I

104TH CONGRESS

1ST SESSION H. R. 808

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

FEBRUARY 2, 1995

Mr. THOMAS (for himself, and Mr. MCKEON) introduced the following bill;

which was referred to the Committee on National Security

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,
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1 SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE

2 THE UNITED STATES BY PERSONS SERVING

3 WITH, EMPLOYED BY, OR ACCOMPANYING

4 THE ARMED FORCES.

5 (a) IN GENERAL.—Subtitle A of title 10 of the

6 United States Code is amended by inserting after chapter

7 49 the following new chapter:

8 ‘‘CHAPTER 50—CRIMINAL OFFENSES COMMITTED

9 OUTSIDE THE UNITED STATES

‘‘Sec.

‘‘991. Persons serving with, employed by, or accompanying the armed forces

outside United States: trial by United States.

‘‘992. Persons serving with, employed by, or accompanying the armed forces

outside the United States: delivery to authorities of foreign

country.

‘‘993. Military tribunals: concurrent jurisdiction.

‘‘994. Regulations.

‘‘995. Definitions.

10 ‘‘§ 991. Persons serving with, employed by, or accom11 panying the armed forces outside United

12 States: trial by United States

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

14 person who, while serving with, employed by, or accom15 panying the armed forces outside of the United States,

16 engages in conduct which would constitute a criminal of17 fense if the conduct were engaged in within the special

18 maritime and territorial jurisdiction of the United States

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

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

21 under title 18 for such like offense.
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1 ‘‘(b) A person serving with, employed by, or accom2 panying the armed forces outside the United States is not

3 punishable under subsection (a) for conduct described in

4 that subsection if that person is not a national of the

5 United States and was appointed to that person’s position

6 of employment in the country in which the person engaged

7 in that conduct.

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

9 as provided in paragraph (2) or a prosecution before a

10 court-martial, military commission, provost court, or other

11 military tribunal, prosecution of a person may not be com12 menced under this section for an offense described in sub13 section (a) if a foreign government, in accordance with ju14 risdiction recognized by the United States, has prosecuted

15 such person for the conduct constituting the offense de16 scribed in subsection (a).

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

18 Deputy Attorney General of the United States, the Associ19 ate Attorney General of the United States, or an Assistant

20 Attorney General of the United States may approve a

21 prosecution which, except for this paragraph, is prohibited

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

23 this paragraph must be in writing. The authority to ap24 prove a prosecution under this paragraph may not be dele25 gated below the level of Assistant Attorney General.
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1 ‘‘(d)(1) The Secretary of Defense may designate and

2 authorize any person serving in a law enforcement position

3 in a criminal investigative agency of the Department of

4 Defense to apprehend and detain, outside the United

5 States, any person described in subsection (a) who is rea6 sonably believed to have engaged in an offense under that

7 subsection.

8 ‘‘(2) A person apprehended and detained under para9 graph (1) shall be released to the custody of civilian law

10 enforcement authorities of the United States for removal

11 to the United States for judicial proceedings in relation

12 to the conduct referred to in that paragraph unless (A)

13 that person is delivered to authorities of a foreign country

14 under section 992 of this title, or (B) that person is pend15 ing court-martial under chapter 47 of this title (the Uni16 form Code of Military Justice) for charges arising from

17 such conduct.

18 ‘‘§ 992. Persons serving with, employed, by or accom19 panying the armed forces outside the

20 United States: delivery to authorities of

21 foreign country

22 ‘‘(a) A person designated and authorized under sec23 tion 991(d) of this title may deliver any person to the ap24 propriate authorities of a foreign country in which that
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1 person is alleged to have engaged in an offense under sec2 tion 991(a) of this title if—

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

4 request the delivery of the person to such country

5 for trial for such conduct as an offense under the

6 laws of that country; and

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

8 is authorized by a treaty or other international

9 agreement to which the United States is a party.

10 ‘‘(b) The Secretary of Defense may confine or other11 wise restrain a person whose delivery is requested under

12 subsection (a) until the completion of the trial of that per13 son by the foreign country making the request.

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

15 officials of a foreign country constitute appropriate au16 thorities for the purposes of this section.

17 ‘‘§ 993. Military tribunals: concurrent jurisdiction

18 ‘‘Nothing contained in this chapter deprives courts19 martial, military commissions, provost courts, or other

20 military tribunals of concurrent jurisdiction with respect

21 to offenders or offenses that by statute or by the law of

22 war may be tried by courts-martial, military commissions,

23 provost courts, or other military tribunals.
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1 ‘‘§ 994. Regulations

2 ‘‘The Secretary of Defense shall prescribe regulations

3 governing apprehension, detention, and removal of persons

4 under this chapter. Such regulations shall apply uniformly

5 throughout the Department of Defense.

6 ‘‘§ 995. Definitions

7 ‘‘In this chapter:

8 ‘‘(1) The term ‘person serving with, employed

9 by, or accompanying the armed forces outside of the

10 United States’ includes a person who is—

11 ‘‘(A) a dependent of a member of the

12 armed forces residing with the member outside

13 the United States;

14 ‘‘(B) a civilian employee of a military de15 partment who is not a national of the host na16 tion and is residing outside the United States

17 in connection with that employment or a de18 pendent of such an employee who is residing

19 with that employee outside the United States;

20 and

21 ‘‘(C) an employee of a Department of De22 fense contractor who is not a national of the

23 host nation and is residing outside the United

24 States in connection with that employment or a

25 dependent of such an employee who is residing

26 with that employee outside the United States.
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1 ‘‘(2) The term ‘criminal offense’ means an of2 fense against the United States other than an in3 fraction.

4 ‘‘(3) The term ‘national of the United States’

5 means—

6 ‘‘(A) a citizen of the United States; or

7 ‘‘(B) a person who, though not a citizen of

8 the United States, owes permanent allegiance to

9 the United States.

10 ‘‘(4) The term ‘United States’, when used in a

11 geographical sense, includes the special maritime

12 and territorial jurisdiction of the United States.

13 ‘‘(5) The term ‘special maritime and territorial

14 jurisdiction of the United States’ has the meaning

15 given that term in section 7 of title 18.’’.

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

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

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

19 after the item relating to chapter 49 the following:

‘‘50. Criminal Offenses Committed Outside the United

States .......................................................................... 991’’.

Æ