[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3380 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3380

      To amend title 18, United States Code, to establish Federal 
   jurisdiction over offenses committed outside the United States by 
persons employed by or accompanying the Armed Forces, or by members of 
 the Armed Forces who are released or separated from active duty prior 
to being identified and prosecuted for the commission of such offenses, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 1999

 Mr. Chambliss (for himself and Mr. McCollum) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
    addition to the Committee on Armed Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
      To amend title 18, United States Code, to establish Federal 
   jurisdiction over offenses committed outside the United States by 
persons employed by or accompanying the Armed Forces, or by members of 
 the Armed Forces who are released or separated from active duty prior 
to being identified and prosecuted for the commission of such offenses, 
                        and for other purposes.

    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 ``Military Extraterritorial 
Jurisdiction Act of 1999''.

SEC. 2. FEDERAL JURISDICTION.

    (a) Certain Criminal Offenses Committed Outside the United 
States.--Title 18, United States Code, is amended by inserting after 
chapter 211 the following new chapter:

         ``CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION

``Sec.
``3261.  Criminal offenses committed by certain members of the Armed 
                            Forces and by persons employed by or 
                            accompanying the Armed Forces outside the 
                            United States.
``3262.  Delivery to authorities of foreign countries.
``3263.  Regulations.
``3264.  Definitions.
``Sec. 3261. Criminal offenses committed by certain members of the 
              Armed Forces and by persons employed by or accompanying 
              the Armed Forces outside the United States
    ``(a) Whoever engages in conduct outside the United States that 
would constitute an offense 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--
            ``(1) while employed by or accompanying the Armed Forces 
        outside the United States; or
            ``(2) while a member of the Armed Forces subject to chapter 
        47 of title 10 (the Uniform Code of Military Justice) in 
        accordance with section 802 of such title, and thereafter 
        ceases to be subject to such chapter without having been tried 
        by court-martial with respect to such conduct;
shall be punished as provided for that offense.
    ``(b) Nothing in this chapter may be construed to deprive a court-
martial, military commission, provost court, or other military tribunal 
of concurrent jurisdiction with respect to offenders or offenses that 
by statute or by the law of war may be tried by a court-martial, 
military commission, provost court, or other military tribunal.
    ``(c) 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.
    ``(d)(1) The Secretary of Defense may designate and authorize any 
person serving in a law enforcement position in the Department of 
Defense to arrest, in accordance with applicable international 
agreements, outside the United States any person described in 
subsection (a) if there is probable cause to believe that such person 
engaged in conduct that constitutes a criminal offense under subsection 
(a).
    ``(2) A person arrested under paragraph (1) shall be delivered as 
soon as practicable to the custody of civilian law enforcement 
authorities of the United States for removal to the United States for 
judicial proceedings in relation to conduct referred to in such 
paragraph unless--
            ``(A) such person is delivered to authorities of a foreign 
        country under section 3262; or
            ``(B) such person has had charges brought against him or 
        her under chapter 47 of title 10 for such conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) Any person designated and authorized under section 3261(d) 
may deliver a person described in section 3261(a) to the appropriate 
authorities of a foreign country in which such person is alleged to 
have engaged in conduct described in section 3261(a) if--
            ``(1) appropriate authorities of that country request the 
        delivery of the person to such country for trial for such 
        conduct as an offense under the laws of that country; and
            ``(2) the delivery of such person to that country is 
        authorized by a treaty or other international agreement to 
        which the United States is a party.
    ``(b) The Secretary of Defense, in consultation with the Secretary 
of State, shall determine which officials of a foreign country 
constitute appropriate authorities for purposes of this section.
``Sec. 3263. Regulations
    ``(a) The Secretary of Defense, after consultation with the 
Secretary of State and the Attorney General, shall prescribe 
regulations governing the apprehension, detention, delivery, and 
removal of persons under this chapter. Such regulations shall be 
uniform throughout the Department of Defense.
    ``(b)(1) The Secretary of Defense, after consultation with the 
Secretary of State and the Attorney General, shall prescribe 
regulations requiring that, to the maximum extent practicable, notice 
shall be provided to any person employed by or accompanying the Armed 
Forces outside the United States who is not a national of the United 
States that such person is potentially subject to the criminal 
jurisdiction of the United States under this chapter.
    ``(2) A failure to provide notice in accordance with the 
regulations prescribed under paragraph (1) shall not defeat the 
jurisdiction of a court of the United States or provide a defense in 
any judicial proceeding arising under this chapter.
``Sec. 3264. Definitions
    ``As used in this chapter--
            ``(1) to be `employed by the Armed Forces outside the 
        United States' means to be--
                    ``(A) employed as a civilian employee of the 
                Department of Defense (including a nonappropriated fund 
                instrumentality of the Department), as a Department of 
                Defense contractor (including a subcontractor at any 
                tier), or as an employee of a Department of Defense 
                contractor (including a subcontractor at any tier);
                    ``(B) present or residing outside the United States 
                in connection with such employment; and
                    ``(C) not a national of or ordinarily resident in 
                the host nation;
            ``(2) to be `accompanying the Armed Forces outside the 
        United States' means to be--
                    ``(A) a dependent of--
                            ``(i) a member of the Armed Forces;
                            ``(ii) a civilian employee of a military 
                        department or of the Department of Defense 
                        (including a nonappropriated fund 
                        instrumentality of the Department); or
                            ``(iii) a Department of Defense contractor 
                        (including a subcontractor at any tier) or an 
                        employee of a Department of Defense contractor 
                        (including a subcontractor at any tier);
                    ``(B) residing with such member, civilian employee, 
                contractor, or contractor employee outside the United 
                States; and
                    ``(C) not a national of or ordinarily resident in 
                the host nation; and
            ``(3) `Armed Forces' has the meaning given the term `armed 
        forces' in section 101(a)(4) of title 10.''.
    (b) Effective Date of Regulations.--The regulations prescribed by 
the Secretary of Defense under section 3263 of title 18, United States 
Code, as added by subsection (a) of this section, and any amendments to 
those regulations, shall not take effect before the date that is 90 
days after the date on which the Secretary submits a report containing 
those regulations or amendments (as applicable) to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate.
    (c) Clerical Amendment.--The table of chapters for part II of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 211 the following new item:

``212.    Military Extraterritorial Jurisdiction............    3261''.
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