I
106TH CONGRESS
1ST SESSION
H. R. 3380
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
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 1999’’.
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 fol-
lowing 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 outside the United States.
‘‘3262.
Delivery to authorities of foreign countries.
‘‘3263.
Regulations.
‘‘3264.
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 sub-
ject to chapter 47 of title 10 (the Uniform Code of
Military Justice) in accordance with section 802 of
such title, and thereafter ceases to be subject to
such chapter without having been tried by court-
martial with respect to such conduct;
shall be punished as provided for that offense.
‘‘(b) 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
respect to offenders or offenses that by statute or by the
law of war may be tried by a court-martial, military com-
mission, provost court, or other military tribunal.
‘‘(c) No prosecution may be commenced against a
person under this section if a foreign government, in ac-
cordance with jurisdiction recognized by the United
States, has prosecuted or is prosecuting such person for
the conduct constituting such offense, except upon the ap-
proval of the Attorney General or the Deputy Attorney
General (or a person acting in either such capacity), which
function of approval may not be delegated.
‘‘(d)(1) 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 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 sub-
section (a).
‘‘(2) A person arrested under paragraph (1) shall be
delivered as soon as practicable to the custody of civilian
law enforcement authorities of the United States for re-
moval to the United States for judicial proceedings in rela-
tion 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.
‘‘§ 3262. Delivery to authorities of foreign countries
‘‘(a) 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) if—
‘‘(1) appropriate authorities of that country re-
quest the delivery of the person to such country for
trial for such conduct as an offense under the laws
of that country; and
provide a defense in any judicial proceeding arising under
this chapter.
‘‘§ 3264. Definitions
‘‘As used in this chapter—
‘‘(1) to be ‘employed by the Armed Forces out-
side the United States’ means to be—
‘‘(A) employed as a civilian employee of the
Department of Defense (including a non-
appropriated fund instrumentality of the De-
partment), as a Department of Defense con-
tractor (including a subcontractor at any tier),
or as an employee of a Department of Defense
contractor (including a subcontractor at any
tier);
‘‘(B) present or residing outside the
United States in connection with such employ-
ment; and
‘‘(C) not a national of or ordinarily resi-
dent in the host nation;
‘‘(2) to be ‘accompanying the Armed Forces
outside the United States’ means to be—
‘‘(A) a dependent of—
‘‘(i) a member of the Armed Forces;
‘‘(ii) a civilian employee of a military
department or of the Department of De-
fense (including a nonappropriated fund
instrumentality of the Department); or
‘‘(iii) a Department of Defense con-
tractor (including a subcontractor at any
tier) or an employee of a Department of
Defense contractor (including a subcon-
tractor at any tier);
‘‘(B) residing with such member, civilian
employee, contractor, or contractor employee
outside the United States; and
‘‘(C) not a national of or ordinarily resi-
dent in the host nation; and
‘‘(3) ‘Armed Forces’ has the meaning given the
term ‘armed forces’ in section 101(a)(4) of title
10.’’.
(b) EFFECTIVE DATE OF REGULATIONS.—The regu-
lations prescribed by the Secretary of Defense under sec-
tion 3263 of title 18, United States Code, as added by
subsection (a) of this section, and any amendments to
those regulations, shall not take effect before the date that
is 90 days after the date on which the Secretary submits
a report containing those regulations or amendments (as
applicable) to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judi-
ciary of the Senate.
(c) CLERICAL AMENDMENT.—The table of chapters
for part II of title 18, United States Code, is amended
by inserting after the item relating to chapter 211 the fol-
lowing new item:
‘‘212.
Military Extraterritorial Jurisdiction ..................... 3261’’.
Æ