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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1754 Introduced in Senate (IS)]

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.

    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. 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.

        TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

SEC. 101. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST TREATY.

    Chapter 209 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 3197. Extradition for offenses not covered by a list treaty
    ``(a) Serious Offense Defined.--In this section, the term `serious 
offense' means conduct that would be--
            ``(1) an offense described in any multilateral treaty to 
        which the United States is a party that obligates parties--
                    ``(A) to extradite alleged offenders found in the 
                territory of the parties; or
                    ``(B) submit the case to the competent authorities 
                of the parties for prosecution; or
            ``(2) conduct that, if that conduct occurred in the United 
        States, would constitute--
                    ``(A) a crime of violence (as defined in section 
                16);
                    ``(B) the distribution, manufacture, importation, 
                or exportation of a controlled substance (as defined in 
                section 201 of the Controlled Substances Act (21 U.S.C. 
                802));
                    ``(C) bribery of a public official or 
                misappropriation, embezzlement, or theft of public 
                funds by or for the benefit of a public official;
                    ``(D) obstruction of justice, including payment of 
                bribes to jurors or witnesses;
                    ``(E) the laundering of monetary instruments, as 
                described in section 1956, if the value of the monetary 
                instruments involved exceeds $100,000;
                    ``(F) fraud, theft, embezzlement, or commercial 
                bribery if the aggregate value of property that is the 
                object of all of the offenses related to the conduct 
                exceeds $100,000;
                    ``(G) counterfeiting, if the obligations, 
                securities, or other items counterfeited have an 
                apparent value that exceeds $100,000;
                    ``(H) a conspiracy or attempt to commit any of the 
                offenses described in any of subparagraphs (A) through 
                (G), or aiding and abetting a person who commits any 
                such offense; or
                    ``(I) a crime against children under chapter 109A 
                or section 2251, 2251A, 2252, or 2252A.
    ``(b) Authorization of Filing.--
            ``(1) In general.--If a foreign government makes a request 
        for the extradition of a person who is charged with or has been 
        convicted of an offense within the jurisdiction of that foreign 
        government, and an extradition treaty between the United States 
        and the foreign government is in force, but the treaty does not 
        provide for extradition for the offense with which the person 
        has been charged or for which the person has been convicted, 
        the Attorney General may authorize the filing of a complaint 
        for extradition pursuant to subsections (c) and (d).
            ``(2) Filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                paragraph (1) shall be filed pursuant to section 3184.
                    ``(B) Procedures.--With respect to a complaint 
                filed under paragraph (1), the procedures contained in 
                sections 3184 and 3186 and the terms of the relevant 
                extradition treaty shall apply as if the offense were a 
                crime provided for by the treaty, in a manner 
                consistent with section 3184.
    ``(c) Criteria for Authorization of Complaints.--
            ``(1) In general.--The Attorney General may authorize the 
        filing of a complaint under subsection (b) only upon a 
        certification--
                    ``(A) by the Attorney General, that in the judgment 
                of the Attorney General--
                            ``(i) the offense for which extradition is 
                        sought is a serious offense; and
                            ``(ii) submission of the extradition 
                        request would be important to the law 
                        enforcement interests of the United States or 
                        otherwise in the interests of justice; and
                    ``(B) by the Secretary of State, that in the 
                judgment of the Secretary of State, submission of the 
                request would be consistent with the foreign policy 
                interests of the United States.
            ``(2) Factors for consideration.--In making any 
        certification under paragraph (1)(B), the Secretary of State 
        may consider whether the facts and circumstances of the request 
then known appear likely to present any significant impediment to the 
ultimate surrender of the person who is the subject of the request for 
extradition, if that person is found to be extraditable.
    ``(d) Cases of Urgency.--
            ``(1) In general.--In any case of urgency, the Attorney 
        General may, with the concurrence of the Secretary of State and 
        before any formal certification under subsection (c), authorize 
        the filing of a complaint seeking the provisional arrest and 
        detention of the person sought for extradition before the 
        receipt of documents or other proof in support of the request 
        for extradition.
            ``(2) Applicability of relevant treaty.--With respect to a 
        case described in paragraph (1), a provision regarding 
        provisional arrest in the relevant treaty shall apply.
            ``(3) Filing and effect of filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                this subsection shall be filed in the same manner as 
                provided in section 3184.
                    ``(B) Issuance of orders.--Upon the filing of a 
                complaint under this subsection, the appropriate 
                judicial officer may issue an order for the provisional 
                arrest and detention of the person as provided in 
                section 3184.
    ``(e) Conditions of Surrender; Assurances.--
            ``(1) In general.--Before issuing a warrant of surrender 
        under section 3184 or 3186, the Secretary of State may--
                    ``(A) impose conditions upon the surrender of the 
                person that is the subject of the warrant; and
                    ``(B) require those assurances of compliance with 
                those conditions as are determined by the Secretary to 
                be appropriate.
            ``(2) Additional assurances.--
                    ``(A) In general.--In addition to imposing 
                conditions and requiring assurances under paragraph 
                (1), the Secretary of State shall demand, as a 
                condition of the extradition of the person in every 
                case, an assurance described in subparagraph (B) that 
                the Secretary determines to be satisfactory.
                    ``(B) Description of assurances.--An assurance 
                described in this subparagraph is an assurance that the 
                person that is sought for extradition shall not be 
                tried or punished for an offense other than that for 
                which the person has been extradited, absent the 
                consent of the United States.''.

