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 fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Armed Services, for a period to be subse-
quently 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 Depart-
ment of Defense overseas.
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 ‘‘MEJA Clarification 
Act’’.
SEC. 2. ARREST AND COMMITMENT OF CONTRACTOR PER-
SONNEL WHO COMMIT FEDERAL OFFENSES 
OR WAR CRIMES WHILE SUPPORTING THE 
MISSION OF THE DEPARTMENT OF DEFENSE 
OVERSEAS. 
(a) DUTY TO ENSURE ARREST AND COMMITMENT.—
Section 3262 of title 18, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(c) For each case in which there is probable cause 
to believe that a person described in section 3261(a) has 
violated such section and is outside the United States, it 
shall be the duty of the Secretary of Defense to ensure, 
through the exercise of the authority under this chapter 
and of any other authority available to the Secretary, that 
such person is arrested and delivered to an authority with 
jurisdiction to prosecute such person.’’. 
(b) COVERAGE OF PERSONNEL AND CONTRACTOR 
PERSONNEL OF ANY OTHER AGENCY OR PROVISIONAL 
AUTHORITY.—Section 3267(1)(A) of such title is amend-
ed to read as follows: 
‘‘(A) employed as—
‘‘(i) a civilian employee of—
‘‘(I) the Department of Defense 
(including a nonappropriated fund in-
strumentality of the Department); or
‘‘(II) any other Federal agency, 
or any provisional authority, to the 
extent such employment relates to 
supporting the mission of the Depart-
ment of Defense overseas or to oper-
ating within territory with respect to 
which the United States, solely or 
jointly, is an occupying power; 
‘‘(ii) a contractor (including a subcon-
tractor at any tier) of—
‘‘(I) the Department of Defense 
(including a nonappropriated fund in-
strumentality of the Department); or 
‘‘(II) any other Federal agency, 
or any provisional authority, to the 
extent such employment relates to 
supporting the mission of the Depart-
ment of Defense overseas or to oper-
ating within territory with respect to 
which the United States, solely or 
jointly, is an occupying power; or 
‘‘(iii) an employee of a contractor (or 
subcontractor at any tier) of—
‘‘(I) the Department of Defense 
(including a nonappropriated fund in-
strumentality of the Department); or 
‘‘(II) any other Federal agency, 
or any provisional authority, to the 
extent such employment relates to 
supporting the mission of the Depart-
ment of Defense overseas or to oper-
ating within territory with respect to 
which the United States, solely or 
jointly, is an occupying power;’’. 
(c) COVERAGE
OF DEPENDENTS
OF SUCH PER-
SONS.—Section 3267(2)(A) of such title is amended—
(1) by inserting ‘‘or’’ at the end of clause (i); 
and 
(2) by amending clauses (ii) and (iii) to read as 
follows: 
‘‘(ii) a civilian employee described in 
paragraph (1)(A)(i); or 
‘‘(iii) a contractor described in para-
graph (1)(A)(ii) or an employee of a con-
tractor 
described 
in 
paragraph 
(1)(A)(iii);’’. 
(d) COVERAGE OF WAR CRIMES.—Section 3261(a) of 
such title is amended in the matter preceding paragraph