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75998 Federal Register / Vol. 70, No.

245 / Thursday, December 22, 2005 / Proposed Rules

PART 341—COLD, COUGH, ALLERGY, ACTION:Notice of public hearing on DEPARTMENT OF DEFENSE


BRONCHODILATOR, AND proposed rulemaking.
ANTIASTHMATIC DRUG PRODUCTS Office of the Secretary
SUMMARY: This document contains a
FOR OVER-THE-COUNTER HUMAN
notice of public hearing on proposed 32 CFR Part 153
USE
regulations providing guidance on
3. The authority citation for 21 CFR employer comparable contributions to [0790–AH73]
part 341 continues to read as follows: Health Savings Accounts (HSAs) under
Criminal Jurisdiction Over Civilians
Authority: 21 U.S.C. 321, 351, 352, 353, section 4980G.
Employed by or Accompanying the
355, 360, 371. DATES: The public hearing is being held Armed Forces Outside the United
on February 23, 2006, at 10 a.m. The IRS States, Service Members, and Former
§ 341.20 [Amended] must receive outlines of the topics to be
4. Section 341.20 of the proposed rule Service Members
discussed at the hearing by February 2,
published at 41 FR 38312 is amended by 2006. AGENCY: Department of Defense.
removing paragraph (e) and ADDRESSES: The public hearing is being ACTION: Proposed rule.
redesignating paragraphs (f), (g), and (h) held in the IRS Auditorium, Internal
as paragraphs (e), (f), and (g), SUMMARY: The Military Extraterritorial
Revenue Service Building, 1111
respectively. Constitution Avenue, NW., Washington, Jurisdiction Act of 2000 (MEJA)
DC. Send submissions to: establishes Federal criminal jurisdiction
PART 357—MISCELLANEOUS over whoever engages in conduct
INTERNAL DRUG PRODUCTS FOR CC:PA:LPD:PR (REG–138647–04), Room
5203, Internal Revenue Service, POB outside the United States that would
OVER-THE-COUNTER HUMAN USE constitute an offense punishable by
7604, Ben Franklin Station, Washington,
5. The authority citation for 21 CFR DC 20044. Submissions may be hand imprisonment for more than one year
part 357 continues to read as follows: delivered between the hours of 8 a.m. (i.e., a felony offense) while employed
and 4 p.m. to CC:PA:LPD:PR (REG– by or accompanying the Armed Forces
Authority: 21 U.S.C. 321, 351, 352, 353, outside the United States, certain
355, 360, 371. 138647–04), Courier’s Desk, Internal
Revenue Service, 1111 Constitution members of the Armed Forces subject to
§ 357.510 [Amended] Avenue, NW., Washington, DC. the Uniform Code of Military Justice
6. Section 357.510 of the proposed Alternatively, taxpayers may submit and former members of the Armed
rule published at 47 FR 8466 is electronic outlines of oral comments Forces.
amended by removing and reserving directly to the IRS Internet site http:// DATES: Comments must be received on
paragraph (b). www.irs.gov/regs. or before February 21, 2006.
§ 357.520 [Removed] FOR FURTHER INFORMATION CONTACT: ADDRESSES: Forward comments to the
7. Section 357.520 of the proposed Concerning submission of comments, Deputy General Counsel (Personnel and
rule published at 47 FR 8466 is the hearing, and/or to be placed on the Health Policy), 1600 Defense Pentagon,
removed. building access to attend the hearing, Washington, DC 20301–1600.
Kelly Banks at (202) 622–7180 (not a FOR FURTHER INFORMATION CONTACT: Mr.
§ 357.550 [Amended] toll-free number). Robert Reed, 703–695–1055.
8. Section 357.550 of the proposed SUPPLEMENTARY INFORMATION: The SUPPLEMENTARY INFORMATION:
rule published at 47 FR 8466 is subject of the public hearing is the
amended by removing and reserving notice of proposed rulemaking (REG– Executive Order 12866, ‘‘Regulatory
paragraphs (c)(2) and (d)(2). 138647–04) that was published in the Planning and Review’’
Federal Register on August 26, 2005 (70 This proposed regulatory action is a
§ 357.555 [Removed] significant regulatory action, as defined
FR 50233).
9. Section 357.555 of the proposed The rules of 26 CFR 601.601(a)(3) by Executive Order 12866 and has been
rule published at 47 FR 8466 is apply to the hearing. reviewed by OMB and approved for
removed. A period of 10 minutes is allotted to publication.
Dated: December 5, 2005. each person for presenting oral
Regulatory Flexibility Act of 1980 (5
Jeffrey Shuren, comments. The IRS will prepare an
U.S.C. 605(b))
Assistant Commissioner for Policy. agenda containing the schedule of
speakers. Copies of the agenda will be This regulatory action will not have a
[FR Doc. E5–7646 Filed 12–21–05; 8:45 am]
made available, free of charge, at the significant adverse impact on a
BILLING CODE 4160–01–S
hearing. substantial number of small entities.
Because of access restrictions, the IRS Unfunded Mandates Act of 1995 (Sec.
will not admit visitors beyond the 202, Pub. L. 104–4)
DEPARTMENT OF THE TREASURY immediate entrance area more than 30
minutes before the hearing starts. For This regulatory action does not
Internal Revenue Service contain a Federal mandate that will
information about having your name
placed on the building access list to result in the expenditure by State, local,
26 CFR Part 54 and tribal governments, in aggregate, or
attend the hearing, see the FOR FURTHER
[REG–138647–04] INFORMATION CONTACT section of this by the private sector of $100 million or
document. more in any 1 year. This rule making
RIN 1545–BE30
will not significantly or uniquely affect
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Guy R. Traynor, small governments.


Employer Comparable Contributions to
Acting Chief, Publications and Regulations
Health Savings Accounts Under Branch, Associate Chief Counsel, (Procedure Paperwork Reduction Act of 1995 (44
Section 4980G; Hearing and Administration). U.S.C. Chapter 35)
AGENCY: Internal Revenue Service (IRS), [FR Doc. E5–7650 Filed 12–21–05; 8:45 am] This regulatory action will not impose
Treasury. BILLING CODE 4830–01–P any additional reporting or

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Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules 75999

recordkeeping requirements under the accompanying the Armed Forces acts are crimes, and therefore criminally
Paperwork Reduction Act. outside the United States (U.S.). punishable, only under the law of the
(b) Implements section 3266 of the foreign country in which they occurred.
Federalism (Executive Order 13132) Act. See section 2 of Report Accompanying
This regulatory action does not have the Act. While the U.S. could impose
§ 153.2 Applicability and scope.
Federalism implications, as set forth in administrative discipline for such
Executive Order 13132. It will not have (a) This part applies to the Office of actions, the Act and this Part are
substantial direct effects on the States, the Secretary of Defense, the Military intended to address the jurisdictional
on the relationship between the national Departments (including the Coast Guard gap with respect to criminal sanctions.
government and the States, or on the by agreement with the Department of (d) Nothing in this part may be
distribution of power and Homeland Security when it is not construed to deprive a court-martial,
responsibilities among the various operating as a Service of the Department military commission, provost court, or
of the Navy), the Chairman of the Joint other military tribunal of concurrent
levels of government.
Chiefs of Staff, the Combatant jurisdiction with respect to offenders or
Public Law 96–354, ‘‘Regulatory Commands, the Inspector General of the offenses that by statute or the law of war
Flexibility Act’’ (5 U.S.C. Chapter 6) Department of Defense, the Defense may be tried by court-martial, military
Agencies, the DoD Field Activities, and commission, provost court, or other
It has been certified that this rule is
all other organizational entities within military tribunal (18 U.S.C. 3261(c)). In
not subject to the Regulatory Flexibility
the Department of Defense (hereafter
Act (5 U.S.C. 601) because it would not, some cases, conduct that violates
referred to collectively as ‘‘the DoD
if promulgated, have a significant section 3261(a) of the Act may also
Components’’). The term ‘‘Military
economic impact on a substantial violate the UCMJ, or the law of war
Services,’’ as used herein, refers to the
number of small entities. This rule generally. Therefore, for military
Army, the Navy, the Air Force, and the
establishes procedures for coordinating personnel, military authorities would
Marine Corps.
criminal jurisdiction matters between (b) Coast Guard. The Coast Guard have concurrent jurisdiction with a U.S.
the Department of Defense, Justice, and ordinarily operates as a separate branch District Court to try the offense. The Act
State that involve crimes committed by of the Armed Forces in the Department was not intended to divest the military
civilians employed by or accompanying of Homeland Security (DHS). However, of jurisdiction and recognizes the
the Armed Forces overseas. upon Presidential Directive, the Coast predominant interest of the military in
Guard operates as a Service within the disciplining its service members, while
List of Subjects in 32 CFR Part 153 still allowing for the prosecution of
Department of the Navy and becomes
Courts, Intergovernmental relations, part of the Department of Defense. By members of the Armed Forces with non-
Military personnel. agreement with the Secretary of the military co-defendants in a U.S. District
Accordingly, 32 CFR part 153 is Department of Homeland Security, Court under section 3261(d) of the Act.
proposed to be revised to read as when the Coast Guard is operating as a (e) This part, including its enclosures,
follows: separate Service within the DHS, this is intended exclusively for the guidance
part shall apply to the Coast Guard to of military personnel and civilian
PART 153—CRIMINAL JURISDICTION the extent permitted by the Act. employees of the Department of
OVER CIVILIANS EMPLOYED BY OR Whether a provision of this Instruction Defense, and of the United States Coast
ACCOMPANYING THE ARMED applies to a Coast Guard case is Guard by agreement with the
FORCES OUTSIDE THE UNITED determined by whether the Coast Guard Department of Homeland Security.
STATES, CERTAIN SERVICE is operating as a Service in the DHS or Nothing contained herein creates or
MEMBERS, AND FORMER SERVICE as a Service within the Department of extends any right, privilege, or benefit to
MEMBERS the Navy. any person or entity. See United States
(c) While some Federal criminal v. Caceres, 440 U.S. 741 (1979).
Sec.
153.1 Purpose.
statutes are expressly or implicitly § 153.3 Definitions.
153.2 Applicability and scope. extraterritorial, many acts described (a) Accompanying the Armed Forces
153.3 Definitions. therein are criminal only if they are Outside the United States. As defined in
153.4 Responsibilities. committed within ‘‘the special maritime section 3267 of the Act, the dependent
153.5 Procedures. and territorial jurisdiction of the United of:
Appendix A to Part 153—Guidelines States’’ or if they affect interstate or
Appendix B to Part 153—Acknowledgement
(1) A member of the Armed Forces; or
foreign commerce. Therefore, in most (2) A civilian employee of the
of Limited Legal Representative (Sample) instances, Federal criminal jurisdiction Department of Defense (including a non-
Authority: 18 U.S.C. Chapter 212. ends at the nation’s borders. State appropriated fund instrumentality of the
criminal jurisdiction, likewise, normally Department); or
§ 153.1 Purpose. ends at the boundaries of each State. (3) A DoD contractor (including a
This part: Because of these limitations, acts subcontractor at any tier); or
(a) Implements policies and committed by military personnel, (4) An employee of a DoD contractor
procedures, and assigns responsibilities former service members, and civilians (including a subcontractor at any tier);
under the Military Extraterritorial employed by or accompanying the and
Jurisdiction Act of 2000, as amended by Armed Forces in foreign countries, (5) Residing with such member,
section 1088 of the ‘‘Ronald W. Reagan which would be crimes if committed in civilian employee, contractor, or
National Defense Authorization Act for the U.S., often do not violate either contractor employee outside the United
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Fiscal Year 2005,’’ (hereinafter the Act) Federal or State criminal law. Similarly, States; and
for exercising extraterritorial criminal civilians are generally not subject to (6) Not a national of or ordinarily
jurisdiction over certain military prosecution under the Uniform Code of resident in the host nation.
personnel, former service members of Military Justice (UCMJ), unless Congress (b) Active Duty. Full-time duty in the
the United States Armed Forces, and had declared a ‘‘time of war’’ when the active military service of the United
over civilians employed by or acts were committed. As a result, these States. It includes full-time training

