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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1754 Referred in House (RFH)]

  1st Session
                                S. 1754

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 1999

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

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

    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:
``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.

            Passed the Senate November 4, 1999.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.
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