[Pages H6938-H6940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MILITARY AND EXTRATERRITO- RIAL JURISDICTION ACT OF 1999

Mr. CHABOT. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the Senate bill (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

[[Page H6939]]

the Armed Forces and civilians accompanying the Armed Forces outside
the United States, and ask for its immediate consideration in the
House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
The Clerk read the Senate bill, as follows:

S. 768

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 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 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;

[[Page H6940]]

``(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 States3621''.....

Motion Offered By Mr. Chabot

Mr. CHABOT. Mr. Speaker, I offer a motion.
The Clerk read as follows:

Mr. Chabot moves to strike all after the enacting clause of
the Senate bill, S. 768, and insert in lieu thereof the text
of H.R. 3380, as passed by the House.

The motion was agreed to.
The Senate bill was ordered to be read a third time, was read the
third time, and passed.
The title of the Senate bill was amended so as to read:

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.''.

A motion to reconsider was laid on the table.
A similar House bill (H.R. 3380) was laid on the table.

____________________