‘‘CHAPTER 50—CRIMINAL OFFENSES COMMITTED
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.
‘‘§ 991. Definitions
‘‘In this chapter:
‘‘(1) The term ‘United States’ includes the spe-
cial maritime and territorial jurisdiction of the
United States.
‘‘(2) The term ‘special maritime and territorial
jurisdiction of the United States’ has the meaning
given that term in section 7 of title 18.
‘‘(3) The term ‘criminal offense’ means an of-
fense against the United States other than an in-
fraction.
‘‘§ 992. Criminal offenses committed by any person
serving with, employed by, or accom-
panying the armed forces outside of the
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 employed by the armed forces outside
the United States is not punishable under subsection (a)
for conduct described in such subsection if such person
is not a national of the United States and was appointed
to his position of employment in the country in which such
person engaged in such conduct.
‘‘(c)(1) Except in the case of a prosecution approved
as provided in paragraph (2), prosecution of a person may
not be commenced under this section for an offense de-
scribed in subsection (a) if a foreign government, in ac-
cordance with jurisdiction recognized by the United
States, has prosecuted such person for the conduct con-
stituting such offense.
‘‘(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 member of the armed forces 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 who is reasonably
believed to have engaged in an offense under such sub-
section.
‘‘(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
in conduct referred to in such paragraph unless (A) such
person is delivered to authorities of a foreign country
under section 993 of this title, or (B) such person is pend-
ing court-martial under chapter 47 of this title for such
conduct.
‘‘§ 993. Delivery to authorities of foreign country
‘‘(a) A member of the armed forces designated and
authorized under section 992(e) of this title may deliver
any person to the appropriate authorities of a foreign
country in which that person is alleged to have engaged
in an offense under section 992(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 such per-
son by the foreign country making such request.
‘‘(c) The Secretary of Defense shall determine what
officials of a foreign country constitute appropriate au-
thorities for the purposes of this section.’’.
(b) CLERICAL AMENDMENT.—The tables of chapters
at the beginning of such subtitle, and at the beginning
of part II of such subtitle, are each amended by inserting
after the item relating to chapter 49 the following:
‘‘50. Criminal Offenses Outside the United States ................
991’’.
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