[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5339 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5339
To amend title 18, United States Code, to clarify and expand Federal
criminal jurisdiction over Federal contractors and employees outside
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2016
Mr. Price of North Carolina (for himself and Mr. Issa) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to clarify and expand Federal
criminal jurisdiction over 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 of 2016'' or the ``CEJA''.
SEC. 2. CLARIFICATION AND EXPANSION OF FEDERAL JURISDICTION OVER
FEDERAL CONTRACTORS AND EMPLOYEES.
(a) Extraterritorial Jurisdiction Over Federal Contractors and
Employees.--
(1) In general.--Chapter 212A of title 18, United States
Code, is amended--
(A) 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'';
(B) by striking the heading of section 3272; and
(C) by adding after section 3271, as amended by
this paragraph, the following new sections:
``Sec. 3272. Offenses committed by Federal contractors and employees
outside the United States
``(a)(1) Whoever, while employed by any department or agency of the
United States other than the Department of Defense or accompanying any
department or agency of the United States other than the Department of
Defense, knowingly engages in conduct (or conspires or attempts to
engage in conduct) outside the United States that would constitute an
offense enumerated in paragraph (3) had the conduct been engaged in
within the special maritime and territorial jurisdiction of the United
States shall be punished as provided for that offense.
``(2) A prosecution may not be commenced against a person under
this subsection 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.
``(3) The offenses covered by paragraph (1) are the following:
``(A) Any offense under chapter 5 (arson) of this title.
``(B) 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.
``(C) Any offense under section 201 (bribery of public
officials and witnesses) of this title.
``(D) Any offense under section 499 (military, naval, or
official passes) of this title.
``(E) 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.
``(F) 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.
``(G) Any offense under chapter 42 (extortionate credit
transactions) of this title.
``(H) 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.
``(I) Any offense under chapter 50A (genocide) of this
title.
``(J) 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.
``(K) Any offense under chapter 55 (kidnapping) of this
title.
``(L) 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.
``(M) 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.
``(N) Any offense under section 2111 (robbery or burglary
within special maritime and territorial jurisdiction) of this
title.
``(O) Any offense under chapter 109A (sexual abuse) of this
title.
``(P) Any offense under chapter 113B (terrorism) of this
title.
``(Q) Any offense under chapter 113C (torture) of this
title.
``(R) Any offense under chapter 115 (treason, sedition, and
subversive activities) of this title.
``(S) Any offense under section 2442 (child soldiers) of
this title.
``(T) 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.
``(b) In addition to the jurisdiction under subsection (a),
whoever, while employed by any department or agency of the United
States other than the Department of Defense and stationed or deployed
in a country outside of the United States pursuant to a treaty or
executive agreement in furtherance of a border security initiative with
that country, engages in conduct (or conspires or attempts to engage in
conduct) outside the United States that would constitute an offense for
which a person may be prosecuted in a court of the United States had
the conduct been engaged in within the special maritime and territorial
jurisdiction of the United States shall be punished as provided for
that offense.
``(c) In this section:
``(1) The term `employed by any department or agency of the
United States other than the Department of Defense' means--
``(A) being 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 Department of Defense;
``(B) being present or residing outside the United
States in connection with such employment;
``(C) not being a national of or ordinarily
resident in the host nation; and
``(D) in the case of such a contractor, contractor
employee, grantee, or grantee employee, that such
employment supports a program, project, or activity for
a department or agency of the United States.
``(2) The term `accompanying any department or agency of
the United States other than the Department of Defense' means--
``(A) being a dependant, family member, or member
of household of--
``(i) a civilian employee of any department
or agency of the United States other than the
Department of Defense; 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 Department of Defense,
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 Department
of Defense;
``(B) residing with such civilian employee,
contractor, contractor employee, grantee, or grantee
employee outside the United States; and
``(C) not being 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 `host nation' means the country outside of
the United States where the employee or contractor resides, the
country where the employee or contractor commits the alleged
offense at issue, or both.
``Sec. 3273. Regulations
``The Attorney General, after consultation with the Secretary of
Defense, the Secretary of State, the Secretary of Homeland Security,
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.''.
(2) Conforming amendment.--Subparagraph (A) of section
3267(1) of title 18, United States Code, is amended to read as
follows:
``(A) employed as a civilian employee, a contractor
(including a subcontractor at any tier), or an employee
of a contractor (or a subcontractor at any tier) of the
Department of Defense (including a nonappropriated fund
instrumentality of the Department);''.
