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II
116TH CONGRESS
2D SESSION
S. 3732
To amend title 18, United States Code, to further protect officers and
employees of the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 14, 2020
Mr. CORNYN (for himself, Mr. COONS, Mr. COTTON, and Mr. LEAHY) intro-
duced the following bill; which was read twice and referred to the Com-
mittee on the Judiciary
A BILL
To amend title 18, United States Code, to further protect
officers and employees of the United States, and for
other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Jaime Zapata and Vic-
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tor Avila Federal Law Enforcement Protection Act’’.
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SEC. 2. SENSE OF CONGRESS.
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It is the sense of Congress that—
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(1) since the founding of the Nation, officers
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and employees of the United States Government
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•S 3732 IS
have dutifully and faithfully served the United
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States overseas, including in situations that place
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them at serious risk of death or bodily harm, in
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order to preserve, protect, and defend the interests
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of the United States;
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(2) securing the safety of such officers and em-
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ployees while serving overseas is of paramount im-
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portance and is also in furtherance of preserving,
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protecting, and defending the interests of the United
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States;
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(3) Federal courts, including the United States
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Court of Appeals for the Second Circuit, the United
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States Court of Appeals for the Ninth Circuit, and
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the United States Court of Appeals for the Eleventh
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Circuit, have correctly interpreted section 1114 of
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title
18,
United
States
Code,
to
apply
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extraterritorially to protect officers and employees of
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the United States while the officers and employees
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are serving abroad;
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(4) recently, in a case involving a violent attack
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against Federal law enforcement officers Jaime Za-
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pata and Victor Avila, a panel of a Federal court of
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appeals held that section 1114 of title 18, United
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States Code, does not apply extraterritorially, cre-
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•S 3732 IS
ating a split among the United States circuit courts
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of appeals; and
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(5) in light of the opinion described in para-
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graph (4), it has become necessary for Congress to
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clarify the original intent that section 1114 of title
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18, United States Code, applies extraterritorially.
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SEC. 3. PROTECTION OF OFFICERS AND EMPLOYEES OF
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THE UNITED STATES.
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Section 1114 of title 18, United States Code, is
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amended—
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(1) by inserting ‘‘(a) IN GENERAL.—’’ before
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‘‘Whoever’’; and
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(2) by adding at the end the following:
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‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is
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extraterritorial jurisdiction over the conduct prohibited by
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this section.’’.
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Æ
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