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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This 
Act 
may 
be 
cited 
as 
the 
‘‘Civilian 
Extraterritorial Jurisdiction Act (CEJA) of 2011’’. 
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SEC. 2. CLARIFICATION AND EXPANSION OF FEDERAL JU-
RISDICTION OVER FEDERAL CONTRACTORS 
AND EMPLOYEES. 
(a) EXTRATERRITORIAL JURISDICTION OVER FED-
ERAL CONTRACTORS AND EMPLOYEES.—Chapter 212A of 
title 18, United States Code, is amended— 
(1) by transferring the text of section 3272 to 
the end of section 3271, redesignating such text as 
subsection (c) of section 3271, and, in such text, as 
so redesignated, by striking ‘‘this chapter’’ and in-
serting ‘‘this section’’; 
(2) by striking the heading of section 3272; and 
(3) by adding after section 3271, as amended 
by this subsection, the following new sections: 
‘‘§ 3272. Offenses committed by Federal contractors 
and employees outside the United States 
‘‘(a) Whoever, while employed by or accompanying 
any department or agency of the United States other than 
the Department of Defense, knowingly engages in conduct 
(or conspires or attempts to engage in conduct) outside 
the United States that would constitute an offense enu-
merated in subsection (c) had the conduct been engaged 
in within the United States or within the special maritime 
and territorial jurisdiction of the United States shall be 
punished as provided for that offense. 
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‘‘(b) No prosecution for an offense may be com-
menced against a person under this section if a foreign 
government, in accordance with jurisdiction recognized by 
the United States, has prosecuted or is prosecuting such 
person for the conduct constituting the offense, except 
upon the approval of the Attorney General or the Deputy 
Attorney General (or a person acting in either such capac-
ity), which function of approval may not be delegated. 
‘‘(c) The offenses covered by subsection (a) are the 
following: 
‘‘(1) Any offense under chapter 5 (arson) of 
this title. 
‘‘(2) Any offense under section 111 (assaulting, 
resisting, or impeding certain officers or employees), 
113 (assault within maritime and territorial jurisdic-
tion), or 114 (maiming within maritime and terri-
torial jurisdiction) of this title, but only if the of-
fense is subject to a maximum sentence of imprison-
ment of one year or more. 
‘‘(3) Any offense under section 201 (bribery of 
public officials and witnesses) of this title. 
‘‘(4) Any offense under section 499 (military, 
naval, or official passes) of this title. 
‘‘(5) Any offense under section 701 (official 
badges, identification cards, and other insignia), 702 
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‘‘(17) Any offense under chapter 113C (torture) 
of this title. 
‘‘(18) Any offense under chapter 115 (treason, 
sedition, and subversive activities) of this title. 
‘‘(19) Any offense under section 2442 (child 
soldiers) of this title. 
‘‘(20) Any offense under section 401 (manufac-
ture, distribution, or possession with intent to dis-
tribute a controlled substance) or 408 (continuing 
criminal enterprise) of the Controlled Substances 
Act (21 U.S.C. 841, 848), or under section 1002 
(importation of controlled substances), 1003 (expor-
tation of controlled substances), or 1010 (import or 
export of a controlled substance) of the Controlled 
Substances Import and Export Act (21 U.S.C. 952, 
953, 960), but only if the offense is subject to a 
maximum sentence of imprisonment of 20 years or 
more. 
‘‘(d)(1) This section does not apply with respect to 
an authorized intelligence activity that is— 
‘‘(A) carried out by or on behalf of the intel-
ligence community; and 
‘‘(B) conducted in accordance with the United 
States laws, authorities, and regulations applicable 
to that activity. 
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‘‘(2) This subsection shall not be construed to provide 
immunity or a defense to an individual solely because that 
individual is working for or on behalf of the intelligence 
community. 
‘‘(3) In this subsection the term ‘intelligence commu-
nity’ has the meaning given that term in section 3 of the 
National Security Act of 1947 (50 U.S.C. 401a). 
