,,ii #aacth ,,congress #b;d ,session ,s4 #beih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjad,mr4 ,leahy 7for himself1 ,mr4 ,schumer1 ,mr4 ,blumenthal1 ,mr4 ,durbin1 ,mrs4 ,mc,caskill1 ,mrs4 ,shaheen1 ,mr4 ,sanders1 ,mr4 ,whitehouse1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to clarify and expand ,federal criminal jurisdiction over ,federal contractors and employees outside the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,civilian ,extraterritorial ,jurisdiction ,act of #bjad or the ,,ceja4 #b4 ,clarification and expansion of ,federal jurisdiction over ,federal contractors and employees 7a7 ,extraterritorial jurisdiction over ,federal contractors and employees 7#a7 ,in general ,chapter #bab;,a of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by transferring the text of section #cbgb to the end of section #cbga1 redesignating such text as subsection 7c7 of section #cbga1 and1 in such text1 as so redesignated1 by striking this chapter and inserting this section2 7,b7 by striking the heading of section #cbgb2 and 7,c7 by adding after section #cbga1 as amended by this paragraph1 the following new sections3 #cbgb4 ,offenses committed by ,federal contractors and employees outside the ,united ,states 7a7 7#a7 ,whoever1 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 ,defense1 knowingly engages in conduct 7or conspires or attempts to engage in conduct7 outside the ,united ,states that would constitute an offense enumerated in paragraph 7#c7 had the conduct been engaged in within the special maritime and territorial jurisdiction of the ,united ,states shall be punished as provided for that offense4 7#b7 ,a prosecution may not be commenced against a person under this subsection if a foreign government1 in accordance with jurisdiction recognized by the ,united ,states1 has prosecuted or is prosecuting such person for the conduct constituting the offense1 except upon the approval of the ,attorney ,general or the ,deputy ,attorney ,general 7or a person acting in either such capacity71 which function of approval may not be delegated4 7#c7 ,the offenses covered by paragraph 7#a7 are the following3 7,a7 ,any offense under chapter #e 7arson7 of this title4 7,b7 ,any offense under section #aaa 7assaulting1 resisting1 or impeding certain officers or employees71 #aac 7assault within maritime and territorial jurisdiction71 or #aad 7maiming within maritime and territorial jurisdiction7 of this title1 but only if the offense is subject to a maximum sentence of imprisonment of one year or more4 7,c7 ,any offense under section #bja 7bribery of public officials and witnesses7 of this title4 7,d7 ,any offense under section #dii 7military1 naval1 or official passes7 of this title4 7,e7 ,any offense under section #gja 7official badges1 identification cards1 and other insignia71 #gjb 7uniform of armed forces and ,public ,health ,service71 #gjc 7uniform of friendly nation71 or #gjd 7military medals or decorations7 of this title4 7,f7 ,any offense under chapter #da 7extortion and threats7 of this title1 but only if the offense is subject to a maximum sentence of imprisonment of three years or more4 7,g7 ,any offense under chapter #db 7extortionate credit transactions7 of this title4 7,h7 ,any offense under section #ibd7;c7 7use of firearm in violent or drug trafficking crime7 or #ibd7o7 7conspiracy to violate section #ibd7;c77 of this title4 7,i7 ,any offense under chapter #ej;,a 7genocide7 of this title4 7,j7 ,any offense under section #aaaa 7murder71 #aaab 7manslaughter71 #aaac 7attempt to commit murder or manslaughter71 #aaad 7protection of officers and employees of the ,united ,states71 #aaaf 7murder or manslaughter of foreign officials1 official guests1 or internationally protected persons71 #aaag 7conspiracy to commit murder71 or #aaai 7foreign murder of ,united ,states nationals7 of this title4 7,k7 ,any offense under chapter #ee 7kidnapping7 of this title4 7,l7 ,any offense under section #aejc 7influencing or injuring officer or juror generally71 #aeje 7obstruction of proceedings before departments1 agencies1 and committees71 #aeaj 7obstruction of criminal investigations71 #aeab 7tampering with a witness1 victim1 or informant71 or #aeac 7retaliating against a witness1 victim1 or an informant7 of this title4 7,m7 ,any offense under section #aiea 7interference with commerce by threats or violence71 #aieb 7interstate and foreign travel or transportation in aid of racketeering enterprises71 #aief 7laundering of monetary instruments71 #aieg 7engaging in monetary transactions in property derived from specified unlawful activity71 #aieh 7use of interstate commerce facilities in the commission of murder for hire71 or #aiei 7violent crimes in aid of racketeering activity7 of this title4 7,n7 ,any offense under section #baaa 7robbery or burglary within special maritime and territorial jurisdiction7 of this title4 7,o7 ,any offense under chapter #aji;,a 7sexual abuse7 of this title4 7,p7 ,any offense under chapter #aac;,b 7terrorism7 of this title4 7,q7 ,any offense under chapter #aac;,c 7torture7 of this title4 7,r7 ,any offense under chapter #aae 7treason1 sedition1 and subversive activities7 of this title4 7,s7 ,any offense under section #bddb 7child soldiers7 of this title4 7,t7 ,any offense under section #dja 7manufacture1 distribution1 or possession with intent to distribute a controlled substance7 or #djh 7continuing criminal enterprise7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda1 #hdh71 or under section #ajjb 7importation of controlled substances71 #ajjc 7exportation of controlled substances71 or #ajaj 7import or export of a controlled substance7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ieb1 #iec1 #ifj71 but only if the offense is subject to a maximum sentence of imprisonment of #bj years or more4 7b7 ,in addition to the jurisdiction under subsection 7a71 whoever1 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 country1 engages in conduct 7or conspires or attempts to engage in conduct7 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 offense4 7c7 ,in this section3 7#a7 ,the term employed by any department or agency of the ,united ,states other than the ,department of ,defense means-- 7,a7 an individual is-- 7i7 employed as a civilian employee1 a contractor 7including a subcontractor at any tier71 an employee of a contractor 7or a subcontractor at any tier71 a grantee 7including a contractor of a grantee or a subgrantee or subcontractor at any tier71 or an employee of a grantee 7or a contractor of a grantee or a subgrantee or subcontractor at any tier7 of any department or agency of the ,united ,states other than the ,department of ,defense2 7ii7 present or residing outside the ,united ,states in connection with such employment2 and 7iii7 not a national of or ordinarily resident in the host nation2 and 7,b7 in the case of an individual who is such a contractor1 contractor employee1 grantee1 or grantee employee1 such employment supports a program1 project1 or activity for a department or agency of the ,united ,states4 7#b7 ,the term accompanying any department or agency of the ,united ,states other than the ,department of ,defense means an individual is-- 7,a7 a dependant1 family member1 or member of household of-- 7i7 a civilian employee of any department or agency of the ,united ,states other than the ,department of ,defense2 or 7ii7 a contractor 7including a subcontractor at any tier71 an employee of a contractor 7or a subcontractor at any tier71 a grantee 7including a contractor of a grantee or a subgrantee or subcontractor at any tier71 or an employee of a grantee 7or a contractor of a grantee or a subgrantee or subcontractor at any tier7 of any department or agency of the ,united ,states other than the ,department of ,defense1 which contractor1 contractor employee1 grantee1 or grantee employee is supporting a program1 project1 or activity for a department or agency of the ,united ,states other than the ,department of ,defense2 7,b7 residing with such civilian employee1 contractor1 contractor employee1 grantee1 or grantee employee outside the ,united ,states2 and 7,c7 not a national of or ordinarily resident in the host nation4 7#c7 ,the term grant agreement means a legal instrument described in section #fcjd or #fcje of title #ca1 other than an agreement between the ,united ,states and a ,state1 local1 or foreign government or an international organization4 7#d7 ,the term grantee means a party1 other than the ,united ,states1 to a grant agreement4 7#e7 ,the term host nation means the country outside of the ,united ,states where the employee or contractor resides1 the country where the employee or contractor commits the alleged offense at issue1 or both4 #cbgc4 ,regulations ,the ,attorney ,general1 after consultation with the ,secretary of ,defense1 the ,secretary of ,state1 the ,secretary of ,homeland ,security1 and the ,director of ,national ,intelligence1 shall prescribe regulations governing the investigation1 apprehension1 detention1 delivery1 and removal of persons described in sections #cbga and #cbgb of this title4 4 7#b7 ,conforming amendment ,subparagraph 7,a7 of section #cbfg7a7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7,a7 employed as a civilian employee1 a contractor 7including a subcontractor at any tier71 or an employee of a contractor 7or a subcontractor at any tier7 of the ,department of ,defense 7including a nonappropriated fund instrumentality of the ,department72 4 7b7 ,venue ,chapter #baa of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cbde4 ,optional venue for offenses involving ,federal employees and contractors overseas ,in addition to any venue otherwise provided in this chapter1 the trial of any offense involving a violation of section #cbfa1 #cbga1 or #cbgb of this title may be brought-- 7#a7 in the district in which is headquartered the department or agency of the ,united ,states that employs the offender1 or any #a of #b or more joint offenders2 or 7#b7 in the district in which is headquartered the department or agency of the ,united ,states that the offender is accompanying1 or that any #a of #b or more joint offenders is accompanying4 4 7c7 ,suspension of statute of limitations ,chapter #bac of title #ah1 ,united ,states ,code1 is amended by inserting after section #cbhg the following new section3 #cbhg;,a4 ,suspension of limitations for offenses involving ,federal employees and contractors overseas ,the statute of limitations for an offense under section #cbgb of this title shall be suspended for the period during which the individual is outside the ,united ,states or is a fugitive from justice within the meaning of section #cbij of this title4 4 7d7 ,technical amendments 7#a7 ,heading amendment ,the heading of chapter #bab;,a of title #ah1 ,united ,states ,code1 is amended to read as follows3 #bab;,a ,extraterritorial ,jurisdiction ,over ,offenses of ,contractors and ,civilian ,employees of the ,federal ,government 4 7#b7 ,tables of sections 7,a7 ,the table of sections for chapter #baa of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new item3 #cbde4 ,optional venue for offenses involving ,federal employees and contractors overseas4 4 7,b7 ,the table of sections for chapter #bab;,a of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #cbgb and inserting the following new items3 #cbgb4 ,offenses committed by ,federal contractors