I
104TH CONGRESS
1ST SESSION
H. R. 808
To amend title 10, United States Code, to provide for jurisdiction, apprehen-
sion, 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 juris-
diction, apprehension, and detention of certain civilians
accompanying the Armed Forces outside the United
States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CRIMINAL OFFENSES COMMITTED OUTSIDE
THE UNITED STATES BY PERSONS SERVING
WITH, EMPLOYED BY, OR ACCOMPANYING
THE ARMED FORCES.
(a) IN GENERAL.—Subtitle A of title 10 of the
United States Code is amended by inserting after chapter
49 the following new chapter:
‘‘CHAPTER 50—CRIMINAL OFFENSES COMMITTED
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.
‘‘§ 991. Persons serving with, employed by, or accom-
panying the armed forces outside United
States: trial by United States
‘‘(a) Except as otherwise provided in this section, any
person who, while serving with, employed by, or accom-
panying the armed forces outside of the United States,
engages in conduct which would constitute a criminal of-
fense if the conduct were engaged in within the special
maritime and territorial jurisdiction of the United States
shall be guilty of a like offense against the United States
and shall be subject to the same punishment as is provided
under title 18 for such like offense.
‘‘(b) A person serving with, employed by, or accom-
panying the armed forces outside the United States is not
punishable under subsection (a) for conduct described in
that subsection if that person is not a national of the
United States and was appointed to that person’s position
of employment in the country in which the person engaged
in that conduct.
‘‘(c)(1) Except in the case of a prosecution approved
as provided in paragraph (2) or a prosecution before a
court-martial, military commission, provost court, or other
military tribunal, prosecution of a person may not be com-
menced under this section for an offense described in sub-
section (a) if a foreign government, in accordance with ju-
risdiction recognized by the United States, has prosecuted
such person for the conduct constituting the offense de-
scribed in subsection (a).
‘‘(2) The Attorney General of the United States, the
Deputy Attorney General of the United States, the Associ-
ate Attorney General of the United States, or an Assistant
Attorney General of the United States may approve a
prosecution which, except for this paragraph, is prohibited
under paragraph (1). An approval of prosecution under
this paragraph must be in writing. The authority to ap-
prove a prosecution under this paragraph may not be dele-
gated below the level of Assistant Attorney General.
‘‘(d)(1) The Secretary of Defense may designate and
authorize any person serving in a law enforcement position
in a criminal investigative agency of the Department of
Defense to apprehend and detain, outside the United
States, any person described in subsection (a) who is rea-
sonably believed to have engaged in an offense under that
subsection.
‘‘(2) A person apprehended and detained under para-
graph (1) shall be released to the custody of civilian law
enforcement authorities of the United States for removal
to the United States for judicial proceedings in relation
to the conduct referred to in that paragraph unless (A)
that person is delivered to authorities of a foreign country
under section 992 of this title, or (B) that person is pend-
ing court-martial under chapter 47 of this title (the Uni-
form Code of Military Justice) for charges arising from
such conduct.
‘‘§ 992. Persons serving with, employed, by or accom-
panying the armed forces outside the
United States: delivery to authorities of
foreign country
‘‘(a) A person designated and authorized under sec-
tion 991(d) of this title may deliver any person to the ap-
propriate authorities of a foreign country in which that
person is alleged to have engaged in an offense under sec-
tion 991(a) of this title if—
‘‘(1) the appropriate authorities of that country
request the delivery of the person to such country
for trial for such conduct as an offense under the
laws of that country; and
‘‘(2) the delivery of such person to that country
is authorized by a treaty or other international
agreement to which the United States is a party.
‘‘(b) The Secretary of Defense may confine or other-
wise restrain a person whose delivery is requested under
subsection (a) until the completion of the trial of that per-
son by the foreign country making the request.
‘‘(c) The Secretary of Defense shall determine what
officials of a foreign country constitute appropriate au-
thorities for the purposes of this section.
‘‘§ 993. Military tribunals: concurrent jurisdiction
‘‘Nothing contained in this chapter deprives courts-
martial, military commissions, provost courts, or other
military tribunals of concurrent jurisdiction with respect
to offenders or offenses that by statute or by the law of
war may be tried by courts-martial, military commissions,
provost courts, or other military tribunals.