‘‘(e) In this section: 
‘‘(1) The term ‘employed by any department or 
agency of the United States other than the Depart-
ment of Defense’ means— 
‘‘(A) employed as a civilian employee, a 
contractor (including a subcontractor at any 
tier), an employee of a contractor (or a subcon-
tractor at any tier), a grantee (including a con-
tractor of a grantee or a subgrantee or subcon-
tractor at any tier), or an employee of a grantee 
(or a contractor of a grantee or a subgrantee or 
subcontractor at any tier) of any department or 
agency of the United States other than the De-
partment of Defense; 
‘‘(B) present or residing outside the 
United States in connection with such employ-
ment; 
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‘‘(C) in the case of such a contractor, con-
tractor employee, grantee, or grantee employee, 
such employment supports a program, project, 
or activity for a department or agency of the 
United States; and 
‘‘(D) not a national of or ordinarily resi-
dent in the host nation. 
‘‘(2) The term ‘accompanying any department 
or agency of the United States other than the De-
partment of Defense’ means— 
‘‘(A) a dependant, family member, or 
member of household of— 
‘‘(i) a civilian employee of any depart-
ment or agency of the United States other 
than the Department of Defense; or 
‘‘(ii) a contractor (including a subcon-
tractor at any tier), an employee of a con-
tractor (or a subcontractor at any tier), a 
grantee (including a contractor of a grant-
ee or a subgrantee or subcontractor at any 
tier), or an employee of a grantee (or a 
contractor of a grantee or a subgrantee or 
subcontractor at any tier) of any depart-
ment or agency of the United States other 
than the Department of Defense, which 
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contractor, contractor employee, grantee, 
or grantee employee is supporting a pro-
gram, project, or activity for a department 
or agency of the United States other than 
the Department of Defense; 
‘‘(B) residing with such civilian employee, 
contractor, contractor employee, grantee, or 
grantee employee outside the United States; 
and 
‘‘(C) not a national of or ordinarily resi-
dent in the host nation. 
‘‘(3) The term ‘grant agreement’ means a legal 
instrument described in section 6304 or 6305 of title 
31, other than an agreement between the United 
States and a State, local, or foreign government or 
an international organization. 
‘‘(4) The term ‘grantee’ means a party, other 
than the United States, to a grant agreement. 
‘‘(5) The term ‘host nation’ means the country 
outside of the United States where the employee or 
contractor resides, the country where the employee 
or contractor commits the alleged offense at issue, 
or both. 
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‘‘§ 3273. Regulations 
‘‘The Attorney General, after consultation with the 
Secretary of Defense, the Secretary of State, and the Di-
rector of National Intelligence, shall prescribe regulations 
governing the investigation, apprehension, detention, de-
livery, and removal of persons described in sections 3271 
and 3272 of this title.’’. 
(b) CONFORMING AMENDMENT.—Subparagraph (A) 
of section 3267(1) of such title is amended to read as fol-
lows: 
‘‘(A) employed as a civilian employee, a 
contractor (including a subcontractor at any 
tier), or an employee of a contractor (or a sub-
contractor at any tier) of the Department of 
Defense (including a nonappropriated fund in-
strumentality of the Department);’’. 
(c) CLERICAL AMENDMENTS.— 
(1) HEADING
AMENDMENT.—The heading of 
chapter 212A of such title is amended to read as fol-
lows: 
‘‘CHAPTER 212A—EXTRATERRITORIAL JU-
RISDICTION OVER OFFENSES OF CON-
TRACTORS AND CIVILIAN EMPLOYEES 
OF THE FEDERAL GOVERNMENT’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 212A of title 18, United 
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States Code, is amended by striking the item relat-
ing to section 3272 and inserting the following new 
items: 
‘‘3272. Offenses committed by Federal contractors and employees outside the 
United States. 
‘‘3273. Regulations.’’. 
(3) TABLE OF CHAPTERS.—The item relating 
to chapter 212A in the table of chapters at the be-
ginning of part II of such title is amended to read 
as follows: 
‘‘212A. Extraterritorial Jurisdiction Over Offenses of 
Contractors and Civilian Employees of the 
Federal Government ............................................ 3271’’. 
SEC. 3. INVESTIGATION AND OVERSIGHT OF CONTRACTORS 
AND EMPLOYEES. 
(a) GENERALLY.— 
(1) IN
GENERAL.—The Attorney General, in 
consultation with the Secretary of Defense, the Sec-
retary of State, the Secretary of Homeland Security, 
and the heads of any other departments or agencies 
of the Federal Government responsible for employing 
contractors or persons overseas— 
(A) shall assign adequate personnel and re-
sources, including through the creation of task 
forces, to investigate allegations of criminal of-
fenses under chapter 212A of title 18, United 
States Code (as amended by section 2(a) of this 
Act), and may authorize the overseas deploy-
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