[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4390 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4390

  To extend the Military Extraterritorial Jurisdiction Act (MEJA) to 
   provide for the arrest and commitment of contractor personnel who 
 commit Federal offenses or war crimes while supporting the mission of 
                  the Department of Defense overseas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2004

Mr. Price of North Carolina (for himself and Mr. Shays) 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 extend the Military Extraterritorial Jurisdiction Act (MEJA) to 
   provide for the arrest and commitment of contractor personnel who 
 commit Federal offenses or war crimes while supporting the mission of 
                  the Department of Defense overseas.

    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 ``MEJA Clarification Act''.

SEC. 2. ARREST AND COMMITMENT OF CONTRACTOR PERSONNEL WHO COMMIT 
              FEDERAL OFFENSES OR WAR CRIMES WHILE SUPPORTING THE 
              MISSION OF THE DEPARTMENT OF DEFENSE OVERSEAS.

    (a) Duty to Ensure Arrest and Commitment.--Section 3262 of title 
18, United States Code, is amended by adding at the end the following 
new subsection:
    ``(c) For each case in which there is probable cause to believe 
that a person described in section 3261(a) has violated such section 
and is outside the United States, it shall be the duty of the Secretary 
of Defense to ensure, through the exercise of the authority under this 
chapter and of any other authority available to the Secretary, that 
such person is arrested and delivered to an authority with jurisdiction 
to prosecute such person.''.
    (b) Coverage of Personnel and Contractor Personnel of Any Other 
Agency or Provisional Authority.--Section 3267(1)(A) of such title is 
amended to read as follows:
                    ``(A) employed as--
                            ``(i) a civilian employee of--
                                    ``(I) the Department of Defense 
                                (including a nonappropriated fund 
                                instrumentality of the Department); or
                                    ``(II) any other Federal agency, or 
                                any provisional authority, to the 
                                extent such employment relates to 
                                supporting the mission of the 
                                Department of Defense overseas or to 
                                operating within territory with respect 
                                to which the United States, solely or 
                                jointly, is an occupying power;
                            ``(ii) a contractor (including a 
                        subcontractor at any tier) of--
                                    ``(I) the Department of Defense 
                                (including a nonappropriated fund 
                                instrumentality of the Department); or
                                    ``(II) any other Federal agency, or 
                                any provisional authority, to the 
                                extent such employment relates to 
                                supporting the mission of the 
                                Department of Defense overseas or to 
                                operating within territory with respect 
                                to which the United States, solely or 
                                jointly, is an occupying power; or
                            ``(iii) an employee of a contractor (or 
                        subcontractor at any tier) of--
                                    ``(I) the Department of Defense 
                                (including a nonappropriated fund 
                                instrumentality of the Department); or
                                    ``(II) any other Federal agency, or 
                                any provisional authority, to the 
                                extent such employment relates to 
                                supporting the mission of the 
                                Department of Defense overseas or to 
                                operating within territory with respect 
                                to which the United States, solely or 
                                jointly, is an occupying power;''.
    (c) Coverage of Dependents of Such Persons.--Section 3267(2)(A) of 
such title is amended--
            (1) by inserting ``or'' at the end of clause (i); and
            (2) by amending clauses (ii) and (iii) to read as follows:
                            ``(ii) a civilian employee described in 
                        paragraph (1)(A)(i); or
                            ``(iii) a contractor described in paragraph 
                        (1)(A)(ii) or an employee of a contractor 
                        described in paragraph (1)(A)(iii);''.
    (d) Coverage of War Crimes.--Section 3261(a) of such title is 
amended in the matter preceding paragraph (1) by inserting after 
``territorial jurisdiction of the United States'' the following: ``(or 
that would constitute a war crime (as defined in section 2441(c) of 
this title))''.
    (e) Deadline for Initial Regulations.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense shall 
submit, under subsection (c) of section 3266 of title 18, United States 
Code, a report containing the initial regulations required by such 
section.
                                 <all>