[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4567 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4567
To amend title 18, United States Code, to provide accountability for
the criminal acts of Federal contractors and employees outside the
United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2010
Mr. Price of North Carolina (for himself, Mr. Bishop of New York, Mr.
Blumenauer, Mr. Brady of Pennsylvania, Mr. Butterfield, Mr. Cooper, Ms.
DeLauro, Mr. Dicks, Mr. Ellison, Mr. Farr, Mr. Filner, Mr. Grijalva,
Mr. Hall of New York, Ms. Hirono, Mr. Johnson of Georgia, Mr. Kagen,
Ms. Kaptur, Ms. Kilpatrick of Michigan, Mr. Kissell, Ms. Lee of
California, Mr. McDermott, Mr. McGovern, Mr. McIntyre, Mr. Miller of
North Carolina, Ms. Schakowsky, Mr. Snyder, Mr. Spratt, Mr. Stark, Ms.
Woolsey, and Mr. Wu) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide accountability for
the criminal acts of Federal contractors and employees outside the
United States, and for other purposes.
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 ``Civilian Extraterritorial
Jurisdiction Act (CEJA) of 2010''.
SEC. 2. ACCOUNTABILITY FOR CRIMINAL ACTS OF FEDERAL CONTRACTORS AND
EMPLOYEES OUTSIDE THE UNITED STATES.
(a) Extraterritorial Jurisdiction Over Federal Contractors and
Employees.--Chapter 212A of title 18, United States Code, is amended--
(1) by transferring the text of section 3272 to the end of
section 3271, redesignating such text as subsection (c) of
section 3271, and, in such text, as so redesignated, by
striking ``this chapter'' and inserting ``this section'';
(2) by striking the heading of section 3272; and
(3) by adding after section 3271, as amended by this
subsection, the following new sections:
``Sec. 3272. Offenses committed by Federal contractors and employees
outside the United States
``(a) Whoever, while employed by or accompanying any department or
agency of the United States other than the Armed Forces, knowingly
engages in conduct (or conspires or attempts to engage in conduct)
outside the United States that would constitute an offense enumerated
in subsection (c) had the conduct been engaged in within the United
States or within the special maritime and territorial jurisdiction of
the United States shall be punished as provided for that offense.
``(b) No prosecution for an offense may be commenced against a
person under this section if a foreign government, in accordance with
jurisdiction recognized by the United States, has prosecuted or is
prosecuting such person for the conduct constituting the offense,
except upon the approval of the Attorney General or the Deputy Attorney
General (or a person acting in either such capacity), which function of
approval may not be delegated.
``(c) The offenses covered by subsection (a) are the following:
``(1) Any offense under chapter 5 (arson) of this title.
``(2) Any offense under section 111 (assaulting, resisting,
or impeding certain officers or employees), 113 (assault within
maritime and territorial jurisdiction), or 114 (maiming within
maritime and territorial jurisdiction) of this title, but only
if the offense is subject to a maximum sentence of imprisonment
of one year or more.
``(3) Any offense under section 201 (bribery of public
officials and witnesses) of this title.
``(4) Any offense under section 499 (military, naval, or
official passes) of this title.
``(5) Any offense under section 701 (official badges,
identifications cards, and other insignia), 702 (uniform of
armed forces and Public Health Service), 703 (uniform of
friendly nation), or 704 (military medals or decorations) of
this title.
``(6) Any offense under chapter 41 (extortion and threats)
of this title, but only if the offense is subject to a maximum
sentence of imprisonment of three years or more.
``(7) Any offense under chapter 42 (extortionate credit
transactions) of this title.
``(8) Any offense under section 924(c) (use of firearm in
violent or drug trafficking crime) or 924(o) (conspiracy to
violate section 924(c)) of this title.
``(9) Any offense under chapter 50A (genocide) of this
title.
``(10) Any offense under section 1111 (murder), 1112
(manslaughter), 1113 (attempt to commit murder or
manslaughter), 1114 (protection of officers and employees of
the United States), 1116 (murder or manslaughter of foreign
officials, official guests, or internationally protected
persons), 1117 (conspiracy to commit murder), or 1119 (foreign
murder of United States nationals) of this title.
``(11) Any offense under chapter 55 (kidnapping) of this
title.
``(12) Any offense under section 1503 (influencing or
injuring officer or juror generally), 1505 (obstruction of
proceedings before departments, agencies, and committees), 1510
(obstruction of criminal investigations), 1512 (tampering with
a witness, victim, or informant), or 1513 (retaliating against
a witness, victim, or an informant) of this title.
