[Congressional Record Volume 145, Number 144 (Thursday, October 21, 1999)]
[Senate]
[Pages S13026-S13029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DENYING SAFE HAVENS TO INTERNATIONAL AND WAR CRIMINALS ACT OF 1999

  On October 20, 1999, Mr. Hatch, for himself and Mr. Leahy, introduced 
S. 1754. The text of the bill follows:

                                S. 1754

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) In General.--This Act may be cited as the ``Denying 
     Safe Havens to International and War Criminals Act of 1999''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:
Sec. 1. Short title; table of contents

    TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL AND WAR CRIMINALS

Sec. 1. Extradition for the offenses not covered by a list treaty.
Sec. 2. Technical and conforming amendments.
Sec. 3. Temporary transfer of persons in custody for prosecution.
Sec. 4. Prohibiting fugitives from benefiting from fugitive status.
Sec. 5. Transfer of foreign prisoners to serve sentences in country of 
              origin.
Sec. 6. Transit of fugitives for prosecution in foreign countries.

     TITLE II--PROMOTING GLOBAL COOPERATION IN THE FLIGHT AGAINST 
                          INTERNATIONAL CRIME

Sec. 1. Streamlined procedures for execution of MLAT requests.
Sec. 2. Temporary transfer of incarcerated witnesses.

               TITLE III--ANTI-ATROCITY ALIEN DEPORTATION

Sec. 1. Inadmissability and removability of aliens who have committed 
              acts of torture abroad.
Sec. 2. Establishment of the office of special investigations.

        TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

     SEC. 1. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST 
                   TREATY.

       Chapter 209 of title 18, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 3197. Extradition for offenses not covered by a list 
       treaty

       ``(a) Serious Offenses Defined.--In this section, the term 
     `serious offense' means conduct that would be--
       ``(1) an offense described in any multilateral treaty to 
     which the United States is a party that obligates parties--
       ``(A) to extradite alleged offenders found in the territory 
     of the parties; or
       ``(B) submit the case to the competent authorities of the 
     parties for prosecution; or
       ``(2) conduct that, if that conduct occurred in the United 
     States, would constitute--
       ``(A) a crime of violence (as defined in section 16);
       ``(B) the distribution, manufacture, importation, or 
     exportation of a controlled substance (as defined in section 
     201 of the Controlled Substances Act (21 U.S.C. 802));
       ``(C) bribery of a public official or misappropriation, 
     embezzlement, or theft of public funds by or for the benefit 
     of a public official;
       ``(D) obstruction of justice, including payment of bribes 
     to jurors or witnesses;
       ``(E) the laundering of monetary instruments, as described 
     in section 1956, if the value of the monetary instruments 
     involved exceeds $100,000;
       ``(F) fraud, theft, embezzlement, or commercial bribery if 
     the aggregate value of property that is the object of all of 
     the offenses related to the conduct exceeds $100,000;
       ``(G) counterfeiting, if the obligations, securities, or 
     other items counterfeited have an apparent value that exceeds 
     $100,000;
       ``(H) a conspiracy or attempt to commit any of the offenses 
     described in any of subparagraphs (A) through (G), or aiding 
     and abetting a person who commits any such offense; or
       ``(I) a crime against children under chapter 109A or 
     section 2251, 2251A, 2252, or 2252A.
       ``(b) Authorization of Filing.--
       ``(1) In general.--If a foreign government makes a request 
     for the extradition of a person who is charged with or has 
     been convicted of an offense within the jurisdiction of that 
     foreign government, and an extradition treaty between the 
     United States and the foreign government is in force but the 
     treaty does not provide for extradition for the offense with 
     which the person has been charged or for which the person has 
     been convicted, the Attorney General may authorize the filing 
     of a complaint for extradition pursuant to subsections (c) 
     and (d).
       ``(2) Filing of complaints.--
       ``(A) In general.--A complaint authorized under paragraph 
     (1) shall be filed pursuant to section 3184.
       ``(B) Procedures.--With respect to a complaint filed under 
     paragraph (1), the procedures contained in sections 3184 and 
     3186 and the terms of the relevant extradition treaty shall 
     apply as if the offense were a crime provided for by the 
     treaty, in a manner consistent with section 3184.

