[House Hearing, 114 Congress]
[From the U.S. Government Publishing Office]
TO DIRECT THE PRESIDENT TO SUBMIT TO CONGRESS A REPORT ON FUGITIVES
CURRENTLY RESIDING IN OTHER COUNTRIES WHOSE EXTRADITION IS SOUGHT BY
THE UNITED STATES AND RELATED MATTERS; AND TO REQUIRE A REGIONAL
STRATEGY TO ADDRESS THE THREAT POSED BY BOKO HARAM
=======================================================================
MARKUP
BEFORE THE
SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,
GLOBAL HUMAN RIGHTS, AND
INTERNATIONAL ORGANIZATIONS
OF THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTEENTH CONGRESS
SECOND SESSION
ON
H.R. 2189 and H.R. 3833
__________
SEPTEMBER 22, 2016
____________
Serial No. 114-227
____________
Printed for the use of the Committee on Foreign Affairs
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COMMITTEE ON FOREIGN AFFAIRS
EDWARD R. ROYCE, California, Chairman
CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York
ILEANA ROS-LEHTINEN, Florida BRAD SHERMAN, California
DANA ROHRABACHER, California GREGORY W. MEEKS, New York
STEVE CHABOT, Ohio ALBIO SIRES, New Jersey
JOE WILSON, South Carolina GERALD E. CONNOLLY, Virginia
MICHAEL T. McCAUL, Texas THEODORE E. DEUTCH, Florida
TED POE, Texas BRIAN HIGGINS, New York
MATT SALMON, Arizona KAREN BASS, California
DARRELL E. ISSA, California WILLIAM KEATING, Massachusetts
TOM MARINO, Pennsylvania DAVID CICILLINE, Rhode Island
JEFF DUNCAN, South Carolina ALAN GRAYSON, Florida
MO BROOKS, Alabama AMI BERA, California
PAUL COOK, California ALAN S. LOWENTHAL, California
RANDY K. WEBER SR., Texas GRACE MENG, New York
SCOTT PERRY, Pennsylvania LOIS FRANKEL, Florida
RON DeSANTIS, Florida TULSI GABBARD, Hawaii
MARK MEADOWS, North Carolina JOAQUIN CASTRO, Texas
TED S. YOHO, Florida ROBIN L. KELLY, Illinois
CURT CLAWSON, Florida BRENDAN F. BOYLE, Pennsylvania
SCOTT DesJARLAIS, Tennessee
REID J. RIBBLE, Wisconsin
DAVID A. TROTT, Michigan
LEE M. ZELDIN, New York
DANIEL DONOVAN, New York
Amy Porter, Chief of Staff Thomas Sheehy, Staff Director
Jason Steinbaum, Democratic Staff Director
---------
Subcommittee on Africa, Global Health, Global Human Rights, and
International Organizations
CHRISTOPHER H. SMITH, New Jersey, Chairman
MARK MEADOWS, North Carolina KAREN BASS, California
CURT CLAWSON, Florida DAVID CICILLINE, Rhode Island
SCOTT DesJARLAIS, Tennessee AMI BERA, California
DANIEL DONOVAN, New York
C O N T E N T S
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Page
MARKUP ON
H.R. 2189, To direct the President to submit to Congress a report
on fugitives currently residing in other countries whose
extradition is sought by the United States and related matters. 3
H.R. 3833, To require a regional strategy to address the threat
posed by Boko Haram............................................ 8
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD
APPENDIX
Markup notice.................................................... 22
Markup minutes................................................... 23
Markup summary................................................... 25
TO DIRECT THE PRESIDENT TO SUBMIT TO CONGRESS A REPORT ON FUGITIVES
CURRENTLY RESIDING IN OTHER COUNTRIES WHOSE EXTRADITION IS SOUGHT BY
THE UNITED STATES AND RELATED MATTERS; AND TO REQUIRE A REGIONAL
STRATEGY TO ADDRESS THE THREAT POSED BY BOKO HARAM
----------
THURSDAY, SEPTEMBER 22, 2016
House of Representatives,
Subcommittee on Africa, Global Health,
Global Human Rights, and International Organizations,
Committee on Foreign Affairs,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:00 p.m., in
room 2200 Rayburn House Office Building, Hon. Christopher H.
