[Congressional Record Volume 167, Number 189 (Wednesday, October 27, 2021)]
[House]
[Pages H5942-H5944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




JAIME ZAPATA AND VICTOR AVILA FEDERAL OFFICERS AND EMPLOYEES PROTECTION 
                                  ACT

  Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and pass 
the bill (S. 921) to amend title 18, United States Code, to further 
protect officers and employees of the United States, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 921

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Jaime Zapata and Victor 
     Avila Federal Officers and Employees Protection Act''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) since the founding of the Nation, officers and 
     employees of the United States Government have dutifully and 
     faithfully served the United States overseas, including in 
     situations that place them at serious risk of death or bodily 
     harm, in order to preserve, protect, and defend the interests 
     of the United States;
       (2) securing the safety of such officers and employees 
     while serving overseas is of paramount importance and is also 
     in furtherance of preserving, protecting, and defending the 
     interests of the United States;
       (3) 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;
       (4) in a case involving a violent attack against Federal 
     law enforcement officers Jaime Zapata and Victor Avila, a 
     panel of a Federal court of appeals held that section 1114 of 
     title 18, United States Code, does not apply 
     extraterritorially, creating a split among the United States 
     circuit courts of appeals;
       (5) in light of the opinion described in paragraph (4), it 
     has become necessary for Congress to clarify the original 
     intent that section 1114 of title 18, United States Code, 
     applies extraterritorially; and
       (6) it is further appropriate to clarify the original 
     intent that sections 111 and 115 of title 18, United States 
     Code, apply extraterritorially as well.

     SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED 
                   STATES.

       Part I of title 18, United States Code, is amended--
       (1) in section 111, by adding at the end the following:
       ``(c) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over the conduct prohibited by 
     this section.'';
       (2) in section 115, by adding at the end the following:
       ``(e) There is extraterritorial jurisdiction over the 
     conduct prohibited by this section.''; and
       (3) in section 1114--
       (A) by inserting ``(a) In General.--'' before ``Whoever''; 
     and
       (B) by adding at the end the following:
       ``(b) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over the conduct prohibited by 
     this section.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Texas (Ms. Jackson Lee) and the gentleman from Oregon (Mr. Bentz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of S. 921, the Jaime Zapata and Victor 
Avila Federal Officers and Employees Protection Act. This Senate-passed 
bill would correct a manifest wrong by making clear that the law 
prohibiting the killing of Federal employees extends beyond American 
borders.
  Our Justice Department must have the ability to ensure that anyone 
who kills or attempts to kill individuals serving our country outside 
the United States are brought to justice under current law.
  The tragic circumstance that makes this bill necessary bears 
repeating. Immigration and Customs Enforcement Special Agents Jaime 
Zapata and Victor Avila were assigned abroad to protect American 
interests. In early 2011, while traveling in a convoy near San Luis 
Potosi, Mexico, the American agents were attacked by agents of the Los 
Zetas drug cartel.
  In the firefight, both Agents Zapata and Avila were shot. Tragically, 
Agent Zapata died from his wounds. A thorough investigation brought the 
perpetrators of this heinous act to the United States to stand to 
account for the acts, and they were convicted. Yet, justice remained 
unfulfilled.
  In January 2020, the D.C. Circuit Court of Appeals vacated the murder 
conviction of two Los Zetas cartel members responsible for the murder 
of Agent Zapata and attempted murder of Agent Avila.
  In doing so, the Court of Appeals found that the law we are amending 
today did not contain an adequate expression that it was intended to 
apply to crimes committed outside the United States.
  Today, we correct this errant and apparently unfair judicial 
interpretation. This bill does not extend criminal laws or penalties, 
nor does it create a new crime, it merely clarifies Congress' original 
intent.
  Because of this bill, the United States Government may prosecute 
anyone who killed or attempted to kill a Federal officer or employee, 
whether they be agents or diplomats, while they were performing their 
official duties outside of the United States. The rule of law will 
prevail.
  Interestingly enough, since the killings in that tragic incident, we 
have seen a number of attacks against many of our outstanding Federal 
employees, diplomats, and others overseas. That is all this bill would 
do, but it is an important thing to do.
  Mr. Speaker, I thank my fellow Texans, Mr. Cuellar and Mr. McCaul, 
for leading the House companion to this bill, and I urge my colleagues 
to support this legislation out of basic and endearing justice for all, 
and for the families of these men.
  I rise in support of S. 921, the ``Jaime Zapata and Victor Avila 
Federal Officers and Employees Protection Act.'' This Senate-passed 
bill would correct a manifest wrong by making clear that the law 
prohibiting the killing of federal employees extends beyond American 
borders.
  Our Justice Department must have the ability to ensure that anyone 
who kills or attempts to kill individuals serving our country outside 
the United States are brought to justice under current law.
  The tragic circumstances that make this bill necessary bear 
repeating. Immigration and Customs Enforcement Special Agents Jaime 
Zapata and Victor Avila were assigned abroad to protect American 
interests. In early 2011, while traveling in a convoy near San Luis 
Potosi, Mexico, the American agents were attacked by members of the Los 
Zetas drug cartel.
  In the firefight, both Agents Zapata and Agent Avila were shot. 
Tragically Agent Zapata died from his wounds.
  A thorough investigation brought the perpetrators of this heinous 
attack to the United States to stand to account for the acts, and they 
were convicted.
  Yet, justice remained unfulfilled. In January 2020, the D.C. Circuit 
Court of Appeals vacated the murder convictions of two Los Zetas cartel 
members responsible for the murder of Agent Zapata and attempted murder 
of Agent Avila.
  In doing so, the Court of Appeals found that the law we are amending 
today did not contain an adequate expression that it was intended to 
apply to crimes committed outside the United States.
  Today, we correct this errant judicial interpretation.
  This bill does not extend criminal laws or penalties. Nor does it 
create a new crime. It merely clarifies Congress's original intent.
  Because of this bill, the United States government may prosecute 
anyone who killed or attempted to kill a federal officer or employee, 
whether they be agents or diplomats, while they were performing their 
official duties outside of the United States. The rule of law will 
prevail.
  That is all this bill would do but it is an important thing to do.

