Calendar No. 344

106TH CONGRESS

1ST SESSION S. 1754

A BILL

To deny safe havens to international and war

criminals, and for other purposes.

OCTOBER 25, 1999

Reported with an amendment
II

Calendar No. 344

106TH CONGRESS

1ST SESSION S. 1754

To deny safe havens to international and war criminals, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 20, 1999

Mr. HATCH (for himself and Mr. LEAHY) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

OCTOBER 25, 1999

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To deny safe havens to international and war criminals,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Denying Safe Havens to International and War Crimi6 nals Act of 1999’’.
2

•S 1754 RS

1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—DENYING SAFE HAVENS TO INTERNATIONAL

CRIMINALS

Sec. 101. Extradition for offenses not covered by a list treaty.

Sec. 102. Technical and conforming amendments.

Sec. 103. Temporary transfer of persons in custody for prosecution.

Sec. 104. Prohibiting fugitives from benefiting from fugitive status.

Sec. 105. Transfer of foreign prisoners to serve sentences in country of origin.

Sec. 106. 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.

3 TITLE I—DENYING SAFE HAVENS

4 TO INTERNATIONAL CRIMINALS

5 SEC. 101. EXTRADITION FOR OFFENSES NOT COVERED BY A

6 LIST TREATY.

7 Chapter 209 of title 18, United States Code, is

8 amended by adding at the end the following:

9 ‘‘§ 3197. Extradition for offenses not covered by a list

10 treaty

11 ‘‘(a) SERIOUS OFFENSE DEFINED.—In this section,

12 the term ‘serious offense’ means conduct that would be—

13 ‘‘(1) an offense described in any multilateral

14 treaty to which the United States is a party that ob15 ligates parties—
3

•S 1754 RS

1 ‘‘(A) to extradite alleged offenders found

2 in the territory of the parties; or

3 ‘‘(B) submit the case to the competent au4 thorities of the parties for prosecution; or

5 ‘‘(2) conduct that, if that conduct occurred in

6 the United States, would constitute—

7 ‘‘(A) a crime of violence (as defined in sec8 tion 16);

9 ‘‘(B) the distribution, manufacture, impor10 tation, or exportation of a controlled substance

11 (as defined in section 201 of the Controlled

12 Substances Act (21 U.S.C. 802));

13 ‘‘(C) bribery of a public official or mis14 appropriation, embezzlement, or theft of public

15 funds by or for the benefit of a public official;

16 ‘‘(D) obstruction of justice, including pay17 ment of bribes to jurors or witnesses;

18 ‘‘(E) the laundering of monetary instru19 ments, as described in section 1956, if the value

20 of the monetary instruments involved exceeds

21 $100,000;

22 ‘‘(F) fraud, theft, embezzlement, or com23 mercial bribery if the aggregate value of prop24 erty that is the object of all of the offenses re25 lated to the conduct exceeds $100,000;
4

•S 1754 RS

1 ‘‘(G) counterfeiting, if the obligations, se2 curities, or other items counterfeited have an

3 apparent value that exceeds $100,000;

4 ‘‘(H) a conspiracy or attempt to commit

5 any of the offenses described in any of subpara6 graphs (A) through (G), or aiding and abetting

7 a person who commits any such offense; or

8 ‘‘(I) a crime against children under chap9 ter 109A or section 2251, 2251A, 2252, or

10 2252A.

11 ‘‘(b) AUTHORIZATION OF FILING.—

12 ‘‘(1) IN GENERAL.—If a foreign government

13 makes a request for the extradition of a person who

14 is charged with or has been convicted of an offense

15 within the jurisdiction of that foreign government,

16 and an extradition treaty between the United States

17 and the foreign government is in force, but the trea18 ty does not provide for extradition for the offense

19 with which the person has been charged or for which

20 the person has been convicted, the Attorney General

21 may authorize the filing of a complaint for extra22 dition pursuant to subsections (c) and (d).

23 ‘‘(2) FILING OF COMPLAINTS.—
5

•S 1754 RS

1 ‘‘(A) IN GENERAL.—A complaint author2 ized under paragraph (1) shall be filed pursu3 ant to section 3184.

4 ‘‘(B) PROCEDURES.—With respect to a

5 complaint filed under paragraph (1), the proce6 dures contained in sections 3184 and 3186 and

7 the terms of the relevant extradition treaty

8 shall apply as if the offense were a crime pro9 vided for by the treaty, in a manner consistent

10 with section 3184.

11 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM12 PLAINTS.—

13 ‘‘(1) IN GENERAL.—The Attorney General may

14 authorize the filing of a complaint under subsection

15 (b) only upon a certification—

16 ‘‘(A) by the Attorney General, that in the

17 judgment of the Attorney General—

18 ‘‘(i) the offense for which extradition

19 is sought is a serious offense; and

20 ‘‘(ii) submission of the extradition re21 quest would be important to the law en22 forcement interests of the United States or

23 otherwise in the interests of justice; and

24 ‘‘(B) by the Secretary of State, that in the

25 judgment of the Secretary of State, submission
6

•S 1754 RS

1 of the request would be consistent with the for2 eign policy interests of the United States.

3 ‘‘(2) FACTORS FOR CONSIDERATION.—In mak4 ing any certification under paragraph (1)(B), the

5 Secretary of State may consider whether the facts

6 and circumstances of the request then known appear

7 likely to present any significant impediment to the

8 ultimate surrender of the person who is the subject

9 of the request for extradition, if that person is found

10 to be extraditable.

11 ‘‘(d) CASES OF URGENCY.—

12 ‘‘(1) IN GENERAL.—In any case of urgency, the

13 Attorney General may, with the concurrence of the

14 Secretary of State and before any formal certifi15 cation under subsection (c), authorize the filing of a

16 complaint seeking the provisional arrest and deten17 tion of the person sought for extradition before the

18 receipt of documents or other proof in support of the

19 request for extradition.

