I 

112TH CONGRESS 

1ST SESSION H. R. 2136 

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 

JUNE 3, 2011 

Mr. PRICE of North Carolina 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civilian 

5 Extraterritorial Jurisdiction Act (CEJA) of 2011’’. 


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1 SEC. 2. CLARIFICATION AND EXPANSION OF FEDERAL JU2 RISDICTION OVER FEDERAL CONTRACTORS 

3 AND EMPLOYEES. 

4 (a) EXTRATERRITORIAL JURISDICTION OVER FED5 ERAL CONTRACTORS AND EMPLOYEES.—Chapter 212A of 

6 title 18, United States Code, is amended— 

7 (1) by transferring the text of section 3272 to 

8 the end of section 3271, redesignating such text as 

9 subsection (c) of section 3271, and, in such text, as 

10 so redesignated, by striking ‘‘this chapter’’ and in11 serting ‘‘this section’’; 

12 (2) by striking the heading of section 3272; and 

13 (3) by adding after section 3271, as amended 

14 by this subsection, the following new sections: 

15 ‘‘§ 3272. Offenses committed by Federal contractors 

16 and employees outside the United States 

17 ‘‘(a) Whoever, while employed by or accompanying 

18 any department or agency of the United States other than 

19 the Department of Defense, knowingly engages in conduct 

20 (or conspires or attempts to engage in conduct) outside 

21 the United States that would constitute an offense enu22 merated in subsection (c) had the conduct been engaged 

23 in within the United States or within the special maritime 

24 and territorial jurisdiction of the United States shall be 

25 punished as provided for that offense. 


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1 ‘‘(b) No prosecution for an offense may be com2 menced against a person under this section if a foreign 

3 government, in accordance with jurisdiction recognized by 

4 the United States, has prosecuted or is prosecuting such 

5 person for the conduct constituting the offense, except 

6 upon the approval of the Attorney General or the Deputy 

7 Attorney General (or a person acting in either such capac8 ity), which function of approval may not be delegated. 

9 ‘‘(c) The offenses covered by subsection (a) are the 

10 following: 

11 ‘‘(1) Any offense under chapter 5 (arson) of 

12 this title. 

13 ‘‘(2) Any offense under section 111 (assaulting, 

14 resisting, or impeding certain officers or employees), 

15 113 (assault within maritime and territorial jurisdic16 tion), or 114 (maiming within maritime and terri17 torial jurisdiction) of this title, but only if the of18 fense is subject to a maximum sentence of imprison19 ment of one year or more. 

20 ‘‘(3) Any offense under section 201 (bribery of 

21 public officials and witnesses) of this title. 

22 ‘‘(4) Any offense under section 499 (military, 

23 naval, or official passes) of this title. 

24 ‘‘(5) Any offense under section 701 (official 

25 badges, identification cards, and other insignia), 702 


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1 (uniform of armed forces and Public Health Serv2 ice), 703 (uniform of friendly nation), or 704 (mili3 tary medals or decorations) of this title. 

4 ‘‘(6) Any offense under chapter 41 (extortion 

5 and threats) of this title, but only if the offense is 

6 subject to a maximum sentence of imprisonment of 

7 three years or more. 

8 ‘‘(7) Any offense under chapter 42 (extortionate 

9 credit transactions) of this title. 

10 ‘‘(8) Any offense under section 924(c) (use of 

11 firearm in violent or drug trafficking crime) or 

12 924(o) (conspiracy to violate section 924(c)) of this 

13 title. 

14 ‘‘(9) Any offense under chapter 50A (genocide) 

15 of this title. 

16 ‘‘(10) Any offense under section 1111 (murder), 

17 1112 (manslaughter), 1113 (attempt to commit 

18 murder or manslaughter), 1114 (protection of offi19 cers and employees of the United States), 1116 

20 (murder or manslaughter of foreign officials, official 

21 guests, or internationally protected persons), 1117 

22 (conspiracy to commit murder), or 1119 (foreign 

23 murder of United States nationals) of this title. 

