Page:United States Statutes at Large Volume 114 Part 4.djvu/429

 PUBLIC LAW 106-523—NOV. 22, 2000 114 STAT. 2491 "(2) For purposes of this subsection, the term 'qualified military counsel' means a judge advocate made available by the Secretary of Defense for purposes of such proceedings, who— "(A) is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; and "(B) is certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member. '' §3266. Regulations "(a) The Secretary of Defense, sifter consultation with the Secretary of State and the Attorney General, shall prescribe regulations governing the apprehension, detention, delivery, and removal of persons under this chapter and the facilitation of proceedings under section 3265. Such regulations shall be uniform throughout the Department of Defense. "(b)(1) The Secretary of Defense, after consultation with the Secretary of State and the Attorney General, shall prescribe regulations requiring that, to the maximum extent practicable, notice shall be provided to any person employed by or accompanying the Armed Forces outside the United States who is not a national of the United States that such person is potentially subject to the criminal jurisdiction of the United States under this chapter. "(2) A failure to provide notice in accordance with the regulations prescribed under paragraph (1) shall not defeat the jurisdiction of a court of the United States or provide a defense in any judicial proceeding arising under this chapter. "(c) The regulations prescribed under this section, and any Effective date, amendments to those regulations, shall not take effect before the Reports, date that is 90 days after the date on which the Secretary of Defense submits a report containing those regulations or amendments (as the case may be) to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. "§3267. Definitions "As used in this chapter: "(1) The term 'employed by the Armed Forces outside the United States' means— "(A) employed as a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department), as a Department of Defense contractor (including a subcontractor at any tier), or as an employee of a Department of Defense contractor (including a subcontractor at any tier); "(B) present or residing outside the United States in connection with such employment; and "(C) not a national of or ordinarily resident in the host nation. "(2) The term 'accompanying the Armed Forces outside the United States' means— "(A) a dependent of— "(i) a member of the Armed Forces; "(ii) a civilian employee of the Department of Defense (including a nonappropriated fund instrumentality of the Department); or

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