[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 72 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 72

     To amend section 481(c) of the Foreign Assistance Act of 1961.


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                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

Mr. Moynihan (for himself and Mr. Simon) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
     To amend section 481(c) of the Foreign Assistance Act of 1961.

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

SECTION 1. FINDINGS.

    The Congress finds that--
            (A) In 1976 the Congress adopted the International Security 
        Assistance and Arms Export Control Act which amended section 
        481(c) of the Foreign Assistance Act of 1961 to prohibit United 
        States officials from participating in any direct arrest in a 
        foreign country with respect to narcotics control efforts;
            (B) In adopting this provision, known as the Mansfield 
        Amendment, the Committee on Foreign Affairs stated that its 
        purpose was ``to insure the United States personnel [in foreign 
        states] do not . . . adversely affect U.S. relations with that 
        country'';
            (C) Close cooperation between the United States and other 
        nations, including the extradition of criminals to the United 
        States, is essential to combat international crime;
            (D) The abduction of a Mexican citizen by persons acting at 
        the direction of the United States Drug Enforcement Agency and 
        the decision of the United States Supreme Court holding that 
        this abduction did not violate an existing extradition treaty 
        between the United States and Mexico cast doubt on the meaning 
        of this and other extradition treaties ratified by the United 
        States and threaten to disrupt cooperation between the United 
        States and Mexico, Canada, and the 101 other nations with which 
        the United States has extradition treaties;
            (E) The Government of Mexico vigorously protested the 
        abduction and the Supreme Court's decision, threatened to 
        suspend cooperation with the United States on drug enforcement 
        matters and announced that it will no longer accept United 
        States foreign assistance intended to prevent drugs from 
        entering the United States;
            (F) The Department of External Affairs of the Government of 
        Canada, which receives approximately 50 percent of all United 
        States extradition requests, vigorously protested the abduction 
        and the Supreme Court's decision;
            (G) In the past, persons have been abducted from the United 
        States to stand trial abroad and the United States vigorously 
        protested such actions; and
            (H) This abduction and subsequent Supreme Court decision 
        have placed American citizens at risk by creating a precedent 
        for the kidnapping of Americans.

SEC. 2. AMENDMENT TO SECTION 481(C) OF THE FOREIGN ASSISTANCE ACT.

    Section 481(c)(1) of the Foreign Assistance Act is amended to read 
as follows:
            ``(1) Prohibition on direct arrest and abduction.--
                    (A) Notwithstanding any other provision of law, no 
                officer, agent or employee of the United States may 
                directly effect an arrest in any foreign country as 
                part of any foreign police action; and
                    (B) Notwithstanding any other provision of law, no 
                officer, agent of employee of the United States 
                Government may, directly or indirectly, authorize, 
                carry out or assist in the abduction of any person 
                within the territory of any foreign state exercising 
                effective sovereignty over such territory without the 
                express consent of such state.''

SEC. 3. VIOLATIONS OF THE LAWS OF WAR.

    Section 481(c) of the Foreign Assistance Act of 1961 is amended by 
adding at the end thereof the following new provision:
            ``(7) This subsection does not prohibit the capture of any 
        official, agent or employee of a state during armed hostilities 
        for purposes of bringing such person to trial for violations of 
        the internationally recognized laws of war.''.

SEC. 4. SANCTION FOR VIOLATION.

    Section 481(c) of the Foreign Assistance Act of 1961 is amended by 
adding at the end thereof the following new provision:
            ``(8) A person brought to the United States in violation of 
        subsection (1)(b) hereof shall not be prosecuted by the United 
        States Government if the state in which such abduction occurred 
        objects and in the event of such an objection such person shall 
        be promptly returned to the state in which the abduction 
        occurred.''.

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