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duty, annual training duty, and authority, to the extent such (o) Inactive Duty Training. Duty
attendance, while in the active military employment relates to supporting the prescribed for Reservists by the
service, at a school designated as a mission of the Department of Defense Secretary of the Military Department
service school by law or by the overseas; or concerned under 37 U.S.C. 206, or any
Secretary of the Military Department (3) A contractor (including a other provision of law; and special
concerned. See 10 U.S.C. 101(d)(1). subcontractor at any tier) of the additional duties authorized for
(c) Armed Forces. The Army, the Department of Defense (including a non- Reservists by an authority designated by
Navy, the Air Force, the Marine Corps, appropriated fund instrumentality of the the Secretary of the Military Department
and the Coast Guard. See 10 U.S.C. Department of Defense); or concerned and performed by them on a
101(a)(4). (4) A contractor (including a voluntary basis in connection with the
(d) Arrest. To be taken into physical subcontractor at any tier) of any other prescribed training or maintenance
custody by law enforcement officials. Federal agency, or any provisional activities of the units to which they are
(e) Charged. As used in the Act and authority, to the extent such assigned. Inactive Duty Training
this part, this term is defined as an employment relates to supporting the includes those duties performed by
indictment or the filing of information mission of the Department of Defense Reservists in their status as members of
against a person under the Federal Rules overseas; or the National Guard while in Federal
of Criminal Procedure. See the analysis (5) An employee of a contractor service. See 10 U.S.C. 101(d)(7).
to Section 3264 of the Report (including a subcontractor at any tier) of (p) Juvenile. A person who has not
Accompanying the Act. the Department of Defense (including a attained his or her eighteenth birthday,
(f) Civilian Component. A person or non-appropriated fund instrumentality as defined in 18 U.S.C. 5031.
persons employed by the Armed Forces of the Department of Defense); or (q) Military Department. The
outside the United States, as defined in (6) An employee of a contractor Department of the Army, the
this section and section 3267(a)(1), as (including a subcontractor at any tier) of Department of the Navy, and the
amended, of the Act. A term used in any other Federal agency, or any Department of the Air Force. See 10
Status of Forces Agreements. provisional authority, to the extent such U.S.C. 101(a)(8).
(g) Dependent. A person for whom a employment relates to supporting the (r) National of the United States. As
member of the Armed Forces, civilian mission of the Department of Defense defined in 8 U.S.C. 1101(a)(22).
employee, contractor (or subcontractor overseas; and, when the person: (s) Outside the United States. Those
at any tier) has legal responsibility (i) Is present or resides outside the places that are not within the definition
while that person is residing outside the United States in connection with such of ‘‘United States’’ below and, with the
United States with or accompanying employment; and exception of subparagraph 7(9), those
that member of the Armed Forces, (ii) Is not a national of or ordinarily geographical areas and locations that are
civilian employee, contractor (or resident in the host nation. not within the special maritime and
subcontractor at any tier), and while (l) Federal Magistrate Judge. As used territorial jurisdiction of the United
that responsible person is so assigned, in the Act and this part, this term States, as defined in 18 U.S.C. 7. The
employed or obligated to perform a includes both Judges of the United locations defined in 18 U.S.C. 7(9) are
contractual obligation to the Department States and U.S. Magistrate Judges, titles to be considered ‘‘Outside the United
of Defense. For purposes of this part, a that, in general, should be given their States’’ for the purposes of this Part. See
person’s ‘‘command sponsorship’’ status respective meanings found in the 18 U.S.C. 3261–3267.
while outside the United States is not to Federal Rules of Criminal Procedure. (t) Qualified Military Counsel. Judge
be considered in determining whether (See footnote 32 of the Report to advocates assigned to or employed by
the person is a dependent within the Accompany H. R. 3380, House of the Military Services and designated by
meaning of this part, except that there Representatives Report 106–778, July the respective Judge Advocate General,
shall be a rebuttable presumption that a 20, 2000.) The term does not include or a designee, to be professionally
command-sponsored individual is a Military Magistrates or Military Judges, qualified and trained to perform defense
dependent. as prescribed by the UCMJ, or counsel responsibilities under the Act.
(h) Designated Commanding Officer regulations of the Military Departments (u) Staff Judge Advocate. A judge
(DCO). A single military commander in or the Department of Defense. advocate so designated in the Army, the
each foreign country where U.S. Forces (m) Felony Offense. Conduct that is an Air Force, the Marine Corps, or the
are stationed and as contemplated by offense punishable by imprisonment for Coast Guard; the principal legal advisor
DoD Directive 5525.1,1 Status of Forces more than one year if the conduct had of a command in the Navy who is a
Policy and Information. been engaged in the special maritime judge advocate, regardless of job title.
(i) Detention. To be taken into custody and territorial jurisdiction of the United See Rule for Courts-Martial 103(17),
by law enforcement officials and placed States. See sections 3261 of the Act and Manual for Courts-Martial, United
under physical restraint. 18 U.S.C. 7. Although the Act, uses the States (2002 Edition).
(j) District. A District Court of the conditional phrase ‘‘if committed within (v) Third Country National. A person
United States. the special maritime and territorial whose citizenship is that of a country
(k) Employed by the Armed Forces jurisdiction of the United States,’’ acts other than the U.S. and the foreign
Outside the United States. Any person that would be a Federal crime regardless country in which the person is located.
employed as: of where they are committed in the U.S., (w) United States. As defined in 18
(1) A civilian employee of the such as drug crimes contained in 21 U.S.C. 5, this term, as used in a
Department of Defense (including a non- U.S.C. chapter 13, also fall within the territorial sense, includes all places and
appropriated fund instrumentality of the scope of section 3261(a) of the Act. See waters, continental or insular, subject to
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Department); or the analysis to section 3261 of the the jurisdiction of the United States,
(2) A civilian employee of any other Report Accompanying the Act. except for the Panama Canal Zone.
Federal agency, or any provisional (n) Host Country National. A person
who is not a citizen of the United States, § 153.4 Responsibilities.
1 Copiesmay be obtained at http://www.dtic.mil/ but who is a citizen of the foreign (a) The General Counsel of the
whs/directives/. country in which that person is located. Department of Defense shall provide