[[Page H5943]]

  I thank my fellow Texas Representatives Henry Cuellar and Michael 
McCaul for leading the House companion to this bill. And I urge my 
colleagues to support this legislation today.
  

  Mr. Speaker, I reserve the balance of my time.
  Mr. BENTZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 921, the Jamie Zapata and Victor 
Avila Federal Officers and Employees Protection Act.
  In 2011, members of the Los Zetas drug cartel gunned down ICE Agents 
Jaime Zapata and Victor Avila in an attempted carjacking. Agent Zapata 
was killed.
  The perpetrators of this terrible crime were members of the Los Zetas 
hit squad on a mission that day to shoot and steal vehicles for cartel 
operations.
  The murder and attempted carjacking occurred in Mexico. So the 
perpetrators were extradited to the United States to face trial for the 
murder and attempted murder of the American agents.
  In 2017, the cartel members were convicted under section 1114 of 
title 18 of the United States Code, which prohibits the killing of an 
officer of the United States. They were sentenced to life in prison.
  On appeal, the D.C. Circuit Court of Appeals ruled that because the 
crimes occurred on foreign soil, section 1114 did not apply.
  In light of this ruling, Federal law enforcement officers and civil 
servants stationed overseas are made more vulnerable to attack. The 
decision created a circuit split and opened a loophole in Federal law 
reversing centuries of precedent that the law was intended to apply 
extraterritorially.
  The bill simply codifies centuries of precedent and legal 
understanding by clarifying the extraterritorial application of three 
Federal statutes to protect our Federal law enforcement officers and 
other Federal officials. The bill passed the Senate by unanimous 
consent in May.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Texas (Mr. Cuellar), the original sponsor of this 
legislation.
  Mr. CUELLAR. Mr. Speaker, I want to thank Representative Jackson Lee 
for her leadership in this effort to make sure that we protect not only 
other diplomats, but our agents that work overseas. I also want to 
thank Mr.   Michael McCaul, one of my co-leads on this, Mr. Bill 
Pascrell, Mr. Filemon Vela, and other Members, all bipartisan, that 
support this.
  On the Senate side, the lead sponsors were Senator John Cornyn and 
also Senator Chris Coons, and a whole bunch of other folks. I certainly 
want to say thank you so much.
  Mr. Speaker, this legislation is important because this is a 
bipartisan bill, and it ensures that individuals who harm or attempt to 
harm U.S. Federal officers or employees serving abroad can be brought 
to justice and prosecuted in the United States.
  Furthermore, this bill will improve the safety and the security of 
not only the agents but any diplomat or any Federal employee that works 
outside the U.S. or overseas by ensuring that crimes that are committed 
against Americans serving abroad can be prosecuted by United States 
courts.