24 ‘‘(11) Any offense under chapter 55 (kidnap25 ping) of this title. 


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1 ‘‘(12) Any offense under section 1503 (influ2 encing or injuring officer or juror generally), 1505 

3 (obstruction of proceedings before departments, 

4 agencies, and committees), 1510 (obstruction of 

5 criminal investigations), 1512 (tampering with a wit6 ness, victim, or informant), or 1513 (retaliating 

7 against a witness, victim, or an informant) of this 

8 title. 

9 ‘‘(13) Any offense under section 1951 (inter10 ference with commerce by threats or violence), 1952 

11 (interstate and foreign travel or transportation in 

12 aid of racketeering enterprises), 1956 (laundering of 

13 monetary instruments), 1957 (engaging in monetary 

14 transactions in property derived from specified un15 lawful activity), 1958 (use of interstate commerce 

16 facilities in the commission of murder for hire), or 

17 1959 (violent crimes in aid of racketeering activity) 

18 of this title. 

19 ‘‘(14) Any offense under section 2111 (robbery 

20 or burglary within special maritime and territorial 

21 jurisdiction) of this title. 

22 ‘‘(15) Any offense under chapter 109A (sexual 

23 abuse) of this title. 

24 ‘‘(16) Any offense under chapter 113B (ter25 rorism) of this title. 


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1 ‘‘(17) Any offense under chapter 113C (torture) 

2 of this title. 

3 ‘‘(18) Any offense under chapter 115 (treason, 

4 sedition, and subversive activities) of this title. 

5 ‘‘(19) Any offense under section 2442 (child 

6 soldiers) of this title. 

7 ‘‘(20) Any offense under section 401 (manufac8 ture, distribution, or possession with intent to dis9 tribute a controlled substance) or 408 (continuing 

10 criminal enterprise) of the Controlled Substances 

11 Act (21 U.S.C. 841, 848), or under section 1002 

12 (importation of controlled substances), 1003 (expor13 tation of controlled substances), or 1010 (import or 

14 export of a controlled substance) of the Controlled 

15 Substances Import and Export Act (21 U.S.C. 952, 

16 953, 960), but only if the offense is subject to a 

17 maximum sentence of imprisonment of 20 years or 

18 more. 

19 ‘‘(d)(1) This section does not apply with respect to 

20 an authorized intelligence activity that is— 

21 ‘‘(A) carried out by or on behalf of the intel22 ligence community; and 

23 ‘‘(B) conducted in accordance with the United 

24 States laws, authorities, and regulations applicable 

25 to that activity. 


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1 ‘‘(2) This subsection shall not be construed to provide 

2 immunity or a defense to an individual solely because that 

3 individual is working for or on behalf of the intelligence 

4 community. 

5 ‘‘(3) In this subsection the term ‘intelligence commu6 nity’ has the meaning given that term in section 3 of the 

7 National Security Act of 1947 (50 U.S.C. 401a). 

8 ‘‘(e) In this section: 

9 ‘‘(1) The term ‘employed by any department or 

10 agency of the United States other than the Depart11 ment of Defense’ means— 

12 ‘‘(A) employed as a civilian employee, a 

13 contractor (including a subcontractor at any 

14 tier), an employee of a contractor (or a subcon15 tractor at any tier), a grantee (including a con16 tractor of a grantee or a subgrantee or subcon17 tractor at any tier), or an employee of a grantee 

18 (or a contractor of a grantee or a subgrantee or 

19 subcontractor at any tier) of any department or 

20 agency of the United States other than the De21 partment of Defense; 

22 ‘‘(B) present or residing outside the 

23 United States in connection with such employ24 ment; 


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1 ‘‘(C) in the case of such a contractor, con2 tractor employee, grantee, or grantee employee, 

3 such employment supports a program, project, 

4 or activity for a department or agency of the 

5 United States; and 

6 ‘‘(D) not a national of or ordinarily resi7 dent in the host nation. 

