[Congressional Record (Bound Edition), Volume 145 (1999), Part 20]
[Senate]
[Pages 28459-28464]
[From the U.S. Government Publishing Office, www.gpo.gov]



   DENYING SAFE HAVENS TO INTERNATIONAL AND WAR CRIMINALS ACT OF 1999

  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 344, S. 1754.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1754) to deny safe havens to international and 
     war criminals, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--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 CRIMINALS

Sec. 101. Temporary transfer of persons in custody for prosecution.
Sec. 102. Prohibiting fugitives from benefiting from fugitive status.
Sec. 103. Transfer of foreign prisoners to serve sentences in country 
              of origin.
Sec. 104. Transit of fugitives for prosecution in foreign countries.

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

Sec. 201. Streamlined procedures for execution of MLAT requests.
Sec. 202. Temporary transfer of incarcerated witnesses.

               TITLE III--ANTI-ATROCITY ALIEN DEPORTATION

Sec. 301. Inadmissibility and removability of aliens who have committed 
              acts of torture abroad.
Sec. 302. Establishment of the Office of Special Investigations.

        TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

     SEC. 101. 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 18, United States Code, is amended by adding at the end 
     the following:

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

     SEC. 102. 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. 103. 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''.

     SEC. 104. 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 on 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.

[[Page 28460]]

       ``(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 FIGHT AGAINST 
                          INTERNATIONAL CRIME

     SEC. 201. 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 respect 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. 202. 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. 301. 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)''.
       (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. 302. 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

[[Page 28461]]

     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 
     expended.


                           Amendment No. 2510

                (Purpose: To make technical amendments)

  Mr. GRASSLEY. Senators Leahy and Hatch have an amendment at the desk, 
and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Iowa [Mr. Grassley] for Mr. Leahy, for 
     himself and Mr. Hatch, proposes an amendment numbered 2510.

  The amendment is as follows:

       On page 30, lines 20 and 21, strike ``with respect to 
     immigration laws''.
       On page 30, lines 24 and 25, strike ``or proceedings under 
     the immigration laws'' and insert a period, quotation marks, 
     and a second period.
       On page 31, strike lines 1 through 8.
       On page 33, line 13, insert ``and'' after the semicolon.
       On page 33, line 15, strike ``; and'' and insert a period, 
     quotation marks, and a second period.
       On page 33, strike lines 16 through 20.
       Beginning on page 38, line 22, strike ``or require'' and 
     all that follows through ``transferred'' on line 2 of page 
     39.
       On page 39, line 13, after the period, insert ending 
     quotation marks and a final period.
       Beginning on page 39, strike line 14 and all that follows 
     through line 20 on page 40.
       On page 42, line 5, after ``denaturalize'', insert ``(as 
     otherwise authorized by law)''.

  Mr. LEAHY. Mr President, I am delighted that the Senate is 
considering S. 1754, the ``Denying Safe Haven to International and War 
Criminals Act of 1999,'' along with a technical amendment that strikes 
several provisions in the bill reported by the Judiciary Committee that 
would have had the effect of altering the applicability of current law 
in certain instances. Senator Hatch and I introduced this bill on 
October 20, 1999, with a number of provisions that I have long 
supported. The legislation will give United States law enforcement 
agencies important tools to help them combat international crime by 
facilitating international cooperation in the prosecution of criminal 
cases and ensuring that human rights abusers are denied safe haven in 
this country.
  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 commit crimes here or 
abroad and flee quickly to another jurisdiction or country. The playing 
field keeps changing, and we need to change with it.
  This bill will 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, including human rights abusers, and terrorists now enjoy.
  Regarding the Anti-Atrocity Alien Deportation Act (Title III), this 
bill contains as its last title the ``Anti-Atrocity Alien Deportation 
Act,'' which I introduced as S. 1375, on July 15, 1999, with Senator 
Kohl. Senator Lieberman is also a cosponsor. This legislation has 
garnered bipartisan support both in the Senate and the House, where the 
measure has been introduced by Representatives Foley, Franks and 
Ackerman as H.R. 2642 and H.R. 3058.
  I have been appalled that this country has become a safe haven for 
those who exercised power in foreign countries to terrorize, rape, and 
torture innocent civilians. For example, three Ethiopian refugees 
proved in an American court that Kelbessa Negewo, a former senior 
government official in Ethiopia engaged in numerous acts of torture and 
human rights abuses against them in the late 1970's when they lived in 
that country. The court's descriptions of the abuse are chilling, and 
included whipping a naked woman with a wire for hours and threatening 
her with death in the presence of several men. The court's award of 
compensatory and punitive damages in the amount of $1,500,000 to the 
plaintiffs was subsequently affirmed by an appellate court. See Abebe-
Jira v. Negewo, 72 F.3d 844 (11th Cir. 1996). Yet, while Negewo's case 
was on appeal, the Immigration and Naturalization Service granted him 
citizenship.
  As Professor William Aceves of California Western School of Law has 
noted, this case reveals ``a glaring and troubling limitation in 
current immigration law and practice. This case is not unique. Other 
aliens who have committed gross human rights violations have also 
gained entry into the United States and been granted immigration 
relief.'' The Rutland Herald got it right when it opined on October 31, 
1999, that:

       For the U.S. commitment to human rights to mean anything, 
     U.S. policies must be strong and consistent. It is not enough 
     to denounce war crimes in Bosnia and Kosovo or elsewhere and 
     then wink as the perpetrators of torture and mass murder slip 
     across the border to find a home in America.

  The Immigration and Nationality Act currently 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). This legislation 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.
  ``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 which 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). As defined in the federal criminal code, torture 
means any act committed by a person acting under the color of law 
specifically intended to inflict severe physical or mental pain or 
suffering upon another person within his custody or physical control. 
This could include prolonged mental harm caused by or resulting from 
the infliction or threat to inflict physical pain, threats to kill 
another person, or the administration of mind-altering substances or 
procedures calculated to disrupt profoundly the senses or personality 
of another person. Under this definition, torturers include both those 
who issue the orders to torture innocent people as well as those who 
implement those orders.
  The legislation would also amend the Immigration and Nationality Act, 
8 U.S.C. Sec.  1103, by directing the Attorney General to establish an 
Office of Special Investigations (OSI) within the Department of Justice 
with authorization to investigate, remove, denaturalize, or prosecute 
any alien who has participated in torture or genocide abroad. 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.
  The legislation would provide statutory authorization for Office of 
Special Investigation, 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

[[Page 28462]]

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.
  I appreciate that this part of the legislation has proven 
controversial within the Department of Justice, but others have 
concurred in my judgment that the OSI is an appropriate component of 
the Department to address the new responsibilities proposed in the 
bill. Professor Aceves, who has studied these matters extensively, has 
concluded that OSI's ``methodology for pursuing Nazi war criminals can 
be applied with equal rigor to other perpetrators of human rights 
violations. As the number of Nazi war criminals inevitably declines, 
the OSI can begin to enforce U.S. immigration laws against perpetrators 
of genocide and other gross violations of human rights.''
  Similarly, the Rutland Herald recently noted that the INS has never 
deported an immigrant on the basis of human rights abuses, while the 
OSI has deported 48 ex-Nazis and stripped 61 of U.S. citizenship, while 
maintaining a list of 60,000 suspected war criminals with the aim of 
barring them from entry. Based on this record, the Rutland Herald 
concluded that the legislation correctly looks to OSI to carry out the 
additional responsibilities called for in the bill, noting that:

       It resolves a turf war between the INS and the OSI in favor 
     of the OSI, which is as it should be. The victims of human 
     rights abuses are often victimized again when, seeking refuge 
     in the United States, they are confronted by the draconian 
     policies of the INS. It's a better idea to give the job of 
     finding war criminals to the office that has shown it knows 
     how to do the job.