Smith (chairman of the subcommittee) presiding.
Mr. Smith. Good afternoon, and the subcommittee will come
to order.
Pursuant to notice, we are here this afternoon to mark up
H.R. 2189, Walter Patterson and Werner Foerster Justice and
Extradition Act, as introduced, and H.R. 3833, To require a
regional strategy to address the threat posed by Boko Haram, as
introduced.
The first measure, and I will be very brief, the Walter
Patterson and Werner Foerster Justice and Extradition Act, was
introduced by me along with my good friend and fellow New
Jersey Congressman Albio Sires.
It has broad bipartisan support with an equal number of
Democrats and Republicans as cosponsors. Roughly \1/3\ of the
20 cosponsors are members of the House Committee on Foreign
Affairs, including Mr. Donovan from our subcommittee, and I
invite others to consider joining on as cosponsors.
The second measure, which seeks a regional strategy for
combating Boko Haram, was introduced by Congresswoman Frederica
Wilson and has 45 cosponsors including my good friend and
colleague, Ms. Karen Bass.
I am very supportive of its objectives and my staff has
worked with Ms. Wilson's staff on some of the text of that
measure.
Due to the fact there are a number of concurrent hearings
and other events vying for the attention of the subcommittee
members and having consulted with the ranking member, it is the
intent of the Chair to expedite consideration of these measures
by holding a vote on each measure separately followed by an
opportunity to make comments.
All members have copies of H.R. 2189 and H.R. 3833 before
them. After we have concluded our expedited consideration I'd
be glad to recognize any member including myself and the
ranking member for any statements on the issues and I would
also invite Congresswoman Wilson to make any statement that she
would like to make on her bill as well.
All members are given leave to insert written remarks into
the record should they choose to do so. Seeing that we do have
the requisite number of members present, without objection the
following will be considered read: H.R. 2189, the Walter
Patterson and Werner Foerster Justice and Extradition Act, as
introduced, and H.R. 3833, to require a regional strategy to
address the threat posed by Boko Haram, as introduced.
[The information referred to follows:]H.R.
2189 deg.
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Mr. Smith. The Chair moves that H.R. 2189, the Walter
Patterson and Werner Foerster Justice and Extradition Act, be
adopted as introduced. All those in favor say aye. Aye. All
those opposed say no.
Ms. Bass. No.
Mr. Smith. The ayes have it, in the opinion of the Chair.
The item is adopted. Did you want to record a vote?
Ms. Bass. Yes.
Mr. Smith. Ms. Bass requests to record a vote.
Ms. Bass. Thank you. Thank you, Mr. Chair, and thank you
for holding this markup.
In the unusual situation, with all due respect, I did want
to verbalize my opposition to H.R. 2189 and specifically my
concern is is that this legislation could undermine what I
believe has been considerable progress regarding the bilateral
relationship between the U.S. and Cuba since the normalization
of relations was announced by President Barack Obama on
December 17, 2014.
The United States and Cuba are currently conducting a full
spectrum of bilateral negotiations with which to further
establish working relations between the two countries.
With the resumption of full diplomatic ties following the
reopening of the respective Embassies in Washington and Havana,
we have seen a number of announcements from the administration
and travel to Cuba by U.S. Government officials.
The State Department has emphasized and reiterated the
historical significance of this progress following the more
than 50 years during which there was no official communication
between the U.S. and Cuba.
The State Department has also emphasized the critical
importance of these bilateral negotiations in terms of an
ongoing dialogue crucial to furthering cooperation between
Washington and Havana on a range of issues such as
extradition--critical to both capitals.
The issue of extradition is indeed important to both
Washington and Havana. Regarding the latter, the Cuban
Government continues to question the acquittal in the U.S. of
Luis Posada Carriles for the 1976 suitcase bombing of Cubana
Airlines.
For the U.S., the issue of U.S. fugitives living in Cuba
remains a key issue, which is why it is part of the ongoing
dialogue.
To date, the U.S. has held two law enforcement dialogues
with Cuba in November 2015 and in May 2016 and a third round is
currently being scheduled.