8 ‘‘(2) The term ‘accompanying any department 

9 or agency of the United States other than the De10 partment of Defense’ means— 

11 ‘‘(A) a dependant, family member, or 

12 member of household of— 

13 ‘‘(i) a civilian employee of any depart14 ment or agency of the United States other 

15 than the Department of Defense; or 

16 ‘‘(ii) a contractor (including a subcon17 tractor at any tier), an employee of a con18 tractor (or a subcontractor at any tier), a 

19 grantee (including a contractor of a grant20 ee or a subgrantee or subcontractor at any 

21 tier), or an employee of a grantee (or a 

22 contractor of a grantee or a subgrantee or 

23 subcontractor at any tier) of any depart24 ment or agency of the United States other 

25 than the Department of Defense, which 


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1 contractor, contractor employee, grantee, 

2 or grantee employee is supporting a pro3 gram, project, or activity for a department 

4 or agency of the United States other than 

5 the Department of Defense; 

6 ‘‘(B) residing with such civilian employee, 

7 contractor, contractor employee, grantee, or 

8 grantee employee outside the United States; 

9 and 

10 ‘‘(C) not a national of or ordinarily resi11 dent in the host nation. 

12 ‘‘(3) The term ‘grant agreement’ means a legal 

13 instrument described in section 6304 or 6305 of title 

14 31, other than an agreement between the United 

15 States and a State, local, or foreign government or 

16 an international organization. 

17 ‘‘(4) The term ‘grantee’ means a party, other 

18 than the United States, to a grant agreement. 

19 ‘‘(5) The term ‘host nation’ means the country 

20 outside of the United States where the employee or 

21 contractor resides, the country where the employee 

22 or contractor commits the alleged offense at issue, 

23 or both. 


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1 ‘‘§ 3273. Regulations 

2 ‘‘The Attorney General, after consultation with the 

3 Secretary of Defense, the Secretary of State, and the Di4 rector of National Intelligence, shall prescribe regulations 

5 governing the investigation, apprehension, detention, de6 livery, and removal of persons described in sections 3271 

7 and 3272 of this title.’’. 

8 (b) CONFORMING AMENDMENT.—Subparagraph (A) 

9 of section 3267(1) of such title is amended to read as fol10 lows: 

11 ‘‘(A) employed as a civilian employee, a 

12 contractor (including a subcontractor at any 

13 tier), or an employee of a contractor (or a sub14 contractor at any tier) of the Department of 

15 Defense (including a nonappropriated fund in16 strumentality of the Department);’’. 

17 (c) CLERICAL AMENDMENTS.— 

18 (1) HEADING AMENDMENT.—The heading of 

19 chapter 212A of such title is amended to read as fol20 lows: 

21 ‘‘CHAPTER 212A—EXTRATERRITORIAL JU22 RISDICTION OVER OFFENSES OF CON23 TRACTORS AND CIVILIAN EMPLOYEES 

24 OF THE FEDERAL GOVERNMENT’’. 

25 (2) TABLE OF SECTIONS.—The table of sections 

26 at the beginning of chapter 212A of title 18, United 


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1 States Code, is amended by striking the item relat2 ing to section 3272 and inserting the following new 

3 items: 

‘‘3272. Offenses committed by Federal contractors and employees outside the 

United States. 

‘‘3273. Regulations.’’. 

4 (3) TABLE OF CHAPTERS.—The item relating 

5 to chapter 212A in the table of chapters at the be6 ginning of part II of such title is amended to read 

7 as follows: 

‘‘212A. Extraterritorial Jurisdiction Over Offenses of 

Contractors and Civilian Employees of the 

Federal Government ............................................ 3271’’. 

