[Congressional Record Volume 145, Number 163 (Wednesday, November 17, 1999)]
[Extensions of Remarks]
[Page E2419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTRODUCTION OF THE MILITARY EXTRATERRITORIAL JURISDICTION ACT

                                 ______
                                 

                          HON. SAXBY CHAMBLISS

                               of georgia

                    in the house of representatives

                       Tuesday, November 16, 1999

  Mr. CHAMBLISS. Mr. Speaker, currently, there are instances where 
American civilians have committed crimes outside the United States but 
have not been prosecuted because foreign governments decline to take 
any action and U.S. military or civilian law enforcement agencies lack 
the appropriate authority to prosecute these criminals. Consequently, 
only minor administrative sanctions are available to punish serious 
crimes.
  Today, my colleague, Congressman Bill McCollum, and I are introducing 
legislation that will close a legal loophole that currently allows 
civilians accompanying the military outside the United States to avoid 
prosecution from crimes.
  For example, a Department of Defense teacher raped a minor and 
videotaped the event. The host country chose not to prosecute, and the 
United States did not have the jurisdiction to prosecute the teacher.
  The son of a contractor employee in Italy committed various crimes 
including rape, arson, assault, and drug trafficking. Because of a lack 
of jurisdiction to prosecute, the son was simply barred from the base.
  A civilian spouse living overseas attacked her active duty husband 
with a kitchen knife and stabbed him in the shoulder. Although the 
spouse confessed to aggravated assault, the local national law 
enforcement agencies declined to prosecute.
  A 13-year-old living on an Army base in Germany, sexually molested 
and raped several other children under the age of ten. German 
authorities decided not to prosecute. The only punishment for the 
offender was to be expelled from Germany.
  An Air Force employee molested 24 children, ages 9 to 14. Because the 
host country refused to prosecute, the only recourse was to bar him 
from the base.
  An Overseas Jurisdiction Advisory Committee has recommended to the 
Secretary of Defense and the Attorney General that this kind of 
``legislation is needed to address misconduct by civilians accompanying 
the force overseas in peacetime settings.'' Both the Department of 
Justice and the Department of Defense support legislation that will 
help to maintain order and discipline among our armed forces.
  It is time that we close the loophole that allows civilian criminals 
to escape prosecution of their crimes. The Military Extraterritorial 
Jurisdiction Act we are introducing today, similar to S. 768 introduced 
by Senator Jeff Sessions and Senator Michael DeWine, will provide the 
federal government much greater ability to hold criminals responsible 
for crimes which they commit and will finally tighten our laws so that 
criminals do not go unpunished.

                          ____________________