I 

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. 

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 Extraterritori5 al Jurisdiction Act of 2016’’ or the ‘‘CEJA’’. 


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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.— 

6 (1) IN GENERAL.—Chapter 212A of title 18, 

7 United States Code, is amended— 

8 (A) by transferring the text of section 

9 3272 to the end of section 3271, redesignating 

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

11 in such text, as so redesignated, by striking 

12 ‘‘this chapter’’ and inserting ‘‘this section’’; 

13 (B) by striking the heading of section 

14 3272; and 

15 (C) by adding after section 3271, as 

16 amended by this paragraph, the following new 

17 sections: 

18 ‘‘§ 3272. Offenses committed by Federal contractors 

19 and employees outside the United States 

20 ‘‘(a)(1) Whoever, while employed by any department 

21 or agency of the United States other than the Department 

22 of Defense or accompanying any department or agency of 

23 the United States other than the Department of Defense, 

24 knowingly engages in conduct (or conspires or attempts 

25 to engage in conduct) outside the United States that 

26 would constitute an offense enumerated in paragraph (3) 


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1 had the conduct been engaged in within the special mari2 time and territorial jurisdiction of the United States shall 

3 be punished as provided for that offense. 

4 ‘‘(2) A prosecution may not be commenced against 

5 a person under this subsection if a foreign government, 

6 in accordance with jurisdiction recognized by the United 

7 States, has prosecuted or is prosecuting such person for 

8 the conduct constituting the offense, except upon the ap9 proval of the Attorney General or the Deputy Attorney 

10 General (or a person acting in either such capacity), which 

11 function of approval may not be delegated. 

12 ‘‘(3) The offenses covered by paragraph (1) are the 

13 following: 

14 ‘‘(A) Any offense under chapter 5 (arson) of 

15 this title. 

16 ‘‘(B) Any offense under section 111 (assaulting, 

17 resisting, or impeding certain officers or employees), 

18 113 (assault within maritime and territorial jurisdic19 tion), or 114 (maiming within maritime and terri20 torial jurisdiction) of this title, but only if the of21 fense is subject to a maximum sentence of imprison22 ment of one year or more. 

23 ‘‘(C) Any offense under section 201 (bribery of 

24 public officials and witnesses) of this title. 


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1 ‘‘(D) Any offense under section 499 (military, 

2 naval, or official passes) of this title. 

3 ‘‘(E) Any offense under section 701 (official 

4 badges, identifications cards, and other insignia), 

5 702 (uniform of armed forces and Public Health 

6 Service), 703 (uniform of friendly nation), or 704 

7 (military medals or decorations) of this title. 

8 ‘‘(F) Any offense under chapter 41 (extortion 

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

10 subject to a maximum sentence of imprisonment of 

11 three years or more. 

12 ‘‘(G) Any offense under chapter 42 (extor13 tionate credit transactions) of this title. 

14 ‘‘(H) Any offense under section 924(c) (use of 

15 firearm in violent or drug trafficking crime) or 

16 924(o) (conspiracy to violate section 924(c)) of this 

17 title. 

18 ‘‘(I) Any offense under chapter 50A (genocide) 

19 of this title. 

20 ‘‘(J) Any offense under section 1111 (murder), 

21 1112 (manslaughter), 1113 (attempt to commit 

22 murder or manslaughter), 1114 (protection of offi23 cers and employees of the United States), 1116 

24 (murder or manslaughter of foreign officials, official 

25 guests, or internationally protected persons), 1117 


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

2 murder of United States nationals) of this title. 

3 ‘‘(K) Any offense under chapter 55 (kidnap4 ping) of this title. 

5 ‘‘(L) Any offense under section 1503 (influ6 encing or injuring officer or juror generally), 1505 

7 (obstruction of proceedings before departments, 

8 agencies, and committees), 1510 (obstruction of 

9 criminal investigations), 1512 (tampering with a wit10 ness, victim, or informant), or 1513 (retaliating 

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

12 title. 

13 ‘‘(M) Any offense under section 1951 (inter14 ference with commerce by threats or violence), 1952 

15 (interstate and foreign travel or transportation in 

16 aid of racketeering enterprises), 1956 (laundering of 

17 monetary instruments), 1957 (engaging in monetary 

18 transactions in property derived from specified un19 lawful activity), 1958 (use of interstate commerce 

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

21 1959 (violent crimes in aid of racketeering activity) 

22 of this title. 

