II

105TH CONGRESS

1ST SESSION S. 172

To amend title 18, United States Code, to set forth the civil jurisdiction

of the United States for crimes committed by persons accompanying

the Armed Forces outside of the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

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

to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to set forth the

civil jurisdiction of the United States for crimes committed by persons accompanying the Armed Forces outside

of 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 BY PERSONS ACCOM5 PANYING THE ARMED FORCES.

6 (a) IN GENERAL.—Title 18, United States Code, is

7 amended by inserting after chapter 211 the following new

8 chapter:
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1 ‘‘CHAPTER 212—CRIMINAL OFFENSES

2 COMMITTED OUTSIDE THE UNITED

3 STATES

‘‘Sec.

‘‘3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the Armed Forces outside

the United States.

‘‘3262. Delivery to authorities of foreign countries.

‘‘3263. Regulations.

‘‘3264. Definitions for chapter.

4 ‘‘§ 3261. Criminal offenses committed by persons for5 merly serving with, or presently em6 ployed by or accompanying, the Armed

7 Forces outside the United States

8 ‘‘(a) IN GENERAL.—Whoever, while serving with, em9 ployed by, or accompanying the Armed Forces outside of

10 the United States, engages in conduct that would con11 stitute an offense punishable by imprisonment for more

12 than 1 year if the conduct had been engaged in within

13 the special maritime and territorial jurisdiction of the

14 United States, shall be guilty of a like offense and subject

15 to a like punishment.

16 ‘‘(b) CONCURRENT JURISDICTION.—Nothing con17 tained in this chapter deprives courts-martial, military

18 commissions, provost courts, or other military tribunals of

19 concurrent jurisdiction with respect to offenders or of20 fenses that by statute or by the law of war may be tried

21 by courts-martial, military commissions, provost courts, or

22 other military tribunals.
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1 ‘‘(c) ACTION BY FOREIGN GOVERNMENT.—No pros2 ecution may be commenced under this section if a foreign

3 government, in accordance with jurisdiction recognized by

4 the United States, has prosecuted or is prosecuting such

5 person for the conduct constituting such offense, except

6 upon the approval of the Attorney General of the United

7 States or the Deputy Attorney General of the United

8 States (or a person acting in either such capacity), which

9 function of approval shall not be delegated.

10 ‘‘(d) ARRESTS.—

11 ‘‘(1) LAW ENFORCEMENT PERSONNEL.—The

12 Secretary of Defense may designate and authorize

13 any person serving in a law enforcement position in

14 the Department of Defense to arrest outside of the

15 United States any person described in subsection (a)

16 if there is probable cause to believe that such person

17 engaged in conduct which constitutes a criminal of18 fense under subsection (a).

19 ‘‘(2) RELEASE TO CIVILIAN LAW ENFORCE20 MENT.—A person arrested under paragraph (1)

21 shall be released to the custody of civilian law en22 forcement authorities of the United States for re23 moval to the United States for judicial proceedings

24 in relation to conduct referred to in such paragraph

25 unless—
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1 ‘‘(A) such person is delivered to authorities

2 of a foreign country under section 3262; or

3 ‘‘(B) such person has had charges brought

4 against him or her under chapter 47 of title 10

5 for such conduct.

6 ‘‘§ 3262. Delivery to authorities of foreign countries

7 ‘‘(a) IN GENERAL.—Any person designated and au8 thorized under section 3261(d) may deliver a person de9 scribed in section 3261(a) to the appropriate authorities

10 of a foreign country in which the person is alleged to have

11 engaged in conduct described in subsection (a) if—

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

13 request the delivery of the person to such country

14 for trial for such conduct as an offense under the

15 laws of that country; and

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

17 is authorized by a treaty or other international

18 agreement to which the United States is a party.

19 ‘‘(b) DETERMINATION BY THE SECRETARY.—The

20 Secretary of Defense shall determine which officials of a

21 foreign country constitute appropriate authorities for pur22 poses of this section.

23 ‘‘§ 3263. Regulations

24 ‘‘The Secretary of Defense shall issue regulations

25 governing the apprehension, detention, and removal of
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1 persons under this chapter. Such regulations shall be uni2 form throughout the Department of Defense.

3 ‘‘§ 3264. Definitions for chapter

4 ‘‘As used in this chapter—

5 ‘‘(1) the term ‘Armed Forces’ has the same

6 meaning as in section 101(a)(4) of title 10;

7 ‘‘(2) a person is ‘employed by the Armed

8 Forces outside of the United States’ if the person—

9 ‘‘(A) is employed as a civilian employee of

10 the Department of Defense, as a Department of

11 Defense contractor, or as an employee of a De12 partment of Defense contractor;

13 ‘‘(B) is present or residing outside of the

14 United States in connection with such employ15 ment; and

16 ‘‘(C) is not a national of the host nation;

17 and

18 ‘‘(3) a person is ‘accompanying the Armed

19 Forces outside of the United States’ if the person—

20 ‘‘(A) is a dependent of a member of the

21 armed forces;

22 ‘‘(B) is a dependent of a civilian employee

23 of the Department of Defense;

24 ‘‘(C) is residing with the member or civil25 ian employee outside of the United States; and
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1 ‘‘(D) is not a national of the host nation.’’

2 (b) CLERICAL AMENDMENT.—The table of chapters

3 at the beginning of part II of title 18, United States Code,

4 is amended by inserting after the item relating to chapter

5 211 the following:

‘‘212. Criminal Offenses Committed Outside the United

States .......................................................................... 3261’’.

6 SEC. 2. MILITARY JUSTICE ACTIONS.

7 (a) DEFINITION.—For purposes of this section, the

8 term ‘‘Director’’ means the Director of the Federal Bu9 reau of Investigation.

10 (b) RECORDS OF MILITARY JUSTICE ACTIONS.—At

11 the time that a member of the Armed Forces is discharged

12 from a period of service in the Armed Forces or is released

13 from a period of active duty service in the Armed Forces,

14 the Secretary of the military department having jurisdic15 tion of the armed force of the member shall transmit to

16 the Director a copy of records of any penal actions taken

17 against the member under chapter 47 of title 10, United

18 States Code (the Uniform Code of Military Justice), dur19 ing that period.

20 (c) DNA ANALYSIS.—

21 (1) SAMPLES REQUIRED.—Any person who is

22 convicted of a crime of a sexual nature under the
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1 Uniform Code of Military Justice shall, prior to mili2 tary discharge, transmit to the Secretary of the mili3 tary department having jurisdiction of the armed

4 force of the member, a sample of blood, saliva, or

5 other specimen collected from that person necessary

6 to conduct DNA analysis consistent with established

7 procedures for DNA testing by the Director.

8 (2) TRANSMISSION TO FBI.—Each sample

9 transmitted under paragraph (1) shall be transmit10 ted by the Secretary described in that paragraph in

11 a timely manner to the Director for inclusion in the

12 Combined DNA Identification System (CODIS) of

13 the Federal Bureau of Investigation.

Æ