[Congressional Record Volume 145, Number 143 (Wednesday, October 20, 1999)]
[Senate]
[Pages S12932-S12934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

               By Mr. HATCH (for himself and Mr. Leahy):

  S. 1754. A bill entitled ``Denying Safe Havens to International and 
War Criminals Act of 1999; to the Committee on the Judiciary.


   denying safe havens to international and war criminals act of 1999

  Mr. HATCH. Mr. President. I rise today to introduce, along with 
Senator Leahy of Vermont, a bill titled ``Denying Safe Havens to 
International and War Criminals Act of 1999.'' This is an important 
measure that I hope can move promptly through the Senate Judiciary 
Committee and through the Senate. The provisions contained in this bill 
are crucial in combating crime internationally. I believe that it will 
give law enforcement critical tools in more effectively pursuing 
fugitives and ware criminals.
  I thank my ranking member for his work on this matter. This bill 
incorporates in title III, his own bill dealing with war criminals and 
it is an important component of this legislation.
  I ask unanimous consent to include the text of the bill in the 
Record.
  [Data not available at time of printing.]
   Mr. LEAHY. Mr. President, I am pleased to introduce today 
with Senator Hatch a bill to give United States law enforcement 
agencies important tools to help them combat international crime. The 
``Denying Safe Haven to International and War Criminals Act of 1999'' 
contains a number of provisions that I have long supported.
  Unfortunately, crime and terrorism directed at Americans and American 
interests abroad are part of our modern reality. Furthermore, organized 
criminal activity does not recognize national boundaries. With 
improvements in technology, criminals now can move about the world with 
ease. They can transfer funds with the push of a button, or use 
computers and credit card numbers to steal from American citizens and 
businesses from any spot on the globe. They can strike at Americans 
here and abroad. They can commit crimes abroad and flee quickly to 
another jurisdiction or country. The playing field keeps changing, and 
we need to change with it.
  This bill would help make needed modifications in our laws, not with 
sweeping changes but with thoughtful provisions carefully targeted at 
specific problems faced by law enforcement. We cannot stop 
international crime without international cooperation, and this bill 
gives additional tools to investigators and prosecutors to promote such 
cooperation, while narrowing the room for maneuver that international 
criminals and terrorists now enjoy.
  I initially introduced title I, section 4 of this bill, regarding 
fugitive disentitlement, on April 30, 1998, in the ``Money Laundering 
Enforcement and Combating Drugs in Prisons Act of 1998,'' S. 2011, with 
Senators Daschle, Kohl, Feinstein and Cleland. Again, on July 14, 1998, 
I introduced with Senator Biden, on behalf of the Administration, the 
``International Crime Control Act of 1998,'' S. 2303, which contains 
most of the provisions set forth in this bill. Virtually all of the 
provisions in the bill were also included in

[[Page S12933]]

another major anti-crime bill, the ``Safe Schools, Safe Streets, and 
Secure Borders Act of 1998,'' S. 2484, that I introduced on September 
16, 1998, along with Senators Daschle, Biden, Moseley-Braun, Kennedy, 
Kerry, Lautenberg, Mikulski, Bingaman, Reid, Murray, Dorgan, and 
Torricelli. In addition, Senator Hatch and I included title II, section 
1 of this bill regarding streamlined procedures for MLAT requests in 
our ``International Crime and Anti-Terrorism Amendments of 1998'', S. 
2536, which passed the Senate last October 15, 1998.
  We have drawn from these more comprehensive bills a set of discrete 
improvements that enjoy bipartisan support so that important provisions 
may be enacted promptly. Each of these provisions has been a law 
enforcement priority.
  Title I sets forth important proposals for combating international 
crime and denying safe havens to international criminals. In 
particular, section 1 would provide for extradition under certain 
circumstances for offenses not covered in a treaty or absent a treaty. 
Treaties negotiated many years ago specified the crimes for which 
extradition would be allowed. Developments in criminal activity, 
however, have outpaced the ability of countries to renegotiate treaties 
to include newly developing criminal activity. Under the bill, 
extradition would nevertheless proceed as if the crime were covered by 
a treaty for ``serious offenses,'' which are defined to include crimes 
of violence, drug crimes, bribery of public officials, obstruction of 
justice, money laundering, fraud or theft involving over $100,000, 
counterfeiting over $100,000, a conspiracy to commit any of these 
crimes, and sex crimes involving children. The section sets forth 
detailed procedures and safeguards for proceeding with extradition 
under these circumstances.

