I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘MEJA Clarification 

5 Act’’. 
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1 SEC. 2. ARREST AND COMMITMENT OF CONTRACTOR PER2 SONNEL WHO COMMIT FEDERAL OFFENSES 

3 OR WAR CRIMES WHILE SUPPORTING THE 

4 MISSION OF THE DEPARTMENT OF DEFENSE 

5 OVERSEAS. 

6 (a) DUTY TO ENSURE ARREST AND COMMITMENT.—

7 Section 3262 of title 18, United States Code, is amended 

8 by adding at the end the following new subsection: 

9 ‘‘(c) For each case in which there is probable cause 

10 to believe that a person described in section 3261(a) has 

11 violated such section and is outside the United States, it 

12 shall be the duty of the Secretary of Defense to ensure, 

13 through the exercise of the authority under this chapter 

14 and of any other authority available to the Secretary, that 

15 such person is arrested and delivered to an authority with 

16 jurisdiction to prosecute such person.’’. 

17 (b) COVERAGE OF PERSONNEL AND CONTRACTOR

18 PERSONNEL OF ANY OTHER AGENCY OR PROVISIONAL

19 AUTHORITY.—Section 3267(1)(A) of such title is amend20 ed to read as follows: 

21 ‘‘(A) employed as—

22 ‘‘(i) a civilian employee of—

23 ‘‘(I) the Department of Defense 

24 (including a nonappropriated fund in25 strumentality of the Department); or 
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1 ‘‘(II) any other Federal agency, 

2 or any provisional authority, to the 

3 extent such employment relates to 

4 supporting the mission of the Depart5 ment of Defense overseas or to oper6 ating within territory with respect to 

7 which the United States, solely or 

8 jointly, is an occupying power; 

9 ‘‘(ii) a contractor (including a subcon10 tractor at any tier) of—

11 ‘‘(I) the Department of Defense 

12 (including a nonappropriated fund in13 strumentality of the Department); or 

14 ‘‘(II) any other Federal agency, 

15 or any provisional authority, to the 

16 extent such employment relates to 

17 supporting the mission of the Depart18 ment of Defense overseas or to oper19 ating within territory with respect to 

20 which the United States, solely or 

21 jointly, is an occupying power; or 

22 ‘‘(iii) an employee of a contractor (or 

23 subcontractor at any tier) of—
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1 ‘‘(I) the Department of Defense 

2 (including a nonappropriated fund in3 strumentality of the Department); or 

4 ‘‘(II) any other Federal agency, 

5 or any provisional authority, to the 

6 extent such employment relates to 

7 supporting the mission of the Depart8 ment of Defense overseas or to oper9 ating within territory with respect to 

10 which the United States, solely or 

11 jointly, is an occupying power;’’. 

12 (c) COVERAGE OF DEPENDENTS OF SUCH PER13 SONS.—Section 3267(2)(A) of such title is amended—

14 (1) by inserting ‘‘or’’ at the end of clause (i); 

15 and 

16 (2) by amending clauses (ii) and (iii) to read as 

17 follows: 

18 ‘‘(ii) a civilian employee described in 

19 paragraph (1)(A)(i); or 

20 ‘‘(iii) a contractor described in para21 graph (1)(A)(ii) or an employee of a con22 tractor described in paragraph 

23 (1)(A)(iii);’’. 

24 (d) COVERAGE OF WAR CRIMES.—Section 3261(a) of 

25 such title is amended in the matter preceding paragraph 
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1 (1) by inserting after ‘‘territorial jurisdiction of the United 

2 States’’ the following: ‘‘(or that would constitute a war 

3 crime (as defined in section 2441(c) of this title))’’. 

4 (e) DEADLINE FOR INITIAL REGULATIONS.—Not 

5 later than 90 days after the date of the enactment of this 

6 Act, the Secretary of Defense shall submit, under sub7 section (c) of section 3266 of title 18, United States Code, 

8 a report containing the initial regulations required by such 

9 section.

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