H.R. 4390 – Reading Mode

108th CONGRESS

2d Session

H. R. 4390

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.

Short title

This Act may be cited as the &short-title1;.

Arrest and commitment of contractor personnel 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 amended to read as follows:

(A)

employed as—

(i)

a civilian employee of—

(I)

the Department of Defense (including a nonappropriated fund instrumentality 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 Department of Defense overseas or to operating within territory with respect to which the United States, solely or jointly, is an occupying power;

(ii)

a contractor (including a subcontractor at any tier) of—

(I)

the Department of Defense (including a nonappropriated fund instrumentality of the Department); or

(II)

(iii)

an employee of a contractor (or subcontractor at any tier) of—

(I)

the Department of Defense (including a nonappropriated fund instrumentality of the Department); or

(II)

(c)

Coverage of dependents of such persons

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 paragraph (1)(A)(ii) or an employee of a contractor described in paragraph (1)(A)(iii);

(d)

Coverage of war crimes

Section 3261(a) of such title is amended in the matter preceding paragraph (1) by inserting after territorial jurisdiction of the United States the following: (or that would constitute a war crime (as defined in section 2441(c) of this title)).

(e)

Deadline for initial regulations

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit, under subsection (c) of section 3266 of title 18, United States Code, a report containing the initial regulations required by such section.