IB
Union Calendar No. 443
106TH CONGRESS
2D SESSION
H. R. 3380
[Report No. 106–778, Part I]
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.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1999
Mr. CHAMBLISS (for himself and Mr. MCCOLLUM) introduced the following
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
JULY 20, 2000
Reported from the Committee on the Judiciary with an amendment
JULY 20, 2000
Referral to the Committee on Armed Services extended for a period ending
not later than July 20, 2000
JULY 20, 2000
Committee on Armed Services discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This 
Act 
may 
be 
cited 
as 
the 
‘‘Military
Extraterritorial Jurisdiction Act of 2000’’.
SEC. 2. FEDERAL JURISDICTION.
(a) CERTAIN CRIMINAL OFFENSES COMMITTED OUT-
SIDE THE UNITED STATES.—Title 18, United States Code,
is amended by inserting after chapter 211 the following new
chapter:
‘‘CHAPTER 212—MILITARY
EXTRATERRITORIAL JURISDICTION
‘‘Sec.
‘‘3261.
Criminal offenses committed by certain members of the Armed Forces and
by persons employed by or accompanying the Armed Forces out-
side the United States.
‘‘3262.
Arrest and commitment.
‘‘3263.
Delivery to authorities of foreign countries.
‘‘3264.
Limitation on removal.
‘‘3265.
Initial proceedings.
‘‘3266.
Regulations.
‘‘3267.
Definitions.
‘‘§ 3261. Criminal offenses committed by certain mem-
bers of the Armed Forces and by persons
employed by or accompanying the Armed
Forces outside the United States
‘‘(a) Whoever engages in conduct outside the United
States that would constitute an offense punishable by im-
prisonment for more than 1 year if the conduct had been
engaged in within the special maritime and territorial ju-
risdiction of the United States—
‘‘(1) while employed by or accompanying the
Armed Forces outside the United States; or
‘‘(2) while a member of the Armed Forces subject
to chapter 47 of title 10 (the Uniform Code of Mili-
tary Justice),
shall be punished as provided for that offense.
‘‘(b) No prosecution may be commenced against a per-
son under this section if a foreign government, in accord-
ance 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 per-
son acting in either such capacity), which function of ap-
proval may not be delegated.
‘‘(c) Nothing in this chapter may be construed to de-
prive a court-martial, military commission, provost court,
or other military tribunal of concurrent jurisdiction with