[[Page S13027]]

       ``(c) Criteria for Authorization of Complaints.--
       ``(1) In general.--The Attorney General may authorize the 
     filing of a complaint under subsection (b) only upon a 
     certification--
       ``(A) by the Attorney General, that in the judgment of the 
     Attorney General--
       ``(i) the offense for which extradition is sought is a 
     serious offense; and
       ``(ii) submission of the extradition request would be 
     important to the law enforcement interests of the United 
     States or otherwise in the interests of justice; and
       ``(B) by the Secretary of State, that in the judgment of 
     the Secretary of State, submission of the request would be 
     consistent with the foreign policy interests of the United 
     States.
       ``(2) Factors for consideration.--In making any 
     certification under paragraph (1)(B), the Secretary of State 
     may consider whether the facts and circumstances of the 
     request then known appear likely to present any significant 
     impediment to the ultimate surrender of the person who is the 
     subject of the request for extradition, if that person is 
     found to be extraditable.
       ``(d) Cases of Urgency.--
       ``(1) In general.--In any case of urgency, the Attorney 
     General may, with the concurrence of the Secretary of State 
     and before any formal certification under subsection (c), 
     authorize the filing of a complaint seeking the provisional 
     arrest and detention of the person sought for extradition 
     before the receipt of documents or other proof in support of 
     the request for extradition.
       ``(2) Applicability of relevant treaty.--With respect to a 
     case described in paragraph (1), a provision regarding 
     provisional arrest in the relevant treaty shall apply.
       ``(3) Filing and effect of filing of complaints.--
       ``(A) In general.--A complaint authorized this subsection 
     shall be filed in the same manner as provided in section 
     3184.
       ``(B) Issuance of orders.--Uupon the filing of a complaint 
     under this subsection, the appropriate judicial officer may 
     issue an order for the provisional arrest and detention of 
     the person as provided in section 3184.
       ``(e) Conditions of Surrender; Assurances.--
       ``(1) In general.--Before issuing a warrant of surrender 
     under section 3184 or 3186, the Secretary of State may--
       ``(A) impose conditions upon the surrender of the person 
     that is the subject of the warrant; and
       ``(B) require those assurances of compliance with those 
     conditions as are determined by the Secretary to be 
     appropriate.
       ``(2) Additional assurances.--
       ``(A) In general.--In addition to imposing conditions and 
     requiring assurances under paragraph (1), the Secretary of 
     State shall demand, as a condition of the extradition of 
     the person in every case, an assurance described in 
     subparagraph (B) that the Secretary determines to be 
     satisfactory.
       ``(B) Description of assurances.--An assurance described in 
     this subparagraph is an assurance that the person that is 
     sought for extradition shall not be tried or punished for an 
     offense other than that for which the person has been 
     extradited, absent the consent of the United States.''.

     SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--Chapter 209 of title 18, United States 
     Code, is amended--
       (1) in section 3181, by inserting ``, other than section 
     3197,'' after ``The provisions of this chapter'' each place 
     that term appears; and
       (2) in section 3186, by striking ``or 3185'' and inserting 
     ``, 3185 or 3197''.
       (b) Clerical Amendment.--The analysis for chapter 209 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``3197. Extradition for offenses not covered by a list treaty.''.

     SEC. 3. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR 
                   PROSECUTION.

       (a) In General.--Chapter 306 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4116. Temporary transfer for prosecution