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initial coordination and liaison with the designees, of an investigation of an district where venue for the case shall
Departments of Justice and State, on alleged violation of the Act. Such notice presumptively lie.
behalf of the Military Departments, shall be provided as soon as practicable. (4) Continue to serve as the primary
regarding a case for which investigation In turn, the General Counsel of the point of contact for DoD personnel
and/or Federal criminal prosecution Department of Defense, or designee, regarding all investigations that may
under the Act is contemplated. This shall be advised so as to ensure lead to criminal prosecutions and all
responsibility may be delegated entirely, notification of and consultation with the associated pretrial matters, until such
or delegated for categories of cases, or Departments of Justice and State time as DSS/DOJ advises that the case
delegated for individual cases. The regarding information about the has become the responsibility of a
General Counsel, or designee, shall potential case, including the host specific U.S. Attorney’s Office.
advise the Domestic Security Section of nation’s position regarding the case. At (e) The Commanders of the
the Criminal Division, Department of the discretion of the General Counsel of Combatant Commands shall:
Justice (DSS/DOJ), as soon as the Department of Defense, other (1) Assist the DSS/DOJ on specific
practicable, when DoD officials intend agencies and organizations (such as the cases occurring within the
to recommend that the DOJ consider the Legal Counsel to the Chairman of the Commander’s area of responsibility.
prosecution of a person subject to the Joint Chiefs of Staff and Secretary of the These responsibilities include providing
Act for offenses committed outside the Military Department that sponsored the available information and other support
United States. The Assistant Attorney person into the foreign country) shall be essential to an appropriate and
General, Criminal Division, Department informed, as appropriate. Effective successful prosecution under the Act
of Justice, has designated the Domestic investigations lead to successful with the assistance of the Commanders’
Security Section (DSS/DOJ) as the prosecutions and, therefore, these cases respective Staff Judge Advocates (or
Section responsible for the Act. warrant close coordination and Legal Advisors), or their designees, to
(b) The Inspector General of the cooperation between the Departments of the maximum extent allowed and
Department of Defense shall: Defense, Justice, and State. practicable.
(1) Pursuant to section 4(d) of the (2) Ensure command representatives
(2) Provide briefings to, and are made available, as necessary, to
Inspector General Act of 1978, as coordinate with, appropriate local law
amended (5 U.S.C. App. 3), ‘‘report participate in briefings of appropriate
enforcement authorities in advance or, if host nation authorities concerning the
expeditiously to the Attorney General not possible, as soon thereafter as is
whenever the Inspector General has operation of this Act and the
practicable, of investigations or arrests implementing provisions of this part.
reasonable grounds to believe there has in specific cases brought under the Act.
been a violation of Federal criminal (3) Determine when military necessity
If not previously provided to local law in the overseas theater requires a waiver
law.’’ This statutory responsibility is enforcement authorities, such briefings
generally satisfied once an official/ of the limitations on removal in section
about the case shall, at a minimum, 3264(a) of the Act and when the person
special agent of the Office of the describe the Host Nation’s position
Inspector General of the Department of arrested or charged with a violation of
regarding the exercise of jurisdiction the Act shall be moved to the nearest
Defense notifies either the cognizant under the Act that followed from any
Department of Justice representative or U.S. military installation outside the
briefings conducted pursuant to United States that is adequate to detain
the Assistant Attorney General appendix A of this part.
(Criminal Division) of the ‘‘reasonable the person and facilitate the initial
(d) The Domestic Security Section, proceedings prescribed in section
grounds.’’
(2) Pursuant to section 8(c)(5) of the Criminal Division, Department of Justice 3265(a) of the Act and this part. Among
Inspector General Act of 1978, as (DSS/DOJ) has agreed to: the factors to be considered are the
amended 5 U.S.C. App. 3), and 10 (1) Provide preliminary liaison with nature and scope of military operations
U.S.C. 141(b), ensure the the Department of Defense, coordinate in the area, the nature of any hostilities
responsibilities described in DoD initial notifications with other entities or presence of hostile forces, and the
Directive 5525.7,2 ‘‘Implementation of of the Department of Justice and Federal limitations of logistical support,
the Memorandum of Understanding law enforcement organizations; make available resources, appropriate
Between the Department of Justice and preliminary decisions regarding proper personnel, or the communications
the Department of Defense Relating to venue; designate the appropriate U.S. infrastructure necessary to comply with
the Investigation and Prosecution of Attorney’s Office; and coordinate the the requirements of section 3265 of the
Certain Crimes,’’ January 22, 1985,3 to further assignment of DOJ Act governing initial proceedings.
implement the investigative policies, responsibilities. (4) Annually report to the General
monitor compliance by DoD criminal (2) Coordinate with the designated Counsel of the Department of Defense,
investigative organizations, and provide U.S. Attorney’s office arrangements for by the last day of February for the
specific guidance regarding a Federal Magistrate Judge to preside immediately preceding calendar year,
investigative matters, as appropriate are over the initial proceedings required by all cases involving the arrest of persons
satisfied relative to violations of the the Act. Although the assignment of a for violations of the Act; persons placed
Military Extraterritorial Jurisdiction Act particular Federal Magistrate Judge shall in temporary detention for violations of
of 2000. ordinarily be governed by the the Act; the number of requests for
(c) The Heads of Military Law jurisdiction where a prosecution is Federal prosecution under the Act, and
Enforcement Organizations and Military likely to occur, such an assignment does the decisions made regarding such
Criminal Investigative Organizations, or not determine the ultimate venue of any requests.
Their Designees shall: prosecution that may be undertaken. (5) Determine the suitability of the
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(1) Advise the Commander and Staff Appropriate venue is determined in locations and conditions for the
Judge Advocate (or Legal Advisor) of the accordance with the requirements of 18 temporary detention of juveniles who
Combatant Command concerned, or U.S.C. 3238. commit violations of the Act within the
(3) Coordinate the assistance to be Commander’s area of responsibility. The
2 See footnote 1 to § 153.3(h). provided the Department of Defense conditions of such detention must, at a
3 See footnote 1 to § 153.3(h). with the U.S. Attorney’s office in the minimum, meet the following

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requirements: Juveniles alleged to be to be, employed by or accompanying the without the requirement that the
delinquent shall not be detained or Armed Forces outside the United States, conduct be committed within such
confined in any institution or facility in including their dependents, and include geographical limits. See section 1 of the
which the juvenile has regular contact information that such persons are Section-By-Section Analysis and
with adult persons convicted of a crime potentially subject to the criminal Discussion to section 3261 in the
or awaiting trial on criminal charges; jurisdiction of the United States under ‘‘Report Accompanying the Act.’’
insofar as possible, alleged juvenile the Act. (2) Persons Subject to This Part. This
delinquents shall be kept separate from (i) For members of the Armed Forces, part applies to certain military
adjudicated delinquents; and every civilian employees of the Department of personnel, former military service
juvenile in custody shall be provided Defense and civilians accompanying the members, and persons employed by or
adequate food, heat, light, sanitary Armed Forces overseas, notice and accompanying the Armed Forces
facilities, bedding, clothing, recreation, briefings on the applicability of the Act outside the United States, and their
and medical care, including necessary shall, at a minimum, be provided to dependents, as those terms are defined
psychiatric, psychological, or other care them and their dependents when travel in § 153.3 of this part, alleged to have
and treatment. orders are issued and, again, upon their committed an offense under the Act
(6) As appropriate, promulgate arrival at command military while outside the United States. For
regulations consistent with and installations or place of duty outside the purposes of the Act and this part,
implementing this part. The Combatant United States. persons employed by or accompanying
Commander’s duties and (ii) For civilian employees, the Armed Forces outside the U.S. are
responsibilities pursuant to this part contractors (including subcontractors at subject to the ‘‘military law’’ of the U.S.,
may be delegated. any tier), and employees of contractors but only to the extent to which this term
(f) The Secretaries of the Military (including subcontractors at any tier) of has been used and its meaning and
Departments shall: (1) Consistent with any other Federal agency, or any scope have been understood within the
the provisions of paragraph (c) of this provisional authority, permit such context of a SOFA or any other similar
section, make provision for defense persons to attend the above-referenced form of international agreement.
counsel representation at initial briefings on a voluntary basis. In (3) Military Service Members. Military
proceedings conducted outside the addition, to the maximum extent service members subject to the Act’s
United States pursuant to the Act for practicable, make available to jurisdiction are:
those persons arrested or charged with representatives of such other Federal (i) Only those active duty service
violations of section 3261(a) of the Act. agencies or provisional authorities such members who, by Federal indictment or
(2) Issue regulations establishing notice and briefing materials as is information, are charged with
procedures that, to the maximum extent provided to civilian employees, committing an offense with one or more
practicable, provide notice to all contractors, and contractor employees of defendants, at least one of whom is not
persons covered by the Act who are not the Department of Defense overseas. subject to the UCMJ. See section
nationals of the United States but who (4) Failure to provide notice or 3261(d)(2) of the Act.
are employed by or accompanying the orientation training pursuant to (ii) Members of a Reserve component
Armed Forces outside the United States, paragraphs (f)(2) and (f)(3) of this with respect to an offense committed
with the exception of individuals who section shall not create any rights or while the member was not on active
are nationals of or ordinarily resident in privileges in the persons referenced and duty or inactive duty for training (in the
the host nation, that they are potentially shall not operate to defeat the case of members of the Army National
subject to the criminal jurisdiction of jurisdiction of a court of the United Guard of the United States or the Air
the United States under the Act. At a States or provide a defense or other National Guard of the United States,
minimum, such regulations shall remedy in any proceeding arising under only when in Federal service), are not
require that employees and persons the Act or this part. subject to UCMJ jurisdiction for that
accompanying the Armed Forces (5) Provide training to personnel who offense and, as such, are amenable to
outside the United States, who are not are authorized under the Act and the Act’s jurisdiction without regard to
nationals of the United States, be designated pursuant to this part to make the limitation of section 3261(d)(2) of
informed of the jurisdiction of the Act arrests outside the United States of the Act.
at the time that they are hired for persons who allegedly committed a (4) Former Military Service Members.
overseas employment, or upon violation of section 3261(a) of the Act. Former military service members
sponsorship into the overseas The training, at a minimum, shall subject to the Act’s jurisdiction are:
command, whichever event is earlier include the rights of individuals subject (i) Former service members who were
applicable. Such notice shall also be to arrest. subject to the UCMJ at the time the
provided during employee training and alleged offenses were committed, but
any initial briefings required for these § 153.5 Procedures. are no longer subject to the UCMJ with
persons when they first arrive in the (a) Applicability. (1) Offenses and respect to the offense due to their
foreign country. For employees and Punishments. Section 3261(a) of the Act release or separation from active duty.
persons accompanying the Armed establishes a separate Federal offense (ii) Former service members, having
Forces outside the United States who under 18 U.S.C. for an act committed been released or separated from active
are not nationals of the United States, outside the United States that would be duty, who thereafter allegedly commit
but who have already been hired or are a felony crime as if such act had been an offense while in another qualifying
present in the overseas command at the committed within the special maritime status, such as while a civilian
time this part becomes effective, such and territorial jurisdiction of the United employed by or accompanying the
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notice shall be provided within 60 days States, as defined in 18 U.S.C. 7. Armed Forces outside the United States,
of the effective date of this part. Charged as a violation of section 3261(a) or while the dependent of either or of
(3) Ensure that orientation training, as of the Act, the elements of the offense a person subject to the UCMJ.
described in paragraph (f)(2) of this and maximum punishment are the same (5) Civilians Employed by the Armed
section, is also provided for all U.S. as the crime committed within the Forces. Civilian employees employed by
nationals who are, or who are scheduled geographical limits of 18 U.S.C. 7, but the U.S. Armed Forces outside the