``(13) Any offense under section 1951 (interference with
commerce by threats or violence), 1952 (interstate and foreign
travel or transportation in aid of racketeering enterprises),
1956 (laundering of monetary instruments), 1957 (engaging in
monetary transactions in property derived from specified
unlawful activity), 1958 (use of interstate commerce facilities
in the commission of murder for hire), or 1959 (violent crimes
in aid of racketeering activity) of this title.
``(14) Any offense under section 2111 (robbery or burglary
within special maritime and territorial jurisdiction) of this
title.
``(15) Any offense under chapter 109A (sexual abuse) of
this title.
``(16) Any offense under chapter 113B (terrorism) of this
title.
``(17) Any offense under chapter 113C (torture) of this
title.
``(18) Any offense under chapter 115 (treason, sedition,
and subversive activities) of this title.
``(19) Any offense under chapter 118 (war crimes) of this
title.
``(20) Any offense under section 401 (manufacture,
distribution, or possession with intent to distribute a
controlled substance) or 408 (continuing criminal enterprise)
of the Controlled Substances Act (21 U.S.C. 841, 848), or under
section 1002 (importation of controlled substances), 1003
(exportation of controlled substances), or 1010 (import or
export of a controlled substance) of the Controlled Substances
Import and Export Act (21 U.S.C. 952, 953, 960), but only if
the offense is subject to a maximum sentence of imprisonment of
20 years or more.
``(d) In this section:
``(1) The term `employed by any department or agency of the
United States other than the Armed Forces' means--
``(A) employed as a civilian employee, a contractor
(including a subcontractor at any tier), an employee of
a contractor (or a subcontractor at any tier), a
grantee (including a contractor of a grantee or a
subgrantee or subcontractor at any tier), or an
employee of a grantee (or a contractor of a grantee or
a subgrantee or subcontractor at any tier) of any
department or agency of the United States other than
the Armed Forces;
``(B) present or residing outside the United States
in connection with such employment;
``(C) in the case of such a contractor, contractor
employee, grantee, or grantee employee, such employment
supports a program, project, or activity for a
department or agency of the United States other than
the Armed Forces; and
``(D) not a national of or ordinarily resident in
the host nation.
``(2) The term `accompanying any department or agency of
the United States other than the Armed Forces' means--
``(A) a dependant of--
``(i) a civilian employee of any department
or agency of the United States other than the
Armed Forces; or
``(ii) a contractor (including a
subcontractor at any tier), an employee of a
contractor (or a subcontractor at any tier), a
grantee (including a contractor of a grantee or
a subgrantee or subcontractor at any tier), or
an employee of a grantee (or a contractor of a
grantee or a subgrantee or subcontractor at any
tier) of any department or agency of the United
States other than the Armed Forces, which
contractor, contractor employee, grantee, or
grantee employee is supporting a program,
project, or activity for a department or agency
of the United States other than the Armed
Forces;
``(B) residing with such civilian employee,
contractor, contractor employee, grantee, or grantee
employee outside the United States; and
``(C) not a national of or ordinarily resident in
the host nation.
``(3) The term `grant agreement' means a legal instrument
described in section 6304 or 6305 of title 31, other than an
agreement between the United States and a State, local, or
foreign government or an international organization.
``(4) The term `grantee' means a party, other than the
United States, to a grant agreement.
``(5) The term `Armed Forces' has the meaning given the
term `armed forces' in section 101(a)(4) of title 10.
``Sec. 3273. Regulations
``The Attorney General, after consultation with the Secretary of
Defense, the Secretary of State, and the Director of National
Intelligence, shall prescribe regulations governing the investigation,
apprehension, detention, delivery, and removal of persons described in
sections 3271 and 3272 of this title.''.
(b) Conforming Amendment.--The heading of chapter 212A of such
title is amended to read as follows:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF
CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''.
(c) Clerical Amendments.--
(1) Table of sections.--The table of sections at the
beginning of chapter 212A of title 18, United States Code, is
amended by striking the item relating to section 3272 and
inserting the following new items:
``3272. Offenses committed by Federal contractors and employees outside
the United States.
``3273. Regulations.''.
(2) Table of chapters.--The item relating to chapter 212A
in the table of chapters at the beginning of part II of such
title is amended to read as follows:
``212A. Extraterritorial Jurisdiction Over Offenses of 3271''.
Contractors and Civilian
Employees of the Federal
Government.
SEC. 3. INVESTIGATIVE UNITS FOR CONTRACTOR AND EMPLOYEE OVERSIGHT.