The dialogues have included a discussion on a wide range of
law enforcement cooperation including the issue of U.S.
fugitives from justice living in Cuba.
As such, it appears that H.R. 2189 could circumvent this
newly established process of negotiations agreed on by the U.S.
and Cuba and in doing so creates a dangerous precedent that not
only could potentially undermine the bilateral relationship but
also challenges the administration's new dialogue with Cuba's
Government and its citizens.
Further, H.R. 2189 may also serve to raise questions on the
part of the Cuban Government with regard to the real intent of
the U.S. administration's ongoing bilateral negotiations and my
concern is that it could contribute to lessening cooperation
between our two countries.
With that, I thank you, Mr. Chair, for allowing me to state
my opinion and for your leadership on this issue.
Mr. Smith. Would you like a recorded vote?
Ms. Bass. I would like a recorded vote.
Mr. Smith. The clerk will call the roll.
Mr. Kearney. Ms. Bass.
Ms. Bass. No.
Mr. Kearney. Mr. DesJarlais.
Mr. DesJarlais. Yes.
Mr. Kearney. Mr. Donovan.
Mr. Donovan. Yes.
Mr. Kearney. Mr. Meadows.
Mr. Meadows. Yes.
Mr. Kearney. Mr. Smith.
Mr. Smith. Yes.
Mr. Kearney. The recorded vote is four yeas, one nay.
Mr. Smith. The ayes have it and the bill is agreed to.
I'd now like to move H.R. 3833, to require a regional
strategy to address the threat by Boko Haram, be adopted as
introduced. All those in favor, say aye. Aye. All those opposed
say no. The ayes have it. In the opinion of the Chair, the item
is adopted.
Without objection, the measures are reported favorably to
the full committee. The staff is directed to make technical and
conforming changes.
I'd note that we have completed our formal consideration,
again, out of deference to our members' schedules.
But anyone who would like to stay for any comments on the
two measures just passed please stick around and I would
recognize myself and the ranking member for those purposes and
anyone else who would like to speak on the measures just
adopted.
Let me speak first on H.R. 2189. In 1963, Walter Patterson,
a decorated World War II veteran and Bronze Star recipient, was
shot to death and savagely beaten during a robbery committed by
George Wright.
Mr. Wright was subsequently convicted of the murder and
sentenced to 15 to 30 years but in 1970 escaped from Leesburg
State Prison, now renamed Bayside State Prison, located in New
Jersey.
For 41 years George Wright's whereabouts were unknown
though he was also sought for hijacking a passenger jet during
this period. He hijacked it to Algiers and he built a life
based on lies and on deception.
When George Wright was located in Portugal in 2010, the
Patterson family naturally thought that as a convicted felon
and prison escapee he would be speedily returned to the United
States to finish serving his sentence.
Portugal, after all, is a friend of the U.S., committed to
the rule of law, and has a longstanding extradition agreement
with the United States.
Shockingly, a Portuguese court rejected the U.S.
extradition request in 2011 and efforts to reverse that
decision by the U.S. Government ceased in 2012.
The Patterson family, so deeply wounded by the murder of
their beloved family member and then by the murderer's escape,
have had their wounds reopened by the Portugese Government's
refusal to extradite George Wright.
I point out that I chaired, a few years back, a hearing
where we heard from members of the family who spoke very
eloquently and very much in pain about the loss of their
husband, father and, others, their friend.
And the now retired FBI agent who tracked him down also
spoke and, again, made a very, very strong representation as to
how important it was that he be brought back to the United
States to complete his sentence.
There is no closure whatsoever of that terrible, terrible
murder. Not that there ever is fully for the family and the
surviving friends, and especially family, but to know that he
is living in Portugal free and clear is unconscionable.
This failure of U.S. international extradition policy is
not isolated. In 1973, Werner Foerster, a New Jersey state
trooper, was murdered by Joanne Chesimard during a routine
traffic stop.
I know the exact spot. It's on the New Jersey Turnpike
right near the New Brunswick exit. I have been to it. I've
actually gone right where the murder took place.
