[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3212

To provide for increased cooperation on extradition efforts between the 
     United States and foreign governments, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 1999

Mr. Miller of Florida (for himself, Mr. Schaffer, Mr. Condit, Mr. Goss, 
    Mr. Brady of Texas, Mr. Traficant, and Mr. Mica) introduced the 
 following bill; which was referred to the Committee on International 
  Relations, and in addition to the Committees on the Judiciary, and 
    Banking and Financial Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide for increased cooperation on extradition efforts between the 
     United States and foreign governments, 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. SHORT TITLE.

    This Act may be cited as the ``International Extradition 
Enforcement Act of 1999''.

SEC. 2. ANNUAL REPORT ON EXTRADITION EFFORTS BETWEEN THE UNITED STATES 
              AND FOREIGN GOVERNMENTS.

    (a) Annual Report.--
            (1) In general.--Not later than January 1 of each year, the 
        Secretary of State, in conjunction with the Attorney General, 
        shall prepare and submit to the Congress an annual report on 
        efforts between the United States and the governments of 
        foreign countries to extradite to the United States individuals 
        described in paragraph (2) during the preceding year.
            (2) Individuals described.--An individual described in this 
        paragraph is an individual who is being held in custody by the 
        government of a foreign country (or who is otherwise known to 
        be in the foreign country), and with respect to which a 
        competent authority of the United States--
                    (A) has charged with a major extraditable offense 
                described in paragraph (3);
                    (B) has found guilty of committing a major 
                extraditable offense described in paragraph (3); or
                    (C) is seeking extradition in order to complete a 
                judicially pronounced penalty of deprivation of liberty 
                for a major extraditable offense described in paragraph 
                (3).
            (3) Major extraditable offenses described.--A major 
        extraditable offense described in this paragraph is an offense 
        of murder, attempted murder, manslaughter, aggravated assault, 
        kidnapping, abduction, or other false imprisonment, or rape.
    (b) Additional Requirements.--The annual report required under 
subsection (a) shall also include the following:
            (1) The aggregate number of individuals described in 
        subsection (a)(2) who are being held in custody by all 
        governments of foreign countries (or are otherwise known to be 
        in the foreign countries) during the preceding year.
            (2) With respect to each individual described in subsection 
        (a)(2), the reasons why the individual has not been extradited 
        to the United States and the specific actions the United States 
        has taken to obtain extradition.

SEC. 3. SANCTIONS AGAINST FOREIGN GOVERNMENTS THAT ARE UNCOOPERATIVE IN 
              EXTRADITION EFFORTS WITH THE UNITED STATES.

