S.Amdt. 2093

SA 2093. Mr. CORNYN (for himself and Mr. Cotton) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end appropriate place, insert the following:

SEC. __. JAIME ZAPATA AND VICTOR AVILA FEDERAL LAW
ENFORCEMENT PROTECTION ACT.

(a) Short Title.--This section may be cited as the ``Jaime
Zapata and Victor Avila Federal Law Enforcement Protection
Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) for decades--
(A) officers and employees of the United States Government
have dutifully and faithfully served the United States at
home and abroad, including in situations that place them at
serious risk of harm;
(B) Federal law has reflected strong Federal interest in
promoting the efforts of the United States Government
overseas and protecting those officers and employees serving
abroad by ensuring that the United States Government could
prosecute any individuals, including drug traffickers and
terrorists, who have harmed or attempted to harm Federal
officers and employees while the officers and employees are
engaged in or on account of the performance of their official
duties internationally; and
(C) 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;
(2) recently, in a case involving a violent attack by
members of a violent drug cartel against Federal law
enforcement officers Jaime Zapata and Victor Avila, who were
engaged in and performing official duties in Mexico, a
Federal court concluded that Congress failed to expressly
declare that section 1114 of title 18, United States Code,
applies extraterritorially; and
(3) Congress can and should make clear that section 1114 of
title 18, United States Code, applies extraterritorially.
(c) 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.--'' before ``Whoever'';
and
(2) by adding at the end the following:
``(b) Extraterritorial Jurisdiction.--There is
extraterritorial jurisdiction over the conduct prohibited by
this section.''.
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