23 ‘‘(N) Any offense under section 2111 (robbery 

24 or burglary within special maritime and territorial 

25 jurisdiction) of this title. 


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1 ‘‘(O) Any offense under chapter 109A (sexual 

2 abuse) of this title. 

3 ‘‘(P) Any offense under chapter 113B (ter4 rorism) of this title. 

5 ‘‘(Q) Any offense under chapter 113C (torture) 

6 of this title. 

7 ‘‘(R) Any offense under chapter 115 (treason, 

8 sedition, and subversive activities) of this title. 

9 ‘‘(S) Any offense under section 2442 (child sol10 diers) of this title. 

11 ‘‘(T) Any offense under section 401 (manufac12 ture, distribution, or possession with intent to dis13 tribute a controlled substance) or 408 (continuing 

14 criminal enterprise) of the Controlled Substances 

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

16 (importation of controlled substances), 1003 (expor17 tation of controlled substances), or 1010 (import or 

18 export of a controlled substance) of the Controlled 

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

20 953, 960), but only if the offense is subject to a 

21 maximum sentence of imprisonment of 20 years or 

22 more. 

23 ‘‘(b) In addition to the jurisdiction under subsection 

24 (a), whoever, while employed by any department or agency 

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1 fense and stationed or deployed in a country outside of 

2 the United States pursuant to a treaty or executive agree3 ment in furtherance of a border security initiative with 

4 that country, engages in conduct (or conspires or attempts 

5 to engage in conduct) outside the United States that 

6 would constitute an offense for which a person may be 

7 prosecuted in a court of the United States had the conduct 

8 been engaged in within the special maritime and territorial 

9 jurisdiction of the United States shall be punished as pro10 vided for that offense. 

11 ‘‘(c) In this section: 

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

13 agency of the United States other than the Depart14 ment of Defense’ means— 

15 ‘‘(A) being employed as a civilian em16 ployee, a contractor (including a subcontractor 

17 at any tier), an employee of a contractor (or a 

18 subcontractor at any tier), a grantee (including 

19 a contractor of a grantee or a subgrantee or 

20 subcontractor at any tier), or an employee of a 

21 grantee (or a contractor of a grantee or a sub22 grantee or subcontractor at any tier) of any de23 partment or agency of the United States other 

24 than the Department of Defense; 


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1 ‘‘(B) being present or residing outside the 

2 United States in connection with such employ3 ment; 

4 ‘‘(C) not being a national of or ordinarily 

5 resident in the host nation; and 

6 ‘‘(D) in the case of such a contractor, con7 tractor employee, grantee, or grantee employee, 

8 that such employment supports a program, 

9 project, or activity for a department or agency 

10 of the United States. 

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

12 or agency of the United States other than the De13 partment of Defense’ means— 

14 ‘‘(A) being a dependant, family member, or 

15 member of household of— 

16 ‘‘(i) a civilian employee of any depart17 ment or agency of the United States other 

18 than the Department of Defense; or 

19 ‘‘(ii) a contractor (including a subcon20 tractor at any tier), an employee of a con21 tractor (or a subcontractor at any tier), a 

22 grantee (including a contractor of a grant23 ee or a subgrantee or subcontractor at any 

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

25 contractor of a grantee or a subgrantee or 


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1 subcontractor at any tier) of any depart2 ment or agency of the United States other 

3 than the Department of Defense, which 

4 contractor, contractor employee, grantee, 

5 or grantee employee is supporting a pro6 gram, project, or activity for a department 

7 or agency of the United States other than 

8 the Department of Defense; 

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

10 contractor, contractor employee, grantee, or 

11 grantee employee outside the United States; 

12 and 

13 ‘‘(C) not being a national of or ordinarily 

14 resident in the host nation. 

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

16 instrument described in section 6304 or 6305 of title 

17 31, other than an agreement between the United 

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

19 an international organization. 

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

21 than the United States, to a grant agreement. 

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

23 outside of the United States where the employee or 

24 contractor resides, the country where the employee 


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1 or contractor commits the alleged offense at issue, 

2 or both. 

