I

103D CONGRESS

2D SESSION H. R. 4531

To amend title 10, United States Code, to provide for jurisdiction, apprehension, and detention of certain civilians accompanying the Armed Forces

outside the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1994

Mr. THOMAS of California (for himself and Mr. MCKEON) introduced the

following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide for jurisdiction, apprehension, and detention of certain civilians

accompanying the Armed Forces outside the United

States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE

4 THE UNITED STATES

5 (a) IN GENERAL.—Subtitle A of title 10 of the Unit6 ed States Code is amended by inserting after chapter 49

7 the following new chapter:
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1 ‘‘CHAPTER 50—CRIMINAL OFFENSES COMMITTED

2 OUTSIDE THE UNITED STATES

‘‘Sec.

‘‘991. Definitions.

‘‘992. Criminal offenses committed by a member of the armed forces or by any

person serving with, employed by, or accompanying the armed

forces outside of the United States.

‘‘993. Delivery to authorities of foreign country.

3 ‘‘§ 991. Definitions

4 ‘‘In this chapter:

5 ‘‘(1) The term ‘United States’ includes the spe6 cial maritime and territorial jurisdiction of the

7 United States.

8 ‘‘(2) The term ‘special maritime and territorial

9 jurisdiction of the United States’ has the meaning

10 given that term in section 7 of title 18.

11 ‘‘(3) The term ‘criminal offense’ means an of12 fense against the United States other than an in13 fraction.

14 ‘‘§ 992. Criminal offenses committed by any person

15 serving with, employed by, or accom16 panying the armed forces outside of the

17 United States

18 ‘‘(a) Except as otherwise provided in this section, any

19 person who, while serving with, employed by, or accom20 panying the armed forces outside of the United States,

21 engages in conduct which would constitute a criminal of22 fense if the conduct were engaged in within the special
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1 maritime and territorial jurisdiction of the United States

2 shall be guilty of a like offense against the United States

3 and shall be subject to the same punishment as is provided

4 under title 18 for such like offense.

5 ‘‘(b) A person employed by the armed forces outside

6 the United States is not punishable under subsection (a)

7 for conduct described in such subsection if such person

8 is not a national of the United States and was appointed

9 to his position of employment in the country in which such

10 person engaged in such conduct.

11 ‘‘(c)(1) Except in the case of a prosecution approved

12 as provided in paragraph (2), prosecution of a person may

13 not be commenced under this section for an offense de14 scribed in subsection (a) if a foreign government, in ac15 cordance with jurisdiction recognized by the United

16 States, has prosecuted such person for the conduct con17 stituting such offense.

18 ‘‘(2) The Attorney General of the United States, the

19 Deputy Attorney General of the United States, the Associ20 ate Attorney General of the United States, or an Assistant

21 Attorney General of the United States may approve a

22 prosecution which, except for this paragraph, is prohibited

23 under paragraph (1). An approval of prosecution under

24 this paragraph must be in writing. The authority to ap-
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1 prove a prosecution under this paragraph may not be dele2 gated below the level of Assistant Attorney General.

3 ‘‘(d)(1) The Secretary of Defense may designate and

4 authorize any member of the armed forces serving in a

5 law enforcement position in a criminal investigative agency

6 of the Department of Defense to apprehend and detain,

7 outside the United States, any person who is reasonably

8 believed to have engaged in an offense under such sub9 section.

10 ‘‘(2) A person apprehended and detained under para11 graph (1) shall be released to the custody of civilian law

12 enforcement authorities of the United States for removal

13 to the United States for judicial proceedings in relation

14 in conduct referred to in such paragraph unless (A) such

15 person is delivered to authorities of a foreign country

16 under section 993 of this title, or (B) such person is pend17 ing court-martial under chapter 47 of this title for such

18 conduct.

19 ‘‘§ 993. Delivery to authorities of foreign country

20 ‘‘(a) A member of the armed forces designated and

21 authorized under section 992(e) of this title may deliver

22 any person to the appropriate authorities of a foreign

23 country in which that person is alleged to have engaged

24 in an offense under section 992(a) of this title if—
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1 ‘‘(1) the appropriate authorities of that country

2 request the delivery of the person to such country

3 for trial for such conduct as an offense under the

4 laws of that country; and

5 ‘‘(2) the delivery of such person to that country

6 is authorized by a treaty or other international

7 agreement to which the United States is a party.

8 ‘‘(b) The Secretary of Defense may confine or other9 wise restrain a person whose delivery is requested under

10 subsection (a) until the completion of the trial of such per11 son by the foreign country making such request.

12 ‘‘(c) The Secretary of Defense shall determine what

13 officials of a foreign country constitute appropriate au14 thorities for the purposes of this section.’’.

15 (b) CLERICAL AMENDMENT.—The tables of chapters

16 at the beginning of such subtitle, and at the beginning

17 of part II of such subtitle, are each amended by inserting

18 after the item relating to chapter 49 the following:

‘‘50. Criminal Offenses Outside the United States ................ 991’’.

Æ