In 1977, Ms. Chesimard was convicted of murder and
sentenced to life in prison. She escaped in 1979 and fled to
Cuba where she remains to this day an honored guest of the
Cuban Government.
Many other fugitives are suspected of taking refuge in Cuba
including infamous criminals Victor Manuel Gerena, wanted for
armed robbery; Charles Hill, wanted for air piracy, kidnapping,
and murder; William Morales, a prison escapee previously
convicted of weapons charges; Cheri Dalton, wanted for a string
of robberies; and Frank Terpil, a former CIA employee convicted
in absentia on arms trafficking charges.
With or without an extradition treaty, to both allies of
the United States and unfriendly governments, there are too
many cases around the world where efforts to extradite
convicted criminals have simply stalled, leaving surviving
families without closure and our efforts to seek justice
remains in limbo.
Instead of continuing to allow violent criminals to live
openly abroad, apparently outside of our Government's reach, we
must strengthen the executive branch's ability to take action
to resolve failed extraditions.
In response to this problem, this bill requires the
executive branch to provide Congress with an annual study on
the various aspects of U.S. extradition policy such that
Congress can take action to address outstanding issues in the
extradition system.
It's broken. We need to fix it. Currently, the executive
branch's management of the extradition system is largely opaque
to congressional oversight and, hence, resistant to reform.
The bill requires the executive branch to provide Congress
with an annual report on a number of aspects of--on a number of
aspects of U.S. international extradition policy so that
Congress can take appropriate action to address these
outstanding issues.
These reports will also assist the executive branch by
compiling all relevant data in one place and providing an
overview on the success or lack thereof of international
extradition efforts.
These reports will include, 1) the number of fugitives
residing in other countries for whom the U.S. is seeking
extradition or rendition and a list of those countries; 2) the
diplomatic efforts by the U.S. and other efforts to secure the
return of these fugitives; 3) the average length and time these
cases have been outstanding; 4) the number of satisfactorily
resolved cases; 5) factors that have been barriers to case
resolution; and 6) information on the number of U.S. citizens
whose extradition has been sought by other countries during the
past 5 years--a list of those countries seeking extradition and
the outcomes of those requests.
The Government of the United States is unable to adequately
track and secure extradition of fugitives abroad and, as a
result, enables countless criminals to escape justice.
This needs to change. The Walter Patterson and Werner
Foerster Justice and Extradition Act is an important step
toward strengthening the oversight role of Congress and giving
the executive branch the tools it needs to successfully
extradite wanted fugitives.
The bill has the support of a diverse coalition of advocacy
organizations including Concerns of Police Survivors, the
National Association of Police Organizations, the National
Organization for Victim Assistance, the National Sheriffs
Association, and the American Bail Coalition.
I'd like to just say a couple of remarks--and then I'll
yield to my colleagues--on Boko Haram, the second bill, H.R.
3833.
For several years this subcommittee has pursued a more
effective U.S. policy to address the threat posed by the
terrorist group Boko Haram.
We urged the U.S. declaration of Boko Haram as a Foreign
Terrorist Organization, or an FTO, and called on the
administration for several years to use its authority under the
declaration to investigate those providing material assistance
to the terrorist group.
On the day that we went to markup on a bill that I had
introduced to so designate it, I am happy to say, the State
Department reversed course and announced that yes, Boko Haram
is an FTO and they would begin tracking and trying to find its
money supply flow, where they are getting weapons, and the
like.
We have held numerous hearings in this subcommittee on
various aspects of Boko Haram and I have made two trips within
the last 2 years including to Jos, where many of the churches
were firebombed by Boko Haram.
I met with Archbishop Kaigama, an unbelievable church
cleric, who had nothing but compassion, even for those doing
the killing. But he wanted justice.
And I was amazed that when I met with the imam and his top
leadership in the Muslim community in Jos, the mutual
admiration of the archbishop and the Muslim leadership there
was extraordinary.
There was no distance between them on trying to stop the
nefarious ways and the killing and the maiming and the raping
of Boko Haram.
We have found that the impact of Boko Haram in Nigeria is
complex and that's why I support H.R. 3833. It calls for a
comprehensive regional strategy to support multilateral
efforts, support for rescue efforts for all the women and girls
including the Chibok girls who have been kidnapped.
