II

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

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’’.

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

8 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—DENYING SAFE HAVENS TO INTERNATIONAL

CRIMINALS
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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.

1 TITLE I—DENYING SAFE HAVENS

2 TO INTERNATIONAL CRIMINALS

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

4 LIST TREATY.

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

6 amended by adding at the end the following:

7 ‘‘§ 3197. Extradition for offenses not covered by a list

8 treaty

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

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

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

12 treaty to which the United States is a party that ob13 ligates parties—

14 ‘‘(A) to extradite alleged offenders found

15 in the territory of the parties; or

16 ‘‘(B) submit the case to the competent au17 thorities of the parties for prosecution; or
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1 ‘‘(2) conduct that, if that conduct occurred in

2 the United States, would constitute—

3 ‘‘(A) a crime of violence (as defined in sec4 tion 16);

5 ‘‘(B) the distribution, manufacture, impor6 tation, or exportation of a controlled substance

7 (as defined in section 201 of the Controlled

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

9 ‘‘(C) bribery of a public official or mis10 appropriation, embezzlement, or theft of public

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

12 ‘‘(D) obstruction of justice, including pay13 ment of bribes to jurors or witnesses;

14 ‘‘(E) the laundering of monetary instru15 ments, as described in section 1956, if the value

16 of the monetary instruments involved exceeds

17 $100,000;

18 ‘‘(F) fraud, theft, embezzlement, or com19 mercial bribery if the aggregate value of prop20 erty that is the object of all of the offenses re21 lated to the conduct exceeds $100,000;

22 ‘‘(G) counterfeiting, if the obligations, se23 curities, or other items counterfeited have an

24 apparent value that exceeds $100,000;
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1 ‘‘(H) a conspiracy or attempt to commit

2 any of the offenses described in any of subpara3 graphs (A) through (G), or aiding and abetting

4 a person who commits any such offense; or

5 ‘‘(I) a crime against children under chap6 ter 109A or section 2251, 2251A, 2252, or

7 2252A.

8 ‘‘(b) AUTHORIZATION OF FILING.—

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

10 makes a request for the extradition of a person who

11 is charged with or has been convicted of an offense

12 within the jurisdiction of that foreign government,

13 and an extradition treaty between the United States

14 and the foreign government is in force, but the trea15 ty does not provide for extradition for the offense

16 with which the person has been charged or for which

17 the person has been convicted, the Attorney General

18 may authorize the filing of a complaint for extra19 dition pursuant to subsections (c) and (d).

20 ‘‘(2) FILING OF COMPLAINTS.—

21 ‘‘(A) IN GENERAL.—A complaint author22 ized under paragraph (1) shall be filed pursu23 ant to section 3184.

24 ‘‘(B) PROCEDURES.—With respect to a

25 complaint filed under paragraph (1), the proce-
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1 dures contained in sections 3184 and 3186 and

2 the terms of the relevant extradition treaty

3 shall apply as if the offense were a crime pro4 vided for by the treaty, in a manner consistent

5 with section 3184.

6 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM7 PLAINTS.—

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

9 authorize the filing of a complaint under subsection

10 (b) only upon a certification—

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

12 judgment of the Attorney General—

13 ‘‘(i) the offense for which extradition

14 is sought is a serious offense; and

15 ‘‘(ii) submission of the extradition re16 quest would be important to the law en17 forcement interests of the United States or

18 otherwise in the interests of justice; and

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

20 judgment of the Secretary of State, submission

21 of the request would be consistent with the for22 eign policy interests of the United States.

23 ‘‘(2) FACTORS FOR CONSIDERATION.—In mak24 ing any certification under paragraph (1)(B), the

25 Secretary of State may consider whether the facts
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1 and circumstances of the request then known appear

2 likely to present any significant impediment to the

3 ultimate surrender of the person who is the subject

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

5 to be extraditable.

6 ‘‘(d) CASES OF URGENCY.—

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

8 Attorney General may, with the concurrence of the

9 Secretary of State and before any formal certifi10 cation under subsection (c), authorize the filing of a

11 complaint seeking the provisional arrest and deten12 tion of the person sought for extradition before the

13 receipt of documents or other proof in support of the

14 request for extradition.

