Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act
Bill: S.921 | Sponsor: Sen. Cornyn, John (R-TX)
Policy area: Crime and Law Enforcement

Summary:
Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act
This bill explicitly grants extraterritorial jurisdiction over the following criminal offenses:
The United States may prosecute such conduct that occurs outside the United States.

[117th Congress Public Law 59]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 1468]]

Public Law 117-59
117th Congress

                                 An Act


 
 To amend title 18, United States Code, to further protect officers and 
employees of the United States, and for other purposes. <<NOTE: Nov. 18, 
                           2021 -  [S. 921]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Jaime Zapata and 
Victor Avila Federal Officers and Employees Protection Act. 18 USC 1 
note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jaime Zapata and Victor Avila Federal 
Officers and Employees Protection Act''.
SEC. 2. <<NOTE: 18 USC 1114 note.>>  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.

[[Page 135 STAT. 1469]]

SEC. 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.--'' before 
                ``Whoever''; and
                    (B) by adding at the end the following:

    ``(b) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over the conduct prohibited by this section.''.

    Approved November 18, 2021.

LEGISLATIVE HISTORY--S. 921:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 167 (2021):
            May 28, considered and passed Senate.
            Oct. 27, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
            Nov. 18, Presidential remarks.

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