(b) Venue.--Chapter 211 of title 18, United States Code, is amended
by adding at the end the following new section:
``Sec. 3245. Optional venue for offenses involving Federal employees
and contractors overseas
``In addition to any venue otherwise provided in this chapter, the
trial of any offense involving a violation of section 3261, 3271, or
3272 of this title may be brought--
``(1) in the district in which is headquartered the
department or agency of the United States that employs the
offender, or any 1 of 2 or more joint offenders; or
``(2) in the district in which is headquartered the
department or agency of the United States that the offender is
accompanying, or that any 1 of 2 or more joint offenders is
accompanying.''.
(c) Suspension of Statute of Limitations.--Chapter 213 of title 18,
United States Code, is amended by inserting after section 3287 the
following new section:
``Sec. 3287A. Suspension of limitations for offenses involving Federal
employees and contractors overseas
``The statute of limitations for an offense under section 3272 of
this title shall be suspended for the period during which the person is
outside the United States or is a fugitive from justice within the
meaning of section 3290 of this title.''.
(d) Technical Amendments.--
(1) Heading amendment.--The heading of chapter 212A of
title 18, United States Code, is amended to read as follows:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF
CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''.
(2) Tables of sections.--(A) The table of sections for
chapter 211 of title 18, United States Code, is amended by
adding at the end the following new item:
``3245. Optional venue for offenses involving Federal employees and
contractors overseas.''.
(B) The table of sections for 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.''.
(C) The table of sections for chapter 213 of title 18,
United States Code, is amended by inserting after the item
relating to section 3287 the following new item:
``3287A. Suspension of limitations for offenses involving Federal
employees and contractors overseas.''.
(3) Table of chapters.--The item relating to chapter 212A
in the table of chapters for part II of title 18, United States
Code, is amended to read as follows:
``212A. Extraterritorial Jurisdiction Over Offenses of 3271''.
Contractors and Civilian
Employees of the Federal
Government.
SEC. 3. INVESTIGATIVE TASK FORCES FOR CONTRACTOR AND EMPLOYEE
OVERSIGHT.
(a) Establishment of Investigative Task Forces for Contractor and
Employee Oversight.--The Attorney General, in consultation with the
Secretary of Defense, the Secretary of State, the Secretary of Homeland
Security, and the head of any other department or agency of the Federal
Government responsible for employing contractors or persons overseas,
shall assign adequate personnel and resources, including through the
creation of task forces, 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 employees of the Federal Government
for that purpose.
(b) Responsibilities of Attorney General.--
(1) Investigation.--The Attorney General shall have
principal authority for the enforcement of this Act and the
amendments made by this Act, and shall have the authority to
initiate, conduct, and supervise investigations of any alleged
offense under this Act or an amendment made by this Act.
(2) Law enforcement authority.--With respect to violations
of sections 3271 and 3272 of title 18, United States Code (as
amended by section 2(a) of this Act), the Attorney General may
authorize 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 exercise investigative and law enforcement
authority, including those powers that may be exercised under
section 3052 of title 18, United States Code, subject to such
guidelines or policies as the Attorney General considers
appropriate for the exercise of such powers.
(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
amended by section 2(a) of this Act), 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 department or agency of the Federal Government 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 employees and
resources to task forces 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 1 year after the date of
enactment of this Act, and annually thereafter for 5 years, the
Attorney General shall, in consultation with the Secretary of
Defense, the Secretary of State, and the Secretary of Homeland
Security, submit to Congress a report containing the following:
(A) The number of prosecutions under chapter 212A
of title 18, United States Code (as amended by section
2(a) of this Act), including the nature of the offenses
and any dispositions reached, during the previous year.
(B) The actions taken to implement subsection (a),
including the organization and training of employees
and the use of task forces, during the previous year.
(C) Such recommendations for legislative or
administrative action as the President considers
appropriate to enforce chapter 212A of title 18, United
States Code (as amended by section 2(a) of this Act),
and the provisions of this section.
(c) Definitions.--In this section, the terms ``agency'' and
``department'' have the meanings given such terms in section 6 of title
18, United States Code.
(d) Rule of Construction.--Nothing in this section 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 employees overseas.
SEC. 4. EFFECTIVE DATE.
(a) Immediate Effectiveness.--This Act and the amendments made by
this Act shall take effect on the date of 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 or an
amendment made by this Act applies shall have 90 days after the date of
enactment of this Act to ensure compliance with this Act and the
amendments made by this Act.
SEC. 5. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this Act or any amendment made by this
Act shall be construed--
(1) to limit or affect the application of extraterritorial
jurisdiction related to any other Federal law; or
(2) to limit or affect any authority or responsibility of a
Chief of Mission as provided in section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927).
(b) Intelligence Activities.--Nothing in this Act or any amendment
made by this Act shall apply to the authorized intelligence activities
of the United States Government.
SEC. 6. FUNDING.
If any amounts are appropriated to carry out this Act or an
amendment made by this Act, the amounts shall be from amounts which
would have otherwise been made available or appropriated to the
Department of Justice.
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