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United States (as defined in § 153.3), (iv) If the dependent is a juvenile, as charges that the member committed the
who commit an offense under the Act defined in § 153.3, who engaged in offense with one or more other
while present or residing outside the conduct that is subject to prosecution defendants, at least one of whom is not
U.S. in connection with such under section 3261(a) of the Act, then subject to the UCMJ. A member of a
employment, are subject to the Act and the provisions of 18 U.S.C. chapter 403 Reserve component who is subject to
the provisions of this part. Such civilian would apply to U.S. District Court the UCMJ at the time the UCMJ offense
employees include: prosecutions. was committed is not relieved from
(i) Persons employed by the (7) Persons Not Subject to the Act or amenability to UCMJ jurisdiction for
Department of Defense (including a non- the Procedures of This Part. (i) Persons that offense. Such reserve component
appropriated fund instrumentality of the who are the nationals of, or ordinarily members are not subject to the Act
Department of Defense). resident in, the host nation where the unless section 3261(d)(2) of the Act
(ii) Persons employed as a DoD offense is committed, regardless of their applies. Retired members of a regular
contractor (including a subcontractor at employment or dependent status. component who are entitled to pay
any tier). (ii) Persons, including citizens of the remain subject to the UCMJ after retiring
(iii) Employees of a DoD contractor United States, whose presence outside from active duty. Such retired members
(including a subcontractor at any tier). the United States at the time the offense are not subject to prosecution under the
(iv) Civilian employees, contractors is committed, is not then as a member Act unless section 3261(d)(2) of the Act
(including subcontractors at any tier), of the Armed Forces, a civilian applies.
and civilian employees of a contractor employed by the Armed Forces outside (vi) Whether Coast Guard members
(or subcontractor at any tier) of any the United States, or accompanying the and civilians employed by or
other Federal agency, or any provisional Armed Forces outside the United States. accompanying the Coast Guard outside
authority, to the extent such (A) Persons (including members of a the United States, and their dependents,
employment relates to supporting the Reserve component) whose presence are subject to the Act and this part
mission of the Department of Defense outside the United States at the time the depends on whether at the time of the
overseas. offense is committed, is solely that of a offense the Coast Guard was operating
(6) Civilians Accompanying the tourist, a student, or a civilian employee as a separate Service in the Department
Armed Forces. Subject to the or civilian accompanying any other non- of Homeland Security or as a Service in
requirements of paragraph (a)(6)(ii) of federal agency, organization, business, the Department of the Navy.
this section, the following persons are or entity (and thereby can not be said to (8) Persons Having a Tenuous Nexus
civilians accompanying the Armed be employed by or accompanying the to the United States. Third Country
Forces outside the United States who Armed Forces within the definitions of Nationals who are not ordinarily
are covered by the Act and the those terms as established by the Act, as resident in the host nation, and who
provisions of this part: modified) are not subject to the Act. meet the definition of ‘‘a person
(i) Dependents of: Civilian employees of an agency, accompanying the Armed Forces
(A) An active duty service member. organization, business, or entity outside the United States,’’ may have a
(B) A member of the reserve accompanying the Armed Forces nexus to the United States that is so
component while the member was on outside the U.S. may, by virtue of the tenuous that it places into question
active duty or inactive duty for training, agency, organization, business, or entity whether the Act’s jurisdiction should be
but in the case of members of the Army applied and whether such persons
relationship with the Armed Forces, be
National Guard of the United States or should be subject to arrest, detention,
subject to the Act and this part.
the Air National Guard of the United (B) Persons who are subject to the Act and prosecution by U.S. authorities.
States, only when in Federal service. and this part remain so while present, Depending on the facts and
(C) A former service member who is
on official business or otherwise (e.g., circumstances involved, and the
employed by or is accompanying the
performing temporary duty or while in relationship or connection of the foreign
Armed Forces outside the United States.
(D) A civilian employee of the leave status), in a foreign country other national with the U.S. Armed Forces, it
Department of Defense (including non- than the foreign country to which the may be advisable to consult first with
appropriated fund instrumentalities of person is regularly assigned, employed, the DSS/DOJ before taking action with
the Department of Defense). or accompanying the Armed Forces a view toward prosecution. In addition,
(E) A contractor (including a outside the United States. to facilitate consultation with the
subcontractor at any tier) of the (iii) Persons who have recognized government of the nation of which the
Department of Defense. dual citizenship with the United States Third Country National is a citizen, the
(F) An employee of a contractor and who are the nationals of, or State Department should be notified of
(including a subcontractor at any tier) of ordinarily resident in, the host nation any potential investigation or arrest of a
the Department of Defense. where the alleged conduct took place Third Country National.
(ii) In addition to the person being the are not persons ‘‘accompanying the (b) Investigation, Arrest, Detention,
dependent of a person who is listed in Armed Forces outside the United and Delivery of Persons to Host Nation
paragraph (a)(6)(i) of this section, States’’ within the meaning of the Act Authorities. (1) Investigation. (i)
jurisdiction under the Act requires that and this part. Investigations of conduct reasonably
the dependent also: (iv) Juveniles whose ages are below believed to constitute a violation of the
(A) Reside with one of the persons the minimum ages authorized for the Act committed outside the United States
listed in paragraph (a)(6)(i). prosecution of juveniles in U.S. District must respect the sovereignty of the
(B) Allegedly commit the offense Court under the provisions of 18 U.S.C. foreign nation in which the
while outside the United States; and chapter 403. investigation is conducted. Such
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(C) Not be a national of, or ordinarily (v) Persons subject to the UCMJ (See investigations shall be conducted in
resident in, the host nation where the 10 U.S.C. 802 and 803) are not subject accordance with recognized practices
offense is committed. to prosecution under the Act unless, with host nation authorities and
(iii) Command sponsorship of the pursuant to section 3261(d) of the Act, applicable international law, SOFA and
dependent is not required for the Act the member ceases to be subject to the other international agreements. After
and this part to apply. UCMJ or an indictment or information general coordination with appropriate

