[Congressional Record Volume 160, Number 109 (Monday, July 14, 2014)]
[Senate]
[Pages S4456-S4458]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
______
By Mr. LEAHY (for himself, Mr. Schumer, Mr. Blumenthal, Mr.
Durbin, Mrs. McCaskill, Mrs. Shaheen, Mr. Sanders, Mr.
Whitehouse, and Mr. Heinrich):
S. 2598. 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; to the
Committee on the Judiciary.
Mr. LEAHY. Mr. President, today, I reintroduce the Civilian
Extraterritorial Jurisdiction Act, CEJA. The United States has huge
numbers of Government employees and contractors working overseas, but
the legal framework governing them is unclear and outdated. To promote
accountability, Congress must make sure that our criminal laws reach
serious misconduct by U.S. government employees and contractors
wherever they act. The Civilian Extraterritorial Jurisdiction Act
accomplishes this important and common sense goal by allowing United
States contractors and employees working overseas who commit specific
crimes to be tried and sentenced under U.S. law.
Tragic events in Iraq and Afghanistan highlight the need to
strengthen the laws providing for jurisdiction over American government
employees and contractors working abroad. In September 2007, Blackwater
security contractors working for the State Department shot more than 20
unarmed civilians on the streets of Baghdad, killing at least 14 of
them, and causing a rift in our relations with the Iraqi government.
Efforts to prosecute those responsible for these shootings have been
fraught with difficulties. The Blackwater trial is only just now under
way, seven years after this tragedy, and the defendants continue to
argue in court that the U.S. government does not have jurisdiction to
prosecute them.
I worked with Senator Sessions and others in 2000 to pass the
Military Extraterritorial Jurisdiction Act, MEJA, and then, again, to
amend it in 2004, so that U.S. criminal laws would extend to all
members of the U.S. military, to those who accompany them, and to
contractors who work with the military. That law provides criminal
jurisdiction over Defense Department employees and contractors, but it
does not explicitly cover people working for other Federal agencies,
like the Blackwater security contractors. Had jurisdiction in the
tragic Blackwater incident been clear, it could have prevented some of
the problems that have plagued the case.
Other incidents have made all too clear that the Blackwater case was
not an isolated incident. Private security contractors have been
involved in violent incidents and serious misconduct in Iraq and
Afghanistan, including other shooting incidents in which civilians have
been seriously injured or killed. MEJA does not cover many of the
thousands of U.S. contractors and employees who are working abroad. The
legislation I introduce today fills this gap.
Ensuring criminal accountability will also improve our national
security and protect Americans overseas. Importantly, in those
instances where the local justice system may be less than fair, this
explicit jurisdiction will also protect Americans by providing the
option of prosecuting them in the United States, rather than leaving
them subject to potentially hostile and unpredictable local courts. Our
allies, including those countries most essential to our
counterterrorism and national security efforts, work best with us when
we hold our own accountable.
In 2011, the Senate Judiciary Committee heard testimony from the
Justice Department and from experts in the area of contractor
accountability about the many diplomatic and national security benefits
of expanding criminal jurisdiction over American employees and
contractors overseas. That hearing also explored how best to ensure
that our Nation's intelligence activities would not be impaired by
CEJA. The legislation I propose today has been carefully crafted to
ensure that the intelligence community can continue its authorized
activities unimpeded.
This bill would also provide greater protection to American victims
of crime, as it would lead to more accountability for crimes committed
by U.S. Government contractors and employees against Americans working
abroad. The Committee has previously heard testimony from Jamie Leigh
Jones, a young woman from Texas who took a job with Halliburton in Iraq
in 2005 when she was 20 years old. In her first week on the job, she
was drugged and gang-raped by coworkers. When she reported this
assault, her employers moved her to a locked trailer, where she was
kept by armed guards and freed only when the State Department
intervened.
Ms. Jones testified about the arbitration clause in her contract that
prevented her from suing Halliburton for this outrageous conduct. But
criminal jurisdiction over these kinds of atrocious crimes abroad
remains complicated and depends on the specific location of the crime,
which makes prosecutions inconsistent and sometimes impossible. We must
fix the law to help avoid arbitrary injustice and ensure that victims
will not see their attackers escape accountability.
This legislation also provides another important benefit: It will lay
the groundwork to expand U.S. preclearance operations in Canada--
thereby enhancing national security and facilitating commerce and
tourism with our largest trading partner. The United States currently
stations U.S. Customs and Border Protection, CBP, Officers in select
locations in Canada to inspect passengers and cargo bound for the
United States before they leave Canada. These operations relieve
congestion at U.S. airports, improve commerce, save money, and provide
national security benefits. The United States and Canada are in ongoing
conversations about an expansion of land, rail, marine and air
preclearance operations that would greatly benefit the U.S. economy.
