II 

111TH CONGRESS 

2D SESSION S. 2979 

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 SENATE OF THE UNITED STATES 

FEBRUARY 2, 2010 

Mr. LEAHY (for himself and Mr. KAUFMAN) introduced the following bill; 

which was read twice and 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. 

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 2010’’. 


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1 SEC. 2. ACCOUNTABILITY FOR CRIMINAL ACTS OF FED2 ERAL CONTRACTORS AND EMPLOYEES OUT3 SIDE THE UNITED STATES. 

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 Armed Forces, knowingly engages in conduct (or con20 spires or attempts to engage in conduct) outside the 

21 United States that would constitute an offense enumer22 ated in subsection (c) had the conduct been engaged in 

23 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, identifications cards, and other insignia), 


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1 702 (uniform of armed forces and Public Health 

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

3 (military 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 chapter 118 (war 

6 crimes) 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) In this section: 

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

21 agency of the United States other than the Armed 

22 Forces’ means— 

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

24 contractor (including a subcontractor at any 

25 tier), an employee of a contractor (or a subconVerDate Nov 24 2008 02:34 Feb 03, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2979.IS S2979

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1 tractor at any tier), a grantee (including a con2 tractor of a grantee or a subgrantee or subcon3 tractor at any tier), or an employee of a grantee 

4 (or a contractor of a grantee or a subgrantee or 

5 subcontractor at any tier) of any department or 

6 agency of the United States other than the 

7 Armed Forces; 

8 ‘‘(B) present or residing outside the 

9 United States in connection with such employ10 ment; 

11 ‘‘(C) in the case of such a contractor, con12 tractor employee, grantee, or grantee employee, 

13 such employment supports a program, project, 

14 or activity for a department or agency of the 

15 United States other than the Armed Forces; 

16 and 

17 ‘‘(D) not a national of or ordinarily resi18 dent in the host nation. 

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

20 or agency of the United States other than the 

21 Armed Forces’ means— 

22 ‘‘(A) a dependant of— 

23 ‘‘(i) a civilian employee of any depart24 ment or agency of the United States other 

25 than the Armed Forces; or 


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1 ‘‘(ii) a contractor (including a subcon2 tractor at any tier), an employee of a con3 tractor (or a subcontractor at any tier), a 

4 grantee (including a contractor of a grant5 ee or a subgrantee or subcontractor at any 

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

7 contractor of a grantee or a subgrantee or 

8 subcontractor at any tier) of any depart9 ment or agency of the United States other 

10 than the Armed Forces, which contractor, 

11 contractor employee, grantee, or grantee 

12 employee is supporting a program, project, 

13 or activity for a department or agency of 

14 the United States other than the Armed 

15 Forces; 

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

17 contractor, contractor employee, grantee, or 

18 grantee employee outside the United States; 

19 and 

20 ‘‘(C) not a national of or ordinarily resi21 dent in the host nation. 

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

23 instrument described in section 6304 or 6305 of title 

24 31, other than an agreement between the United 


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

2 an international organization. 

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

4 than the United States, to a grant agreement. 

5 ‘‘(5) The term ‘Armed Forces’ has the meaning 

6 given the term ‘armed forces’ in section 101(a)(4) of 

7 title 10. 

8 ‘‘§ 3273. Regulations 

9 ‘‘The Attorney General, after consultation with the 

10 Secretary of Defense, the Secretary of State, and the Di11 rector of National Intelligence, shall prescribe regulations 

12 governing the investigation, apprehension, detention, de13 livery, and removal of persons described in sections 3271 

14 and 3272 of this title.’’. 

15 (b) CONFORMING AMENDMENT.—The heading of 

16 chapter 212A of such title is amended to read as follows: 

17 ‘‘CHAPTER 212A—EXTRATERRITORIAL JU18 RISDICTION OVER OFFENSES OF CON19 TRACTORS AND CIVILIAN EMPLOYEES 

20 OF THE FEDERAL GOVERNMENT’’. 

21 (c) CLERICAL AMENDMENTS.— 

22 (1) TABLE OF SECTIONS.—The table of sections 

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

24 States Code, is amended by striking the item relatVerDate Nov 24 2008 02:34 Feb 03, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2979.IS S2979

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1 ing to section 3272 and inserting the following new 

2 items: 

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

United States. 

‘‘3273. Regulations.’’. 