and employees outside the ,united ,states4#cbgc4 ,regulations4 4 7,c7 ,the table of sections for chapter #bac of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cbhg the following new item3 #cbhg;,a4 ,suspension of limitations for offenses involving ,federal employees and contractors overseas4 4 7#c7 ,table of chapters ,the item relating to chapter #bab;,a in the table of chapters for part ,,ii of title #ah1 ,united ,states ,code1 is amended to read as follows3 #bab;,a4 ,extraterritorial ,jurisdiction ,over ,offenses of ,contractors and ,civilian ,employees of the ,federal ,government#cbga 4 #c4 ,investigative task forces for contractor and employee oversight 7a7 ,establishment of investigative task forces for contractor and employee oversight ,the ,attorney ,general1 in consultation with the ,secretary of ,defense1 the ,secretary of ,state1 the ,secretary of ,homeland ,security1 and the head of any other department or agency of the ,federal ,government responsible for employing contractors or persons overseas1 shall assign adequate personnel and resources1 including through the creation of task forces1 to investigate allegations of criminal offenses under chapter #bab;,a of title #ah1 ,united ,states ,code 7as amended by section #b7;a7 of this ,act71 and may authorize the overseas deployment of law enforcement agents and other employees of the ,federal ,government for that purpose4 7b7 ,responsibilities of attorney general 7#a7 ,investigation ,the ,attorney ,general shall have principal authority for the enforcement of this ,act and the amendments made by this ,act1 and shall have the authority to initiate1 conduct1 and supervise investigations of any alleged offense under this ,act or an amendment made by this ,act4 7#b7 ,law enforcement authority ,with respect to violations of sections #cbga and #cbgb of title #ah1 ,united ,states ,code 7as amended by section #b7;a7 of this ,act71 the ,attorney ,general may authorize any person serving in a law enforcement position in any other department or agency of the ,federal ,government1 including a member of the ,diplomatic ,security ,service of the ,department of ,state or a military police officer of the ,armed ,forces1 to exercise investigative and law enforcement authority1 including those powers that may be exercised under section #cjeb of title #ah1 ,united ,states ,code1 subject to such guidelines or policies as the ,attorney ,general considers appropriate for the exercise of such powers4 7#c7 ,prosecution ,the ,attorney ,general may establish such procedures the ,attorney ,general considers appropriate to ensure that ,federal law enforcement agencies refer offenses under section #cbga or #cbgb of title #ah1 ,united ,states ,code 7as amended by section #b7;a7 of this ,act71 to the ,attorney ,general for prosecution in a uniform and timely manner4 7#d7 ,assistance on request of attorney general ,notwithstanding any statute1 rule1 or regulation to the contrary1 the ,attorney ,general may request assistance from the ,secretary of ,defense1 the ,secretary of ,state1 or the head of any other department or agency of the ,federal ,government to enforce section #cbga or #cbgb of title #ah1 ,united ,states ,code 7as so amended74 ,the assistance requested may include the following3 7,a7 ,the assignment of additional employees and resources to task forces established by the ,attorney ,general under subsection 7a74 7,b7 ,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 occurs4 7#e7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for #e years1 the ,attorney ,general shall1 in consultation with the ,secretary of ,defense1 the ,secretary of ,state1 and the ,secretary of ,homeland ,security1 submit to ,congress a report containing the following3 7,a7 ,the number of prosecutions under chapter #bab;,a of title #ah1 ,united ,states ,code 7as amended by section #b7;a7 of this ,act71 including the nature of the offenses and any dispositions reached1 during the previous year4 7,b7 ,the actions taken to implement subsection 7a71 including the organization and training of employees and the use of task forces1 during the previous year4 7,c7 ,such recommendations for legislative or administrative action as the ,president considers appropriate to enforce chapter #bab;,a of title #ah1 ,united ,states ,code 7as amended by section #b7;a7 of this ,act71 and the provisions of this section4 7c7 ,definitions ,in this section1 the terms agency and department have the meanings given such terms in section #f of title #ah1 ,united ,states ,code4 7d7 ,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 overseas4 #d4 ,effective date 7a7 ,immediate effectiveness ,this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4 7b7 ,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 #ij days after the date of enactment of this ,act to ensure compliance with this ,act and the amendments made by this ,act4 #e4 ,rules of construction 7a7 ,in general ,nothing in this ,act or any amendment made by this ,act shall be construed-- 7#a7 to limit or affect the application of extraterritorial jurisdiction related to any other ,federal law2 or 7#b7 to limit or affect any authority or responsibility of a ,chief of ,mission as provided in section #bjg of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cibg74 7b7 ,intelligence activities ,nothing in this ,act or any amendment made by this ,act shall apply to the authorized intelligence activities of the ,united ,states ,government4 #f4 ,funding ,if any amounts are appropriated to carry out this ,act or an amendment made by this ,act1 the amounts shall be from amounts which would have otherwise been made available or appropriated to the ,department of ,justice4