20 ‘‘(2) APPLICABILITY OF RELEVANT TREATY.—

21 With respect to a case described in paragraph (1),

22 a provision regarding provisional arrest in the rel23 evant treaty shall apply.

24 ‘‘(3) FILING AND EFFECT OF FILING OF COM25 PLAINTS.—
7

•S 1754 RS

1 ‘‘(A) IN GENERAL.—A complaint author2 ized under this subsection shall be filed in the

3 same manner as provided in section 3184.

4 ‘‘(B) ISSUANCE OF ORDERS.—Upon the fil5 ing of a complaint under this subsection, the

6 appropriate judicial officer may issue an order

7 for the provisional arrest and detention of the

8 person as provided in section 3184.

9 ‘‘(e) CONDITIONS OF SURRENDER; ASSURANCES.—

10 ‘‘(1) IN GENERAL.—Before issuing a warrant of

11 surrender under section 3184 or 3186, the Secretary

12 of State may—

13 ‘‘(A) impose conditions upon the surrender

14 of the person that is the subject of the warrant;

15 and

16 ‘‘(B) require those assurances of compli17 ance with those conditions as are determined by

18 the Secretary to be appropriate.

19 ‘‘(2) ADDITIONAL ASSURANCES.—

20 ‘‘(A) IN GENERAL.—In addition to impos21 ing conditions and requiring assurances under

22 paragraph (1), the Secretary of State shall de23 mand, as a condition of the extradition of the

24 person in every case, an assurance described in
8

•S 1754 RS

1 subparagraph (B) that the Secretary deter2 mines to be satisfactory.

3 ‘‘(B) DESCRIPTION OF ASSURANCES.—An

4 assurance described in this subparagraph is an

5 assurance that the person that is sought for ex6 tradition shall not be tried or punished for an

7 offense other than that for which the person

8 has been extradited, absent the consent of the

9 United States.’’.

10 SEC. 102. TECHNICAL AND CONFORMING AMENDMENTS.

11 (a) IN GENERAL.—Chapter 209 of title 18, United

12 States Code, is amended—

13 (1) in section 3181, by inserting ‘‘, other than

14 sections 3197 and 3198,’’ after ‘‘The provisions of

15 this chapter’’ each place that term appears; and

16 (2) in section 3186, by striking ‘‘or 3185’’ and

17 inserting ‘‘, 3185, 3197, or 3198’’.

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 209 of title 18, United States Code, is amended by

20 adding at the end the following:

‘‘3197. Extradition for offenses not covered by a list treaty.

‘‘3198. Extradition absent a treaty.’’.
9

•S 1754 RS

1 SEC. 103. TEMPORARY TRANSFER OF PERSONS IN CUSTODY

2 FOR PROSECUTION.

3 (a) IN GENERAL.—Chapter 306 of title 18, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘§ 4116. Temporary transfer for prosecution

7 ‘‘(a) STATE DEFINED.—In this section, the term

8 ‘State’ includes a State of the United States, the District

9 of Columbia, and a commonwealth, territory, or possession

10 of the United States.

11 ‘‘(b) AUTHORITY OF ATTORNEY GENERAL WITH RE12 SPECT TO TEMPORARY TRANSFERS.—

13 ‘‘(1) IN GENERAL.—Subject to subsection (d),

14 if a person is in pretrial detention or is otherwise

15 being held in custody in a foreign country based

16 upon a violation of the law in that foreign country,

17 and that person is found extraditable to the United

18 States by the competent authorities of that foreign

19 country while still in the pretrial detention or cus20 tody, the Attorney General shall have the

21 authority—

22 ‘‘(A) to request the temporary transfer of

23 that person to the United States in order to

24 face prosecution in a Federal or State criminal

25 proceeding;
10

•S 1754 RS

1 ‘‘(B) to maintain the custody of that per2 son while the person is in the United States;

3 and

4 ‘‘(C) to return that person to the foreign

5 country at the conclusion of the criminal pros6 ecution, including any imposition of sentence.

7 ‘‘(2) REQUIREMENTS FOR REQUESTS BY AT8 TORNEY GENERAL.—The Attorney General shall

9 make a request under paragraph (1) only if the At10 torney General determines, after consultation with

11 the Secretary of State, that the return of that per12 son to the foreign country in question would be con13 sistent with international obligations of the United

14 States.

15 ‘‘(c) AUTHORITY OF ATTORNEY GENERAL WITH RE16 SPECT TO PRETRIAL DETENTIONS.—

17 ‘‘(1) IN GENERAL.—

18 ‘‘(A) AUTHORITY OF ATTORNEY GEN19 ERAL.—Subject to paragraph (2) and sub20 section (d), the Attorney General shall have the

21 authority to carry out the actions described in

22 subparagraph (B), if—

23 ‘‘(i) a person is in pretrial detention

24 or is otherwise being held in custody in the

25 United States based upon a violation of
11

•S 1754 RS

1 Federal or State law, and that person is

2 found extraditable to a foreign country

3 while still in the pretrial detention or cus4 tody pursuant to section 3184, 3197, or

5 3198; and

6 ‘‘(ii) a determination is made by the

7 Secretary of State and the Attorney Gen8 eral that the person will be surrendered.

9 ‘‘(B) ACTIONS.—If the conditions de10 scribed in subparagraph (A) are met, the Attor11 ney General shall have the authority to—

12 ‘‘(i) temporarily transfer the person

13 described in subparagraph (A) to the for14 eign country of the foreign government re15 questing the extradition of that person in

16 order to face prosecution;

17 ‘‘(ii) transport that person from the

18 United States in custody; and

19 ‘‘(iii) return that person in custody to

20 the United States from the foreign coun21 try.

