[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 74 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 74

  To amend title 10, United States Code, to provide for jurisdiction, 
apprehension, and detention of members of the Armed Forces and certain 
civilians accompanying the Armed Forces outside the United States, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

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

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to provide for jurisdiction, 
apprehension, and detention of members of the Armed Forces and 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

    (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. 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 countries.
``Sec. 991. Definitions
    ``In this chapter:
            ``(1) The term `United States' includes the special 
        maritime and territorial jurisdiction of the United States.
            ``(2) The term `special maritime and territorial 
        jurisdiction of the United States' has the same meaning as is 
        provided in section 7 of title 18.
            ``(3) The term `criminal offense' means an offense 
        classified in section 1 of title 18 as a felony or a 
        misdemeanor (not including a petty offense).
``Sec. 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
    ``(a) Except as otherwise provided in this section, any person who, 
while serving as a member of the armed forces outside the United 
States, or 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 the provisions 
of title 18 for such like offense.
    ``(b) A member of the armed forces may not be tried pursuant to an 
indictment or information charging an offense described under 
subsection (a) while such member is subject to trial by court-martial 
for the conduct charged in such indictment or information.
    ``(c) A person employed by the armed forces outside the United 
States is not punishable under subsection (a) of this section 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.
    ``(d)(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 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 such 
offense.
    ``(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.
    ``(e)(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 described in 
subsection (a) who is reasonably believed to have engaged in conduct 
which constitutes a criminal offense under such 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 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 pending court-martial 
under chapter 47 of this title for such conduct.
``Sec. 993. Delivery to authorities of foreign countries
    ``(a) Any member of the armed forces designated and authorized 
under subsection (e) of section 992 of this title may deliver any 
person described in subsection (a) of such section to the appropriate 
authorities of a foreign country in which such person is alleged to 
have engaged in conduct described in such 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) 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 such person by the foreign country making 
such request.
    ``(c) The Secretary of Defense shall determine what officials of a 
foreign country constitute appropriate authorities for the purposes of 
this section.''.
    (b) Technical Amendment.--The tables of chapters at the beginning 
of such title and 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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