3 ‘‘§ 3273. Regulations 

4 ‘‘The Attorney General, after consultation with the 

5 Secretary of Defense, the Secretary of State, the Secretary 

6 of Homeland Security, and the Director of National Intel7 ligence, shall prescribe regulations governing the inves8 tigation, apprehension, detention, delivery, and removal of 

9 persons described in sections 3271 and 3272 of this title.’’. 

10 (2) CONFORMING AMENDMENT.—Subparagraph 

11 (A) of section 3267(1) of title 18, United States 

12 Code, is amended to read as follows: 

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

14 contractor (including a subcontractor at any 

15 tier), or an employee of a contractor (or a sub16 contractor at any tier) of the Department of 

17 Defense (including a nonappropriated fund in18 strumentality of the Department);’’. 

19 (b) VENUE.—Chapter 211 of title 18, United States 

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

21 section: 


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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 in this 

4 chapter, the trial of any offense involving a violation of 

5 section 3261, 3271, or 3272 of this title 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 1 of 2 or more joint 

9 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 1 of 2 or 

13 more joint offenders is accompanying.’’. 

14 (c) SUSPENSION OF STATUTE OF LIMITATIONS.— 

15 Chapter 213 of title 18, United States Code, is amended 

16 by inserting after section 3287 the following new section: 

17 ‘‘§ 3287A. Suspension of limitations for offenses in18 volving Federal employees and contrac19 tors overseas 

20 ‘‘The statute of limitations for an offense under sec21 tion 3272 of this title shall be suspended for the period 

22 during which the person is outside the United States or 

23 is a fugitive from justice within the meaning of section 

24 3290 of this title.’’. 

25 (d) TECHNICAL AMENDMENTS.— 


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1 (1) HEADING AMENDMENT.—The heading of 

2 chapter 212A of title 18, United States Code, is 

3 amended to read as follows: 

4 ‘‘CHAPTER 212A—EXTRATERRITORIAL JU5 RISDICTION OVER OFFENSES OF CON6 TRACTORS AND CIVILIAN EMPLOYEES 

7 OF THE FEDERAL GOVERNMENT’’. 

8 (2) TABLES OF SECTIONS.—(A) The table of 

9 sections for chapter 211 of title 18, United States 

10 Code, is amended by adding at the end the following 

11 new item: 

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

overseas.’’. 

12 (B) The table of sections for chapter 212A of 

13 title 18, United States Code, is amended by striking 

14 the item relating to section 3272 and inserting the 

15 following new items: 

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

United States. 

‘‘3273. Regulations.’’. 

16 (C) The table of sections for chapter 213 of 

17 title 18, United States Code, is amended by insert18 ing after the item relating to section 3287 the fol19 lowing new item: 

‘‘3287A. Suspension of limitations for offenses involving Federal employees and 

contractors overseas.’’. 

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

21 to chapter 212A in the table of chapters for part II 


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1 of title 18, United States Code, is amended to read 

2 as follows: 

‘‘212A. Extraterritorial Jurisdiction Over Offenses of 

Contractors and Civilian Employees of the 

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

3 SEC. 3. INVESTIGATIVE TASK FORCES FOR CONTRACTOR 

4 AND EMPLOYEE OVERSIGHT. 

5 (a) ESTABLISHMENT OF INVESTIGATIVE TASK

6 FORCES FOR CONTRACTOR AND EMPLOYEE OVER7 SIGHT.—The Attorney General, in consultation with the 

8 Secretary of Defense, the Secretary of State, the Secretary 

9 of Homeland Security, and the head of any other depart10 ment or agency of the Federal Government responsible for 

11 employing contractors or persons overseas, shall assign 

12 adequate personnel and resources, including through the 

13 creation of task forces, to investigate allegations of crimi14 nal offenses under chapter 212A of title 18, United States 

15 Code (as amended by section 2(a) of this Act), and may 

16 authorize the overseas deployment of law enforcement 

17 agents and other employees of the Federal Government 

18 for that purpose. 

19 (b) RESPONSIBILITIES OF ATTORNEY GENERAL.— 

20 (1) INVESTIGATION.—The Attorney General 

21 shall have principal authority for the enforcement of 

22 this Act and the amendments made by this Act, and 

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1 pervise investigations of any alleged offense under 

2 this Act or an amendment made by this Act. 