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

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

17 a provision regarding provisional arrest in the rel18 evant treaty shall apply.

19 ‘‘(3) FILING AND EFFECT OF FILING OF COM20 PLAINTS.—

21 ‘‘(A) IN GENERAL.—A complaint author22 ized under this subsection shall be filed in the

23 same manner as provided in section 3184.

24 ‘‘(B) ISSUANCE OF ORDERS.—Upon the fil25 ing of a complaint under this subsection, the
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1 appropriate judicial officer may issue an order

2 for the provisional arrest and detention of the

3 person as provided in section 3184.

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

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

6 surrender under section 3184 or 3186, the Secretary

7 of State may—

8 ‘‘(A) impose conditions upon the surrender

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

10 and

11 ‘‘(B) require those assurances of compli12 ance with those conditions as are determined by

13 the Secretary to be appropriate.

14 ‘‘(2) ADDITIONAL ASSURANCES.—

15 ‘‘(A) IN GENERAL.—In addition to impos16 ing conditions and requiring assurances under

17 paragraph (1), the Secretary of State shall de18 mand, as a condition of the extradition of the

19 person in every case, an assurance described in

20 subparagraph (B) that the Secretary deter21 mines to be satisfactory.

22 ‘‘(B) DESCRIPTION OF ASSURANCES.—An

23 assurance described in this subparagraph is an

24 assurance that the person that is sought for ex25 tradition shall not be tried or punished for an
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1 offense other than that for which the person

2 has been extradited, absent the consent of the

3 United States.’’.

4 SEC. 102. TECHNICAL AND CONFORMING AMENDMENTS.

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

6 States Code, is amended—

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

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

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

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

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

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 209 of title 18, United States Code, is amended by

14 adding at the end the following:

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

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

15 SEC. 103. TEMPORARY TRANSFER OF PERSONS IN CUSTODY

16 FOR PROSECUTION.

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

18 States Code, is amended by adding at the end the fol19 lowing:

20 ‘‘§ 4116. Temporary transfer for prosecution

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

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

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

24 of the United States.
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1 ‘‘(b) AUTHORITY OF ATTORNEY GENERAL WITH RE2 SPECT TO TEMPORARY TRANSFERS.—

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

4 if a person is in pretrial detention or is otherwise

5 being held in custody in a foreign country based

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

7 and that person is found extraditable to the United

8 States by the competent authorities of that foreign

9 country while still in the pretrial detention or cus10 tody, the Attorney General shall have the

11 authority—

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

13 that person to the United States in order to

14 face prosecution in a Federal or State criminal

15 proceeding;

16 ‘‘(B) to maintain the custody of that per17 son while the person is in the United States;

18 and

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

20 country at the conclusion of the criminal pros21 ecution, including any imposition of sentence.

22 ‘‘(2) REQUIREMENTS FOR REQUESTS BY AT23 TORNEY GENERAL.—The Attorney General shall

24 make a request under paragraph (1) only if the At25 torney General determines, after consultation with
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1 the Secretary of State, that the return of that per2 son to the foreign country in question would be con3 sistent with international obligations of the United

4 States.

5 ‘‘(c) AUTHORITY OF ATTORNEY GENERAL WITH RE6 SPECT TO PRETRIAL DETENTIONS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) AUTHORITY OF ATTORNEY GEN9 ERAL.—Subject to paragraph (2) and sub10 section (d), the Attorney General shall have the

11 authority to carry out the actions described in

12 subparagraph (B), if—

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

14 or is otherwise being held in custody in the

15 United States based upon a violation of

16 Federal or State law, and that person is

17 found extraditable to a foreign country

18 while still in the pretrial detention or cus19 tody pursuant to section 3184, 3197, or

20 3198; and

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

22 Secretary of State and the Attorney Gen23 eral that the person will be surrendered.
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1 ‘‘(B) ACTIONS.—If the conditions de2 scribed in subparagraph (A) are met, the Attor3 ney General shall have the authority to—

4 ‘‘(i) temporarily transfer the person

5 described in subparagraph (A) to the for6 eign country of the foreign government re7 questing the extradition of that person in

8 order to face prosecution;

9 ‘‘(ii) transport that person from the

10 United States in custody; and

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

12 the United States from the foreign coun13 try.

