II
109th CONGRESS
1st Session
S. 1226
IN THE SENATE OF THE UNITED STATES
June 13, 2005
Mr. Akaka introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide jurisdiction over Federal contractors who engage in human trafficking offenses.
Short title
This Act may be cited as the
Federal Contractor Extraterritorial
Jurisdiction for Human Trafficking Offenses Act of
2005
.
Federal contractor extraterritorial jurisdiction
Chapter 77 of title 18, United States Code, is amended by adding at the end the following:
Federal contractor extraterritorial jurisdiction
Whoever, while a Federal contractor, engages in conduct outside the United States that would constitute a violation of this chapter punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that offense.
No prosecution may be commenced 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 such 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.
An individual who is a victim of a violation of this chapter by a Federal contractor may bring a civil action against the perpetrator under section 1595 if a civil action would have been authorized under section 1595 had the conduct been engaged in within the special maritime and territorial jurisdiction of the United States.
As used in this section, the term Federal contractor means a person who—
is employed as a contractor (including a subcontractor at any tier), or as an employee of a contractor (or subcontractor at any tier), of any executive agency, as that term is defined in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1));
is present or residing outside the United States in connection with such employment; and
is not a national of or ordinarily resident in the country where the violation occurred.
.