22 ‘‘(2) CONSENT BY STATE AUTHORITIES.—If the

23 person is being held in custody for a violation of

24 State law, the Attorney General may exercise the au25 thority described in paragraph (1) if the appropriate
12

•S 1754 RS

1 State authorities give their consent to the Attorney

2 General.

3 ‘‘(3) CRITERION FOR REQUEST.—The Attorney

4 General shall make a request under paragraph (1)

5 only if the Attorney General determines, after con6 sultation with the Secretary of State, that the return

7 of the person sought for extradition to the foreign

8 country of the foreign government requesting the ex9 tradition would be consistent with United States

10 international obligations.

11 ‘‘(4) EFFECT OF TEMPORARY TRANSFER.—

12 With regard to any person in pretrial detention—

13 ‘‘(A) a temporary transfer under this sub14 section shall result in an interruption in the

15 pretrial detention status of that person; and

16 ‘‘(B) the right to challenge the conditions

17 of confinement pursuant to section 3142(f) does

18 not extend to the right to challenge the condi19 tions of confinement in a foreign country while

20 in that foreign country temporarily under this

21 subsection.

22 ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR FIND23 ING OF WHETHER A PERSON IS EXTRADITABLE.—The

24 Attorney General may exercise the authority described in

25 subsections (b) and (c) absent a prior finding that the per-
13

•S 1754 RS

1 son in custody is extraditable, if the person, any appro2 priate State authorities in a case under subsection (c), and

3 the requesting foreign government give their consent to

4 waive that requirement.

5 ‘‘(e) RETURN OF PERSONS.—

6 ‘‘(1) IN GENERAL.—If the temporary transfer

7 to or from the United States of a person in custody

8 for the purpose of prosecution is provided for by this

9 section, that person shall be returned to the United

10 States or to the foreign country from which the per11 son is transferred on completion of the proceedings

12 upon which the transfer was based.

13 ‘‘(2) STATUTORY INTERPRETATION WITH RE14 SPECT TO IMMIGRATION LAWS.—In no event shall

15 the return of a person under paragraph (1) require

16 extradition proceedings or proceedings under the im17 migration laws.

18 ‘‘(3) CERTAIN RIGHTS AND REMEDIES

19 BARRED.—Notwithstanding any other provision of

20 law, a person temporarily transferred to the United

21 States pursuant to this section shall not be entitled

22 to apply for or obtain any right or remedy under the

23 Immigration and Nationality Act (8 U.S.C. 1101 et

24 seq.), including the right to apply for or be granted

25 asylum or withholding of deportation.’’.
14

•S 1754 RS

1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 306 of title 18, United States Code, is amended by

3 adding at the end the following:

‘‘4116. Temporary transfer for prosecution.’’.

4 SEC. 104. PROHIBITING FUGITIVES FROM BENEFITING

5 FROM FUGITIVE STATUS.

6 (a) IN GENERAL.—Chapter 163 of title 28, United

7 States Code, is amended by adding at the end the fol8 lowing:

9 ‘‘§ 2466. Fugitive disentitlement

10 ‘‘A person may not use the resources of the courts

11 of the United States in furtherance of a claim in any re12 lated civil forfeiture action or a claim in third party pro13 ceedings in any related criminal forfeiture action if that

14 person—

15 ‘‘(1) purposely leaves the jurisdiction of the

16 United States;

17 ‘‘(2) declines to enter or reenter the United

18 States to submit to its jurisdiction; or

19 ‘‘(3) otherwise evades the jurisdiction of the

20 court in which a criminal case is pending against the

21 person.’’.

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 163 of title 28, United States Code, is amended by

24 adding at the end the following:

‘‘2466. Fugitive disentitlement.’’.
15

•S 1754 RS

1 SEC. 105. TRANSFER OF FOREIGN PRISONERS TO SERVE

2 SENTENCES IN COUNTRY OF ORIGIN.

3 Section 4100(b) of title 18, United States Code, is

4 amended in the third sentence by striking ‘‘An offender’’

5 and inserting ‘‘Unless otherwise provided by treaty, an of6 fender’’.

7 SEC. 106. TRANSIT OF FUGITIVES FOR PROSECUTION IN

8 FOREIGN COUNTRIES.

9 (a) IN GENERAL.—Chapter 305 of title 18, United

10 States Code, is amended by adding at the end the fol11 lowing:

12 ‘‘§ 4087. Transit through the United States of persons

13 wanted in a foreign country

14 ‘‘(a) IN GENERAL.—The Attorney General may, in

15 consultation with the Secretary of State, permit the tem16 porary transit through the United States of a person

17 wanted for prosecution or imposition of sentence in a for18 eign country.

19 ‘‘(b) LIMITATION ON JUDICIAL REVIEW.—A deter20 mination by the Attorney General to permit or not to per21 mit a temporary transit described in subsection (a) shall

22 not be subject to judicial review.

23 ‘‘(c) CUSTODY.—If the Attorney General permits a

24 temporary transit under subsection (a), Federal law en25 forcement personnel may hold the person subject to that
16

•S 1754 RS

1 transit in custody during the transit of the person through

2 the United States.

3 ‘‘(d) CONDITIONS APPLICABLE TO PERSONS SUB4 JECT TO TEMPORARY TRANSIT.—Notwithstanding any

5 other provision of law, a person who is subject to a tem6 porary transit through the United States under this sec7 tion shall—

8 ‘‘(1) be required to have only such documents

9 as the Attorney General shall require;

10 ‘‘(2) not be considered to be admitted or pa11 roled into the United States; and

12 ‘‘(3) not be entitled to apply for or obtain any

13 right or remedy under the Immigration and Nation14 ality Act (8 U.S.C. 1101 et seq.), including the right

15 to apply for or be granted asylum or withholding of

16 deportation.’’.