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

15 person is being held in custody for a violation of

16 State law, the Attorney General may exercise the au17 thority described in paragraph (1) if the appropriate

18 State authorities give their consent to the Attorney

19 General.

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

21 General shall make a request under paragraph (1)

22 only if the Attorney General determines, after con23 sultation with the Secretary of State, that the return

24 of the person sought for extradition to the foreign

25 country of the foreign government requesting the ex-
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1 tradition would be consistent with United States

2 international obligations.

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

4 With regard to any person in pretrial detention—

5 ‘‘(A) a temporary transfer under this sub6 section shall result in an interruption in the

7 pretrial detention status of that person; and

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

9 of confinement pursuant to section 3142(f) does

10 not extend to the right to challenge the condi11 tions of confinement in a foreign country while

12 in that foreign country temporarily under this

13 subsection.

14 ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR FIND15 ING OF WHETHER A PERSON IS EXTRADITABLE.—The

16 Attorney General may exercise the authority described in

17 subsections (b) and (c) absent a prior finding that the per18 son in custody is extraditable, if the person, any appro19 priate State authorities in a case under subsection (c), and

20 the requesting foreign government give their consent to

21 waive that requirement.

22 ‘‘(e) RETURN OF PERSONS.—

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

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

25 for the purpose of prosecution is provided for by this
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1 section, that person shall be returned to the United

2 States or to the foreign country from which the per3 son is transferred on completion of the proceedings

4 upon which the transfer was based.

5 ‘‘(2) STATUTORY INTERPRETATION WITH RE6 SPECT TO IMMIGRATION LAWS.—In no event shall

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

8 extradition proceedings or proceedings under the im9 migration laws.

10 ‘‘(3) CERTAIN RIGHTS AND REMEDIES

11 BARRED.—Notwithstanding any other provision of

12 law, a person temporarily transferred to the United

13 States pursuant to this section shall not be entitled

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

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

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

17 asylum or withholding of deportation.’’.

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 306 of title 18, United States Code, is amended by

20 adding at the end the following:

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

21 SEC. 104. PROHIBITING FUGITIVES FROM BENEFITING

22 FROM FUGITIVE STATUS.

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

24 States Code, is amended by adding at the end the fol25 lowing:
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1 ‘‘§ 2466. Fugitive disentitlement

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

3 of the United States in furtherance of a claim in any re4 lated civil forfeiture action or a claim in third party pro5 ceedings in any related criminal forfeiture action if that

6 person—

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

8 United States;

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

10 States to submit to its jurisdiction; or

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

12 court in which a criminal case is pending against the

13 person.’’.

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 163 of title 28, United States Code, is amended by

16 adding at the end the following:

‘‘2466. Fugitive disentitlement.’’.

17 SEC. 105. TRANSFER OF FOREIGN PRISONERS TO SERVE

18 SENTENCES IN COUNTRY OF ORIGIN.

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

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

21 and inserting ‘‘Unless otherwise provided by treaty, an of22 fender’’.
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1 SEC. 106. TRANSIT OF FUGITIVES FOR PROSECUTION IN

2 FOREIGN COUNTRIES.

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

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

6 ‘‘§ 4087. Transit through the United States of persons

7 wanted in a foreign country

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

9 consultation with the Secretary of State, permit the tem10 porary transit through the United States of a person

11 wanted for prosecution or imposition of sentence in a for12 eign country.

13 ‘‘(b) LIMITATION ON JUDICIAL REVIEW.—A deter14 mination by the Attorney General to permit or not to per15 mit a temporary transit described in subsection (a) shall

16 not be subject to judicial review.

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

18 temporary transit under subsection (a), Federal law en19 forcement personnel may hold the person subject to that

20 transit in custody during the transit of the person through

21 the United States.

22 ‘‘(d) CONDITIONS APPLICABLE TO PERSONS SUB23 JECT TO TEMPORARY TRANSIT.—Notwithstanding any

24 other provision of law, a person who is subject to a tem25 porary transit through the United States under this sec26 tion shall—
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1 ‘‘(1) be required to have only such documents

2 as the Attorney General shall require;

3 ‘‘(2) not be considered to be admitted or pa4 roled into the United States; and

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

6 right or remedy under the Immigration and Nation7 ality Act (8 U.S.C. 1101 et seq.), including the right

8 to apply for or be granted asylum or withholding of

9 deportation.’’.