       ``(a) State Defined.--In this section, the term `State' 
     includes a State of the United States, the District of 
     Columbia, and a commonwealth, territory, or possession of the 
     United States.
       ``(b) Authority of Attorney General With Respect to 
     Temporary Transfers.--
       ``(1) In general.--Subject to subsection (d), if a person 
     is in pretrial detention or is otherwise being held in 
     custody in a foreign country based upon a violation of the 
     law in that foreign country, and that person is found 
     extraditable to the United States by the competent 
     authorities of that foreign country while still in the 
     pretrial detention or custody, the Attorney General shall 
     have the authority--
       ``(A) to request the temporary transfer of that person to 
     the United States in order to face prosecution in a Federal 
     or State criminal proceeding;
       ``(B) to maintain the custody of that person while the 
     person is in the United States; and
       ``(C) to return that person to the foreign country at the 
     conclusion of the criminal prosecution, including any 
     imposition of sentence.
       ``(2) Requirements for requests by attorney general.--The 
     Attorney General shall make a request under paragraph (1) 
     only if the Attorney General determines, after consultation 
     with the Secretary of State, that the return of that person 
     to the foreign country in question would be consistent with 
     international obligations of the United States.
       ``(c) Authority of Attorney General With Respect to 
     Pretrial Detentions.--
       ``(1) In general.--
       ``(A) Authority of attorney general.--Subject to paragraph 
     (2) and subsection (d), the Attorney General shall have the 
     authority to carry out the actions described in subparagraph 
     (B), if--
       ``(i) a person is in pretrial detention or is otherwise 
     being held in custody in the United States based upon a 
     violation of Federal or State law, and that person is found 
     extraditable to a foreign country while still in the pretrial 
     detention or custody pursuant to section 3184, 3197, or 3198; 
     and
       ``(ii) a determination is made by the Secretary of State 
     and the Attorney General that the person will be surrendered.
       ``(B) Actions.--If the conditions described in subparagraph 
     (A) are met, the Attorney General shall have the authority 
     to--
       ``(i) temporarily transfer the person described in 
     subparagraph (A) to the foreign country of the foreign 
     government requesting the extradition of that person in order 
     to face prosecution;
       ``(ii) transport that person from the United States in 
     custody; and
       ``(iii) return that person in custody to the United States 
     from the foreign country.
       ``(2) Consent by state authorities.--If the person is being 
     held in custody for a violation of State law, the Attorney 
     General may exercise the authority described in paragraph (1) 
     if the appropriate State authorities give their consent to 
     the Attorney General.
       ``(3) Criterion for request.--The Attorney General shall 
     make a request under paragraph (1) only if the Attorney 
     General determines, after consultation with the Secretary of 
     State, that the return of the person sought for extradition 
     to the foreign country of the foreign government requesting 
     the extradition would be consistent with United States 
     international obligations.
       ``(4) Effect of temporary transfer.--With regard to any 
     person in pretrial detention--
       ``(A) a temporary transfer under this subsection shall 
     result in an interruption in the pretrial detention status of 
     that person; and
       ``(B) the right to challenge the conditions of confinement 
     pursuant to section 3142(f) does not extend to the right to 
     challenge the conditions of confinement in a foreign country 
     while in that foreign country temporarily under this 
     subsection.
       ``(d) Consent by Parties To Waive Prior Finding of Whether 
     a Person Is Extraditable.--The Attorney General may exercise 
     the authority described in subsections (b) and (c) absent a 
     prior finding that the person in custody is extraditable, if 
     the person, any appropriate State authorities in a case under 
     subsection (c), and the requesting foreign government give 
     their consent to waive that requirement.
       ``(e) Return of Persons.--
       ``(1) In general.--If the temporary transfer to or from the 
     United States of a person in custody for the purpose of 
     prosecution is provided for by this section, that person 
     shall be returned to the United States or to the foreign 
     country from which the person is transferred on completion of 
     the proceedings upon which the transfer was based.
       ``(2) Statutory interpretation with respect to immigration 
     laws.--In no event shall the return of a person under 
     paragraph (1) require extradition proceedings or proceedings 
     under the immigration laws.
       ``(3) Certain rights and remedies barred.--Notwithstanding 
     any other provision of law, a person temporarily transferred 
     to the United States pursuant to this section shall not be 
     entitled to apply for or obtain any right or remedy under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     including the right to apply for or be granted asylum or 
     withholding of deportation.''.
       (b) Clerical Amendment.--The analysis for chapter 306 of 
     title 28, United States Code, is amended by adding at the end 
     the following:

``4116. Temporary transfer for prosecution.''.

     SEC. 4. PROHIBITING FUGITIVES FROM BENEFITING FROM FUGITIVE 
                   STATUS.

       (a) In General.--Chapter 163 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2466. Fugitive disentitlement

       ``A person may not use the resources of the courts of the 
     United States in furtherance of a claim in any related civil 
     forfeiture action or a claim in third party proceedings in 
     any related criminal forfeiture action if that person--
       ``(1) purposely leaves the jurisdiction of the United 
     States;
       ``(2) declines to enter or reenter the United States to 
     submit to its jurisdiction; or
       ``(3) otherwise evades the jurisdiction of the court in 
     which a criminal case is pending against the person.''.
       (b) Clerical Amendment.--The analysis for chapter 163 of 
     title 28, United States Code, is amended by adding at the end 
     the following:

``2466. Fugitive disentitlement.''.

     SEC. 5. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN 
                   COUNTRY OF ORIGIN.

       Section 4100(b) of title 18, United States Code, is amended 
     in the third sentence by striking ``An offender'' and 
     inserting ``Unless otherwise provided by treaty, an 
     offender.''

[[Page S13028]]

     SEC. 6. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN 
                   COUNTRIES.