                              {time}  1300

  As the chairwoman mentioned a few minutes ago, it was very 
unfortunate what happened, and it is a change on the--we want to make 
sure that the intent of the law that has been there will be followed, 
and that basically just means that that section 1114 of the United 
States Code would say that it also covers foreign jurisdiction. So, 
therefore, we ask that we support this legislation because as it was 
mentioned, on February 15, 2011, ICE Special Agent Jaime Zapata and 
also his colleague, Victor Avila, were ambushed by members of the 
Mexican drug cartels in San Luis Potosi, Mexico.
  Unfortunately, as it has been mentioned, Special Agent Zapata died 
because of his injuries. ICE Special Agent Jaime Zapata's murderer 
cannot be brought to justice because of that loophole in the current 
law, and this bipartisan legislation will close that loophole and 
ensure that the safety of all Federal employees serving our Nation 
abroad will be protected.
  There must be severe consequences brought to bear against any 
individual who harms any of the Federal employees who are serving 
abroad. We need to know that the heroism of Special Agent Zapata and 
also Special Agent Avila, by holding those people who committed 
violence, are held accountable.
  Furthermore, this issue and this bill is also important to me because 
Special Agent Zapata was assigned to the Homeland Security 
Investigations Office located in my hometown, Laredo, Texas, while he 
served on the Human Smuggling and Trafficking Unit as well as the 
Border Enforcement Security Task Force known as BEST.
  So, Mr. Speaker, I urge my colleagues to support this important 
legislation.
  Mr. BENTZ. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Pfluger).
  Mr. PFLUGER. Mr. Speaker, this bill is about accountability. It is 
about leaving no American behind. The safety of our Nation depends on 
our heroes who are willing to raise their hands and put their own lives 
on the line regardless of if they are at home or abroad.
  Tragically, a current loophole in Federal law has allowed the killers 
of Jaime Zapata, a Texan and American hero, to escape the murder 
convictions and sentences that they were found guilty for, and justice 
must be served.
  In 2011, as you heard the details already, Mr. Speaker, let's 
reiterate the two ICE agents, Jaime Zapata as well as Victor Avila, 
were deployed to Mexico to curb human and drug trafficking at our 
southern border. The two were ambushed and gunned down by members of a 
Mexican drug cartel who opened fire on them along Highway 57. Both 
agents were struck, and Jaime Zapata tragically died from his injuries.
  Weeks after the ambush, seven of these killers were extradited to the 
United States, and two were found guilty of murder. But last year, a 
Federal appeals court dismissed the murder convictions on the basis 
that the district court did not have jurisdiction over the crimes that 
were committed against those law enforcement agents who were stationed 
outside of our borders.
  This is unacceptable, as has been mentioned. Anyone who attacks a 
U.S. Federal agent who is protecting our country, whether at home or 
abroad, must be held accountable and must be brought to justice.
  I am proud to support this legislation to work with my colleagues 
across the aisle, and I am proud of the bipartisanship that Ms. Jackson 
Lee, Mr. Cuellar, and so many others have brought forward today. It is 
very important. Again, this goes to the heart of accountability, and it 
goes to the heart of leaving no American behind.
  I appreciate also the leadership of Senators John Cornyn and Chris 
Coons on this very important initiative. Our country's heroes deserve 
to know that those of us in Congress in a bipartisan way will hold 
those to account who break the law. It is so important for us to stand 
by law enforcement, especially those who are willing to give their all 
outside of our borders.
  Mr. BENTZ. In closing, Mr. Speaker, I urge my colleagues to support 
this bill, and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I yield myself the balance of my time 
to close.
  Mr. Speaker, this legislation is necessary to ensure that Federal 
employees who are serving overseas can be protected by the American 
umbrella of justice.
  We have seen since this tragic incident of those who were serving our 
country and lost their life and were injured. We have seen a myriad of 
attacks on diplomats and others outside of the boundaries of war. We 
have been stunned by actions against diplomats in embassies and outside 
of embassies.
  So this is a bipartisan bill that was adopted by the Senate by 
unanimous consent, and I ask my colleagues to join me in supporting 
this legislation so the President can sign it into law and to be able 
to tell all of our Federal employees and diplomats who are standing in 
the name of that flag that is shown behind you, Mr. Speaker, that we do 
care about their service and their safety.

[[Page H5944]]

  Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. Speaker, this legislation is necessary to ensure that federal 
employees who are serving overseas can be protected by the American 
umbrella of justice.
  This is a bipartisan bill that was adopted by the Senate by unanimous 
consent.
  I ask that my colleagues join me in supporting this legislation so 
that the President can sign it into law.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the 
rules and pass the bill, S. 921.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________