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 305 of title 18, United States Code, is amended by

12 adding at the end the following:

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

13 TITLE II—PROMOTING GLOBAL

14 COOPERATION IN THE FIGHT

15 AGAINST INTERNATIONAL

16 CRIME

17 SEC. 201. STREAMLINED PROCEDURES FOR EXECUTION OF

18 MLAT REQUESTS.

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

20 States Code, is amended by adding at the end the fol21 lowing:

22 ‘‘§ 1785. Assistance to foreign authorities

23 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) PRESENTATION OF REQUESTS.—The At2 torney General may present a request made by a

3 foreign government for assistance with respect to a

4 foreign investigation, prosecution, or proceeding re5 garding a criminal matter pursuant to a treaty, con6 vention, or executive agreement for mutual legal as7 sistance between the United States and that govern8 ment or in accordance with section 1782, the execu9 tion of which requires or appears to require the use

10 of compulsory measures in more than 1 judicial dis11 trict, to a judge or judge magistrate of—

12 ‘‘(A) any 1 of the districts in which per13 sons who may be required to appear to testify

14 or produce evidence or information reside or are

15 found, or in which evidence or information to be

16 produced is located; or

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

18 the District of Columbia.

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

20 magistrate to whom a request for assistance is pre21 sented under paragraph (1) shall have the authority

22 to issue those orders necessary to execute the re23 quest including orders appointing a person to direct

24 the taking of testimony or statements and the pro25 duction of evidence or information, of whatever na-
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1 ture and in whatever form, in execution of the re2 quest.

3 ‘‘(b) AUTHORITY OF APPOINTED PERSONS.—A per4 son appointed under subsection (a)(2) shall have the au5 thority to—

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

7 statements and the production of evidence or infor8 mation, which orders may be served at any place

9 within the United States;

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

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

12 evidence and information.

13 ‘‘(c) PERSONS ORDERED TO APPEAR.—A person or14 dered pursuant to subsection (b)(1) to appear outside the

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

16 later than 10 days after receipt of the order—

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

18 authorized execution of the request a motion to ap19 pear in the district in which that person resides or

20 is found or in which the evidence or information is

21 located; or

22 ‘‘(2) provide written notice, requesting appear23 ance in the district in which the person resides or

24 is found or in which the evidence or information is

25 located, to the person issuing the order to appear,
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1 who shall advise the judge or judge magistrate au2 thorizing execution.

3 ‘‘(d) TRANSFER OF REQUESTS.—

4 ‘‘(1) IN GENERAL.—The judge or judge mag5 istrate may transfer a request under subsection (c),

6 or that portion requiring the appearance of that per7 son, to the other district if—

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

9 substantial; and

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

11 affect the effective or timely execution of the re12 quest or a portion thereof.

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

14 judge magistrate to whom the request or a portion

15 thereof is transferred shall complete its execution in

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

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 117 of title 28, United States Code, is amended by

19 adding at the end the following:

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

20 SEC. 202. TEMPORARY TRANSFER OF INCARCERATED WIT21 NESSES.

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

23 States Code, is amended—

24 (1) by striking the section heading and insert25 ing the following:
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1 ‘‘§ 3508. Temporary transfer of witnesses in custody’’;

2 (2) in subsection (a), by inserting ‘‘IN GEN3 ERAL.—’’ after ‘‘(a)’’; and

4 (3) by striking subsections (b) and (c) and in5 serting the following:

6 ‘‘(b) TRANSFER AUTHORITY.—

7 ‘‘(1) IN GENERAL.—If the testimony of a per8 son who is serving a sentence, in pretrial detention,

9 or otherwise being held in custody in the United

10 States, is needed in a foreign criminal proceeding,

11 the Attorney General shall have the authority to—

12 ‘‘(A) temporarily transfer that person to

13 the foreign country for the purpose of giving

14 the testimony;

15 ‘‘(B) transport that person from the

16 United States in custody;

17 ‘‘(C) make appropriate arrangements for

18 custody for that person while outside the

19 United States; and

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

21 United States from the foreign country.

22 ‘‘(2) PERSONS HELD FOR STATE LAW VIOLA23 TIONS.—If the person is being held in custody for a

24 violation of State law, the Attorney General may ex25 ercise the authority described in this subsection if

26 the appropriate State authorities give their consent.
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1 ‘‘(c) RETURN OF PERSONS TRANSFERRED.—

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

3 the United States of a person in custody for the pur4 pose of giving testimony is provided for by treaty or

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

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

7 country from which the person is transferred.