(a) Establishment of Investigative Units for Contractor and
Employee Oversight.--
(1) In general.--The Attorney General, in consultation with
the Secretary of Defense, the Secretary of State, the Secretary
of Homeland Security, and the heads of any other departments or
agencies of the Federal Government responsible for employing
contractors or persons overseas--
(A) shall assign adequate personnel and resources
through the creation of units (to be known as
``Investigative Units for Contractor and Employee
Oversight'') to investigate allegations of criminal
offenses under chapter 212A of title 18, United States
Code (as amended by section 2(a) of this Act), and may
authorize the overseas deployment of law enforcement
agents and other government personnel for that purpose;
and
(B) shall include in the regulations prescribed
under section 3273 of title 18, United States Code (as
added by section 2(a) of this Act), provisions setting
forth responsibility for the investigation of any
incident in which--
(i) a weapon is allegedly discharged
unlawfully by a person, while employed by or
accompanying any department or agency of the
United States other than the Armed Forces; or
(ii) a person or persons are killed or
seriously injured, or property valued greater
than $10,000 is destroyed, as a result of
conduct by a person, while employed by or
accompanying any department or agency of the
United States other than the Armed Forces.
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit any authority of the Attorney General or
any Federal law enforcement agency to investigate violations of
Federal law or deploy personnel overseas.
(b) Responsibilities of Attorney General.--
(1) Investigation.--The Attorney General shall have
principal authority for the enforcement of chapter 212A of
title 18, United States Code (as so amended), and shall have
the authority to initiate, conduct, and supervise
investigations of any alleged offenses under such chapter.
(2) Arrest.--The Attorney General may designate and
authorize any person serving in a law enforcement position in
the Department of Justice or any person serving in a law
enforcement position in any other department or agency of the
Federal Government, including a member of the Diplomatic
Security Service of the Department of State or a military
police officer of the Armed Forces, to arrest outside the
United States, in accordance with applicable international
treaties, any person described in section 3271 or 3272 of title
18, United States Code (as so amended), if there is probable
cause to believe such person committed an offense or offenses
in such section 3271 or 3272.
(3) Prosecution.--The Attorney General may establish such
procedures the Attorney General considers appropriate to ensure
that Federal law enforcement agencies refer offenses under
section 3271 or 3272 of title 18, United States Code (as so
amended), to the Attorney General for prosecution in a uniform
and timely manner.
(4) Assistance on request of attorney general.--
Notwithstanding any statute, rule, or regulation to the
contrary, the Attorney General may request assistance from the
Secretary of Defense, the Secretary of State, or the head of
any other Executive agency to enforce section 3271 or 3272 of
title 18, United States Code (as so amended). The assistance
requested may include the following:
(A) The assignment of additional personnel and
resources to an Investigative Unit for Contractor and
Employee Oversight established by the Attorney General
under subsection (a).
(B) An investigation into alleged misconduct or
arrest of an individual suspected of alleged misconduct
by agents of the Diplomatic Security Service of the
Department of State present in the nation in which the
alleged misconduct occurs.
(5) Annual report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter for five
years, the Attorney General shall, in consultation with the
Secretary of Defense and the Secretary of State, submit to
Congress a report containing the following:
(A) The number of offenses under chapter 212A of
title 18, United States Code (as so amended), received,
investigated, and referred for prosecution by Federal
law enforcement authorities during the previous year.
(B) The number of prosecutions under chapter 212A
of title 18, United States Code (as so amended),
including the nature of the offenses and any
dispositions reached, during the previous year.
(C) The number, location, and any deployments of
Investigative Units for Contractor and Employee
Oversight to investigate offenses under chapter 212A of
title 18, United States Code (as so amended), during
the previous year.
(D) Such recommendations for legislative or
administrative action as the Attorney General considers
appropriate to enforce chapter 212A of title 18, United
States Code (as so amended), and the provisions of this
section.
(c) Executive Agency.--In this section, the term ``Executive
agency'' has the meaning given that term in section 105 of title 5,
United States Code.
SEC. 4. EFFECTIVE DATE.
(a) Immediate Effectiveness.--This Act and the amendments made by
this Act shall take effect on the date of the enactment of this Act.
(b) Implementation.--The Attorney General and the head of any other
department or agency of the Federal Government to which this Act
applies shall have 90 days after the date of the enactment of this Act
to ensure compliance with the provisions of this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or any amendment made by this Act shall be
construed to limit or affect the application of extraterritorial
jurisdiction related to any other Federal law.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For each of the fiscal years 2010 through 2015, there are
authorized to be appropriated to the Attorney General such sums as are
necessary to carry out this Act.
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