SEC. 102. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--Chapter 209 of title 18, United States Code, is 
amended--
            (1) in section 3181, by inserting ``, other than sections 
        3197 and 3198,'' after ``The provisions of this chapter'' each 
        place that term appears; and
            (2) in section 3186, by striking ``or 3185'' and inserting 
        ``, 3185, 3197, or 3198''.
    (b) Clerical Amendment.--The analysis for chapter 209 of title 18, 
United States Code, is amended by adding at the end the following:

``3197. Extradition for offenses not covered by a list treaty.
``3198. Extradition absent a treaty.''.

SEC. 103. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION.

    (a) In General.--Chapter 306 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4116. Temporary transfer for prosecution
    ``(a) State Defined.--In this section, the term `State' includes a 
State of the United States, the District of Columbia, and a 
commonwealth, territory, or possession of the United States.
    ``(b) Authority of Attorney General With Respect to Temporary 
Transfers.--
            ``(1) In general.--Subject to subsection (d), if a person 
        is in pretrial detention or is otherwise being held in custody 
        in a foreign country based upon a violation of the law in that 
        foreign country, and that person is found extraditable to the 
        United States by the competent authorities of that foreign 
        country while still in the pretrial detention or custody, the 
        Attorney General shall have the authority--
                    ``(A) to request the temporary transfer of that 
                person to the United States in order to face 
                prosecution in a Federal or State criminal proceeding;
                    ``(B) to maintain the custody of that person while 
                the person is in the United States; and
                    ``(C) to return that person to the foreign country 
                at the conclusion of the criminal prosecution, 
                including any imposition of sentence.
            ``(2) Requirements for requests by attorney general.--The 
        Attorney General shall make a request under paragraph (1) only 
        if the Attorney General determines, after consultation with the 
        Secretary of State, that the return of that person to the 
        foreign country in question would be consistent with 
        international obligations of the United States.
    ``(c) Authority of Attorney General With Respect to Pretrial 
Detentions.--
            ``(1) In general.--
                    ``(A) Authority of attorney general.--Subject to 
                paragraph (2) and subsection (d), the Attorney General 
                shall have the authority to carry out the actions 
                described in subparagraph (B), if--
                            ``(i) a person is in pretrial detention or 
                        is otherwise being held in custody in the 
                        United States based upon a violation of Federal 
                        or State law, and that person is found 
                        extraditable to a foreign country while still 
                        in the pretrial detention or custody pursuant 
                        to section 3184, 3197, or 3198; and
                            ``(ii) a determination is made by the 
                        Secretary of State and the Attorney General 
                        that the person will be surrendered.
                    ``(B) Actions.--If the conditions described in 
                subparagraph (A) are met, the Attorney General shall 
                have the authority to--
                            ``(i) temporarily transfer the person 
                        described in subparagraph (A) to the foreign 
                        country of the foreign government requesting 
                        the extradition of that person in order to face 
                        prosecution;
                            ``(ii) transport that person from the 
                        United States in custody; and
                            ``(iii) return that person in custody to 
                        the United States from the foreign country.
            ``(2) Consent by state authorities.--If the person is being 
        held in custody for a violation of State law, the Attorney 
        General may exercise the authority described in paragraph (1) 
        if the appropriate State authorities give their consent to the 
        Attorney General.
            ``(3) Criterion for request.--The Attorney General shall 
        make a request under paragraph (1) only if the Attorney General 
        determines, after consultation with the Secretary of State, 
        that the return of the person sought for extradition to the 
        foreign country of the foreign government requesting the 
        extradition would be consistent with United States 
        international obligations.
            ``(4) Effect of temporary transfer.--With regard to any 
        person in pretrial detention--
                    ``(A) a temporary transfer under this subsection 
                shall result in an interruption in the pretrial 
                detention status of that person; and
                    ``(B) the right to challenge the conditions of 
                confinement pursuant to section 3142(f) does not extend 
                to the right to challenge the conditions of confinement 
                in a foreign country while in that foreign country 
                temporarily under this subsection.
    ``(d) Consent by Parties To Waive Prior Finding of Whether a Person 
Is Extraditable.--The Attorney General may exercise the authority 
described in subsections (b) and (c) absent a prior finding that the 
person in custody is extraditable, if the person, any appropriate State 
authorities in a case under subsection (c), and the requesting foreign 
government give their consent to waive that requirement.
    ``(e) Return of Persons.--
            ``(1) In general.--If the temporary transfer to or from the 
        United States of a person in custody for the purpose of 
        prosecution is provided for by this section, that person shall 
        be returned to the United States or to the foreign country from 
        which the person is transferred on completion of the 
        proceedings upon which the transfer was based.
            ``(2) Statutory interpretation with respect to immigration 
        laws.--In no event shall the return of a person under paragraph 
        (1) require extradition proceedings or proceedings under the 
        immigration laws.
            ``(3) Certain rights and remedies barred.--Notwithstanding 
        any other provision of law, a person temporarily transferred to 
        the United States pursuant to this section shall not be 
        entitled to apply for or obtain any right or remedy under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
        including the right to apply for or be granted asylum or 
        withholding of deportation.''.
    (b) Clerical Amendment.--The analysis for chapter 306 of title 18, 
United States Code, is amended by adding at the end the following:

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

SEC. 104. 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. 105. 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. 106. 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;
            ``(2) not be considered to be admitted or paroled into the 
        United States; and
            ``(3) not be entitled to apply for or obtain any right or 
        remedy under the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.), including the right to apply for or be granted asylum 
        or withholding of deportation.''.
    (b) Clerical Amendment.--The analysis for chapter 305 of title 18, 
United States Code, is amended by adding at the end the following:

``4087. Transit through the United States of persons wanted in a 
                            foreign country.''.

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

SEC. 201. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS.

    (a) In General.--Chapter 117 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1785. Assistance to foreign authorities
    ``(a) In General.--
            ``(1) Presentation of requests.--The Attorney General may 
        present a request made by a foreign government for assistance 
        with respect to a foreign investigation, prosecution, or 
        proceeding regarding a criminal matter pursuant to a treaty, 
        convention, or executive agreement for mutual legal assistance 
        between the United States and that government or in accordance 
        with section 1782, the execution of which requires or appears 
        to require the use of compulsory measures in more than 1 
        judicial district, to a judge or judge magistrate of--
                    ``(A) any 1 of the districts in which persons who 
                may be required to appear to testify or produce 
                evidence or information reside or are found, or in 
                which evidence or information to be produced is 
                located; or
                    ``(B) the United States District Court for the 
                District of Columbia.
            ``(2) Authority of court.--A judge or judge magistrate to 
        whom a request for assistance is presented under paragraph (1) 
        shall have the authority to issue those orders necessary to 
        execute the request including orders appointing a person to 
        direct the taking of testimony or statements and the production 
        of evidence or information, of whatever nature and in whatever 
        form, in execution of the request.
    ``(b) Authority of Appointed Persons.--A person appointed under 
subsection (a)(2) shall have the authority to--
            ``(1) issue orders for the taking of testimony or 
        statements and the production of evidence or information, which 
        orders may be served at any place within the United States;
            ``(2) administer any necessary oath; and
            ``(3) take testimony or statements and receive evidence and 
        information.
    ``(c) Persons Ordered To Appear.--A person ordered pursuant to 
subsection (b)(1) to appear outside the district in which that person 
resides or is found may, not later than 10 days after receipt of the 
order--
            ``(1) file with the judge or judge magistrate who 
        authorized execution of the request a motion to appear in the 
        district in which that person resides or is found or in which 
        the evidence or information is located; or
            ``(2) provide written notice, requesting appearance in the 
        district in which the person resides or is found or in which 
        the evidence or information is located, to the person issuing 
        the order to appear, who shall advise the judge or judge 
        magistrate authorizing execution.
    ``(d) Transfer of Requests.--
            ``(1) In general.--The judge or judge magistrate may 
        transfer a request under subsection (c), or that portion 
        requiring the appearance of that person, to the other district 
        if--
                    ``(A) the inconvenience to the person is 
                substantial; and
                    ``(B) the transfer is unlikely to adversely affect 
                the effective or timely execution of the request or a 
                portion thereof.
            ``(2) Execution.--Upon transfer, the judge or judge 
        magistrate to whom the request or a portion thereof is 
        transferred shall complete its execution in accordance with 
        subsections (a) and (b).''.
    (b) Clerical Amendment.--The analysis for chapter 117 of title 28, 
United States Code, is amended by adding at the end the following:

``1785. Assistance to foreign authorities.''.