I have met with many of those--there weren't many but a
few--that had escaped in the early days of that. There were
some Muslims among them. They were predominantly Christian and
they had--and their parents, obviously, who still have not seen
their children, continue to this moment to be in great agony.
Boko Haram is not just a Nigeria issue but poses a threat
to the entire Lake Chad region including Chad, Niger, and
Cameroon. That includes not only a direct threat from terrorism
but the increase in humanitarian needs in the entire region.
IDPs and refugees are exploding in number.
We have been involved in discussions regarding a Lake Chad
Special Envoy. Regional problems require regional solutions
and, again, a strategy like this, I think, would be
extraordinarily helpful and I want to thank Ms. Wilson for her
leadership on this.
I would like to yield to Ms. Bass for any comments she
might make and then to my friend, Ms. Wilson.
Ms. Bass. Well, thank you, Mr. Chairman.
And as you mentioned in your comments, you have been taking
up the charge against Boko Haram for as long as I have been on
this subcommittee and we have had numerous hearings on it.
And so taking the time to do the markup on this piece of
legislation, I think, is consistent with the leadership that
you have had on this issue.
I want to commend my colleague, Frederica Wilson, because
everyone out of 435 Members of Congress knows that
Representative Wilson has been leading the charge to bring back
the Chibok girls and against Boko Haram more than anyone else
in the House of Representatives.
And so I am happy to support H.R. 3833 and, specifically,
the bill calls for a regional strategy to address the threat
posed by Boko Haram, and we know that Boko Haram has attested
to its linkages with the Islamic State and the past and
currently leadership of Boko Haram views the Lake Chad region
as the Islamic State's west Africa province. That's a shame.
It should be noted and commended that our Government's
support of the 8,000-troop multinational joint task force,
which is composed of troops from Nigeria, Chad, Niger,
Cameroon, and Benin, as commendable.
But much more needs to be done by our Government to develop
an effective regional strategy to assist the task force in
defeating Boko Haram and to help the region address the root
causes as to why you have an organization like Boko Haram exist
to begin with, and that is addressing the social and economic
infrastructure that would really help address the conditions
that lead to groups--terrorist organizations like Boko Haram.
I was recently in Nigeria in August and I met with the U.S.
Government as well as Nigerian representatives and I am
encouraged with the new administration in Nigeria that more is
being done and I am encouraged that under the leadership of
President Buhari there seems to be more of an openness to
cooperating with our military that really didn't exist under
the last administration.
So I am hoping that our passage today of H.R. 3833 moves us
in that direction, and I yield back my time.
Mr. Smith. I yield to Ms. Wilson.
Ms. Wilson. Thank you, Chairman Smith. Thank you so very,
very much, and thank you, Ranking Member Bass. Thank you.
This is a wonderful day and I am just so pleased to be here
in this subcommittee hearing when we mark up this very
important piece of legislation.
This is something, I think, that tugs at the hearts of all
of the Members of Congress, regardless of party. We have our
Independents and Republicans, Democrats joining with us and I
am so pleased to see H.R. 3833 take this important step forward
in the legislative process.
Senator Susan Collins of Maine has successfully passed a
similar bill and now it is our turn. It is our turn to pass our
bill.
Boko Haram entered the global radar 892 days ago when it
kidnapped nearly 300 Nigerian girls from their dormitory rooms
in the dead of night. Several of the girls escaped that night.
Another found her way out of of captivity earlier this year.
But 218 are still being held captive.
The good news is that the Nigerian Government is attempting
to negotiate with Boko Haram for the girls' release, and I need
to find out from the committee, what is your opinion on this
whole negotiation piece and how do you see it and has anyone
had any discussion about how it is moving forward?
I know Mr. Buhari was here and he met with the President
and the United Nations, and I am really concerned about it and
I am really concerned because each time I read the newspaper I
see another step.
Like, today--2 days ago they said this was the--this would
be the actual fourth time that the President has tried to
negotiate a prisoner swap and that the prisoners that he would
release that he would not just allow them to go back to Boko
Haram but that they were going to set up training and jobs for
these young men so that they would be--want to become
contributing citizens of Nigeria.
