I

106TH CONGRESS

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.

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’’.
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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. 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 fol9 lowing:

10 ‘‘§ 4116. Temporary transfer for prosecution

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

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

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

14 of the United States.

15 ‘‘(b) AUTHORITY OF ATTORNEY GENERAL WITH RE16 SPECT TO TEMPORARY TRANSFERS.—
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1 ‘‘(1) IN GENERAL.—Subject to subsection (d),

2 if a person is in pretrial detention or is otherwise

3 being held in custody in a foreign country based

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

5 and that person is found extraditable to the United

6 States by the competent authorities of that foreign

7 country while still in the pretrial detention or cus8 tody, the Attorney General shall have the

9 authority—

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

11 that person to the United States in order to

12 face prosecution in a Federal or State criminal

13 proceeding;

14 ‘‘(B) to maintain the custody of that per15 son while the person is in the United States;

16 and

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

18 country at the conclusion of the criminal pros19 ecution, including any imposition of sentence.

20 ‘‘(2) REQUIREMENTS FOR REQUESTS BY AT21 TORNEY GENERAL.—The Attorney General shall

22 make a request under paragraph (1) only if the At23 torney General determines, after consultation with

24 the Secretary of State, that the return of that per25 son to the foreign country in question would be con-
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1 sistent with international obligations of the United

2 States.

3 ‘‘(c) AUTHORITY OF ATTORNEY GENERAL WITH RE4 SPECT TO PRETRIAL DETENTIONS.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) AUTHORITY OF ATTORNEY GEN7 ERAL.—Subject to paragraph (2) and sub8 section (d), the Attorney General shall have the

9 authority to carry out the actions described in

10 subparagraph (B), if—

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

12 or is otherwise being held in custody in the

13 United States based upon a violation of

14 Federal or State law, and that person is

15 found extraditable to a foreign country

16 while still in the pretrial detention or cus17 tody pursuant to section 3184, 3197, or

18 3198; and

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

20 Secretary of State and the Attorney Gen21 eral that the person will be surrendered.

22 ‘‘(B) ACTIONS.—If the conditions de23 scribed in subparagraph (A) are met, the Attor24 ney General shall have the authority to—
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1 ‘‘(i) temporarily transfer the person

2 described in subparagraph (A) to the for3 eign country of the foreign government re4 questing the extradition of that person in

5 order to face prosecution;

6 ‘‘(ii) transport that person from the

7 United States in custody; and

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

9 the United States from the foreign coun10 try.

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

12 person is being held in custody for a violation of

13 State law, the Attorney General may exercise the au14 thority described in paragraph (1) if the appropriate

15 State authorities give their consent to the Attorney

16 General.

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

18 General shall make a request under paragraph (1)

19 only if the Attorney General determines, after con20 sultation with the Secretary of State, that the return

21 of the person sought for extradition to the foreign

22 country of the foreign government requesting the ex23 tradition would be consistent with United States

24 international obligations.
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1 ‘‘(4) EFFECT OF TEMPORARY TRANSFER.—

2 With regard to any person in pretrial detention—

3 ‘‘(A) a temporary transfer under this sub4 section shall result in an interruption in the

5 pretrial detention status of that person; and

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

7 of confinement pursuant to section 3142(f) does

8 not extend to the right to challenge the condi9 tions of confinement in a foreign country while

10 in that foreign country temporarily under this

11 subsection.

12 ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR FIND13 ING OF WHETHER A PERSON IS EXTRADITABLE.—The

14 Attorney General may exercise the authority described in

15 subsections (b) and (c) absent a prior finding that the per16 son in custody is extraditable, if the person, any appro17 priate State authorities in a case under subsection (c), and

18 the requesting foreign government give their consent to

19 waive that requirement.

20 ‘‘(e) RETURN OF PERSONS.—

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

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

23 for the purpose of prosecution is provided for by this

24 section, that person shall be returned to the United

25 States or to the foreign country from which the per-
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1 son is transferred on completion of the proceedings

2 upon which the transfer was based.

3 ‘‘(2) STATUTORY INTERPRETATION.—In no

4 event shall the return of a person under paragraph

5 (1) require extradition proceedings.’’.

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 306 of title 18, United States Code, is amended by

8 adding at the end the following:

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

9 SEC. 102. PROHIBITING FUGITIVES FROM BENEFITING

10 FROM FUGITIVE STATUS.

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

12 States Code, is amended by adding at the end the fol13 lowing:

14 ‘‘§ 2466. Fugitive disentitlement

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

16 of the United States in furtherance of a claim in any re17 lated civil forfeiture action or a claim in third party pro18 ceedings in any related criminal forfeiture action if that

19 person—

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

21 United States;

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

23 States to submit to its jurisdiction; or
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1 ‘‘(3) otherwise evades the jurisdiction of the

2 court in which a criminal case is pending against the

3 person.’’.

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 163 of title 28, United States Code, is amended by

6 adding 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 fol17 lowing:

18 ‘‘§ 4087. Transit through the United States of persons

19 wanted in a foreign country

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

21 consultation with the Secretary of State, permit the tem22 porary transit through the United States of a person

23 wanted for prosecution or imposition of sentence in a for24 eign country.
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1 ‘‘(b) LIMITATION ON JUDICIAL REVIEW.—A deter2 mination by the Attorney General to permit or not to per3 mit a temporary transit described in subsection (a) shall

4 not be subject to judicial review.

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

6 temporary transit under subsection (a), Federal law en7 forcement personnel may hold the person subject to that

8 transit in custody during the transit of the person through

9 the United States.

10 ‘‘(d) CONDITIONS APPLICABLE TO PERSONS SUB11 JECT TO TEMPORARY TRANSIT.—Notwithstanding any

12 other provision of law, a person who is subject to a tem13 porary transit through the United States under this sec14 tion shall—

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

16 as the Attorney General shall require; and

17 ‘‘(2) not be considered to be admitted or pa18 roled into the United States.’’.

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 305 of title 18, United States Code, is amended by

21 adding at the end the following:

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

23 ‘‘(d) APPLICABILITY OF INTERNATIONAL AGREE24 MENTS.—If there is an international agreement between

25 the United States and the foreign country in which a wit-
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1 ness is being held in custody or to which the witness will

2 be transferred from the United States, that provides for

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

4 terms and conditions of that international agreement shall

5 apply. If there is no such international agreement, the At6 torney General may exercise the authority described in

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

8 the witness give their consent.’’.

9 (b) CLERICAL AMENDMENT.—The analysis for chap10 ter 223 of title 18, United States Code, is amended by

11 striking the item relating to section 3508 and inserting

12 the following:

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

13 TITLE III—ANTI-ATROCITY

14 ALIEN DEPORTATION

15 SEC. 301. INADMISSIBILITY AND REMOVABILITY OF ALIENS

16 WHO HAVE COMMITTED ACTS OF TORTURE

17 ABROAD.

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

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

20 1182(a)(3)(E)) is amended by adding at the end the fol21 lowing:

22 ‘‘(iii) COMMISSION OF ACTS OF TOR23 TURE.—Any alien who, outside the United

24 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 (as otherwise authorized by law), or

20 prosecute any alien found to be in violation of clause (i),

21 (ii), or (iii) of section 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.

Passed the Senate November 4, 1999.

Attest: GARY SISCO,

Secretary.