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host nation authorities, as referenced in information obtained, an individual’s accomplished through the use of
Appendix A of this part, specific last known residence in the United facsimile or other means of electronic
investigations shall, to the extent States shall be determined and communication.
practicable, be coordinated with forwarded promptly to the DSS/DOJ and (3) Notice of Complaint or Indictment.
appropriate local law enforcement the designated U.S. Attorney Upon receipt of information from
authorities, unless not required by representative. See Pennsylvania v. command authorities or Defense
agreement with host nation authorities. Muniz, 496 U.S. 582, at 601 (1990) and Criminal Investigation Organizations
(ii) When a Military Criminal United States v. D’Anjou, 16 F.3d 604 (the Defense Criminal Investigation
Investigative Organization is the lead (4th Cir. 1993). The information is Service, the Army’s Criminal
investigative organization, the criminal necessary to assist in determining what Investigation Command, the Naval
investigator, in order to assist DSS/DOJ law enforcement authorities and Criminal Investigative Service, and the
and the designated U.S. Attorney providers of pretrial services, including Air Force Office of Special
representative in making a preliminary those who issue probation reports, shall Investigations) that a person subject to
determination of whether the case ultimately have responsibility for any jurisdiction under this Act has violated
warrants prosecution under the Act, case that may develop. Determination of section 3261(a), the U.S. Attorney for
shall provide a copy of the Investigative the individual’s ‘‘last known address’’ the District in which there would be
Report, or a summary thereof, to the in the United States is also important in venue for a prosecution may, if satisfied
Office of the Staff Judge Advocate of the determining what Federal district would that probable cause exists to believe that
Designated Commanding Officer (DCO) be responsible for any possible future a crime has been committed and that the
at the location where the offense was criminal proceedings. person identified has committed this
committed for review and transmittal, (i) Due to the venue provisions of 10 crime, file a complaint under Federal
through the Combatant Commander, to U.S.C. 3238, the DSS/DOJ and the Rule of Criminal Procedure 3. As an
the DSS/DOJ and the designated U.S. designated U.S. Attorney representative alternative, the U.S. Attorney may seek
Attorney representative. The Office of shall be consulted prior to removal of the indictment of the person identified.
the Staff Judge Advocate shall also persons arrested or charged with a In either case, a copy of the complaint
furnish the DSS/DOJ and the designated violation of the Act by U.S. law or indictment shall be provided to the
U.S. Attorney representative an affidavit enforcement officials. The venue for Office of the Staff Judge Advocate of the
or declaration from the criminal Federal criminal jurisdiction over overseas command that reported the
investigator or other appropriate law offenses committed on the high seas or offense. The DSS/DOJ and the
enforcement official that sets forth the elsewhere beyond the jurisdiction of a designated U.S. Attorney representative
probable cause basis for believing that a particular State or District (as would be will ordinarily be the source from which
violation of the Act has occurred and required under the Act), is in the the command’s Staff Judge Advocate is
that the person identified in the Federal district in which the offender is able to obtain a copy of any complaint
affidavit or declaration has committed arrested or first brought. However, if the or indictment against a person outside
the violation. individual is not so arrested in or the United States who is subject to the
(iii) When the Defense Criminal brought into any Federal district in the jurisdiction under the Act. This may be
Investigative Service (DCIS) is the lead United States (i.e., is to be indicted, or accomplished through the use of
investigative organization, the criminal an information obtained, prior to the facsimile or other means of electronic
investigator, in order to assist the DSS/ individual’s return to the United States), communication.
DOJ and the designated U.S. Attorney then an indictment or information may (4) Arrest. (i) Federal Rule of Criminal
representative in making a preliminary be sought in the district of the person’s Procedure 4 takes the jurisdiction of the
determination of whether the case last known residence. If no such Act into consideration in stating where
warrants prosecution under the Act, residence is known, the indictment or arrest warrants may be executed:
shall provide a copy of the Investigative information may be filed in the District ‘‘Location. A warrant may be executed,
Report, or a summary thereof, to the of Columbia. or a summons served, within the
DSS/DOJ and the designated U.S. (ii) ‘‘First brought’’ connotes the jurisdiction of the United States or
Attorney representative. The criminal location within the U.S. to which the anywhere else a federal statute
investigator shall also furnish the DSS/ person is returned in a custodial status. authorizes an arrest.’’ The Advisory
DOJ and the designated U.S. Attorney (iii) ‘‘Last known residence’’ refers to Committee Note explains that the new
representative, an affidavit or that U.S. location where the person language reflects the enactment of the
declaration that sets forth the probable lived or resided. It is not necessarily the Military Extraterritorial Jurisdiction Act
cause basis for believing that a violation same as the person’s legal domicile or permitting arrests of certain military and
of the Act has occurred and that the home of record. Department of Defense personnel
person identified in the affidavit or (iv) Prompt transmittal of venue overseas.
declaration has committed the violation. information to the DSS/DOJ and the (ii) The Act specifically authorizes
Within the parameters of 5 U.S.C. App designated U.S. Attorney representative persons in DoD law enforcement
3, the Inspector General may also notify in the United States may prove helpful positions, as designated by the Secretary
the General Counsel of the Department in determining whether a particular case of Defense, to make arrests outside the
of Defense and the DCO’s Office of the may be prosecuted, and may ultimately United States, upon probable cause and
Staff Judge Advocate at the location be a pivotal factor in determining in accordance with recognized practices
where the offense was committed, as whether the host nation or the U.S. shall with host nation authorities and
appropriate. exercise its jurisdiction over the matter. applicable international agreements,
(2) Residence Information. To the (v) The Investigative Report, and any those persons subject to the Act who
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extent that it can be determined from an affidavit or declaration, as well as all violate section 3261(a) of the Act.
individual’s personnel records, travel other documents associated with a case Section 3262(a) of the Act constitutes
orders into the overseas theater, shall be transmitted promptly by the authorization by law to conduct such
passport, or other records, or by command Staff Judge Advocate to the functions pursuant to 10 U.S.C. 801–946
questioning upon arrest or detention, as DSS/DOJ and the designated U.S. and therefore avoids possible
part of the routine ‘‘booking’’ Attorney representative. This may be restrictions of the Posse Comitatus Act

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regarding military personnel supporting (vii) The foregoing authorization to prisoners and members of the Armed
civilian law enforcement agencies. DoD law enforcement personnel to Forces who are in pretrial confinement
(iii) When the host nation has arrest persons subject to 18 U.S.C. pending trial by courts-martial.
interposed no objections after becoming chapter 212, for violations of the Act is (C) Separate temporary detention
aware of the Act, arrests in specific not intended as a limitation upon the areas shall be used for male and female
cases shall, to the extent practicable, be authority of other Federal law detainees.
first coordinated with appropriate local enforcement officers to effect arrests (D) Generally, juveniles should not be
law enforcement authorities, unless not when authorized to do so. (e.g., see 18 ordered into temporary detention.
required by agreement with host nation U.S.C. 3052 authorizing agents of the However, should circumstances warrant
authorities. Federal Bureau of Investigation to make temporary detention, the conditions of
(iv) Military and civilian special arrests ‘‘for any felony cognizable under such temporary detention must, at a
agents assigned to the Defense Criminal the laws of the United States, 21 U.S.C. minimum, meet the following
Investigative Organizations are hereby 878(a)(3) for the same authority for Drug requirements: Juveniles alleged to be
authorized by the Secretary of Defense Enforcement Administration agents, and delinquent shall not be detained or
to make an arrest, outside the United 18 U.S.C. 3053 for the same authority confined in any institution or facility in
States, of a person who has committed for U.S. Marshals and their deputies.) which the juvenile has regular contact
an offense under section 3261(a) of the (5) Temporary Detention. (i) The with adult persons convicted of a crime
Act. Civilian special agents assigned to Commander of a Combatant Command, or awaiting trial on criminal charges;
Defense Criminal Investigative or designee, may order the temporary insofar as possible, alleged juvenile
Organizations while performing duties detention of a person, within the delinquents shall be kept separate from
outside the U.S. shall make arrests Commander’s area of responsibility adjudicated delinquents; and every
outside the United States, who is juvenile in custody shall be provided
consistent with the standardized
arrested or charged with a violation of with adequate food, heat, light, sanitary
guidelines established for such agents,
the Act. The Commander of the facilities, bedding, clothing, recreation,
as approved in accordance with 10
Combatant Command, or designee, may and medical care, including necessary
U.S.C. 1585a, 4027, 7480, and 9027.
determine that a person arrested need psychiatric, psychological, or other care
(v) Military personnel and DoD and treatment. Appointment of a
not be held in custody pending the
civilian employees (including local guardian ad litem may be required
commencement of the initial
nationals, either direct hire or indirect under 18 U.S.C. 5034 to represent the
proceedings required by section 3265 of
hire) assigned to security forces, interests of the juvenile when the
the Act and paragraph (d) of this
military police, shore patrol, or provost juvenile’s parents are not present or
section. The Commander of the
offices at military installations and other when the parents’ interests may be
Combatant Command may designate
facilities located outside the United adverse to that of the juvenile.
those component commanders or DCO
States are also authorized to make an commanders who are also authorized to (iii) Persons arrested or charged with
arrest, outside the United States, of a order the temporary detention of a a violation of the Act, upon being
person who has committed an offense person, within the commanding officer’s ordered into temporary detention and
under section 3261(a) of the Act. This area of responsibility outside the United processed into the detention facility,
authority includes similarly-assigned States, who is arrested or charged with shall, as part of the processing
members of the Coast Guard law a violation of the Act. procedures, be required to provide the
enforcement community, but only when (ii) A person arrested may be location address of their last U.S.
the Coast Guard is operating at such temporarily detained in military residence as part of the routine booking
locations as a Service of the Department detention facilities for a reasonable questions securing ‘‘biographical data
of the Navy. period, in accordance with regulations necessary to complete booking or
(vi) Law enforcement personnel thus of the Military Departments and subject pretrial services.’’ See United States v.
designated and authorized by the to the following: D’Anjou, 16 F.3d 604 (4th Cir.1993).
Secretary of Defense in this part may (A) Temporary detention should be This information shall be recorded in
arrest a person, outside the United ordered only when a serious risk is the detention documents and made
States, who is suspected of committing believed to exist that the person shall available to the DCO’s Office of the Staff
a felony offense in violation of section flee and not appear, as required, for any Judge Advocate. This information shall
3261(a) of the Act, when the arrest is pretrial investigation, pretrial hearing or be forwarded with other case file
based on probable cause to believe that trial proceedings, or the person may information, including affidavits in
such person violated section 3261(a) of engage in serious criminal misconduct support of probable cause supporting
the Act, and when made in accordance (e.g., the intimidation of witnesses or the arrest and detention, to the DSS/
with applicable international other obstructions of justice, causing DOJ. The information is provided so
agreements. Because the location of the injury to others, or committing other that the DSS/DOJ may make appropriate
offense and offender is outside the offenses that pose a threat to the safety preliminary decisions about venue. See
United States, it is not normally of the community or to the national paragraph (b)(2) of this section.
expected that the arrest would be based security of the United States). The (A) Notice of the temporary detention
on a previously-issued Federal arrest decision as to whether temporary of any person for a violation of the Act
warrant. Law enforcement personnel detention is appropriate shall be made shall be forwarded through command
authorized to make arrests shall follow on a case-by-case basis. 18 U.S.C. 3142 channels, without unnecessary delay, to
the Secretaries of the Military provides additional guidance regarding the Combatant Commander, who shall
Departments’ guidelines for making conditions on release and factors to be advise the General Counsel of the
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arrests without a warrant, as prescribed considered. Department of Defense, as the


by 10 U.S.C. 1585a, 4027, 7480, and (B) A person arrested or charged with representative of the Secretary of
9027. Authorizations issued by military a violation of the Act who is to be Defense, of all such detentions. At the
magistrates under the UCMJ may not be detained temporarily shall, to the extent discretion of the General Counsel of the
used as a substitute for Federal arrest practicable, be detained in areas that Department of Defense, other agencies
warrant requirements. separate them from sentenced military and organizations (such as the Legal