And then we also heard that the girls were scattered and it
would be impossible for this to happen. So we were just--I was
just thinking in my mind that maybe the committee had some
answers for me and I know--I know Ms. Bass has been to Nigeria
recently as to--is this true about these--is this true?
Ms. Bass. Well, I was there in August and we didn't hear
anything about the Nigerian Government doing direct
negotiations with Boko Haram. What we heard about was their
stepped-up efforts to eradicate Boko Haram.
Ms. Wilson. This--uh-huh. This is--this is the last--it
says the New York Times--Nigeria describes three failed
negotiations with Boko Haram on the kidnapped girls. Did you
all see this article?
Ms. Bass. Yes, but what is not clear from this article is
that when those negotiations were underway and when they
failed. So when I was there--it says they opened negotiations
July 2015 right after Buhari was sworn in.
But when I was there in August, there were not discussions
of negotiations. It was eradication. So it might have been
after the three failed negotiations.
Ms. Wilson. It was----
Ms. Bass. It might have been.
Ms. Wilson. Okay. So as we move forward, we have all these
IDPs and, hopefully, when we say bring back our girls that we
are not just talking about the Chibok girls but we are talking
about all of the people that have been displaced, all of the
girls and women that have been raped and kidnapped.
And I am hoping that with the passage of this bill, this
resolution, that the Congress will be sensitized to what we are
trying to do and perhaps as we move forward they will press for
the passage of this on the floor.
So how do we make that happen, Chairman Smith?
Mr. Smith. Well, it needs to pass the full committee first
and this is the first and, I think, important step because the
text has been very thoroughly vetted and so that's why we are
doing the markup.
I would hope as our next markup, although it could be
waived by Chairman Royce if he so desired and go directly to
the floor. It does have a number of cosponsors--what, 45 I
think is the number. Whatever it is, it is good.
And your question on the kidnapped girls, today the
Secretary-General and Buhari--on a sidebar meeting at the
United Nations, Buhari put out a statement that he would
welcome U.N. intervention, any one of its bodies, to try to
negotiate with Boko Haram to release all, hopefully, of those
Chibok girls.
And I would note it is not just the Chibok girls. As we all
know, they have abducted many more young women since and killed
many more young men. They kill the men and abduct the women.
But I think if the U.N. could put together a negotiating
team as has been asked by Buhari that might be a means to the
end.
There have--even under Goodluck Jonathan there were
negotiations and they never went anywhere, unfortunately, given
who Boko Haram actually is. But hope springs eternal that we
will get some action by the United Nations.
Ms. Wilson. When we had the opportunity to go to Abuja, we
met a gentleman who was an activist at the time and now he's a
Senator in Nigeria, and he was a part of the first approach of
negotiation under Mr. Goodluck Jonathan.
And since that time, he has been elected to the Senate and
they have come to visit with me and they talk of this. So
that's why I want to really just try to see what's happening on
the ground because to me I just have to live every day thinking
until someone just shows me a mass grave that these girls are
still alive.
And even if they are scattered, I am good. I just don't
want them to be killed or miserable or being raped every day
and every night or sold into prostitution or to be trafficked
or that is what I want to know and want to find out. So anyone
who goes to Nigeria I try to question them and try to find out
what are they hearing on the ground.
And we have some Nigerians that we talk to on the phone to
bring back our girls in Nigeria, that segment of them, and they
are constantly concerned about the killing of Christians in the
area and that is--I just want to thank you for doing this.
I want to thank you for supporting this, because this is
just phenomenal for this world, and I think that a lot of
people are sleeping on this issue and it has been proven that
we have ISIS and we have all these others terrorist groups.
But Boko Haram is the most vicious and they have killed
more people and displaced more people. So this is phenomenal
that you're doing this today and I want you to know that I
believe that we are all on the right side of history.
Thank you. Thank you so much.
Mr. Smith. Thank you very much for your very eloquent
remarks and your leadership. And thank you, Karen Bass. The
markup is adjourned.
Ms. Wilson. Thank you.
[Whereupon, at 2:30 p.m., the subcommittee was adjourned.]
A P P E N D I X
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