       (a) In General.--Chapter 305 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4087. Transit through the United States of persons 
       wanted in a foreign country

       ``(a) In General.--The Attorney General may, in 
     consultation with the Secretary of State, permit the 
     temporary transit through the United States of a person 
     wanted for prosecution or imposition of sentence in a foreign 
     country.
       ``(b) Limitation of Judicial Review.--A determination by 
     the Attorney General to permit or not to permit a temporary 
     transit described in subsection (a) shall not be subject to 
     judicial review.
       ``(c) Custody.--If the Attorney General permits a temporary 
     transit under subsection (a), Federal law enforcement 
     personnel may hold the person subject to that transit in 
     custody during the transit of the person through the United 
     States.
       ``(d) Conditions Applicable to Persons Subject to Temporary 
     Transit.--Notwithstanding any other provision of law, a 
     person who is subject to a temporary transit through the 
     United States under this section shall--
       ``(1) be required to have only such documents as the 
     Attorney General shall require;
       ``(2) not be considered to be admitted or paroled into the 
     United States; and
       ``(3) not be entitled to apply for or obtain any right or 
     remedy under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), including the right to apply for or be granted 
     asylum or withholding of deportation.''.
       (b) Clerical Amendment.--The analysis for chapter 305 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``4087. Transit through the United States of persons wanted in a 
              foreign country.''.

     title ii--promoting global cooperation in the flight against 
                          international crime

     SEC. 1. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT 
                   REQUESTS.

       (a) In General.--Chapter 117 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1785. Assistance to foreign authorities

       ``(a) In General.--
       ``(1) Presentation of requests.--The Attorney General may 
     present a request made by a foreign government for assistance 
     with resepct to a foreign investigation, prosecution, or 
     proceeding regarding a criminal matter pursuant to a treaty, 
     convention, or executive agreement for mutual legal 
     assistance between the United States and that government or 
     in accordance with section 1782, the execution of which 
     requires or appears to require the use of compulsory measures 
     in more than 1 judicial district, to a judge or judge 
     magistrate of--
       ``(A) any 1 of the districts in which persons who may be 
     required to appear to testify or produce evidence or 
     information reside or are found, or in which evidence or 
     information to be produced is located; or
       ``(B) the United States District Court for the District of 
     Columbia.
       ``(2) Authority of court.--A judge or judge magistrate to 
     whom a request for assistance is presented under paragraph 
     (1) shall have the authority to issue those orders necessary 
     to execute the request including orders appointing a person 
     to direct the taking of testimony or statements and the 
     production of evidence or information, of whatever nature and 
     in whatever form, in execution of the request.
       ``(b) Authority of Appointed Persons.--A person appointed 
     under subsection (a)(2) shall have the authority to--
       ``(1) issue orders for the taking of testimony or 
     statements and the production of evidence or information, 
     which orders may be served at any place within the United 
     States;
       ``(2) administer any necessary oath; and
       ``(3) take testimony or statements and receive evidence and 
     information.
       ``(c) Persons Ordered To Appear.--A person ordered pursuant 
     to subsection (b)(1) to appear outside the district in which 
     that person resides or is found may, not later than 10 days 
     after receipt of the order--
       ``(1) file with the judge or judge magistrate who 
     authorized execution of the request a motion to appear in the 
     district in which that person resides or is found or in which 
     the evidence or information is located; or
       ``(2) provide written notice, requesting appearance in the 
     district in which the person resides or is found or in which 
     the evidence or information is located, to the person issuing 
     the order to appear, who shall advise the judge or judge 
     magistrate authorizing execution.
       ``(d) Transfer of Requests.--
       ``(1) In general.--The judge or judge magistrate may 
     transfer a request under subsection (c), or that portion 
     requiring the appearance of that person, to the other 
     district if--
       ``(A) the inconvenience to the person is substantial; and
       ``(B) the transfer is unlikely to adversely affect the 
     effective or timely execution of the request or a portion 
     thereof.
       ``(2) Execution.--Upon transfer, the judge or judge 
     magistrate to whom the request or a portion thereof is 
     transferred shall complete its execution in accordance with 
     subsections (a) and (b).''.
       (b) Clerical Amendment.--The analysis for chapter 117 of 
     title 28, United States Code, is amended by adding at the end 
     the following:

``1785. Assistance to foreign authorities.''.

     SEC. 2.  TEMPORARY TRANSFER OF INCARCERATED WITNESSES.

       (a) In General.--Section 3508 of title 18, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 3508. Temporary transfer of witnesses in custody'';