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Counsel to the Chairman of the Joint (C) Attendance at Initial Proceedings Act has been placed in temporary
Chiefs of Staff and Secretary of the conducted under section 3265 of the detention, in the absence of a Criminal
Military Department that sponsored the Act. Complaint or Indictment pursuant to the
person into the foreign country) shall be (D) Delivery under the Act to the Federal Rules of Criminal Procedure,
informed, as appropriate. custody of U.S. civilian law only the Commander who initially
(B) Such notice shall include a enforcement authorities for removal to ordered detention, or a superior
summary of the charges, facts and the United States. Commander, or a Federal Magistrate
circumstances surrounding the offenses, (iii) A person who requires the Judge, may order the release of the
information regarding any applicable continued exercise of custody and detained person. If a Criminal
SOFA or other international agreements transportation to appointments and Complaint or Indictment exists, or if a
affecting jurisdiction in the case, and locations away from the detention Federal Magistrate Judge orders the
the reasons warranting temporary facility, including delivery of the person person detained, only a Federal
detention. to host nation officials under section Magistrate Judge may order the release
(iv) If military command authorities at 3263 of the Act, may be transferred of the person detained. If a Federal
the military installation outside the under the custody of command Magistrate Judge orders the person
United States intend to request a authorities or those law enforcement temporarily detained to be released from
person’s detention by order of the officers authorized to make arrests in detention, the Commander who ordered
Federal Magistrate Judge, the military paragraphs (b)(4)(iv) and (b)(4)(v) of this detention, or a superior Commander,
representative assigned to the case shall section. Transportation of a detainee shall cause the person to be released.
gather the necessary information setting outside an installation shall be When a person is released from
forth the reasons in support of a motion coordinated with the host nation’s local detention under this provision, the
to be brought by the attorney law enforcement, as appropriate and in Commander shall implement, to the
representing the government at the accordance with recognized practices. extent practicable within the
initial proceeding conducted pursuant (iv) Military authorities retain commander’s authority, any conditions
to section 3265 of the Act. responsibility for the custody and on liberty directed in the Federal
(v) This part is not intended to transportation of a person arrested or Magistrate Judge’s order. When the
eliminate or reduce existing obligations charged with a violation of the Act who commander who independently ordered
or authorities to detain persons in is to be removed from one military the person’s temporary detention
foreign countries as required or installation outside the United States to without reliance on a Federal Magistrate
permitted by agreements with host another military installation outside the Judge’s order, or a superior commander,
countries. See generally, United States United States, including when the orders a person’s release before a
v. Murphy, 18 M.J. 220 (CMA 1984). person is transferred under the Federal Magistrate Judge is assigned to
(6) Custody and Transport of Persons provisions of section 3264(b)(5) of the review the matter, the commander may,
While in Temporary Detention. (i) The Act. Unless otherwise agreed to between within the commander’s authority,
Department of Defense may only take the sending and receiving commands, it place reasonable conditions upon the
custody of and transport the person as shall be the responsibility of the sending person’s release from detention.
specifically set forth in the Act. This is command to make arrangements for the (i) A person’s failure to obey the
limited to delivery as soon as person’s transportation and custody conditions placed on his or her release
practicable to the custody of U.S. during the transport or transfer to the from detention, in addition to subjecting
civilian law enforcement authorities for receiving command. that person to the commander’s, or
removal to the United States for judicial (v) In coordination with appropriate Federal Magistrate Judge’s order to be
proceedings; delivery to appropriate host nation authorities, U.S. civilian law returned to detention, may consistent
authorities of the foreign country in enforcement authorities shall be with the commander’s authority and
which the person is alleged to have responsible for taking custody of a applicable policy, laws, and regulations,
committed the violation of section person arrested or charged with a subject the person to potential criminal
3261(a) of the Act in accordance with violation of the Act and for the removal sanctions, or to administrative
section 3263; or, upon a determination of that person to the United States for procedures leading to a loss of
by the Secretary of Defense, or the any pretrial or trial proceedings. DoD command sponsorship to the foreign
Secretary’s designee, that military officials shall consult with the DSS/DOJ country, as well as the possibility of
necessity requires it, removal to the to determine which civilian law additional disciplinary or adverse
nearest U.S. military installation outside enforcement authority (i.e., U.S. action.
the United States adequate to detain the Marshals Service, Federal Bureau of (ii) A copy of all orders issued by a
person and to facilitate the initial Investigation, Drug Enforcement Federal Magistrate Judge concerning
appearance described in 3265(a) of the Agency, or other Federal agency) shall initial proceedings, detention,
Act. dispatch an officer to the overseas’ conditions on liberty, and removal to
(ii) Responsibility for a detained detention facility to assume custody of the United States shall promptly be
person’s local transportation, escort, and the person for removal to the United provided to the Commander of the
custody requirements remains with the States. Until custody of the person is Combatant Command concerned and
command that placed the person in delivered to such U.S. civilian law the Commander of the detention facility
temporary detention for a violation of enforcement authorities, military at which the person is being held in
section 3261(a) of the Act. This authorities retain responsibility for the temporary detention.
responsibility includes: custody and transportation of the person (8) Delivery of Persons to Host Nation
(A) Attendance at official proceedings arrested or charged with a violation of Authorities. (i) Persons arrested may be
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and other required health and welfare the Act, to include transportation within delivered to the appropriate authorities
appointments (e.g., appointments with the host nation to help facilitate the of the foreign country in which the
counsel, medical and dental removal of the person to the United person is alleged to have violated
appointments, etc.). States under the Act. section 3261(a) of the Act, when:
(B) Delivery to host nation officials (7) Release From Temporary (A) Authorities of a foreign country
under section 3263 of the Act. Detention. When a person subject to the request that the person be delivered for

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trial because the conduct is also a (c) Representation. (1) Civilian for this purpose, if resources permit,
violation of that foreign country’s laws, Defense Counsel. (i) Civilian defense and if such systems are not otherwise
and counsel representation shall not be at unavailable due to military mission
(B) Delivery of the person is the expense of the Department of requirements. When these capabilities
authorized or required by treaty or Defense or the Military Departments. are not reasonably available, the
another international agreement to (ii) The Act contemplates that a proceedings shall be conducted by
which the United States is a party. person arrested or charged with a telephone or such other means that
(ii) Coast Guard personnel authorized violation of the Act shall be represented enables voice communication among
to make arrests pursuant to paragraph by a civilian attorney licensed to the participants. See section 3265 of the
(b)(4)(v) of this section are also practice law in the United States. Act.
authorized to deliver persons to foreign However, it is also recognized that in (D) The above provisions regarding
country authorities, as provided in several host nations where there has the use of teleconference
section 3263 of the Act. been a long-standing military presence, communication systems apply to any
(iii) Section 3263(b) of the Act calls qualified civilian attorneys (including detention proceedings that are
upon the Secretary of Defense, in lawyers who are U.S. citizens) have conducted outside the United States
consultation with the Secretary of State, established law practices in these host under section 3265(b) of the Act.
to determine which officials of a foreign nations to assist assigned U.S. personnel (E) Civilian defense counsel
country constitute appropriate and to represent service members in practicing in host nations do not gain
authorities to which persons subject to courts-martial, or before host nation Department of Defense sponsorship, nor
the Act may be delivered. For purposes courts. With the consent of the person any diplomatic status, as a result of their
of the Act, those authorities are the arrested or charged with a violation of role as defense counsel. To the extent
same foreign country law enforcement the Act who wishes to remain in the practicable, notice to this effect shall be
authorities as are customarily involved foreign country, these lawyers can provided to the civilian defense counsel
in matters involving foreign criminal provide adequate representation for the when the civilian defense counsel’s
jurisdiction under an applicable SOFA limited purpose of any initial identity is made known to appropriate
or other international agreement or proceedings required by the Act. When military authorities.
arrangement between the United States the person entitled to an attorney or (2) Qualified Military Counsel. (i)
and the foreign country. requests counsel, staff judge advocates Counsel representation also includes
(iv) No action may be taken under this at such locations should assemble a list qualified military counsel that the Judge
part with a view toward the prosecution of local civilian attorneys for the Advocate General of the Military
of a person for a violation of the Act if person’s consideration. The list shall Department concerned determines is
a foreign government, in accordance contain a disclaimer stating that no reasonably available for the purpose of
with jurisdiction recognized by the endorsement by the United States providing limited representation at
United States, has prosecuted or is government or the command is initial proceedings required by the Act
prosecuting such person for the conduct expressed or implied by the presence of and conducted outside the United
constituting such offense(s), except an attorney’s name on the list. States. By agreement with the
upon the approval of the Attorney (A) To the extent practicable, military Department of Homeland Security,
General or the Deputy Attorney General authorities shall establish procedures by Coast Guard commands and activities
(or a person acting in either such which persons arrested or charged with located outside the United States shall
capacity). See section 3261(b) of the Act. a violation of the Act may seek the seek to establish local agreements with
Requests for an exception shall be assistance of civilian defense counsel by military commands for qualified
written and forwarded to the Combatant telephone. Consultation with such military counsel from the Military
Commander. The Combatant civilian counsel shall be in private and Departments to provide similar limited
Commander shall forward the request to protected by the attorney-client representation in cases arising within
the General Counsel of the Department privilege. the Coast Guard. The Secretaries of the
of Defense, as representative for the (B) Civilian defense counsel, at no Military Departments shall establish
Secretary of Defense, for review and expense to the Department of Defense, regulations governing representation by
transmittal to the Attorney General of shall be afforded the opportunity to qualified military counsel. These
the United States. At the discretion of participate personally in any initial regulations, at a minimum, shall require
the General Counsel of the Department proceedings required by the Act that are that the command’s Staff Judge
of Defense, other agencies and conducted outside the United States. Advocate:
organizations (such as the Legal Counsel When civilian defense counsel cannot (ii) Prepare, update as necessary, and
to the Chairman of the Joint Chiefs of reasonably arrange to be personally make available to a Federal Magistrate
Staff and the Secretary of the Military present for such representation, Judge upon request, a list of qualified
Department that sponsored the person alternative arrangements shall be made military counsel who are determined to
into the foreign country) shall be for counsel’s participation by telephone be available for the purpose of providing
informed, as appropriate. or by such other means that enables limited representation at initial
(v) Except for persons to be delivered voice communication among the proceedings.
to a foreign country, and subject to the participants. (iii) Ensure that the person arrested or
limitations of section 3264 of the Act (C) When at least one participant charged under the Act is informed that
and paragraph (e)(5) of this section, cannot arrange to meet at the location any qualified military counsel shall be
persons arrested for conduct in violation outside the United States where initial made available only for the limited
of the Act shall, upon the issuance of a proceedings required by the Act are to purpose of representing that person in
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removal order by a Federal Magistrate be conducted, whenever possible any initial proceedings that are to be
Judge under section 3264(b) of the Act, arrangements should be made to conducted outside the United States,
be delivered, as soon as practicable, to conduct the proceedings by video and that such representation does not
the custody of U.S. civilian law teleconference or similar means. extend to further legal proceedings that
enforcement authorities. See paragraph Command video teleconference may occur either in a foreign country or
(b)(6)(iv) of this section. communication systems should be used the United States. The person arrested