SEC. 202. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.

    (a) In General.--Section 3508 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 3508. Temporary transfer of witnesses in custody'';
            (2) in subsection (a), by inserting ``In General.--'' after 
        ``(a)''; and
            (3) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Transfer Authority.--
            ``(1) In general.--If the testimony of a person who is 
        serving a sentence, in pretrial detention, or otherwise being 
        held in custody in the United States, is needed in a foreign 
        criminal proceeding, the Attorney General shall have the 
        authority to--
                    ``(A) temporarily transfer that person to the 
                foreign country for the purpose of giving the 
                testimony;
                    ``(B) transport that person from the United States 
                in custody;
                    ``(C) make appropriate arrangements for custody for 
                that person while outside the United States; and
                    ``(D) return that person in custody to the United 
                States from the foreign country.
            ``(2) Persons held for state law violations.--If the person 
        is being held in custody for a violation of State law, the 
        Attorney General may exercise the authority described in this 
        subsection if the appropriate State authorities give their 
        consent.
    ``(c) Return of Persons Transferred.--
            ``(1) In general.--If the transfer to or from the United 
        States of a person in custody for the purpose of giving 
        testimony is provided for by treaty or convention, by this 
        section, or both, that person shall be returned to the United 
        States, or to the foreign country from which the person is 
        transferred.
            ``(2) Limitation.--In no event shall the return of a person 
        under this subsection require any request for extradition or 
        extradition proceedings, or require that person to be subject 
        to deportation or exclusion proceedings under the laws of the 
        United States, or the foreign country from which the person is 
        transferred.
    ``(d) Applicability of International Agreements.--If there is an 
international agreement between the United States and the foreign 
country in which a witness is being held in custody or to which the 
witness will be transferred from the United States, that provides for 
the transfer, custody, and return of those witnesses, the terms and 
conditions of that international agreement shall apply. If there is no 
such international agreement, the Attorney General may exercise the 
authority described in subsections (a) and (b) if both the foreign 
country and the witness give their consent.
    ``(e) Rights of Persons Transferred.--
            ``(1) Notwithstanding any other provision of law, a person 
        held in custody in a foreign country who is transferred to the 
        United States pursuant to this section for the purpose of 
        giving testimony--
                    ``(A) shall not by reason of that transfer, during 
                the period that person is present in the United States 
                pursuant to that transfer, be entitled to apply for or 
                obtain any right or remedy under the Immigration and 
                Nationality Act, including the right to apply for or be 
                granted asylum or withholding of deportation or any 
                right to remain in the United States under any other 
                law; and
                    ``(B) may be summarily removed from the United 
                States upon order of the Attorney General.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to create any substantive or procedural right or 
        benefit to remain in the United States that is legally 
        enforceable in a court of law of the United States or of a 
        State by any party against the United States or its agencies or 
        officers.
    ``(f) Consistency With International Obligations.--The Attorney 
General shall not take any action under this section to transfer or 
return a person to a foreign country unless the Attorney General 
determines, after consultation with the Secretary of State, that 
transfer or return would be consistent with the international 
obligations of the United States. A determination by the Attorney 
General under this subsection shall not be subject to judicial review 
by any court.''.
    (b) Clerical Amendment.--The analysis for chapter 223 of title 18, 
United States Code, is amended by striking the item relating to section 
3508 and inserting the following:

``3508. Temporary transfer of witnesses in custody.''.

               TITLE III--ANTI-ATROCITY ALIEN DEPORTATION

SEC. 301. INADMISSIBILITY AND REMOVABILITY OF ALIENS WHO HAVE COMMITTED 
              ACTS OF TORTURE ABROAD.

    (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended by adding at the 
end the following:
                            ``(iii) Commission of acts of torture.--Any 
                        alien who, outside the United States, has 
                        committed any act of torture, as defined in 
                        section 2340 of title 18, United States Code, 
                        is inadmissible.''.
    (b) Removability.--Section 237(a)(4)(D) of that Act (8 U.S.C. 
1227(a)(4)(D)) is amended by striking ``clause (i) or (ii)'' and 
inserting ``clause (i), (ii), or (iii)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to offenses committed before, on, or after the date of enactment 
of this Act.

SEC. 302. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.

    (a) Amendment of the Immigration and Nationality Act.--Section 103 
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by 
adding at the end the following:
    ``(g) The Attorney General shall establish within the Criminal 
Division of the Department of Justice an Office of Special 
Investigations with the authority of investigating, and, where 
appropriate, taking legal action to remove, denaturalize, or prosecute 
any alien found to be in violation of clause (i), (ii), or (iii) of 
section 212(a)(3)(E).''.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Department of Justice for 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.
                                 <all>
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