But one barrier in these discussions is that the United States lacks
legal authority to prosecute U.S. officials engaged in preclearance
operations if they commit crimes while stationed in Canada. CEJA would
ensure that the U.S. has legal authority to hold our own officials
accountable if they engage in wrongdoing, and thereby help pave the way
to finalizing the expanded Canada preclearance agreement.
In the past, legislation in this area has been bipartisan. I hope
Senators of both parties will work together to pass this important
reform.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2598
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Extraterritorial
Jurisdiction Act of 2014'' or the ``CEJA''.
SEC. 2. CLARIFICATION AND EXPANSION OF FEDERAL JURISDICTION
OVER FEDERAL CONTRACTORS AND EMPLOYEES.
(a) Extraterritorial Jurisdiction Over Federal Contractors
and Employees.--
(1) In general.--Chapter 212A of title 18, United States
Code, is amended--
(A) 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 inserting ``this section'';
(B) by striking the heading of section 3272; and
(C) by adding after section 3271, as amended by this
paragraph, the following new sections:
``Sec. 3272. Offenses committed by Federal contractors and
employees outside the United States
``(a)(1) Whoever, while employed by any department or
agency of the United States other than the Department of
Defense or accompanying any department or agency of
[[Page S4457]]
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 enumerated in paragraph (3) had the
conduct been engaged in within the special maritime and
territorial jurisdiction of the United States shall be
punished as provided for that offense.
``(2) A prosecution may not be commenced against a person
under this subsection 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 capacity), which function of approval
may not be delegated.
``(3) The offenses covered by paragraph (1) are the
following:
``(A) Any offense under chapter 5 (arson) of this title.
``(B) Any offense under section 111 (assaulting, resisting,
or impeding certain officers or employees), 113 (assault
within maritime and territorial jurisdiction), or 114
(maiming within maritime and territorial jurisdiction) of
this title, but only if the offense is subject to a maximum
sentence of imprisonment of one year or more.
``(C) Any offense under section 201 (bribery of public
officials and witnesses) of this title.
``(D) Any offense under section 499 (military, naval, or
official passes) of this title.
``(E) Any offense under section 701 (official badges,
identifications cards, and other insignia), 702 (uniform of
armed forces and Public Health Service), 703 (uniform of
friendly nation), or 704 (military medals or decorations) of
this title.
``(F) Any offense under chapter 41 (extortion and threats)
of this title, but only if the offense is subject to a
maximum sentence of imprisonment of three years or more.
``(G) Any offense under chapter 42 (extortionate credit
transactions) of this title.
``(H) Any offense under section 924(c) (use of firearm in
violent or drug trafficking crime) or 924(o) (conspiracy to
violate section 924(c)) of this title.
``(I) Any offense under chapter 50A (genocide) of this
title.
``(J) Any offense under section 1111 (murder), 1112
(manslaughter), 1113 (attempt to commit murder or
manslaughter), 1114 (protection of officers and employees of
the United States), 1116 (murder or manslaughter of foreign
officials, official guests, or internationally protected
persons), 1117 (conspiracy to commit murder), or 1119
(foreign murder of United States nationals) of this title.
``(K) Any offense under chapter 55 (kidnapping) of this
title.
``(L) Any offense under section 1503 (influencing or
injuring officer or juror generally), 1505 (obstruction of
proceedings before departments, agencies, and committees),
1510 (obstruction of criminal investigations), 1512
(tampering with a witness, victim, or informant), or 1513
(retaliating against a witness, victim, or an informant) of
this title.
``(M) Any offense under section 1951 (interference with
commerce by threats or violence), 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), 1956 (laundering of monetary instruments), 1957
(engaging in monetary transactions in property derived from
specified unlawful activity), 1958 (use of interstate
commerce facilities in the commission of murder for hire), or
1959 (violent crimes in aid of racketeering activity) of this
title.
``(N) Any offense under section 2111 (robbery or burglary
within special maritime and territorial jurisdiction) of this
title.
``(O) Any offense under chapter 109A (sexual abuse) of this
title.
``(P) Any offense under chapter 113B (terrorism) of this
title.
``(Q) Any offense under chapter 113C (torture) of this
title.
``(R) Any offense under chapter 115 (treason, sedition, and
subversive activities) of this title.