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76008 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules

or charged shall also be required, in released from detention, and, if The proceedings should be conducted
writing, to acknowledge the limited released, whether any conditions from the United States using video
scope of qualified military counsel’s practicable and reasonable under the teleconference methods, if practicable,
representation and therein waive that circumstances, should be imposed. and with all parties to the proceedings
military counsel’s further representation (d) Initial Proceedings. (1) A person participating. In the event that there is
in any subsequent legal proceedings arrested for or charged with a violation no video teleconference capability, or
conducted within a foreign country or of the Act may be entitled to an initial the video teleconference capability is
the United States. The appearance before a judge and/or a unavailable due to military
‘‘Acknowledgement of Limited detention hearing (collectively, the requirements or operations, the parties
Representation,’’ at appendix A of this ‘‘initial proceedings’’). The initial to the proceeding shall, at a minimum,
part, may be used for this purpose. A proceedings are intended to meet the be placed in contact by telephone.
copy of the ‘‘Acknowledgement of requirements of the Federal Rules of (5) Initial proceedings conducted
Limited Representation’’ shall be Criminal Procedure. The initial pursuant to the Act and this part shall
provided to the person arrested or proceedings are not required when the include the requirement for the person’s
charged under the Act, as well as to the person under investigation for violating initial appearance under the Federal
qualified military counsel. The original the Act has not been arrested or Rules of Criminal Procedure. The
acknowledgement shall be kept on file temporarily detained by U.S. military Federal Magistrate Judge shall
in the DCO’s Office of the Staff Judge authorities, or the person’s arrest or determine whether probable cause
Advocate. temporary detention by U.S. law exists to believe that an offense under
(iv) Provide available information that enforcement authorities occurs after the section 3261(a) of the Act has been
would assist the Federal Magistrate person ceases to accompany or be committed and that the identified
Judge make a determination that employed by the Armed Forces outside person committed it. This determination
qualified civilian counsel are the United States, or the arrest or is intended to meet the due process
unavailable, and that the person detention takes place within the United requirements to which the person is
arrested or charged under the Act is States. entitled, as determined by the U.S.
unable financially to retain civilian (2) The initial proceedings to be Supreme Court in Gerstein v. Pugh, 420
defense counsel, before a qualified conducted pursuant to the Act and this U.S. 103 (1975).
military counsel who has been made part shall not be initiated for a person
(6) Initial proceedings shall also
available is assigned to provide limited delivered to foreign country authorities
include a detention hearing where
representation. See Analysis and and against whom the foreign country is
required under 18 U.S.C. 3142 and the
Discussion of Section 3265(c), Report prosecuting or has prosecuted the
Federal Rules of Criminal Procedure. A
Accompanying the Act. person for the conduct constituting such
detention hearing may be required
(3) Union Representation. Agency law offense, except when the Attorney
when:
enforcement officials shall comply with General or Deputy Attorney General (or
applicable Federal civilian employee a person acting in either such capacity) (i) The person arrested or charged
rights and entitlements, if any, regarding has approved an exception that would with a violation of the Act has been
collective bargaining unit representation allow for prosecution in the United placed in temporary detention and the
under 5 U.S.C. chapter 71, during States may initial proceedings under the intent is to request continued detention;
pretrial questioning and temporary Act be conducted, under these or
detention procedures under this part. circumstances. Requests for approval of (ii) The United States seeks to detain
(4) Military Representative. (i) To such an exception shall be forwarded a person arrested or charged with a
assist law enforcement officers and the through the Commander of the violation of the Act who has not
U.S. Attorney’s representative assigned Combatant Command to the General previously been detained.
to a case, a judge advocate, legal officer, Counsel of the Department of Defense, (7) A detention hearing shall be
or civilian attorney-advisor may be in accordance with paragraph (b)(8)(iv) conducted by a Federal Magistrate
appointed as a military representative to of this section. Judge. When the person arrested or
represent the interests of the United (3) Initial proceedings required by the charged requests, the detention hearing
States. As appropriate, the military Act and this part shall be conducted, be conducted while the person remains
representative may be appointed as a without unnecessary delay. In outside the United States, detention
Special Assistant U.S. Attorney. The accordance with the U.S. Supreme hearing shall be conducted by the same
military representative shall be Court decision in County of Riverside v. Federal Magistrate Judge presiding over
responsible for assisting the command, McLaughlin, 500 U.S. 44 (1991), the the initial proceeding and shall be
law enforcement, and U.S. Attorney initial appearance shall be conducted conducted by telephone or other means
representatives during pretrial matters, within 48 hours of the arrest. The initial that allow for voice communication
initial proceedings, and other proceedings required by the Act shall be among the participants, including the
procedures required by the Act and this conducted when: person’s defense counsel. If the person
part. These responsibilities include (i) The person arrested has not been does not so request, or if the Federal
assisting the U.S. Attorney delivered to foreign country authorities Magistrate Judge so orders, the
representative determine whether under the provisions of section 3263 of detention hearing shall be held in the
continued detention is warranted, and the Act; or United States after the removal of the
to provide information to the presiding (ii) The foreign country authorities person to the United States.
Federal Magistrate Judge considering having custody of the person delivers (8) In the event that the Federal
the following: the person to U.S. military authorities Magistrate Judge orders the person’s
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(ii) If there is probable cause to without first prosecuting the person for release prior to trial, and further directs
believe that a violation of the Act has such conduct as an offense under the the person’s presence in the district in
been committed and that the person laws of that foreign country. which the trial is to take place, the U.S.
arrested or charged has committed it, (4) A Federal Magistrate Judge shall Attorney Office’s representative
(iii) If the person being temporarily preside over the initial proceedings that responsible for prosecuting the case
detained should be kept in detention or are required by the Act and this part. shall inform the military representative

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Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules 76009

and the DCO’s Office of the Staff Judge United States to be present at a which he or she was were removed,
Advocate. detention hearing; or shall be subject to any requirements
(9) Under circumstances where the (ii) A Federal Magistrate Judge orders imposed by a Federal District Court of
person suspected of committing an the detention of the person prior to trial competent jurisdiction.
offense in violation of the Act has never (See 18 U.S.C. 3142(e), in which case (5) Where a person has been removed
been detained or an initial proceeding the person shall be promptly removed to to the United States for a detention
conducted, the presumption is that a the United States for such detention; or hearing or other judicial proceeding and
trial date shall be established at which (iii) A Federal Magistrate Judge a Federal Magistrate Judge orders the
the defendant would be ordered to otherwise orders the person be removed person’s release and permits the person
appear. Such an order would constitute to the United States. to return to the overseas location, the
an order under section 3264(b)(4) of the (3) Removal By Direction of the Department of Defense (including the
Act that ‘‘otherwise orders the person to Secretary of Defense or Designee. The Military Department originally
be removed.’’ The person’s failure to Secretary of Defense, or designee, may sponsoring the person to be employed
appear as ordered shall be addressed by order a person’s removal from a foreign or to accompany the Armed Forces
the Court as with any other failure to country within the Combatant outside the United States) shall not be
comply with a valid court order. Command’s geographic area of responsible for the expenses associated
(10) The DCO’s Office of the Staff responsibility when, in his sole with the return of the person to the
Judge Advocate shall assist in arranging discretion, such removal is required by overseas location, or the person’s
for the conduct of initial proceedings military necessity. See section subsequent return travel to the United
required by the Act and this part, and 3264(b)(5) of the Act. Removal based on States for further court proceedings that
shall provide a military representative military necessity may be authorized in may be required.
to assist the U.S. Attorney’s Office order to take into account any limiting
representative in presenting the factors that may result from military Appendix A To Part 153—Guidelines
information for the Federal Magistrate operations, as well as the capabilities (a) Civilians employed by the Armed
Judge’s review. The military and conditions associated with a Forces outside the United States who commit
representative shall also provide any specific location. felony offenses while outside the U.S. are
administrative assistance the Federal (i) When the Secretary of Defense, or subject to U.S. criminal jurisdiction under
designee, determines that a person the Act, and shall be held accountable for
Magistrate Judge requires at the location their actions, as appropriate.
outside the United States where the arrested or charged with a violation of
the Act should be removed from a (b) Civilians accompanying the Armed
proceedings shall be conducted. Forces outside the United States who commit
(e) Removal of Persons to the United foreign country, the person shall be felony offenses while outside the U.S. are
States or Other Countries. (1) In removed to the nearest U.S. military subject to U.S. criminal jurisdiction under
accordance with the limitation installation outside the United States the Act, and shall be held accountable for
established by section 3264 of the Act, where the limiting conditions requiring their actions, as appropriate.
military authorities shall not remove, to such a removal no longer apply, and (c) Former members of the Armed Forces
where there are available facilities and who commit felony offenses while serving as
the United States or any other foreign a member of the Armed Forces outside the
country, a person suspected of violating adequate resources to temporarily
detain the person and conduct the U.S., but who ceased to be subject to UCMJ
section 3261(a) of the Act, except when: court-martial jurisdiction without having
(i) The person’s removal is to another initial proceedings required by the Act been tried by court-martial for such offenses
foreign country in which the person is and this part. are subject to U.S. criminal jurisdiction
believed to have committed a violation (ii) The relocation of a person under under the Act and shall be held accountable
of section 3261(a) of the Act; or this paragraph does not authorize the for their actions, as appropriate.
(ii) The person is to be delivered, further removal of the person to the (d) The procedures of this part and DoD
upon request, to authorities of a foreign United States, unless that further actions to implement the Act shall comply
removal is authorized by an order with applicable Status of Forces Agreements,
country under section 3263 of the Act
issued by a Federal Magistrate Judge and other international agreements affecting
and paragraph (b)(8) of this section; or relationships and activities between the
(iii) The person is arrested or charged under paragraph (e)(2) of this section.
respective host nation countries and the U.S.
with a violation of the Act and the (iii) Delegation. The Commander of a
Armed Forces. These procedures may be
person is entitled to, and does not Combatant Command, and the employed outside the United States only if
waive, a preliminary examination under Commander’s principal assistant, are the foreign country concerned has been
Federal Rule of Criminal Procedure 5.1, delegated authority to make the briefed or is otherwise aware of the Act and
in which case the person shall be determination, based on the criteria has not interposed an objection to the
removed to the U.S. for such stated in paragraph (e)(3) of this section, application of these procedures. Such
that a person arrested or charged with awareness may come in various forms,
examination; or including but not limited to Status of Forces
(iv) The person’s removal is ordered a violation of the Act shall be removed
Agreements containing relevant language,
by a Federal Magistrate Judge. See from a foreign country under section
Diplomatic Notes or other acknowledgements
paragraph (e)(2) of this section; or 3264(b)(5) of the Act and this part. of briefings, or case-by-case arrangements,
(v) The Secretary of Defense, or the Further delegation is authorized, but the agreements, or understandings with
Secretary’s designee, directs the person delegation of authority is limited to a appropriate host nation officials.
be removed, as provided in section subordinate commander within the (e) Consistent with the long-standing
3264(b)(5) of the Act and paragraph command who is designated as a policy of maximizing U.S. jurisdiction over
(e)(3) of this section. general court-martial convening its citizens, the Act and this part provide a
(2) Removal By Order of a Federal authority under the UCMJ. mechanism for furthering this objective by
rwilkins on PROD1PC63 with PROPOSALS