  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. I would like to recognize the reporting 
of Boston Globe reporter Steve Fainaru, whose ground-breaking series 
has illuminated the need for a more focused response to this problem.
  Regarding the sections Denying Safe Haven to International Criminals 
and Promoting Global Cooperation (Title I and II), I initially 
introduced title I, section 102 of this bill, regarding fugitive 
disentitlement, on April 30, 1998, in S. 2011, the ``Money Laundering 
Enforcement and Combating Drugs in Prisons Act of 1998,'' with Senators 
Daschle, Kohl, Feinstein and Cleland. Again, on July 14, 1998, I 
introduced with Senator Biden, on behalf of the Administration, S. 
2303, the ``International Crime Control Act of 1998,'' which contains 
most of the provisions set forth in titles I and II of this bill. 
Virtually all of the provisions in these two titles of the bill were 
also included in another major anti-crime bill, S. 2484, the ``Safe 
Schools, Safe Streets, and Secure Borders Act of 1998,'' which 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 201 of this bill, regarding streamlined 
procedures for MLAT requests in S. 2536, our ``International Crime and 
Anti-Terrorism Amendments of 1998,'' 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. The 
substitute amendment adopted by the Judiciary Committee to the original 
bill removed sections 1 and 2, which set forth detailed procedures and 
safeguards for proceeding with extradition for offenses not covered in 
a treaty.
  Section 101 of the bill considered by the Senate today would add a 
new section 4116 to title 18, United States Code, authorizing the 
Attorney General to request the temporary transfer to the United States 
of a person, who is in pretrial detention or custody in a foreign 
country, to face prosecution, if 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 would also authorize the Attorney General to transfer 
temporarily to a foreign country a person, who is in pretrial detention 
or custody in the United States and found extraditable to the foreign 
country, to face prosecution in the foreign country, if 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. Consent of state authorities would be required for 
persons in state custody.
  Section 102 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. Specifically, this section adds a new section 2466 to title 28, 
United States Code, that would bar a person, who purposely leaves the 
United States or declines to submit to or otherwise evades U.S. 
jurisdiction where a criminal case is pending against the person, from 
participating as a party in a civil action over a related civil or 
criminal forfeiture claim. The Supreme Court recently decided that a 
previous judge-made rule to the same effect required a statutory basis. 
This section provides that basis.
  Section 103 would amend section 4100(b) of title 18, United States 
Code, to permit transfer, on a case-by-case basis, of prisoners to 
their home country to serve their sentences, where such transfer is 
provided by treaty. Under this section, the prisoner need not consent 
to the transfer.
  Section 104 would add a new section 4087 to title 18, United States 
Code, that 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.
  Title II of the bill is designed to promote global cooperation in the 
fight against international crime. Section 201 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. Specifically, this provision would add a new section 
1785 to title 18, United States Code, that would authorize the Attorney 
General to present requests from foreign governments for assistance in 
criminal cases pursuant to mutual legal assistance treaties and other 
agreements when the enforcement involves multiple districts. Compulsory 
measures may be used to require persons to produce testimony or 
evidence where they reside or the evidence is located, or the U.S. 
District Court for the District of Columbia. A person ordered to 
produce testimony or evidence outside the jurisdiction of residence may 
petition to appear in the district where the person resides.
  Section 202 outlines procedures for the temporary transfer of 
incarcerated witnesses. Mutual legal assistance treaties (``MLATS'') 
generally already provide a mechanism for the United States to send and 
receive persons in custody who are needed as witnesses, either in our 
courts or foreign courts for criminal cases. These witnesses are often 
cooperating to obtain a lighter sentence. Section 3508 of title 18, 
United States Code, enacted in 1988, already provides the authority, 
absent such a MLAT, for the Attorney General to request foreign 
witnesses, who are in custody, to come to the United States to testify 
in criminal cases here, and to assure their expeditious return to the 
foreign country. The bill would amend

[[Page 28463]]

section 3508 to permit the Attorney General, as a matter of comity and 
reciprocity, to send United States prisoners abroad to testify, 
according to the terms and conditions of the MLAT. If there is no MLAT, 
the Attorney General may only send a United States prisoner abroad to 
testify with the prisoner's consent and, where applicable, the State 
holding the prisoner. Decisions of the Attorney General respecting such 
transfers are to be made in conjunction with the Secretary of State.
  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 pass bipartisan legislation that will 
accomplish what all of us want, a safer and more secure America.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the 
amendment be agreed to, the committee amendment, as amended, be agreed 
to, the bill be read a third time and passed, the motion to reconsider 
be laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2510) was agreed to.
  The committee amendment in the nature of a substitute, in the nature 
of a substitute, as amended, was agreed to.
  The bill (S. 1754), as amended, was read the third time and passed, 
as follows:

                                S. 1754

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--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 CRIMINALS

Sec. 101. Temporary transfer of persons in custody for prosecution.
Sec. 102. Prohibiting fugitives from benefiting from fugitive status.
Sec. 103. Transfer of foreign prisoners to serve sentences in country 
              of origin.
Sec. 104. Transit of fugitives for prosecution in foreign countries.

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

Sec. 201. Streamlined procedures for execution of MLAT requests.
Sec. 202. Temporary transfer of incarcerated witnesses.

               TITLE III--ANTI-ATROCITY ALIEN DEPORTATION

Sec. 301. Inadmissibility and removability of aliens who have committed 
              acts of torture abroad.
Sec. 302. Establishment of the Office of Special Investigations.

        TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

     SEC. 101. 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.--In no event shall the 
     return of a person under paragraph (1) require extradition 
     proceedings.''.
       (b) Clerical Amendment.--The analysis for chapter 306 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

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

     SEC. 102. 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. 103. 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''.

     SEC. 104. 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:

[[Page 28464]]



     ``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 on 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; and
       ``(2) not be considered to be admitted or paroled into the 
     United States.''.
       (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 FIGHT AGAINST 
                          INTERNATIONAL CRIME

     SEC. 201. 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 respect 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. 202. 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.
       ``(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.''.
       (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. 301. 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)''.
       (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. 302. 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 (as otherwise authorized by law), 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 
     expended.

                          ____________________