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 305 of title 18, United States Code, is amended by

19 adding at the end the following:

‘‘4087. Transit through the United States of persons wanted in a foreign country.’’.
17

•S 1754 RS

1 TITLE II—PROMOTING GLOBAL

2 COOPERATION IN THE FIGHT

3 AGAINST INTERNATIONAL

4 CRIME

5 SEC. 201. STREAMLINED PROCEDURES FOR EXECUTION OF

6 MLAT REQUESTS.

7 (a) IN GENERAL.—Chapter 117 of title 28, United

8 States Code, is amended by adding at the end the fol9 lowing:

10 ‘‘§ 1785. Assistance to foreign authorities

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) PRESENTATION OF REQUESTS.—The At13 torney General may present a request made by a

14 foreign government for assistance with respect to a

15 foreign investigation, prosecution, or proceeding re16 garding a criminal matter pursuant to a treaty, con17 vention, or executive agreement for mutual legal as18 sistance between the United States and that govern19 ment or in accordance with section 1782, the execu20 tion of which requires or appears to require the use

21 of compulsory measures in more than 1 judicial dis22 trict, to a judge or judge magistrate of—

23 ‘‘(A) any 1 of the districts in which per24 sons who may be required to appear to testify

25 or produce evidence or information reside or are
18

•S 1754 RS

1 found, or in which evidence or information to be

2 produced is located; or

3 ‘‘(B) the United States District Court for

4 the District of Columbia.

5 ‘‘(2) AUTHORITY OF COURT.—A judge or judge

6 magistrate to whom a request for assistance is pre7 sented under paragraph (1) shall have the authority

8 to issue those orders necessary to execute the re9 quest including orders appointing a person to direct

10 the taking of testimony or statements and the pro11 duction of evidence or information, of whatever na12 ture and in whatever form, in execution of the re13 quest.

14 ‘‘(b) AUTHORITY OF APPOINTED PERSONS.—A per15 son appointed under subsection (a)(2) shall have the au16 thority to—

17 ‘‘(1) issue orders for the taking of testimony or

18 statements and the production of evidence or infor19 mation, which orders may be served at any place

20 within the United States;

21 ‘‘(2) administer any necessary oath; and

22 ‘‘(3) take testimony or statements and receive

23 evidence and information.

24 ‘‘(c) PERSONS ORDERED TO APPEAR.—A person or25 dered pursuant to subsection (b)(1) to appear outside the
19

•S 1754 RS

1 district in which that person resides or is found may, not

2 later than 10 days after receipt of the order—

3 ‘‘(1) file with the judge or judge magistrate who

4 authorized execution of the request a motion to ap5 pear in the district in which that person resides or

6 is found or in which the evidence or information is

7 located; or

8 ‘‘(2) provide written notice, requesting appear9 ance in the district in which the person resides or

10 is found or in which the evidence or information is

11 located, to the person issuing the order to appear,

12 who shall advise the judge or judge magistrate au13 thorizing execution.

14 ‘‘(d) TRANSFER OF REQUESTS.—

15 ‘‘(1) IN GENERAL.—The judge or judge mag16 istrate may transfer a request under subsection (c),

17 or that portion requiring the appearance of that per18 son, to the other district if—

19 ‘‘(A) the inconvenience to the person is

20 substantial; and

21 ‘‘(B) the transfer is unlikely to adversely

22 affect the effective or timely execution of the re23 quest or a portion thereof.

24 ‘‘(2) EXECUTION.—Upon transfer, the judge or

25 judge magistrate to whom the request or a portion
20

•S 1754 RS

1 thereof is transferred shall complete its execution in

2 accordance with subsections (a) and (b).’’.

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 117 of title 28, United States Code, is amended by

5 adding at the end the following:

‘‘1785. Assistance to foreign authorities.’’.

6 SEC. 202. TEMPORARY TRANSFER OF INCARCERATED WIT7 NESSES.

8 (a) IN GENERAL.—Section 3508 of title 18, United

9 States Code, is amended—

10 (1) by striking the section heading and insert11 ing the following:

12 ‘‘§ 3508. Temporary transfer of witnesses in custody’’;

13 (2) in subsection (a), by inserting ‘‘IN GEN14 ERAL.—’’ after ‘‘(a)’’; and

15 (3) by striking subsections (b) and (c) and in16 serting the following:

17 ‘‘(b) TRANSFER AUTHORITY.—

18 ‘‘(1) IN GENERAL.—If the testimony of a per19 son who is serving a sentence, in pretrial detention,

20 or otherwise being held in custody in the United

21 States, is needed in a foreign criminal proceeding,

22 the Attorney General shall have the authority to—

23 ‘‘(A) temporarily transfer that person to

24 the foreign country for the purpose of giving

25 the testimony;
21

•S 1754 RS

1 ‘‘(B) transport that person from the

2 United States in custody;

3 ‘‘(C) make appropriate arrangements for

4 custody for that person while outside the

5 United States; and

6 ‘‘(D) return that person in custody to the

7 United States from the foreign country.

8 ‘‘(2) PERSONS HELD FOR STATE LAW VIOLA9 TIONS.—If the person is being held in custody for a

10 violation of State law, the Attorney General may ex11 ercise the authority described in this subsection if

12 the appropriate State authorities give their consent.

13 ‘‘(c) RETURN OF PERSONS TRANSFERRED.—

14 ‘‘(1) IN GENERAL.—If the transfer to or from

15 the United States of a person in custody for the pur16 pose of giving testimony is provided for by treaty or

17 convention, by this section, or both, that person shall

18 be returned to the United States, or to the foreign

19 country from which the person is transferred.

20 ‘‘(2) LIMITATION.—In no event shall the return

21 of a person under this subsection require any re22 quest for extradition or extradition proceedings, or

23 require that person to be subject to deportation or

24 exclusion proceedings under the laws of the United
22

•S 1754 RS

1 States, or the foreign country from which the person

2 is transferred.

3 ‘‘(d) APPLICABILITY OF INTERNATIONAL AGREE4 MENTS.—If there is an international agreement between

5 the United States and the foreign country in which a wit6 ness is being held in custody or to which the witness will

7 be transferred from the United States, that provides for

8 the transfer, custody, and return of those witnesses, the

9 terms and conditions of that international agreement shall

10 apply. If there is no such international agreement, the At11 torney General may exercise the authority described in

12 subsections (a) and (b) if both the foreign country and

13 the witness give their consent.

