II

104TH CONGRESS

1ST SESSION S. 74

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

accompanying the Armed Forces outside the United States, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on Armed Services

A BILL

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

Armed Forces and 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 countries.

3 ‘‘§ 991. Definitions

4 ‘‘In this chapter:

5 ‘‘(1) The term ‘United States’ includes the spe6 cial maritime and territorial jurisdiction of the Unit7 ed States.

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

9 jurisdiction of the United States’ has the same

10 meaning as is provided in section 7 of title 18.

11 ‘‘(3) The term ‘criminal offense’ means an of12 fense classified in section 1 of title 18 as a felony

13 or a misdemeanor (not including a petty offense).

14 ‘‘§ 992. Criminal offenses committed by a member of

15 the armed forces or by any person serv16 ing with, employed by, or accompanying

17 the armed forces outside of the United

18 States

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

20 person who, while serving as a member of the armed forces

21 outside the United States, or while serving with, employed

22 by, or accompanying the armed forces outside of the Unit-
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1 ed States, engages in conduct which would constitute a

2 criminal offense if the conduct were engaged in within the

3 special maritime and territorial jurisdiction of the United

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

5 States and shall be subject to the same punishment as

6 is provided under the provisions of title 18 for such like

7 offense.

8 ‘‘(b) A member of the armed forces may not be tried

9 pursuant to an indictment or information charging an of10 fense described under subsection (a) while such member

11 is subject to trial by court-martial for the conduct charged

12 in such indictment or information.

13 ‘‘(c) A person employed by the armed forces outside

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

15 of this section for conduct described in such subsection

16 if such person is not a national of the United States and

17 was appointed to his position of employment in the coun18 try in which such person engaged in such conduct.

19 ‘‘(d)(1) Except in the case of a prosecution approved

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

21 not be commenced under this section for an offense de22 scribed in subsection (a) if a foreign government, in ac23 cordance with jurisdiction recognized by the United

24 States, has prosecuted such person for the conduct con25 stituting such offense.
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1 ‘‘(2) The Attorney General of the United States, the

2 Deputy Attorney General of the United States, the Associ3 ate Attorney General of the United States, or an Assistant

4 Attorney General of the United States may approve a

5 prosecution which, except for this paragraph, is prohibited

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

7 this paragraph must be in writing. The authority to ap8 prove a prosecution under this paragraph may not be dele9 gated below the level of Assistant Attorney General.

10 ‘‘(e)(1) The Secretary of Defense may designate and

11 authorize any member of the armed forces serving in a

12 law enforcement position in a criminal investigative agency

13 of the Department of Defense to apprehend and detain,

14 outside the United States, any person described in sub15 section (a) who is reasonably believed to have engaged in

16 conduct which constitutes a criminal offense under such

17 subsection.

18 ‘‘(2) A person apprehended and detained under para19 graph (1) shall be released to the custody of civilian law

20 enforcement authorities of the United States for removal

21 to the United States for judicial proceedings in relation

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

23 person is delivered to authorities of a foreign country

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

2 conduct.

3 ‘‘§ 993. Delivery to authorities of foreign countries

4 ‘‘(a) Any member of the armed forces designated and

5 authorized under subsection (e) of section 992 of this title

6 may deliver any person described in subsection (a) of such

7 section to the appropriate authorities of a foreign country

8 in which such person is alleged to have engaged in conduct

9 described in such subsection (a) if—

10 ‘‘(1) the appropriate authorities of that country

11 request the delivery of the person to such country

12 for trial for such conduct as an offense under the

13 laws of that country; and

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

15 is authorized by a treaty or other international

16 agreement to which the United States is a party.

17 ‘‘(b) The Secretary of Defense may confine or other18 wise restrain a person whose delivery is requested under

19 subsection (a) until the completion of the trial of such per20 son by the foreign country making such request.

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

22 officials of a foreign country constitute appropriate au23 thorities for the purposes of this section.’’.

24 (b) TECHNICAL AMENDMENT.—The tables of chap25 ters at the beginning of such title and such subtitle are
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1 each amended by inserting after the item relating to chap2 ter 49 the following:

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

Æ