3 (2) LAW ENFORCEMENT AUTHORITY.—With re4 spect to violations of sections 3271 and 3272 of title 

5 18, United States Code (as amended by section 2(a) 

6 of this Act), the Attorney General may authorize 

7 any person serving in a law enforcement position in 

8 any other department or agency of the Federal Gov9 ernment, including a member of the Diplomatic Se10 curity Service of the Department of State or a mili11 tary police officer of the Armed Forces, to exercise 

12 investigative and law enforcement authority, includ13 ing those powers that may be exercised under sec14 tion 3052 of title 18, United States Code, subject to 

15 such guidelines or policies as the Attorney General 

16 considers appropriate for the exercise of such pow17 ers. 

18 (3) PROSECUTION.—The Attorney General may 

19 establish such procedures the Attorney General con20 siders appropriate to ensure that Federal law en21 forcement agencies refer offenses under section 3271 

22 or 3272 of title 18, United States Code (as amended 

23 by section 2(a) of this Act), to the Attorney General 

24 for prosecution in a uniform and timely manner. 


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1 (4) ASSISTANCE ON REQUEST OF ATTORNEY

2 GENERAL.—Notwithstanding any statute, rule, or 

3 regulation to the contrary, the Attorney General 

4 may request assistance from the Secretary of De5 fense, the Secretary of State, or the head of any 

6 other department or agency of the Federal Govern7 ment to enforce section 3271 or 3272 of title 18, 

8 United States Code (as so amended). The assistance 

9 requested may include the following: 

10 (A) The assignment of additional employ11 ees and resources to task forces established by 

12 the Attorney General under subsection (a). 

13 (B) An investigation into alleged mis14 conduct or arrest of an individual suspected of 

15 alleged misconduct by agents of the Diplomatic 

16 Security Service of the Department of State 

17 present in the nation in which the alleged mis18 conduct occurs. 

19 (5) ANNUAL REPORT.—Not later than 1 year 

20 after the date of enactment of this Act, and annually 

21 thereafter for 5 years, the Attorney General shall, in 

22 consultation with the Secretary of Defense, the Sec23 retary of State, and the Secretary of Homeland Se24 curity, submit to Congress a report containing the 

25 following: 


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1 (A) The number of prosecutions under 

2 chapter 212A of title 18, United States Code 

3 (as amended by section 2(a) of this Act), in4 cluding the nature of the offenses and any dis5 positions reached, during the previous year. 

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

8 training of employees 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 amended by 

14 section 2(a) of this Act), and the provisions of 

15 this section. 

16 (c) DEFINITIONS.—In this section, the terms ‘‘agen17 cy’’ and ‘‘department’’ have the meanings given such 

18 terms in section 6 of title 18, United States Code. 

19 (d) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to limit any authority of the Attor21 ney General or any Federal law enforcement agency to in22 vestigate violations of Federal law or deploy employees 

23 overseas. 


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1 SEC. 4. EFFECTIVE DATE. 

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

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

4 of enactment of this Act. 

5 (b) IMPLEMENTATION.—The Attorney General and 

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

7 Government to which this Act or an amendment made by 

8 this Act applies shall have 90 days after the date of enact9 ment of this Act to ensure compliance with this Act and 

10 the amendments made by this Act. 

11 SEC. 5. RULES OF CONSTRUCTION. 

12 (a) IN GENERAL.—Nothing in this Act or any 

13 amendment made by this Act shall be construed— 

14 (1) to limit or affect the application of extrater15 ritorial jurisdiction related to any other Federal law; 

16 or 

17 (2) to limit or affect any authority or responsi18 bility of a Chief of Mission as provided in section 

19 207 of the Foreign Service Act of 1980 (22 U.S.C. 

20 3927). 

21 (b) INTELLIGENCE ACTIVITIES.—Nothing in this Act 

22 or any amendment made by this Act shall apply to the 

23 authorized intelligence activities of the United States Gov24 ernment. 


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1 SEC. 6. FUNDING. 

2 If any amounts are appropriated to carry out this Act 

3 or an amendment made by this Act, the amounts shall 

4 be from amounts which would have otherwise been made 

5 available or appropriated to the Department of Justice. 

Æ 


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