    (a) Prohibition on Development and Security Assistance.--
            (1) Prohibition.--Development assistance and security 
        assistance may not be provided to a foreign government that the 
        President identifies under subsection (d) as uncooperative in 
        extradition efforts with the United States.
            (2) Definitions.--In this subsection:
                    (A) Development assistance.--The term ``development 
                assistance'' means assistance under chapter 1 of part I 
                of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
                et seq.).
                    (B) Security assistance.--The term ``security 
                assistance'' means assistance under--
                            (i)(I) chapter 2 of the Foreign Assistance 
                        Act of 1961 (22 U.S.C. 2311 et seq.); and
                            (II) chapter 5 of the Foreign Assistance 
                        Act of 1961 (22 U.S.C. 2347 et seq.); and
                            (ii) the Arms Export Control Act (22 U.S.C. 
                        2751 et seq.).
    (b) Opposition to Multilateral Assistance.--The President shall 
instruct the United States Executive Director at each international 
financial institution (as defined in section 1701(c)(2) of the 
International Financial Institutions Act) to use the voice, vote, and 
influence of the United States to oppose any proposal to provide any 
kind of assistance that would primarily benefit a foreign government 
that the President identifies under subsection (d) as uncooperative in 
extradition efforts with the United States.
    (c) Denial of Visas.--No consular officer shall issue a visa to, 
and the Attorney General shall exclude from the United States, any 
alien who the Secretary of State determines is a high-ranking official 
of the government of a country that the President identifies under 
subsection (d) as uncooperative in extradition efforts with the United 
States.
    (d) Identification and Report.--
            (1) Identification.--The President shall identify on an 
        annual basis those foreign governments that are uncooperative 
        in extradition efforts with the United States. In making an 
        identification with respect to a foreign government under this 
        paragraph, the President shall take into account information in 
        the annual report required under section 2 and the following:
                    (A) The extent to which the foreign government has 
                a policy to refuse to extradite to the United States 
                its citizens who are charged with, or found guilty of 
                committing, major extraditable offenses described in 
                section 2(a)(3), by such other countries.
                    (B) Whether or not the foreign government, upon 
                request by competent authorities of the United States, 
                has failed to extradite to the United States during the 
                preceding year 1 or more citizens of the United States 
                who are described in section 2(a)(2).
                    (C) Whether or not the foreign government, upon 
                request by competent authorities of the United States 
                (and in accordance with subsection (f), if applicable), 
                has failed to extradite to the United States during the 
                preceding 2-year period 5 or more individuals 
                (involving unrelated extradition requests) described in 
                section 2(a)(2).
                    (D) The extent to which corruption in the foreign 
                government jeopardizes the extradition process of that 
                country.
            (2) Report.--Not later than March 1 of each year, the 
        President shall prepare and transmit to the Congress a report 
        containing a list of the foreign governments identified under 
        paragraph (1).
    (e) Waiver by President.--
            (1) Waiver.--The President may waive the prohibition on 
        development assistance and security assistance under subsection 
        (a), the requirement to oppose multilateral assistance under 
        subsection (b), or the denial of visas under subsection (c), 
        with respect to a foreign government if the President 
        determines and certifies to the Congress that it is in the 
        vital national interests of the United States to do so.
            (2) Congressional review.--Notwithstanding paragraph (1), 
        if, not later than 60 calendar days after receipt of a 
        certification of the President with respect to a foreign 
        government under paragraph (1), a joint resolution is enacted 
        disapproving the certification, then--
                    (A) funds may not be obligated or expended for 
                development assistance or security assistance for the 
                foreign country in accordance with subsection (a);
                    (B) the requirement to oppose multilateral 
                assistance under subsection (b) shall apply; and
                    (C) the requirement to deny visas for high-ranking 
                officials of the government of that country under 
                subsection (c) shall apply.
    (f) Formal Complaint Procedures Relating to Denial of Extradition 
Requests.--The Attorney General shall establish procedures under which 
a competent authority of a State, which is requesting extradition of 1 
or more individuals from a foreign country as described in subsection 
(d)(1)(C) and with respect to which the foreign country has failed to 
comply with such request, may submit to the Attorney General a formal 
complaint for purposes of determining whether or not the country has 
failed to extradite to the United States during the preceding 2-year 
period 5 or more individuals (involving unrelated extradition requests) 
in accordance with such subsection (d)(1)(C).

SEC. 4. CRIMINAL PENALTIES.

    (a) Increased Penalty for Flight To Avoid Prosecution.--Section 
1073 of title 18, United States Code, is amended by striking ``five 
years'' and inserting ``15 years''.
    (b) Transfers to Persons Resisting Extradition.--
            (1) Generally.--Chapter 49 of title 18, United States Code, 
        is amended by adding at the end the following:
``Sec. 1075. Transfers to persons resisting extradition
    ``Whoever knowingly transfers from the United States anything of 
value to a person who is in a foreign place with the intent to assist 
that person in resisting extradition to the United States shall be 
fined under this title or imprisoned not more than 10 years, or both.''
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 49 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``1075. Transfers to persons resisting extradition.''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act, or in any amendment made by this Act, shall be 
construed to affect any provision of an extradition treaty between the 
United States and a foreign government.
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