14 ‘‘(e) RIGHTS OF PERSONS TRANSFERRED.—

15 ‘‘(1) Notwithstanding any other provision of

16 law, a person held in custody in a foreign country

17 who is transferred to the United States pursuant to

18 this section for the purpose of giving testimony—

19 ‘‘(A) shall not by reason of that transfer,

20 during the period that person is present in the

21 United States pursuant to that transfer, be en22 titled to apply for or obtain any right or remedy

23 under the Immigration and Nationality Act, in24 cluding the right to apply for or be granted asy25 lum or withholding of deportation or any right
23

•S 1754 RS

1 to remain in the United States under any other

2 law; and

3 ‘‘(B) may be summarily removed from the

4 United States upon order of the Attorney Gen5 eral.

6 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in

7 this subsection may be construed to create any sub8 stantive or procedural right or benefit to remain in

9 the United States that is legally enforceable in a

10 court of law of the United States or of a State by

11 any party against the United States or its agencies

12 or officers.

13 ‘‘(f) CONSISTENCY WITH INTERNATIONAL OBLIGA14 TIONS.—The Attorney General shall not take any action

15 under this section to transfer or return a person to a for16 eign country unless the Attorney General determines, after

17 consultation with the Secretary of State, that transfer or

18 return would be consistent with the international obliga19 tions of the United States. A determination by the Attor20 ney General under this subsection shall not be subject to

21 judicial review by any court.’’.

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 223 of title 18, United States Code, is amended by

24 striking the item relating to section 3508 and inserting

25 the following:

‘‘3508. Temporary transfer of witnesses in custody.’’.
24

•S 1754 RS

1 TITLE III—ANTI-ATROCITY

2 ALIEN DEPORTATION

3 SEC. 301. INADMISSIBILITY AND REMOVABILITY OF ALIENS

4 WHO HAVE COMMITTED ACTS OF TORTURE

5 ABROAD.

6 (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the

7 Immigration and Nationality Act (8 U.S.C.

8 1182(a)(3)(E)) is amended by adding at the end the fol9 lowing:

10 ‘‘(iii) COMMISSION OF ACTS OF TOR11 TURE.—Any alien who, outside the United

12 States, has committed any act of torture,

13 as defined in section 2340 of title 18,

14 United States Code, is inadmissible.’’.

15 (b) REMOVABILITY.—Section 237(a)(4)(D) of that

16 Act (8 U.S.C. 1227(a)(4)(D)) is amended by striking

17 ‘‘clause (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’.

18 (c) EFFECTIVE DATE.—The amendments made by

19 this section shall apply to offenses committed before, on,

20 or after the date of enactment of this Act.

21 SEC. 302. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN22 VESTIGATIONS.

23 (a) AMENDMENT OF THE IMMIGRATION AND NA24 TIONALITY ACT.—Section 103 of the Immigration and
25

•S 1754 RS

1 Nationality Act (8 U.S.C. 1103) is amended by adding

2 at the end the following:

3 ‘‘(g) The Attorney General shall establish within the

4 Criminal Division of the Department of Justice an Office

5 of Special Investigations with the authority of inves6 tigating, and, where appropriate, taking legal action to re7 move, denaturalize, or prosecute any alien found to be in

8 violation of clause (i), (ii), or (iii) of section

9 212(a)(3)(E).’’.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) IN GENERAL.—There are authorized to be

12 appropriated to the Department of Justice for the

13 fiscal year 2000 such sums as may be necessary to

14 carry out the additional duties established under sec15 tion 103(g) of the Immigration and Nationality Act

16 (as added by this Act) in order to ensure that the

17 Office of Special Investigations fulfills its continuing

18 obligations regarding Nazi war criminals.

19 (2) AVAILABILITY OF FUNDS.—Amounts appro20 priated pursuant to paragraph (1) are authorized to

21 remain available until expended.

22 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

23 (a) SHORT TITLE.—This Act may be cited as the ‘‘De24 nying Safe Havens to International and War Criminals

25 Act of 1999’’.
26

•S 1754 RS

1 (b) TABLE OF CONTENTS.—The table of contents of this

2 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.

3 TITLE I—DENYING SAFE HAVENS

4 TO INTERNATIONAL CRIMINALS

5 SEC. 101. TEMPORARY TRANSFER OF PERSONS IN CUSTODY

6 FOR PROSECUTION.

7 (a) IN GENERAL.—Chapter 306 of title 18, United

8 States Code, is amended by adding at the end the following:

9 ‘‘§ 4116. Temporary transfer for prosecution

10 ‘‘(a) STATE DEFINED.—In this section, the term

11 ‘State’ includes a State of the United States, the District

12 of Columbia, and a commonwealth, territory, or possession

13 of the United States.

14 ‘‘(b) AUTHORITY OF ATTORNEY GENERAL WITH RE15 SPECT TO TEMPORARY TRANSFERS.—

16 ‘‘(1) IN GENERAL.—Subject to subsection (d), if

17 a person is in pretrial detention or is otherwise being
27

•S 1754 RS

1 held in custody in a foreign country based upon a

2 violation of the law in that foreign country, and that

3 person is found extraditable to the United States by

4 the competent authorities of that foreign country

5 while still in the pretrial detention or custody, the At6 torney General shall have the authority—

7 ‘‘(A) to request the temporary transfer of

8 that person to the United States in order to face

9 prosecution in a Federal or State criminal pro10 ceeding;

11 ‘‘(B) to maintain the custody of that person

12 while the person is in the United States; and

13 ‘‘(C) to return that person to the foreign

14 country at the conclusion of the criminal pros15 ecution, including any imposition of sentence.

16 ‘‘(2) REQUIREMENTS FOR REQUESTS BY ATTOR17 NEY GENERAL.—The Attorney General shall make a

18 request under paragraph (1) only if the Attorney

19 General determines, after consultation with the Sec20 retary of State, that the return of that person to the

21 foreign country in question would be consistent with

22 international obligations of the United States.