``(S) Any offense under section 2442 (child soldiers) of
this title.
``(T) Any offense under section 401 (manufacture,
distribution, or possession with intent to distribute 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 (exportation 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.
``(b) In addition to the jurisdiction under subsection (a),
whoever, while employed by any department or agency of the
United States other than the Department of Defense and
stationed or deployed in a country outside of the United
States pursuant to a treaty or executive agreement in
furtherance of a border security initiative with that
country, engages in conduct (or conspires or attempts to
engage in conduct) outside the United States that would
constitute an offense for which a person may be prosecuted in
a court of the United States had the conduct been engaged in
within the special maritime and territorial jurisdiction of
the United States shall be punished as provided for that
offense.
``(c) In this section:
``(1) The term `employed by any department or agency of the
United States other than the Department of Defense' means--
``(A) an individual is--
``(i) employed as a civilian employee, a contractor
(including a subcontractor at any tier), an employee of a
contractor (or a subcontractor at any tier), a grantee
(including a contractor of a grantee 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 department or agency of the United States
other than the Department of Defense;
``(ii) present or residing outside the United States in
connection with such employment; and
``(iii) not a national of or ordinarily resident in the
host nation; and
``(B) in the case of an individual who is such a
contractor, contractor employee, grantee, or grantee
employee, such employment supports a program, project, or
activity for a department or agency of the United States.
``(2) The term `accompanying any department or agency of
the United States other than the Department of Defense' means
an individual is--
``(A) a dependant, family member, or member of household
of--
``(i) a civilian employee of any department or agency of
the United States other than the Department of Defense; or
``(ii) a contractor (including a subcontractor at any
tier), an employee of a contractor (or a subcontractor at any
tier), a grantee (including a contractor of a grantee 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 department or agency of the
United States other than the Department of Defense, which
contractor, contractor employee, grantee, or grantee employee
is supporting a program, 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 resident 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.
``Sec. 3273. Regulations
``The Attorney General, after consultation with the
Secretary of Defense, the Secretary of State, the Secretary
of Homeland Security, and the Director of National
Intelligence, shall prescribe regulations governing the
investigation, apprehension, detention, delivery, and removal
of persons described in sections 3271 and 3272 of this
title.''.
(2) Conforming amendment.--Subparagraph (A) of section
3267(1) of title 18, United States Code, is amended to read
as follows:
``(A) employed as a civilian employee, a contractor
(including a subcontractor at any tier), or an employee of a
contractor (or a subcontractor at any tier) of the Department
of Defense (including a nonappropriated fund instrumentality
of the Department);''.
(b) Venue.--Chapter 211 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 3245. Optional venue for offenses involving Federal
employees and contractors overseas
``In addition to any venue otherwise provided in this
chapter, the trial of any offense involving a violation of
section 3261, 3271, or 3272 of this title may be brought--
``(1) in the district in which is headquartered the
department or agency of the United States that employs the
offender, or any 1 of 2 or more joint offenders; or
``(2) in the district in which is headquartered the
department or agency of the United States that the offender
is accompanying, or that any 1 of 2 or more joint offenders
is accompanying.''.
(c) Suspension of Statute of Limitations.--Chapter 213 of
title 18, United States Code, is amended by inserting after
section 3287 the following new section:
``Sec. 3287A. Suspension of limitations for offenses
involving Federal employees and contractors overseas
``The statute of limitations for an offense under section
3272 of this title shall be suspended for the period during
which the individual is outside the United States or is a
fugitive from justice within the meaning of section 3290 of
this title.''.
(d) Technical Amendments.--
(1) Heading amendment.--The heading of chapter 212A of
title 18, United States Code, is amended to read as follows:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF
CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''.
(2) Tables of sections.--(A) The table of sections for
chapter 211 of title 18, United States Code, is amended by
adding at the end the following new item:
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``3245. Optional venue for offenses involving Federal employees and
contractors overseas.''.
(B) The table of sections for chapter 212A of title 18,
United States Code, is amended by striking the item relating
to section 3272 and inserting the following new items:
``3272. Offenses committed by Federal contractors and employees outside
the United States.
``3273. Regulations.''.
(C) The table of sections for chapter 213 of title 18,
United States Code, is amended by inserting after the item
relating to section 3287 the following new item:
``3287A. Suspension of limitations for offenses involving Federal
employees and contractors overseas.''.
(3) Table of chapters.--The item relating to chapter 212A
in the table of chapters for part II of title 18, United
States Code, is amended to read as follows:
``212A. Extraterritorial Jurisdiction Over Offenses of Contractors and
Civilian Employees of the Federal Government............3271''.....
