[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2093. Mr. CORNYN (for himself and Mr. Cotton) submitted an 
amendment intended to be proposed by him to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end appropriate place, insert the following:

     SEC. __. JAIME ZAPATA AND VICTOR AVILA FEDERAL LAW 
                   ENFORCEMENT PROTECTION ACT.

       (a) Short Title.--This section may be cited as the ``Jaime 
     Zapata and Victor Avila Federal Law Enforcement Protection 
     Act''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) for decades--
       (A) officers and employees of the United States Government 
     have dutifully and faithfully served the United States at 
     home and abroad, including in situations that place them at 
     serious risk of harm;
       (B) Federal law has reflected strong Federal interest in 
     promoting the efforts of the United States Government 
     overseas and protecting those officers and employees serving 
     abroad by ensuring that the United States Government could 
     prosecute any individuals, including drug traffickers and 
     terrorists, who have harmed or attempted to harm Federal 
     officers and employees while the officers and employees are 
     engaged in or on account of the performance of their official 
     duties internationally; and
       (C) Federal courts, including the United States Court of 
     Appeals for the Second Circuit, the United States Court of 
     Appeals for the Ninth Circuit, and the United States Court of 
     Appeals for the Eleventh Circuit, have correctly interpreted 
     section 1114 of title 18, United States Code, to apply 
     extraterritorially to protect officers and employees of the 
     United States while the officers and employees are serving 
     abroad;
       (2) recently, in a case involving a violent attack by 
     members of a violent drug cartel against Federal law 
     enforcement officers Jaime Zapata and Victor Avila, who were 
     engaged in and performing official duties in Mexico, a 
     Federal court concluded that Congress failed to expressly 
     declare that section 1114 of title 18, United States Code, 
     applies extraterritorially; and
       (3) Congress can and should make clear that section 1114 of 
     title 18, United States Code, applies extraterritorially.
       (c) Protection of Officers and Employees of the United 
     States.--Section 1114 of title 18, United States Code, is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``Whoever''; 
     and
       (2) by adding at the end the following:
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over the conduct prohibited by 
     this section.''.
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