[117th Congress Public Law 59]
[From the U.S. Government Publishing Office]
[[Page 135 STAT. 1468]]
Public Law 117-59
117th Congress
An Act
To amend title 18, United States Code, to further protect officers and
employees of the United States, and for other purposes. <<NOTE: Nov. 18,
2021 - [S. 921]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Jaime Zapata and
Victor Avila Federal Officers and Employees Protection Act. 18 USC 1
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jaime Zapata and Victor Avila Federal
Officers and Employees Protection Act''.
SEC. 2. <<NOTE: 18 USC 1114 note.>> 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.
[[Page 135 STAT. 1469]]
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.''.
Approved November 18, 2021.
LEGISLATIVE HISTORY--S. 921:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
May 28, considered and passed Senate.
Oct. 27, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
Nov. 18, Presidential remarks.
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