  Section 2 contains technical and conforming amendments.
  Section 3 would give the Attorney General authority to transfer a 
person in custody in the United States to a foreign country to stand 
trial where the Attorney General, in consultation with the Secretary of 
State, determines that such transfer would be consistent with the 
international obligations of the United States. The section also allows 
for the transfer of a person in state custody in the United States to a 
foreign country to stand trial after a similar determination by the 
Attorney General and the consent of the State authorities. Similarly, 
the Attorney General is authorized to request the temporary transfer of 
a person in custody in a foreign country to face prosecution in a 
federal or state proceeding.
  Section 4 is designed to stop drug kingpins, terrorists and other 
international fugitives from using our courts to fight to keep the 
proceeds of the very crimes for which they are wanted. Criminals should 
not be able to use our courts at the same time they are evading our 
laws.
  Section 5 would permit the transfer of prisoners to their home 
country to serve their sentences, on a case-by-case basis, where such 
transfer is provided by treaty. Under this section, the prisoner need 
not consent to the transfer.
  Section 6 would provide a statutory basis for holding and 
transferring prisoners who are sent from one foreign country to another 
through United States airports, preventing them from claiming asylum 
while they are temporarily in the United States.
  Title II of the bill is designed to promote global cooperation in the 
fight against international crime. Specifically, section 1 would permit 
United States courts involved in multi-district litigation to enforce 
mutual legal assistance treaties and other agreements to execute 
foreign requests for assistance in criminal matters in all districts 
involved in the litigation.
  Section 2 outlines procedures for the temporary transfer of 
incarcerated witnesses. Specifically, the bill would permit the United 
States, as a matter of reciprocity, to send persons in custody in the 
United States to a foreign country and to receive foreign prisoners to 
testify in judicial proceedings, with the consent of the prisoner and, 
where applicable, the State holding the prisoner. A transfer may not 
create a platform for an application for asylum or other legal 
proceeding in the United States. Decisions of the Attorney General 
respecting such transfers are to be made in conjunction with the 
Secretary of State.
  Title III of the bill is the ``Anti-Atrocity Alien Deportation Act,'' 
S. 1235, which I introduced on July 15, 1999, with Senator Kohl and is 
cosponsored by Senator Lieberman. This bill has also been introduced in 
the House with bipartisan support as H.R. 2642 and H.R. 3058. This 
title of the bill would amend the Immigration and Nationality Act to 
expand the grounds for inadmissibility and deportation to cover aliens 
who have engaged in acts of torture abroad. ``Torture'' is already 
defined in the Federal criminal code, 18 U.S.C. Sec.  2340, in a law 
passed as part of the implementing legislation for the ``Convention 
Against Torture.'' Under this Convention, the United States has an 
affirmative duty to prosecute torturers within its boundaries 
regardless of their respective nationalities. 18 U.S.C. Sec.  2340A 
(1994).

  This legislation would also provide statutory authorization for OSI, 
which currently owes its existence to an Attorney General order, and 
would expand its jurisdiction to authorize investigations, 
prosecutions, and removal of any alien who participated in torture and 
genocide abroad--not just Nazis. The success of OSI in hunting Nazi war 
criminals demonstrates the effectiveness of centralized resources and 
expertise in these cases. OSI has worked, and it is time to update its 
mission. The knowledge of the people, politics and pathologies of 
particular regimes engaged in genocide and human rights abuses is often 
necessary for effective prosecutions of these cases and may best be 
accomplished by the concentrated efforts of a single office, rather 
than in piecemeal litigation around the country or in offices that have 
more diverse missions.
  Unquestionably, the need to bring Nazi war criminals to justice 
remains a matter of great importance. Funds would not be diverted from 
the OSI's current mission. Additional resources are authorized in the 
bill for OSI's expanded duties.
  These are important provisions that I have advocated for some time. 
They are helpful, solid law enforcement provisions. I thank my friend 
from Utah, Senator Hatch, for his help in making this bill a reality. 
Working together, we were able to craft a bipartisan bill that will 
accomplish what all of us want, to make America a safer and more secure 
place.
  I ask that the attached sectional analysis of the bill be printed in 
the Record.
  The summary follows:

  Denying Safe Havens to International and War Criminals Act of 1999--
                      Section by Section Analysis


        title i--denying safe havens to international criminals

    Section 1. Extradition for Offenses Not Covered by a List Treaty

       This section allows the Attorney General to seek 
     extradition of a person for specified crimes not covered by a 
     treaty. Treaties negotiated many years ago specified the 
     crimes for which extradition would be allowed, and 
     developments in criminal activity have outpaced the ability 
     of countries to renegotiate treaties to include newly 
     developing criminal activity. Extradition would proceed as if 
     the crime were covered by treaty, and the section sets forth 
     detailed procedures and safeguards. Applicable crimes include 
     crimes of violence, drug crimes, obstruction of justice, 
     money laundering, fraud or theft involving over $100,000, 
     counterfeiting over $100,000, conspiracy to commit any of 
     these crimes, and sex crimes involving children.