       (2) in subsection (a), by inserting ``In General.--'' after 
     ``(a)''; and
       (3) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Transfer Authority.--
       ``(1) In general.--If the testimony of a person who is 
     serving a sentence, in pretrial detention, or otherwise being 
     held in custody in the United States, is needed in a foreign 
     criminal proceeding, the Attorney General shall have the 
     authority to--
       ``(A) temporarily transfer that person to the foreign 
     country for the purpose of giving the testimony;
       ``(B) transport that person from the United States in 
     custody;
       ``(C) make appropriate arrangements for custody for that 
     person while outside the United States; and
       ``(D) return that person in custody to the United States 
     from the foreign country.
       ``(2) Persons held for state law violations.--If the person 
     is being held in custody for a violation of State law, the 
     Attorney General may exercise the authority described in this 
     subsection if the appropriate State authorities give their 
     consent.
       ``(c) Return of Persons Transferred.--
       ``(1) In general.--if the transfer to or from the United 
     States of a person in custody for the purpose of giving 
     testimony is provided for by treaty or convention, by this 
     section, or both, that person shall be returned to the United 
     States, or to the foreign country from which the person is 
     transferred.
       ``(2) Limitation.--In no event shall the return of a person 
     under this subsection require any request for extradition or 
     extradition proceedings, or require that person to be subject 
     to deportation or exclusion proceedings under the laws of the 
     United States, or the foreign country from which the person 
     is transferred.
       ``(d) Applicability of International Agreements.--If there 
     is an international agreement between the United States and 
     the foreign country in which a witness is being held in 
     custody or to which the witness will be transferred from the 
     United States, that provides for the transfer, custody, and 
     return of those witnesses, the terms and conditions of that 
     international agreement shall apply. if there is no such 
     international agreement, the Attorney General may exercise 
     the authority described in subsections (a) and (b) if both 
     the foreign country and the witness give their consent.
       ``(e) Rights of Persons Transferred.--
       ``(1) Notwithstanding any other provision of law, a person 
     held in custody in a foreign country who is transferred to 
     the United States pursuant to this section for the purpose of 
     giving testimony--
       ``(A) shall not by reason of that transfer, during the 
     period that person is present in the United states pursuant 
     to that transfer, be entitled to apply for or obtain any 
     right or remedy under the Immigration and Nationality Act, 
     including the right to apply for or be granted asylum or 
     withholding of deportation or any right to remain in the 
     United States under any other law; and
       ``(B) may be summarily removed from the United States upon 
     order of the Attorney General.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to create any substantive or procedural right or 
     benefit to remain in the United States that is legally 
     enforceable in a court of law of the United States or of a 
     State by any party against the United States or its agencies 
     or officers.
       ``(f) Consistency With International Obligations.--The 
     Attorney General shall not take any action under this section 
     to transfer or return a person to a foreign country unless 
     the Attorney General determines, after consultation with the 
     Secretary of State, that transfer or return would be 
     consistent with the international obligations of the United 
     States. A determination by the Attorney General under this 
     subsection shall not be subject to judicial review by any 
     court.''.
       (b) Clerical Amendment.--The analysis for chapter 223 of 
     title 18, United States Code, is amended by striking the item 
     relating to section 3508 and inserting the following:

``3508. Temporary transfer of witnesses in custody.''.

               TITLE III--ANTI-ATROCITY ALIEN DEPORTATION

     SEC. 1. INADMISSIBILITY AND REMOVABILITY OF ALIENS WHO HAVE 
                   COMMITTED ACTS OF TORTURE ABROAD.

       (a) Inadmissibility.--Section 212(a)(3)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is 
     amended by adding at the end the following:
       ``(iii) Commission of acts of torture.--Any alien who, 
     outside the United States, has committed any act of torture, 
     as defined in section 2340 of title 18, United States Code, 
     is inadmissible.''.
       ``(b) Removability.--Section 237(a)(4)(D) of that Act (8 
     U.S.C. 1227(a)(4)(D)) is amended by striking ``clause (i) or 
     (ii)'' and inserting ``clause (i), (ii), or (iii)''.

[[Page S13029]]

       ``(c) Effective Date.--The amendments made by this section 
     shall apply to offenses committed before, on, or after the 
     date of enactment of this Act.

     SEC. 2. ESTABLISHMENT OF THE OFFICE OF SPECIAL 
                   INVESTIGATIONS.

       ``(a) Amendment of the Immigration and Nationality Act.--
     Section 103 of the Immigration and Nationality Act (8 U.S.C. 
     1103) is amended by adding at the end the following:
       ``(g) The Attorney General shall establish within the 
     Criminal Division of the Department of Justice an Office of 
     Special Investigations with the authority of investigating, 
     and, where appropriate, taking legal action to remove, 
     denaturalize, or prosecute any alien found to be in violation 
     of clause (i), (ii), or (iii) of section 212(a)(3)(E).''.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Department of Justice for the fiscal year 2000 such sums 
     as may be necessary to carry out the additional duties 
     established under section 103(g) of the Immigration and 
     Nationality Act (as added by this Act) in order to ensure 
     that the Office of Special Investigations fulfills its 
     continuing obligations regarding Nazi war criminals.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expanded.

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