SEC. 3. INVESTIGATIVE TASK FORCES FOR CONTRACTOR AND EMPLOYEE
OVERSIGHT.
(a) Establishment of Investigative Task Forces for
Contractor and Employee Oversight.--The Attorney General, in
consultation with the Secretary of Defense, the Secretary of
State, the Secretary of Homeland Security, and the head of
any other department or agency of the Federal Government
responsible for employing contractors or persons overseas,
shall assign adequate personnel and resources, including
through the creation of task forces, to investigate
allegations of criminal offenses under chapter 212A of title
18, United States Code (as amended by section 2(a) of this
Act), and may authorize the overseas deployment of law
enforcement agents and other employees of the Federal
Government for that purpose.
(b) Responsibilities of Attorney General.--
(1) Investigation.--The Attorney General shall have
principal authority for the enforcement of this Act and the
amendments made by this Act, and shall have the authority to
initiate, conduct, and supervise investigations of any
alleged offense under this Act or an amendment made by this
Act.
(2) Law enforcement authority.--With respect to violations
of sections 3271 and 3272 of title 18, United States Code (as
amended by section 2(a) of this Act), the Attorney General
may authorize any person serving in a law enforcement
position in any other department or agency of the Federal
Government, including a member of the Diplomatic Security
Service of the Department of State or a military police
officer of the Armed Forces, to exercise investigative and
law enforcement authority, including those powers that may be
exercised under section 3052 of title 18, United States Code,
subject to such guidelines or policies as the Attorney
General considers appropriate for the exercise of such
powers.
(3) Prosecution.--The Attorney General may establish such
procedures the Attorney General considers appropriate to
ensure that Federal law enforcement agencies refer offenses
under section 3271 or 3272 of title 18, United States Code
(as amended by section 2(a) of this Act), to the Attorney
General for prosecution in a uniform and timely manner.
(4) Assistance on request of attorney general.--
Notwithstanding any statute, rule, or regulation to the
contrary, the Attorney General may request assistance from
the Secretary of Defense, the Secretary of State, or the head
of any other department or agency of the Federal Government
to enforce section 3271 or 3272 of title 18, United States
Code (as so amended). The assistance requested may include
the following:
(A) The assignment of additional employees and resources to
task forces established by the Attorney General under
subsection (a).
(B) An investigation into alleged misconduct or arrest of
an individual suspected of alleged misconduct by agents of
the Diplomatic Security Service of the Department of State
present in the nation in which the alleged misconduct occurs.
(5) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years,
the Attorney General shall, in consultation with the
Secretary of Defense, the Secretary of State, and the
Secretary of Homeland Security, submit to Congress a report
containing the following:
(A) The number of prosecutions under chapter 212A of title
18, United States Code (as amended by section 2(a) of this
Act), including the nature of the offenses and any
dispositions reached, during the previous year.
(B) The actions taken to implement subsection (a),
including the organization and training of employees and the
use of task forces, during the previous year.
(C) Such recommendations for legislative or administrative
action as the President considers appropriate to enforce
chapter 212A of title 18, United States Code (as amended by
section 2(a) of this Act), and the provisions of this
section.
(c) Definitions.--In this section, the terms ``agency'' and
``department'' have the meanings given such terms in section
6 of title 18, United States Code.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit any authority of the Attorney General or
any Federal law enforcement agency to investigate violations
of Federal law or deploy employees overseas.
SEC. 4. EFFECTIVE DATE.
(a) Immediate Effectiveness.--This Act and the amendments
made by this Act shall take effect on the date of enactment
of this Act.
(b) Implementation.--The Attorney General and the head of
any other department or agency of the Federal Government to
which this Act or an amendment made by this Act applies shall
have 90 days after the date of enactment of this Act to
ensure compliance with this Act and the amendments made by
this Act.
SEC. 5. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this Act or any amendment made
by this Act shall be construed--
(1) to limit or affect the application of extraterritorial
jurisdiction related to any other Federal law; or
(2) to limit or affect any authority or responsibility of a
Chief of Mission as provided in section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927).
(b) Intelligence Activities.--Nothing in this Act or any
amendment made by this Act shall apply to the authorized
intelligence activities of the United States Government.
SEC. 6. FUNDING.
If any amounts are appropriated to carry out this Act or an
amendment made by this Act, the amounts shall be from amounts
which would have otherwise been made available or
appropriated to the Department of Justice.
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