[Congressional Record Volume 145, Number 96 (Thursday, July 1, 1999)]
[Senate]
[Pages S8157-S8158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        MILITARY AND EXTRATERRITO-RIAL JURISDICTION ACT OF 1999

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                SESSIONS (AND OTHERS) AMENDMENT NO. 1226

  Mr. GORTON (for Mr. Sessions (for himself, Mr. Leahy, and Mr. 
DeWine)) proposed an amendment to the bill (S. 786) to establish court-
martial jurisdiction over civilian 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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 a contingency operation described in section 101(a)(13)(B) 
     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, 
     in accordance with applicable international agreements, 
     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.

     ``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, 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) In General.--The Secretary of Defense, after 
     consultation with the Secretary of State and the Attorney 
     General, shall issue regulations governing the apprehension, 
     detention, and removal of persons under this chapter. Such 
     regulations shall be uniform throughout the Department of 
     Defense.
       ``(b) Notice to Third Party Nationals.--
       ``(1) In general.--The Secretary of Defense, after 
     consultation with the Secretary of State, shall issue 
     regulations requiring that, to the maximum extent 
     practicable, notice shall be provided to any person serving 
     with, 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) Failure to provide notice.--The failure to provide 
     notice as prescribed in the

[[Page S8158]]

     regulations issued 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

       ``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 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:

3621''.iminal Offenses Committed Outside the United States...........

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