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

4 to chapter 212A in the table of chapters at the be5 ginning of part II of such title is amended to read 

6 as follows: 

‘‘212A. Extraterritorial Jurisdiction Over Offenses of 

Contractors and Civilian Employees of the 

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

7 SEC. 3. INVESTIGATIVE UNITS FOR CONTRACTOR AND EM8 PLOYEE OVERSIGHT. 

9 (a) ESTABLISHMENT OF INVESTIGATIVE UNITS FOR

10 CONTRACTOR AND EMPLOYEE OVERSIGHT.— 

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 through the creation of units (to be 

19 known as ‘‘Investigative Units for Contractor 

20 and Employee Oversight’’) to investigate allega21 tions of criminal offenses under chapter 212A 

22 of title 18, United States Code (as amended by 


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1 section 2(a) of this Act), and may authorize the 

2 overseas deployment of law enforcement agents 

3 and other government personnel for that pur4 pose; and 

5 (B) shall include in the regulations pre6 scribed under section 3273 of title 18, United 

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

8 Act), provisions setting forth responsibility for 

9 the investigation of any incident in which— 

10 (i) a weapon is allegedly discharged 

11 unlawfully by a person, while employed by 

12 or accompanying any department or agen13 cy of the United States other than the 

14 Armed Forces; or 

15 (ii) a person or persons are killed or 

16 seriously injured, or property valued great17 er than $10,000 is destroyed, as a result 

18 of conduct by a person, while employed by 

19 or accompanying any department or agen20 cy of the United States other than the 

21 Armed Forces. 

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

23 subsection shall be construed to limit any authority 

24 of the Attorney General or any Federal law enforceVerDate Nov 24 2008 02:34 Feb 03, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2979.IS S2979

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1 ment agency to investigate violations of Federal law 

2 or deploy personnel overseas. 

3 (b) RESPONSIBILITIES OF ATTORNEY GENERAL.— 

4 (1) INVESTIGATION.—The Attorney General 

5 shall have principal authority for the enforcement of 

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

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

8 conduct, and supervise investigations of any alleged 

9 offenses under such chapter. 

10 (2) ARREST.—The Attorney General may des11 ignate and authorize any person serving in a law en12 forcement position in the Department of Justice or 

13 any person serving in a law enforcement position in 

14 any other department or agency of the Federal Gov15 ernment, including a member of the Diplomatic Se16 curity Service of the Department of State or a mili17 tary police officer of the Armed Forces, to arrest 

18 outside the United States, in accordance with appli19 cable international treaties, any person described in 

20 section 3271 or 3272 of title 18, United States Code 

21 (as so amended), if there is probable cause to believe 

22 such person committed an offense or offenses in 

23 such section 3271 or 3272. 

24 (3) PROSECUTION.—The Attorney General may 

25 establish such procedures the Attorney General conVerDate Nov 24 2008 02:34 Feb 03, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2979.IS S2979

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1 siders appropriate to ensure that Federal law en2 forcement agencies refer offenses under section 3271 

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

4 amended), to the Attorney General for prosecution 

5 in a uniform and timely manner. 

6 (4) ASSISTANCE ON REQUEST OF ATTORNEY

7 GENERAL.—Notwithstanding any statute, rule, or 

8 regulation to the contrary, the Attorney General 

9 may request assistance from the Secretary of De10 fense, the Secretary of State, or the head of any 

11 other Executive agency to enforce section 3271 or 

12 3272 of title 18, United States Code (as so amend13 ed). The assistance requested may include the fol14 lowing: 

15 (A) The assignment of additional personnel 

16 and resources to an Investigative Unit for Con17 tractor and Employee Oversight established by 

18 the Attorney General under subsection (a). 

19 (B) An investigation into alleged mis20 conduct or arrest of an individual suspected of 

21 alleged misconduct by agents of the Diplomatic 

22 Security Service of the Department of State 

23 present in the nation in which the alleged mis24 conduct occurs. 


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

2 after the date of the enactment of this Act, and an3 nually thereafter for five years, the Attorney General 

4 shall, in consultation with the Secretary of Defense 

5 and the Secretary of State, submit to Congress a re6 port containing the following: 

7 (A) The number of offenses under chapter 

8 212A of title 18, United States Code (as so 

9 amended), received, investigated, and referred 

10 for prosecution by Federal law enforcement au11 thorities during the previous year. 

12 (B) The number of prosecutions under 

13 chapter 212A of title 18, United States Code 

14 (as so amended), including the nature of the of15 fenses and any dispositions reached, during the 

16 previous year. 

17 (C) The number, location, and any deploy18 ments of Investigative Units for Contractor and 

19 Employee Oversight to investigate offenses 

20 under chapter 212A of title 18, United States 

21 Code (as so amended), during the previous 

22 year. 

23 (D) Such recommendations for legislative 

24 or administrative action as the Attorney Gen25 eral considers appropriate to enforce chapter 


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1 212A of title 18, United States Code (as so 

2 amended), and the provisions of this section. 

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

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

5 section 105 of title 5, United States Code. 

6 SEC. 4. EFFECTIVE DATE. 

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

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

9 of the enactment of this Act. 

10 (b) IMPLEMENTATION.—The Attorney General and 

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

12 Government to which this Act applies shall have 90 days 

13 after the date of the enactment of this Act to ensure com14 pliance with the provisions of this Act. 

15 SEC. 5. RULE OF CONSTRUCTION. 

16 Nothing in this Act or any amendment made by this 

17 Act shall be construed to limit or affect the application 

18 of extraterritorial jurisdiction related to any other Federal 

19 law. 

20 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

21 For each of the fiscal years 2010 through 2015, there 

22 are authorized to be appropriated to the Attorney General 

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

Æ 


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