23 ‘‘(c) AUTHORITY OF ATTORNEY GENERAL WITH RE24 SPECT TO PRETRIAL DETENTIONS.—

25 ‘‘(1) IN GENERAL.—
28

•S 1754 RS

1 ‘‘(A) AUTHORITY OF ATTORNEY GENERAL.—

2 Subject to paragraph (2) and subsection (d), the

3 Attorney General shall have the authority to

4 carry out the actions described in subparagraph

5 (B), if—

6 ‘‘(i) a person is in pretrial detention

7 or is otherwise being held in custody in the

8 United States based upon a violation of

9 Federal or State law, and that person is

10 found extraditable to a foreign country

11 while still in the pretrial detention or cus12 tody pursuant to section 3184, 3197, or

13 3198; and

14 ‘‘(ii) a determination is made by the

15 Secretary of State and the Attorney General

16 that the person will be surrendered.

17 ‘‘(B) ACTIONS.—If the conditions described

18 in subparagraph (A) are met, the Attorney Gen19 eral shall have the authority to—

20 ‘‘(i) temporarily transfer the person

21 described in subparagraph (A) to the for22 eign country of the foreign government re23 questing the extradition of that person in

24 order to face prosecution;
29

•S 1754 RS

1 ‘‘(ii) transport that person from the

2 United States in custody; and

3 ‘‘(iii) return that person in custody to

4 the United States from the foreign country.

5 ‘‘(2) CONSENT BY STATE AUTHORITIES.—If the

6 person is being held in custody for a violation of

7 State law, the Attorney General may exercise the au8 thority described in paragraph (1) if the appropriate

9 State authorities give their consent to the Attorney

10 General.

11 ‘‘(3) CRITERION FOR REQUEST.—The Attorney

12 General shall make a request under paragraph (1)

13 only if the Attorney General determines, after con14 sultation with the Secretary of State, that the return

15 of the person sought for extradition to the foreign

16 country of the foreign government requesting the ex17 tradition would be consistent with United States

18 international obligations.

19 ‘‘(4) EFFECT OF TEMPORARY TRANSFER.—With

20 regard to any person in pretrial detention—

21 ‘‘(A) a temporary transfer under this sub22 section shall result in an interruption in the pre23 trial detention status of that person; and

24 ‘‘(B) the right to challenge the conditions of

25 confinement pursuant to section 3142(f) does not
30

•S 1754 RS

1 extend to the right to challenge the conditions of

2 confinement in a foreign country while in that

3 foreign country temporarily under this sub4 section.

5 ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR FINDING

6 OF WHETHER A PERSON IS EXTRADITABLE.—The Attorney

7 General may exercise the authority described in subsections

8 (b) and (c) absent a prior finding that the person in custody

9 is extraditable, if the person, any appropriate State au10 thorities in a case under subsection (c), and the requesting

11 foreign government give their consent to waive that require12 ment.

13 ‘‘(e) RETURN OF PERSONS.—

14 ‘‘(1) IN GENERAL.—If the temporary transfer to

15 or from the United States of a person in custody for

16 the purpose of prosecution is provided for by this sec17 tion, that person shall be returned to the United

18 States or to the foreign country from which the person

19 is transferred on completion of the proceedings upon

20 which the transfer was based.

21 ‘‘(2) STATUTORY INTERPRETATION WITH RE22 SPECT TO IMMIGRATION LAWS.—In no event shall the

23 return of a person under paragraph (1) require extra24 dition proceedings or proceedings under the immigra25 tion laws.
31

•S 1754 RS

1 ‘‘(3) CERTAIN RIGHTS AND REMEDIES

2 BARRED.—Notwithstanding any other provision of

3 law, a person temporarily transferred to the United

4 States pursuant to this section shall not be entitled to

5 apply for or obtain any right or remedy under the

6 Immigration and Nationality Act (8 U.S.C. 1101 et

7 seq.), including the right to apply for or be granted

8 asylum or withholding of deportation.’’.

9 (b) CLERICAL AMENDMENT.—The analysis for chapter

10 306 of title 18, United States Code, is amended by adding

11 at the end the following:

‘‘4116. Temporary transfer for prosecution.’’.

12 SEC. 102. PROHIBITING FUGITIVES FROM BENEFITING

13 FROM FUGITIVE STATUS.

14 (a) IN GENERAL.—Chapter 163 of title 28, United

15 States Code, is amended by adding at the end the following:

16 ‘‘§ 2466. Fugitive disentitlement

17 ‘‘A person may not use the resources of the courts of

18 the United States in furtherance of a claim in any related

19 civil forfeiture action or a claim in third party proceedings

20 in any related criminal forfeiture action if that person—

21 ‘‘(1) purposely leaves the jurisdiction of the

22 United States;

23 ‘‘(2) declines to enter or reenter the United

24 States to submit to its jurisdiction; or
32

•S 1754 RS

1 ‘‘(3) otherwise evades the jurisdiction of the court

2 in which a criminal case is pending against the per3 son.’’.

4 (b) CLERICAL AMENDMENT.—The analysis for chapter

5 163 of title 28, United States Code, is amended by adding

6 at the end the following:

‘‘2466. Fugitive disentitlement.’’.

7 SEC. 103. TRANSFER OF FOREIGN PRISONERS TO SERVE

8 SENTENCES IN COUNTRY OF ORIGIN.

9 Section 4100(b) of title 18, United States Code, is

10 amended in the third sentence by striking ‘‘An offender’’

11 and inserting ‘‘Unless otherwise provided by treaty, an of12 fender’’.

13 SEC. 104. TRANSIT OF FUGITIVES FOR PROSECUTION IN

14 FOREIGN COUNTRIES.

15 (a) IN GENERAL.—Chapter 305 of title 18, United

16 States Code, is amended by adding at the end the following:

17 ‘‘§ 4087. Transit through the United States of persons

18 wanted in a foreign country

19 ‘‘(a) IN GENERAL.—The Attorney General may, in

20 consultation with the Secretary of State, permit the tem21 porary transit through the United States of a person want22 ed for prosecution or imposition of sentence in a foreign

23 country.

