[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 768 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 768

To establish court-martial jurisdiction over civilians serving with the 
 Armed Forces during contingency operations, and to establish Federal 
jurisdiction over crimes committed outside the United States by former 
members of the Armed Forces and civilians accompanying the Armed Forces 
                       outside the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 1999

  Mr. Sessions (for himself and Mr. DeWine) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish court-martial jurisdiction over civilians serving with the 
 Armed Forces during contingency operations, and to establish Federal 
jurisdiction over crimes committed outside the United States by former 
members of the Armed Forces and civilians accompanying the Armed Forces 
                       outside the United States.

    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 and Extraterritorial 
Jurisdiction Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Civilian employees of the Department of Defense, and 
        civilian employees of Department of Defense contractors, 
        provide critical support to the Armed Forces of the United 
        States that are deployed during a contingency operation.
            (2) Misconduct by such persons undermines good order and 
        discipline in the Armed Forces, and jeopardizes the mission of 
        the contingency operation.
            (3) Military commanders need the legal tools to address 
        adequately misconduct by civilians serving with Armed Forces 
        during a contingency operation.
            (4) In its present state, military law does not permit 
        military commanders to address adequately misconduct by 
        civilians serving with Armed Forces, except in time of a 
        congressionally declared war.
            (5) To address this need, the Uniform Code of Military 
        Justice should be amended to provide for court-martial 
        jurisdiction over civilians serving with Armed Forces in places 
        designated by the Secretary of Defense during a ``contingency 
        operation'' expressly designated as such by the Secretary of 
        Defense.
            (6) This limited extension of court-martial jurisdiction 
        over civilians is dictated by military necessity, is within the 
        constitutional powers of Congress to make rules for the 
        government of the Armed Forces, and, therefore, is consistent 
        with the Constitution of the United States and United States 
        public policy.
            (7) Many thousand civilian employees of the Department of 
        Defense, civilian employees of Department of Defense 
        contractors, and civilian dependents accompany the Armed Forces 
        to installations in foreign countries.
            (8) Misconduct among such civilians has been a longstanding 
        problem for military commanders and other United States 
        officials in foreign countries, and threatens United States 
        citizens, United States property, and United States relations 
        with host countries.
            (9) Federal criminal law does not apply to many offenses 
        committed outside of the United States by such civilians and, 
        because host countries often do not prosecute such offenses, 
        serious crimes often go unpunished and, to address this 
        jurisdictional gap, Federal law should be amended to punish 
        serious offenses committed by such civilians outside the United 
        States, to the same extent as if those offenses were committed 
        within the special maritime and territorial jurisdiction of the 
        United States.
            (10) Federal law does not apply to many crimes committed 
        outside the United States by members of the Armed Forces who 
        separate from the Armed Forces before they can be identified, 
        thus escaping court martial jurisdiction and, to address this 
        jurisdictional gap, Federal law should be amended to punish 
        serious offenses committed by such persons outside the United 
        States, to the same extent as if those offenses were committed 
        within the special maritime and territorial jurisdiction of the 
        United States.

SEC. 3. COURT-MARTIAL JURISDICTION.

    (a) Jurisdiction During Contingency Operations.--Section 802(a) of 
title 10, United States Code (article 2(a) of the Uniform Code of 
Military Justice), is amended by inserting after paragraph (12) the 
following:
            ``(13) To the extent not covered by paragraphs (10) and 
        (11), persons not members of the armed forces who, in support 
        of an operation designated as a contingency operation as 
        described in section 101(a)(13)(A) of this title, are serving 
        with and accompanying an armed force in a place or places 
        outside the United States specified by the Secretary of 
        Defense, as follows:
                    ``(A) Employees of the Department of Defense.
                    ``(B) Employees of any Department of Defense 
                contractor who are so serving in connection with the 
                performance of a Department of Defense contract.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply with 
respect to acts or omissions occurring on or after that date.

SEC. 4. FEDERAL JURISDICTION.

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

  ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES

``Sec.
``3261. Criminal offenses committed by persons formerly serving with, 
                            or presently 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 persons formerly serving 
              with, or presently employed by or accompanying, the Armed 
              Forces outside the United States
    ``(a) In General.--Whoever, while serving with, employed by, or 
accompanying the Armed Forces outside of the United States, engages in 
conduct 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, shall be 
guilty of a like offense and subject to a like punishment.
    ``(b) Concurrent Jurisdiction.--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) Action by Foreign Government.--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 shall not be delegated.
    ``(d) Arrests.--
            ``(1) Law enforcement personnel.--The Secretary of Defense 
        may designate and authorize any person serving in a law 
        enforcement position in the Department of Defense to arrest 
        outside of 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) Release to civilian law enforcement.--A person 
        arrested under paragraph (1) shall be released 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.
    ``(3) Justifiable delay.--The arrest of a person outside the United 
States by a person designated under paragraph (1), and the removal of 
the arrested person to the United States under paragraph (2), are 
extraordinary circumstances justifying delay in bringing the arrested 
person before a magistrate as required by the fourth amendment to the 
United States Constitution and the Federal Rules of Criminal Procedure.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) In General.--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) of 
this section if--
            ``(1) the 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) Determination by the Secretary.--The Secretary of Defense 
shall determine which officials of a foreign country constitute 
appropriate authorities for purposes of this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense shall issue regulations governing the 
apprehension, detention, and removal of persons under this chapter. 
Such regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Definitions
    ``In this chapter--
            ``(1) a person is `accompanying the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is a dependent of--
                            ``(i) a member of the Armed Forces;
                            ``(ii) a civilian employee of a military 
                        department or of the Department of Defense; or
                            ``(iii) a Department of Defense contractor, 
                        or is a dependent of an employee of a 
                        Department of Defense contractor;
                    ``(B) is residing with such member, civilian 
                employee, contractor, or contractor employee outside 
                the United States; and
                    ``(C) is not a national of or ordinarily resident 
                in the host nation;
            ``(2) the term `Armed Forces' has the same meaning as in 
        section 101(a)(4) of title 10; and
            ``(3) a person is `employed by the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is employed as a civilian employee of the 
                Department of Defense, as a Department of Defense 
                contractor, or as an employee of a Department of 
                Defense contractor;
                    ``(B) is present or residing outside of the United 
                States in connection with such employment; and
                    ``(C) is not a national of or ordinarily resident 
                in the host nation.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part II of title 18, United States Code, is amended by inserting after 
the item relating to chapter 211 the following:

``212. Criminal Offenses Committed Outside the United States    3621''.
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