8 SEC. 3. INVESTIGATION AND OVERSIGHT OF CONTRACTORS 

9 AND EMPLOYEES. 

10 (a) GENERALLY.— 

11 (1) IN GENERAL.—The Attorney General, in 

12 consultation with the Secretary of Defense, the Sec13 retary of State, the Secretary of Homeland Security, 

14 and the heads of any other departments or agencies 

15 of the Federal Government responsible for employing 

16 contractors or persons overseas— 

17 (A) shall assign adequate personnel and re18 sources, including through the creation of task 

19 forces, to investigate allegations of criminal of20 fenses under chapter 212A of title 18, United 

21 States Code (as amended by section 2(a) of this 

22 Act), and may authorize the overseas deployVerDate Mar 15 2010 00:02 Jun 10, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2136.IH H2136

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1 ment of law enforcement agents and other gov2 ernment personnel for that purpose; and 

3 (B) shall include in the regulations pre4 scribed under section 3273 of title 18, United 

5 States Code (as added by section 2(a) of this 

6 Act), provisions setting forth responsibility for 

7 the investigation of any incident in which— 

8 (i) a weapon is allegedly discharged 

9 unlawfully by a person, while employed by 

10 or accompanying any department or agen11 cy of the United States other than the 

12 Armed Forces; or 

13 (ii) a person or persons are killed or 

14 seriously injured, or property valued great15 er than $10,000 is destroyed, as a result 

16 of conduct by a person, while employed by 

17 or accompanying any department or agen18 cy of the United States other than the 

19 Armed Forces. 

20 (2) RULE OF CONSTRUCTION.—Nothing in this 

21 subsection shall be construed to limit any authority 

22 of the Attorney General or any Federal law enforce23 ment agency to investigate violations of Federal law 

24 or deploy personnel overseas. 

25 (b) RESPONSIBILITIES OF ATTORNEY GENERAL.— 


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1 (1) INVESTIGATION.—The Attorney General 

2 shall have principal authority for the enforcement of 

3 chapter 212A of title 18, United States Code (as so 

4 amended), and shall have the authority to initiate, 

5 conduct, and supervise investigations of any alleged 

6 offenses under such chapter. 

7 (2) LAW ENFORCEMENT AUTHORITY.—With re8 spect to violations of sections 3271 and 3272 of title 

9 18, United States Code (as so amended), the Attor10 ney General may authorize any person serving in a 

11 law enforcement position in any other department or 

12 agency of the Federal Government, including a 

13 member of the Diplomatic Security Service of the 

14 Department of State or a military police officer of 

15 the Armed Forces, to exercise investigative and law 

16 enforcement authority, including those powers that 

17 may be exercised under section 3052 of title 18, 

18 United States Code, subject to such guidelines or 

19 policies as the Attorney General considers appro20 priate for the exercise of such powers. 

21 (3) PROSECUTION.—The Attorney General may 

22 establish such procedures the Attorney General con23 siders appropriate to ensure that Federal law en24 forcement agencies refer offenses under section 3271 

25 or 3272 of title 18, United States Code (as so 


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1 amended), to the Attorney General for prosecution 

2 in a uniform and timely manner. 

3 (4) ASSISTANCE ON REQUEST OF ATTORNEY

4 GENERAL.—Notwithstanding any statute, rule, or 

5 regulation to the contrary, the Attorney General 

6 may request assistance from the Secretary of De7 fense, the Secretary of State, or the head of any 

8 other Executive agency to enforce section 3271 or 

9 3272 of title 18, United States Code (as so amend10 ed). The assistance requested may include the fol11 lowing: 

12 (A) The assignment of additional personnel 

13 and resources to carry out subsection (a). 

14 (B) An investigation into alleged mis15 conduct or arrest of an individual suspected of 

16 alleged misconduct by agents of the Diplomatic 

17 Security Service of the Department of State 

18 present in the nation in which the alleged mis19 conduct occurs. 