             Section 2. Technical and Conforming Amendments

       This section amends related statutes to conform with 
     Section 1.

  Section 3. Temporary Transfer of Persons in Custody for Prosecution

       This section allows a temporary transfer of a person from 
     another country to the United States to stand trial where the 
     Attorney General, in consultation with the Secretary of State 
     determines that such transfer would be consistent with the 
     international obligations of the United States. The section 
     also allows for the transfer of a person in custody in the 
     United States to a foreign country to stand trial after a 
     similar determination by the Attorney General.

 Section 4. Prohibiting Fugitives From Benefiting From Fugitive Status

       This section adds a new section 2466 (Fugitive 
     Disentitlement) to Title 28 to provide that a person cannot 
     stay outside the United States, avoiding extradition, and at 
     the same time participate as a party in a civil action over a 
     related civil forfeiture claim. The Supreme Court recently 
     decided that a previous judge-made rule to the same effect 
     required

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     a statutory basis. This section provides that basis.

Section 5. Transfer of Foreign Person to Serve Sentences in Country of 
                                 Origin

       This section permits transfer, on a case-by-case basis, of 
     prisoners to their home country where such transfer is 
     provided by treaty. Under this section the prisoner need not 
     consent to the transfer.

  Section 6. Transit of Fugitives for Prosecution in Foreign Countries

       This section would provide a statutory basis for holding 
     and transferring prisoners who are sent from one foreign 
     country to another through United States airports, at the 
     discretion of the Attorney General. The temporary presence in 
     the United States would not be the basis for a claim for 
     asylum.


      title II--promoting global cooperation in the fight against 
                          international crime

    Section 1. Streamlined Procedures for Execution of MLAT Requests

       This section permits United States courts involved in 
     multi-district litigation to enforce mutual legal assistance 
     treaties and other agreements to execute foreign requests for 
     assistance in criminal matters in all districts involved in 
     the litigation or request.

        Section 2. Temporary Transfer of Incarcerated Witnesses

       This section permits the United States, as a matter of 
     reciprocity, to send persons in custody in the United States 
     to a foreign country and to receive foreign prisoners to 
     testify in judicial proceedings, with the consent of the 
     prisoner and, where applicable, the State holding the 
     prisoner. A transfer may not create a platform for an 
     application for asylum or other legal proceeding in the 
     United States. Decisions of the Attorney General respecting 
     such transfers are to be made in conjunction with the 
     Secretary of State.


               title III--anti-atrocity alien deportation

    Section 1. Inadmissibility and Removability of Aliens Who Have 
                    Committed Acts of Torture Abroad

       Currently, the Immigration and Nationality Act provides 
     that (i) participants in Nazi persecutions during the time 
     period from March 23, 1933 to May 8, 1945, and (ii) aliens 
     who engaged in genocide, are inadmissible to the United 
     States and deportable. See 8 U.S.C. Sec. 1182(a)(3)(E)(i) and 
     Sec. 1227(a)(4)(D). The bill would amend these sections of 
     the Immigration and Nationality Act by expanding the grounds 
     for inadmissibility and deportation to cover aliens who have 
     engaged in acts of torture abroad. The United Nations' 
     ``Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment'' entered into force with 
     respect to the United States on November 20, 1994. This 
     Convention, and the implementing legislation, the Torture 
     Victims Protection Act, 18 U.S.C. Sec. Sec. 2340 et seq., 
     includes the definition of ``torture'' incorporated in the 
     bill and imposed an affirmative duty on the United States to 
     prosecute torturers within its jurisdiction.

    Section 2. Establishment of the Office of Special Investigations

       Attorney General Civiletti established OSI in 1979 within 
     the Criminal Division of the Department of Justice, 
     consolidating within it all ``investigative and litigation 
     activities involving individuals, who prior to and during 
     World War II, under the supervision of or in association with 
     the Nazi government of Germany, its allies, and other 
     affiliated [sic] governments, are alleged to have ordered, 
     incited, assisted, or otherwise participated in the 
     persecution of any person because of race, religion, national 
     origin, or political opinion.'' (Attorney Gen. Order No. 851-
     79). The OSI's mission continues to be limited by that 
     Attorney General Order.
       This section would amend the Immigration and Nationality 
     Act, 8 U.S.C. Sec. 1103, by directing the Attorney General to 
     establish an Office of Special Investigations within the 
     Department of Justice with authorization to investigate, 
     remove, denaturalize, or prosecute any alien who has 
     participated in torture or genocide abroad. This would expand 
     OSI's current authorized mission. Additional funds are 
     authorized for these expanded duties to ensure that OSI 
     fulfills its continuing obligations regarding Nazi war 
     criminals.
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