Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act

To amend title 18, United States Code, to further protect officers and employees of the United States, and for other purposes. 1. Short title This Act may be cited as the Jaime Zapata and Victor Avila Federal Law Enforcement Protection Act 2. Sense of Congress It is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply ex­tra­ter­ri­tor­i­al­ly to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; and (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially. 3. Protection of officers and employees of the United States Section 1114 of title 18, United States Code, is amended— (1) by inserting (a) In general Whoever (2) by adding at the end the following: (b) Extraterritorial jurisdiction There is extraterritorial jurisdiction over the conduct prohibited by this section. . 1. Short title This Act may be cited as the Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act 2. Sense of Congress It is the sense of Congress that— (1) since the founding of the Nation, officers and employees of the United States Government have dutifully and faithfully served the United States overseas, including in situations that place them at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States; (2) securing the safety of such officers and employees while serving overseas is of paramount importance and is also in furtherance of preserving, protecting, and defending the interests of the United States; (3) Federal courts, including the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Eleventh Circuit, have correctly interpreted section 1114 of title 18, United States Code, to apply extraterritorially to protect officers and employees of the United States while the officers and employees are serving abroad; (4) in a case involving a violent attack against Federal law enforcement officers Jaime Zapata and Victor Avila, a panel of a Federal court of appeals held that section 1114 of title 18, United States Code, does not apply extraterritorially, creating a split among the United States circuit courts of appeals; (5) in light of the opinion described in paragraph (4), it has become necessary for Congress to clarify the original intent that section 1114 of title 18, United States Code, applies extraterritorially; and (6) it is further appropriate to clarify the original intent that sections 111 and 115 of title 18, United States Code, apply extraterritorially as well. 3. Protection of officers and employees of the United States Part I of title 18, United States Code, is amended— (1) in section 111, by adding at the end the following: (c) Extraterritorial jurisdiction There is extraterritorial jurisdiction over the conduct prohibited by this section. ; (2) in section 115, by adding at the end the following: (e) There is extraterritorial jurisdiction over the conduct prohibited by this section. ; and (3) in section 1114— (A) by inserting (a) In general Whoever (B) by adding at the end the following: (b) Extraterritorial jurisdiction There is extraterritorial jurisdiction over the conduct prohibited by this section. . May 20, 2021 Reported with an amendment

Summary: Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act This bill explicitly grants extraterritorial jurisdiction over the following criminal offenses: killing (or attempting to kill) a federal officer or employee; assaulting, kidnapping, or murdering (or threatening to do so, or attempting to kidnap or murder) a family member of certain federal officials to retaliate against or to impede, intimidate, or interfere with the federal official; threatening to assault, kidnap, or murder certain federal officials to retaliate against or to impede, intimidate, or interfere with the federal official; and assaulting, resisting, or impeding certain officers or employees. The United States may prosecute such conduct that occurs outside the United States.