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

9 of a person under this subsection require any re10 quest for extradition or extradition proceedings, or

11 require that person to be subject to deportation or

12 exclusion proceedings under the laws of the United

13 States, or the foreign country from which the person

14 is transferred.

15 ‘‘(d) APPLICABILITY OF INTERNATIONAL AGREE16 MENTS.—If there is an international agreement between

17 the United States and the foreign country in which a wit18 ness is being held in custody or to which the witness will

19 be transferred from the United States, that provides for

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

21 terms and conditions of that international agreement shall

22 apply. If there is no such international agreement, the At23 torney General may exercise the authority described in

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

25 the witness give their consent.
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1 ‘‘(e) RIGHTS OF PERSONS TRANSFERRED.—

2 ‘‘(1) Notwithstanding any other provision of

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

4 who is transferred to the United States pursuant to

5 this section for the purpose of giving testimony—

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

7 during the period that person is present in the

8 United States pursuant to that transfer, be en9 titled to apply for or obtain any right or remedy

10 under the Immigration and Nationality Act, in11 cluding the right to apply for or be granted asy12 lum or withholding of deportation or any right

13 to remain in the United States under any other

14 law; and

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

16 United States upon order of the Attorney Gen17 eral.

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

19 this subsection may be construed to create any sub20 stantive or procedural right or benefit to remain in

21 the United States that is legally enforceable in a

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

23 any party against the United States or its agencies

24 or officers.
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1 ‘‘(f) CONSISTENCY WITH INTERNATIONAL OBLIGA2 TIONS.—The Attorney General shall not take any action

3 under this section to transfer or return a person to a for4 eign country unless the Attorney General determines, after

5 consultation with the Secretary of State, that transfer or

6 return would be consistent with the international obliga7 tions of the United States. A determination by the Attor8 ney General under this subsection shall not be subject to

9 judicial review by any court.’’.

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 223 of title 18, United States Code, is amended by

12 striking the item relating to section 3508 and inserting

13 the following:

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

14 TITLE III—ANTI-ATROCITY

15 ALIEN DEPORTATION

16 SEC. 301. INADMISSIBILITY AND REMOVABILITY OF ALIENS

17 WHO HAVE COMMITTED ACTS OF TORTURE

18 ABROAD.

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

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

21 1182(a)(3)(E)) is amended by adding at the end the fol22 lowing:

23 ‘‘(iii) COMMISSION OF ACTS OF TOR24 TURE.—Any alien who, outside the United

25 States, has committed any act of torture,
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1 as defined in section 2340 of title 18,

2 United States Code, is inadmissible.’’.

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

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

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

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

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

8 or after the date of enactment of this Act.

9 SEC. 302. ESTABLISHMENT OF THE OFFICE OF SPECIAL IN10 VESTIGATIONS.

11 (a) AMENDMENT OF THE IMMIGRATION AND NA12 TIONALITY ACT.—Section 103 of the Immigration and

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

14 at the end the following:

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

16 Criminal Division of the Department of Justice an Office

17 of Special Investigations with the authority of inves18 tigating, and, where appropriate, taking legal action to re19 move, denaturalize, or prosecute any alien found to be in

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

21 212(a)(3)(E).’’.

22 (b) AUTHORIZATION OF APPROPRIATIONS.—

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

24 appropriated to the Department of Justice for the

25 fiscal year 2000 such sums as may be necessary to
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1 carry out the additional duties established under sec2 tion 103(g) of the Immigration and Nationality Act

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

4 Office of Special Investigations fulfills its continuing

5 obligations regarding Nazi war criminals.

6 (2) AVAILABILITY OF FUNDS.—Amounts appro7 priated pursuant to paragraph (1) are authorized to

8 remain available until expended.

Æ