[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2083 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2083

     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

                           September 17, 1996

  Mr. DeWine introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON ACCRUAL OF PAY AND ALLOWANCES BY MEMBERS OF 
              THE ARMED FORCES WHO ARE CONFINED PENDING DISHONORABLE 
              DISCHARGE.

    (a) Revision of Prohibition.--
            (1) In general.--Section 804 of title 37, United States 
        Code, is amended to read as follows:
``Sec.  804. Prohibition on accrual of pay and allowances during 
              confinement pending dishonorable discharge
    ``(a) Pay and Allowances Not To Accrue.--A member of the Armed 
Forces sentenced by a court-martial to a dishonorable discharge is not 
entitled to pay and allowances for any period during which the member 
is in confinement after the adjournment of the court-martial that 
adjudged the sentence.
    ``(b) Restoration of Entitlement.--If a sentence of a member of the 
Armed Forces to dishonorable discharge is disapproved, mitigated, 
changed, or set aside by an official authorized to do so, the 
prohibition in subsection (a) shall cease to apply to the member on the 
basis of that sentence. In such cases, the member shall be entitled to 
receive the pay and allowances retroactive to the date of the 
sentence.''.
            (2) Clerical amendment.--The item relating to section 804 
        in the table of sections at the beginning of chapter 15 of 
        title 37, United States Code, is amended to read as follows:

``804. Prohibition on accrual of pay and allowances during confinement 
                            pending dishonorable discharge.''.
    (b) Prospective Applicability.--The amendment made by subsection 
(a)(1) shall not apply to pay periods beginning before the date of 
enactment of this Act.

SEC. 2. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY 
              PERSONS ACCOMPANYING THE ARMED FORCES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 211 the following new chapter:

  ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED 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.
``Sec. 3261. Criminal offenses committed by persons formerly serving 
              with, or presently employed by or accompanying, the Armed 
              Forces outside the United States
    ``(a) In General.--Whoever, while serving with, employed by, or 
accompanying the Armed Forces outside of the United States, engages in 
conduct that would constitute an offense punishable by imprisonment for 
more than 1 year if the conduct had been engaged in within the special 
maritime and territorial jurisdiction of the United States, shall be 
guilty of a like offense and subject to a like punishment.
    ``(b) 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.
    ``(c) Action by Foreign Government.--No prosecution may be 
commenced under this section if a foreign government, in accordance 
with jurisdiction recognized by the United States, has prosecuted or is 
prosecuting such person for the conduct constituting such offense, 
except upon the approval of the Attorney General of the United States 
or the Deputy Attorney General of the United States (or a person acting 
in either such capacity), which function of approval shall not be 
delegated.
    ``(d) Arrests.--
            ``(1) Law enforcement personnel.--The Secretary of Defense 
        may designate and authorize any person serving in a law 
        enforcement position in the Department of Defense to arrest 
        outside of the United States any person described in subsection 
        (a) if there is probable cause to believe that such person 
        engaged in conduct which constitutes a criminal offense under 
        subsection (a).
            ``(2) Release to civilian law enforcement.--A person 
        arrested 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 conduct referred to in such paragraph unless--
                    ``(A) such person is delivered to authorities of a 
                foreign country under section 3262; or
                    ``(B) such person has had charges brought against 
                him or her under chapter 47 of title 10 for such 
                conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) In General.--Any person designated and authorized under 
section 3261(d) may deliver a person described in section 3261(a) to 
the appropriate authorities of a foreign country in which the person is 
alleged to have engaged in conduct described in subsection (a) 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) Determination by the Secretary.--The Secretary of Defense 
shall determine which officials of a foreign country constitute 
appropriate authorities for purposes of this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense shall issue regulations governing the 
apprehension, detention, and removal of persons under this chapter. 
Such regulations shall be uniform throughout the Department of Defense.
``Sec. 3264. Definitions for chapter
    ``As used in this chapter--
            ``(1) the term `Armed Forces' has the same meaning as in 
        section 101(a)(4) of title 10;
            ``(2) a person is `employed by the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is employed as a civilian employee of the 
                Department of Defense, as a Department of Defense 
                contractor, or as an employee of a Department of 
                Defense contractor;
                    ``(B) is present or residing outside of the United 
                States in connection with such employment; and
                    ``(C) is not a national of the host nation; and
            ``(3) a person is `accompanying the Armed Forces outside of 
        the United States' if the person--
                    ``(A) is a dependent of a member of the armed 
                forces;
                    ``(B) is a dependent of a civilian employee of the 
                Department of Defense; and
                    ``(C) is residing with the member or civilian 
                employee outside of the United States.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part II of title 18, United States Code, is amended by inserting after 
the item relating to chapter 211 the following:

``212. Criminal Offenses Committed Outside the United States    3261''.

SEC. 3. MILITARY JUSTICE ACTIONS.

    (a) Definition.--For purposes of this section, the term 
``Director'' means the Director of the Federal Bureau of Investigation.
    (b) Records of Military Justice Actions.--At the time that a member 
of the Armed Forces is discharged from a period of service in the Armed 
Forces or is released from a period of active duty service in the Armed 
Forces, the Secretary of the military department having jurisdiction of 
the armed force of the member shall transmit to the Director a copy of 
records of any penal actions taken against the member under chapter 47 
of title 10, United States Code (the Uniform Code of Military Justice), 
during that period.
    (c) DNA Analysis.--
            (1) Samples required.--Any person who is convicted of a 
        crime of a sexual nature under the Uniform Code of Military 
        Justice shall, prior to military discharge, transmit to the 
        Secretary of the military department having jurisdiction of the 
        armed force of the member, a sample of blood, saliva, or other 
        specimen collected from that person necessary to conduct DNA 
        analysis consistent with established procedures for DNA testing 
        by the Director.
            (2) Transmission to fbi.--Each sample transmitted under 
        paragraph (1) shall be transmitted by the Secretary described 
        in that paragraph in a timely manner to the Director for 
        inclusion in the Combined DNA Identification System (CODIS) of 
        the Federal Bureau of Investigation.
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