(4) A person who is removed to the closing a jurisdictional gap in U.S. law and
Magistrate Judge. Military authorities
thereby permitting the criminal prosecution
may remove a person suspected of United States under the provisions of of covered persons for offenses committed
violating section 3261(a) of the Act to the Act and this part and who is outside the United States. In so doing, the
the United States, when: thereafter released from detention, and Act and this part provide, in appropriate
(i) A Federal Magistrate Judge orders otherwise at liberty to return to the cases, an alternative to a host nation’s
that the person be removed to the location outside the United States from exercise of its criminal jurisdiction should

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76010 Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules

the conduct that violates U.S. law also violate pursuant to the Military Extraterritorial comments and proposals to change this
the law of the host nation, as well as a means Jurisdiction Act of 2000 (18 U.S.C. 3261, et. proposed rule no later than March 24,
of prosecuting covered persons for crimes seq.). lllll (Initials) 2006. Federal Subsistence Regional
committed in areas in which there is no c. Other proceedings (Specify):
llllllllll. lll (Initials)
Advisory Councils (Regional Councils)
effective host nation criminal justice system.
(f) In addition to the limitations imposed llllllllll will hold public meetings to receive
upon prosecutions by section 3261(b) of the Signature of Person To Be Represented By proposals to change this proposed rule
Act, the Act and these procedures should be Military Counsel llllllllll from February 16, 2006–March 21, 2006.
reserved generally for serious misconduct for Signature of Witness* See SUPPLEMENTARY INFORMATION for
which administrative or disciplinary additional information on the public
remedies are determined to be inadequate or Attachment:
meetings.
inappropriate. Because of the practical Federal Magistrate Judge Order
constraints and limitations on the resources (*Note: The witness must be a person other ADDRESSES: You may submit proposals
available to bring these cases to successful than the defense counsel to be made by any of the following methods:
prosecution in the United States, initiation of available for this limited legal • E-mail: Subsistence@fws.gov.
action under this part would not generally be representation.) • Fax: 907–786–3898.
warranted unless serious misconduct were Dated: December 2, 2005. • Mail: Office of Subsistence
involved. L.M. Bynum, Management, 3601 C Street, Suite 1030,
(g) The procedures set out in the Act and Anchorage, Alaska 99503.
this part do not apply to cases in which the Alternate OSD Federal Register Liaison
Officer, Department of Defense. See SUPPLEMENTARY INFORMATION for
return of fugitive offenders is sought through
extradition and similar proceedings, nor are
file formats and other information about
[FR Doc. 05–23938 Filed 12–21–05; 8:45 am]
extradition procedures applicable to cases electronic filing. The public meetings
BILLING CODE 5001–06–P
under the Act. will be held at various locations in
Alaska. See SUPPLEMENTARY INFORMATION
Appendix B to Part 153— for additional information on locations
Acknowledgment of Limited Legal DEPARTMENT OF AGRICULTURE of the public meetings.
Representation (Sample) FOR FURTHER INFORMATION CONTACT:
Forest Service
1. I, llllllllll, have been Chair, Federal Subsistence Board, c/o
named as a suspect or defendant in a matter U.S. Fish and Wildlife Service,
to which I have been advised is subject to the
36 CFR Part 242
Attention: Thomas H. Boyd, Office of
jurisdiction of the Military Extraterritorial Subsistence Management; (907) 786–
Jurisdiction Act of 2000 (18 U.S.C. 3261, et. DEPARTMENT OF THE INTERIOR
seq.); hereinafter referred to as ‘‘the Act’’. I
3888. For questions specific to National
have also been informed that certain initial Fish and Wildlife Service Forest System lands, contact Steve
proceedings under 18 U.S.C. 3265 may be Kessler, Regional Subsistence Program
required under this Act, for which I am 50 CFR Part 100 Leader, USDA, Forest Service, Alaska
entitled to be represented by legal counsel. Region, (907) 786–3592.
2. I acknowledge and understand that the RIN 1018–AU57
SUPPLEMENTARY INFORMATION:
appointment of military counsel for the
limited purpose of legal representation in Subsistence Management Regulations Public Review Process—Regulation
proceedings conducted pursuant to the Act is for Public Lands in Alaska, Subpart C Comments, Proposals, and Public
dependent upon my being unable to retain and Subpart D–2007–08 Subsistence Meetings
civilian defense counsel representation for Taking of Fish and Shellfish
such proceedings, due to my indigent status, The Federal Subsistence Board
Regulations
and that qualified military defense counsel (Board) will hold meetings on this
has been made available. AGENCIES: Forest Service, Agriculture; proposed rule at the following locations
3. Pursuant to the Act, Fish and Wildlife Service, Interior. in Alaska:
llllllllll, a Federal Magistrate ACTION: Proposed rule. Region 1—Southeast Regional Council,
Judge, has issued the attached Order and has
directed that that military counsel be made Saxman, February 27, 2006
SUMMARY: This proposed rule would Region 2—Southcentral Regional
available: establish regulations for fishing seasons,
ll For the limited purpose of Council, Anchorage, March 14, 2006
representing me at an initial proceeding to be
harvest limits, methods, and means Region 3—Kodiak/Aleutians Regional
conducted outside the United States related to taking of fish and shellfish for Council, King Cove, March 21, 2006
pursuant to 18 U.S.C. 3265, subsistence uses during the 2007–08 Region 4—Bristol Bay Regional Council,
ll For the limited purpose of regulatory year. The rulemaking is Naknek, February 20, 2006
representing me in an initial detention necessary because Subpart D is subject Region 5—Yukon-Kuskokwim Delta
hearing to be conducted outside the United to an annual public review cycle. When Regional Council, Emmonak,
States pursuant to 18 U.S.C. 3265(b), final, this rulemaking would replace the February 23, 2006
4. lllllllll, military counsel, fish and shellfish taking regulations
has been made available in accordance with
Region 6—Western Interior Regional
Department of Defense Instruction 5525.bb,
included in the ‘‘Subsistence Council, Koyukuk, March 7, 2006
and as directed by the attached Order of a Management Regulations for Public Region 7—Seward Peninsula Regional
Federal Magistrate Judge. Lands in Alaska, Subpart D–2006–07 Council, Nome, February 23, 2006
5. I (do) (do not) wish to be represented by Subsistence Taking of Fish and Wildlife Region 8—Northwest Arctic Regional
llllllllll, military counsel Regulations,’’ which expire on March Council, Kotzebue, March 7, 2006
lll (Initials). 31, 2007. This rule would also amend Region 9—Eastern Interior Regional
6. I understand that the legal the Customary and Traditional Use Council, Venetie, February 28, 2006
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representation of llllllllll, Determinations of the Federal Region 10—North Slope Regional


military counsel, is limited to: Subsistence Board and the General Council, Barrow, February 16, 2006
a. Representation at the initial proceedings
conducted outside the United States
Regulations related to the taking of fish We will publish notice of specific
pursuant to 18 U.S.C. 3265. lll (Initials) and shellfish. dates, times, and meeting locations in
b. The initial detention hearing to be DATES: The Federal Subsistence Board local and statewide newspapers prior to
conducted outside the United States must receive your written public the meetings. We may need to change

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