24 ‘‘(b) LIMITATION ON JUDICIAL REVIEW.—A deter25 mination by the Attorney General to permit or not to per-
33

•S 1754 RS

1 mit a temporary transit described in subsection (a) shall

2 not be subject to judicial review.

3 ‘‘(c) CUSTODY.—If the Attorney General permits a

4 temporary transit under subsection (a), Federal law en5 forcement personnel may hold the person subject to that

6 transit in custody during the transit of the person through

7 the United States.

8 ‘‘(d) CONDITIONS APPLICABLE TO PERSONS SUBJECT

9 TO TEMPORARY TRANSIT.—Notwithstanding any other pro10 vision of law, a person who is subject to a temporary transit

11 through the United States under this section shall—

12 ‘‘(1) be required to have only such documents as

13 the Attorney General shall require;

14 ‘‘(2) not be considered to be admitted or paroled

15 into the United States; and

16 ‘‘(3) not be entitled to apply for or obtain any

17 right or remedy under the Immigration and Nation18 ality Act (8 U.S.C. 1101 et seq.), including the right

19 to apply for or be granted asylum or withholding of

20 deportation.’’.

21 (b) CLERICAL AMENDMENT.—The analysis for chapter

22 305 of title 18, United States Code, is amended by adding

23 at the end the following:

‘‘4087. Transit through the United States of persons wanted in a foreign country.’’.
34

•S 1754 RS

1 TITLE II—PROMOTING GLOBAL

2 COOPERATION IN THE FIGHT

3 AGAINST INTERNATIONAL

4 CRIME

5 SEC. 201. STREAMLINED PROCEDURES FOR EXECUTION OF

6 MLAT REQUESTS.

7 (a) IN GENERAL.—Chapter 117 of title 28, United

8 States Code, is amended by adding at the end the following:

9 ‘‘§ 1785. Assistance to foreign authorities

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) PRESENTATION OF REQUESTS.—The Attor12 ney General may present a request made by a foreign

13 government for assistance with respect to a foreign in14 vestigation, prosecution, or proceeding regarding a

15 criminal matter pursuant to a treaty, convention, or

16 executive agreement for mutual legal assistance be17 tween the United States and that government or in

18 accordance with section 1782, the execution of which

19 requires or appears to require the use of compulsory

20 measures in more than 1 judicial district, to a judge

21 or judge magistrate of—

22 ‘‘(A) any 1 of the districts in which persons

23 who may be required to appear to testify or

24 produce evidence or information reside or are
35

•S 1754 RS

1 found, or in which evidence or information to be

2 produced is located; or

3 ‘‘(B) the United States District Court for

4 the District of Columbia.

5 ‘‘(2) AUTHORITY OF COURT.—A judge or judge

6 magistrate to whom a request for assistance is pre7 sented under paragraph (1) shall have the authority

8 to issue those orders necessary to execute the request

9 including orders appointing a person to direct the

10 taking of testimony or statements and the production

11 of evidence or information, of whatever nature and in

12 whatever form, in execution of the request.

13 ‘‘(b) AUTHORITY OF APPOINTED PERSONS.—A person

14 appointed under subsection (a)(2) shall have the authority

15 to—

16 ‘‘(1) issue orders for the taking of testimony or

17 statements and the production of evidence or informa18 tion, which orders may be served at any place within

19 the United States;

20 ‘‘(2) administer any necessary oath; and

21 ‘‘(3) take testimony or statements and receive

22 evidence and information.

23 ‘‘(c) PERSONS ORDERED TO APPEAR.—A person or24 dered pursuant to subsection (b)(1) to appear outside the
36

•S 1754 RS

1 district in which that person resides or is found may, not

2 later than 10 days after receipt of the order—

3 ‘‘(1) file with the judge or judge magistrate who

4 authorized execution of the request a motion to ap5 pear in the district in which that person resides or

6 is found or in which the evidence or information is

7 located; or

8 ‘‘(2) provide written notice, requesting appear9 ance in the district in which the person resides or is

10 found or in which the evidence or information is lo11 cated, to the person issuing the order to appear, who

12 shall advise the judge or judge magistrate authorizing

13 execution.

14 ‘‘(d) TRANSFER OF REQUESTS.—

15 ‘‘(1) IN GENERAL.—The judge or judge mag16 istrate may transfer a request under subsection (c), or

17 that portion requiring the appearance of that person,

18 to the other district if—

19 ‘‘(A) the inconvenience to the person is sub20 stantial; and

21 ‘‘(B) the transfer is unlikely to adversely af22 fect the effective or timely execution of the request

23 or a portion thereof.

24 ‘‘(2) EXECUTION.—Upon transfer, the judge or

25 judge magistrate to whom the request or a portion
37

•S 1754 RS

1 thereof is transferred shall complete its execution in

2 accordance with subsections (a) and (b).’’.

3 (b) CLERICAL AMENDMENT.—The analysis for chapter

4 117 of title 28, United States Code, is amended by adding

5 at the end the following:

‘‘1785. Assistance to foreign authorities.’’.

