[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 808 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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.
``Sec. 991. Persons serving with, employed by, or accompanying 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 accompanying the armed forces 
outside of the United States, engages in conduct which would constitute 
a criminal offense 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 accompanying 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 commenced under this section for an offense described 
in subsection (a) if a foreign government, in accordance with 
jurisdiction recognized by the United States, has prosecuted such 
person for the conduct constituting the offense described in subsection 
(a).
    ``(2) The Attorney General of the United States, the Deputy 
Attorney General of the United States, the Associate 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 approve a prosecution 
under this paragraph may not be delegated 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 reasonably believed to have engaged in an offense under that 
subsection.
    ``(2) A person apprehended and detained under paragraph (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 pending court-
martial under chapter 47 of this title (the Uniform Code of Military 
Justice) for charges arising from such conduct.
``Sec. 992. Persons serving with, employed, by or accompanying the 
              armed forces outside the United States: delivery to 
              authorities of foreign country
    ``(a) A person designated and authorized under section 991(d) 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 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 otherwise restrain a 
person whose delivery is requested under subsection (a) until the 
completion of the trial of that person by the foreign country making 
the request.
    ``(c) The Secretary of Defense shall determine what officials of a 
foreign country constitute appropriate authorities for the purposes of 
this section.
``Sec. 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.
``Sec. 994. Regulations
    ``The Secretary of Defense shall prescribe regulations governing 
apprehension, detention, and removal of persons under this chapter. 
Such regulations shall apply uniformly throughout the Department of 
Defense.
``Sec. 995. Definitions
    ``In this chapter:
            ``(1) The term `person serving with, employed by, or 
        accompanying the armed forces outside of the United States' 
        includes a person who is--
                    ``(A) a dependent of a member of the armed forces 
                residing with the member outside the United States;
                    ``(B) a civilian employee of a military department 
                who is not a national of the host nation and is 
                residing outside the United States in connection with 
                that employment or a dependent of such an employee who 
                is residing with that employee outside the United 
                States; and
                    ``(C) an employee of a Department of Defense 
                contractor who is not a national of the host nation and 
                is residing outside the United States in connection 
                with that employment or a dependent of such an employee 
                who is residing with that employee outside the United 
                States.
            ``(2) The term `criminal offense' means an offense against 
        the United States other than an infraction.
            ``(3) The term `national of the United States' means--
                    ``(A) a citizen of the United States; or
                    ``(B) a person who, though not a citizen of the 
                United States, owes permanent allegiance to the United 
                States.
            ``(4) The term `United States', when used in a geographical 
        sense, includes the special maritime and territorial 
        jurisdiction of the United States.
            ``(5) The term `special maritime and territorial 
        jurisdiction of the United States' has the meaning given that 
        term in section 7 of title 18.''.
    (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 Committed Outside the United States.     991''.
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