20 (5) ANNUAL REPORT.—Not later than one year 

21 after the date of the enactment of this Act, and an22 nually thereafter for five years, the Attorney General 

23 shall, in consultation with the Secretary of Defense 

24 and the Secretary of State, submit to Congress a re25 port containing the following: 


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1 (A) The number of prosecutions under 

2 chapter 212A of title 18, United States Code 

3 (as so amended), including the nature of the of4 fenses and any dispositions reached, during the 

5 previous year. 

6 (B) The actions taken to implement sub7 section (a)(1)(A), including the organization 

8 and training of personnel and the use of task 

9 forces, during the previous year. 

10 (C) Such recommendations for legislative 

11 or administrative action as the President con12 siders appropriate to enforce chapter 212A of 

13 title 18, United States Code (as so amended), 

14 and the provisions of this section. 

15 (c) EXECUTIVE AGENCY.—In this section, the term 

16 ‘‘Executive agency’’ has the meaning given that term in 

17 section 105 of title 5, United States Code. 

18 SEC. 4. OPTIONAL VENUE FOR OFFENSES INVOLVING FED19 ERAL EMPLOYEES AND CONTRACTORS OVER20 SEAS. 

21 (a) IN GENERAL.—Chapter 211 of title 18, United 

22 States Code, is amended by adding at the end the fol23 lowing: 


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1 ‘‘§ 3245. Optional venue for offenses involving Fed2 eral employees and contractors overseas 

3 ‘‘In addition to any venue otherwise provided by law, 

4 the trial of any offense involving a violation of section 

5 3271 or 3272 may be brought— 

6 ‘‘(1) in the district in which is headquartered 

7 the department or agency of the United States that 

8 employs the offender, or any one of two or more 

9 joint offenders, or 

10 ‘‘(2) in the district in which is headquartered 

11 the department or agency of the United States that 

12 the offender is accompanying, or that any one of two 

13 or more joint offenders is accompanying.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 211 of title 18, United States 

16 Code, is amended by adding at the end the following new 

17 item: 

‘‘3245. Optional venue for offenses involving Federal employees and contractors 

overseas.’’. 

18 SEC. 5. RUNNING OF STATUTE OF LIMITATIONS. 

19 (a) IN GENERAL.—Chapter 213 of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing: 


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1 ‘‘§ 3302. Special rule for violations of sections 3271 

2 and 3272 

3 ‘‘The statute of limitations for an offense involving 

4 a violation of section 3271 or 3272 shall be computed 

5 without regard to any time the alleged offender is outside 

6 the United States.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 213 of title 18, United States 

9 Code, is amended by adding at the end the following new 

10 item: 

‘‘3302. Special rule for violations of sections 3271 and 3272.’’. 

11 SEC. 6. EFFECTIVE DATE. 

12 (a) IMMEDIATE EFFECTIVENESS.—This Act and the 

13 amendments made by this Act shall take effect on the date 

14 of the enactment of this Act. 

15 (b) IMPLEMENTATION.—The Attorney General and 

16 the head of any other department or agency of the Federal 

17 Government to which this Act applies shall have 90 days 

18 after the date of the enactment of this Act to ensure com19 pliance with the provisions of this Act. 

20 SEC. 7. RULES OF CONSTRUCTION. 

21 Nothing in this Act or any amendment made by this 

22 Act shall be construed— 

23 (1) to limit or affect the application of 

24 extraterritorial jurisdiction related to any other Fed25 eral law; or 


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1 (2) to limit or affect any authority or responsi2 bility of a Chief of Mission as provided in section 

3 207 of the Foreign Service Act of 1980 (22 U.S.C. 

4 3927). 

5 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

6 For each of the fiscal years 2012 through 2017, there 

7 are authorized to be appropriated to the Attorney General 

8 such sums as are necessary to carry out this Act. 

Æ 


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