6 SEC. 202. TEMPORARY TRANSFER OF INCARCERATED WIT7 NESSES.

8 (a) IN GENERAL.—Section 3508 of title 18, United

9 States Code, is amended—

10 (1) by striking the section heading and inserting

11 the following:

12 ‘‘§ 3508. Temporary transfer of witnesses in custody’’;

13 (2) in subsection (a), by inserting ‘‘IN GEN14 ERAL.—’’ after ‘‘(a)’’; and

15 (3) by striking subsections (b) and (c) and in16 serting the following:

17 ‘‘(b) TRANSFER AUTHORITY.—

18 ‘‘(1) IN GENERAL.—If the testimony of a person

19 who is serving a sentence, in pretrial detention, or

20 otherwise being held in custody in the United States,

21 is needed in a foreign criminal proceeding, the Attor22 ney General shall have the authority to—

23 ‘‘(A) temporarily transfer that person to the

24 foreign country for the purpose of giving the tes25 timony;
38

•S 1754 RS

1 ‘‘(B) transport that person from the United

2 States in custody;

3 ‘‘(C) make appropriate arrangements for

4 custody for that person while outside the United

5 States; and

6 ‘‘(D) return that person in custody to the

7 United States from the foreign country.

8 ‘‘(2) PERSONS HELD FOR STATE LAW VIOLA9 TIONS.—If the person is being held in custody for a

10 violation of State law, the Attorney General may ex11 ercise the authority described in this subsection if the

12 appropriate State authorities give their consent.

13 ‘‘(c) RETURN OF PERSONS TRANSFERRED.—

14 ‘‘(1) IN GENERAL.—If the transfer to or from the

15 United States of a person in custody for the purpose

16 of giving testimony is provided for by treaty or con17 vention, by this section, or both, that person shall be

18 returned to the United States, or to the foreign coun19 try from which the person is transferred.

20 ‘‘(2) LIMITATION.—In no event shall the return

21 of a person under this subsection require any request

22 for extradition or extradition proceedings, or require

23 that person to be subject to deportation or exclusion

24 proceedings under the laws of the United States, or
39

•S 1754 RS

1 the foreign country from which the person is trans2 ferred.

3 ‘‘(d) APPLICABILITY OF INTERNATIONAL AGREE4 MENTS.—If there is an international agreement between the

5 United States and the foreign country in which a witness

6 is being held in custody or to which the witness will be

7 transferred from the United States, that provides for the

8 transfer, custody, and return of those witnesses, the terms

9 and conditions of that international agreement shall apply.

10 If there is no such international agreement, the Attorney

11 General may exercise the authority described in subsections

12 (a) and (b) if both the foreign country and the witness give

13 their consent.

14 ‘‘(e) RIGHTS OF PERSONS TRANSFERRED.—

15 ‘‘(1) Notwithstanding any other provision of law,

16 a person held in custody in a foreign country who is

17 transferred to the United States pursuant to this sec18 tion for the purpose of giving testimony—

19 ‘‘(A) shall not by reason of that transfer,

20 during the period that person is present in the

21 United States pursuant to that transfer, be enti22 tled to apply for or obtain any right or remedy

23 under the Immigration and Nationality Act, in24 cluding the right to apply for or be granted asy25 lum or withholding of deportation or any right
40

•S 1754 RS

1 to remain in the United States under any other

2 law; and

3 ‘‘(B) may be summarily removed from the

4 United States upon order of the Attorney Gen5 eral.

6 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this

7 subsection may be construed to create any substantive

8 or procedural right or benefit to remain in the United

9 States that is legally enforceable in a court of law of

10 the United States or of a State by any party against

11 the United States or its agencies or officers.

12 ‘‘(f) CONSISTENCY WITH INTERNATIONAL OBLIGA13 TIONS.—The Attorney General shall not take any action

14 under this section to transfer or return a person to a foreign

15 country unless the Attorney General determines, after con16 sultation with the Secretary of State, that transfer or return

17 would be consistent with the international obligations of the

18 United States. A determination by the Attorney General

19 under this subsection shall not be subject to judicial review

20 by any court.’’.

21 (b) CLERICAL AMENDMENT.—The analysis for chapter

22 223 of title 18, United States Code, is amended by striking

23 the item relating to section 3508 and inserting the fol24 lowing:

‘‘3508. Temporary transfer of witnesses in custody.’’.
41

•S 1754 RS

1 TITLE III—ANTI-ATROCITY ALIEN

2 DEPORTATION

3 SEC. 301. INADMISSIBILITY AND REMOVABILITY OF ALIENS

4 WHO HAVE COMMITTED ACTS OF TORTURE

5 ABROAD.

6 (a) INADMISSIBILITY.—Section 212(a)(3)(E) of the

7 Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E))

8 is amended by adding at the end the following:

9 ‘‘(iii) COMMISSION OF ACTS OF TOR10 TURE.—Any alien who, outside the United

11 States, has committed any act of torture, as

12 defined in section 2340 of title 18, United

13 States Code, is inadmissible.’’.

14 (b) REMOVABILITY.—Section 237(a)(4)(D) of that Act

15 (8 U.S.C. 1227(a)(4)(D)) is amended by striking ‘‘clause

16 (i) or (ii)’’ and inserting ‘‘clause (i), (ii), or (iii)’’.

17 (c) EFFECTIVE DATE.—The amendments made by this

18 section shall apply to offenses committed before, on, or after

19 the date of enactment of this Act.

20 SEC. 302. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN21 VESTIGATIONS.

22 (a) AMENDMENT OF THE IMMIGRATION AND NATION23 ALITY ACT.—Section 103 of the Immigration and Nation24 ality Act (8 U.S.C. 1103) is amended by adding at the end

25 the following:
42

•S 1754 RS

1 ‘‘(g) The Attorney General shall establish within the

2 Criminal Division of the Department of Justice an Office

3 of Special Investigations with the authority of inves4 tigating, and, where appropriate, taking legal action to re5 move, denaturalize, or prosecute any alien found to be in

6 violation of clause (i), (ii), or (iii) of section 212(a)(3)(E).’’.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—

8 (1) IN GENERAL.—There are authorized to be ap9 propriated to the Department of Justice for the fiscal

10 year 2000 such sums as may be necessary to carry

11 out the additional duties established under section

12 103(g) of the Immigration and Nationality Act (as

13 added by this Act) in order to ensure that the Office

14 of Special Investigations fulfills its continuing obliga15 tions regarding Nazi war criminals.

16 (2) AVAILABILITY OF FUNDS.—Amounts appro17 priated pursuant to paragraph (1) are authorized to

18 remain available until expended.