I
107TH CONGRESS
1ST SESSION
H. R. 2574
To provide for increased cooperation on extradition efforts between the United
States and foreign governments, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 19, 2001
Mr. MILLER of Florida (for himself, Mr. BORSKI, Mr. TRAFICANT, Mr. GOSS,
Mr. CUNNINGHAM, Mr. BRADY of Texas, and Mr. SHAW) introduced the
following bill; which was referred to the Committee on International Rela-
tions, and in addition to the Committees on Financial Services, and the
Judiciary, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide for increased cooperation on extradition efforts
between the United States and foreign governments, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘International Extra-
dition Enforcement Act of 2001’’.
SEC. 2. ANNUAL REPORT ON EXTRADITION EFFORTS BE-
TWEEN THE UNITED STATES AND FOREIGN
GOVERNMENTS.
(a) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than January 1 of
each year, the Secretary of State, in conjunction
with the Attorney General, shall prepare and submit
to the Congress an annual report on efforts between
the United States and the governments of foreign
countries to extradite to the United States individ-
uals described in paragraph (2) during the preceding
year.
(2) INDIVIDUALS
DESCRIBED.—An individual
described in this paragraph is an individual who is
being held in custody by the government of a foreign
country (or who is otherwise known to be in the for-
eign country), and with respect to which a com-
petent authority of the United States—
(A) has charged with a major extraditable
offense described in paragraph (3);
(B) has found guilty of committing a
major extraditable offense described in para-
graph (3); or
(C) is seeking extradition in order to com-
plete a judicially pronounced penalty of depriva-
SEC. 3. SANCTIONS AGAINST FOREIGN GOVERNMENTS
THAT ARE UNCOOPERATIVE IN EXTRADITION
EFFORTS WITH THE UNITED STATES.
(a) PROHIBITION ON DEVELOPMENT AND SECURITY
ASSISTANCE.—
(1) PROHIBITION.—Development assistance and
security assistance may not be provided to a foreign
government that the President identifies under sub-
section (d) as uncooperative in extradition efforts
with the United States.
(2) DEFINITIONS.—In this subsection:
(A) 
DEVELOPMENT
ASSISTANCE.—The
term ‘‘development assistance’’ means assist-
ance under chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(B) SECURITY
ASSISTANCE.—The term
‘‘security assistance’’ means assistance under—
(i)(I) chapter 2 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2311 et seq.);
and
(II) chapter 5 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 et seq.);
and
(ii) the Arms Export Control Act (22
U.S.C. 2751 et seq.).
(b) OPPOSITION TO MULTILATERAL ASSISTANCE.—
The President shall instruct the United States Executive
Director at each international financial institution (as de-
fined in section 1701(c)(2) of the International Financial
Institutions Act) to use the voice, vote, and influence of
the United States to oppose any proposal to provide any
kind of assistance that would primarily benefit a foreign
government that the President identifies under subsection
(d) as uncooperative in extradition efforts with the United
States.
(c) DENIAL OF VISAS.—No consular officer shall
issue a visa to, and the Attorney General shall exclude
from the United States, any alien who the Secretary of
State determines is a high-ranking official of the govern-
ment of a country that the President identifies under sub-
section (d) as uncooperative in extradition efforts with the
United States.
(d) IDENTIFICATION AND REPORT.—
(1) 
IDENTIFICATION.—The 
President 
shall
identify on an annual basis those foreign govern-
ments that are uncooperative in extradition efforts
with the United States. In making an identification
with respect to a foreign government under this
paragraph, the President shall take into account in-
formation in the annual report required under sec-
tion 2 and the following:
(A) The extent to which the foreign gov-
ernment has a policy to refuse to extradite to
the United States its citizens who are charged
with, or found guilty of committing, major ex-
traditable offenses described in section 2(a)(3),
by such other countries.
(B) Whether or not the foreign govern-
ment, upon request by competent authorities of
the United States, has failed to extradite to the
United States during the preceding year 1 or
more citizens of the United States who are de-
scribed in section 2(a)(2).
(C) Whether or not the foreign govern-
ment, upon request by competent authorities of
the United States (and in accordance with sub-
section (f), if applicable), has failed to extradite
to the United States during the preceding 2-
year period 5 or more individuals (involving un-
related extradition requests) described in sec-
tion 2(a)(2).
(D) The extent to which corruption in the
foreign government jeopardizes the extradition
process of that country.
(2) REPORT.—Not later than March 1 of each
year, the President shall prepare and transmit to the
Congress a report containing a list of the foreign
governments identified under paragraph (1).
(e) WAIVER BY PRESIDENT.—
(1) WAIVER.—The President may waive the
prohibition on development assistance and security
assistance under subsection (a), the requirement to
oppose multilateral assistance under subsection (b),
or the denial of visas under subsection (c), with re-
spect to a foreign government if the President deter-
mines and certifies to the Congress that it is in the
vital national interests of the United States to do so.
(2) 
CONGRESSIONAL
REVIEW.—Notwith-
standing paragraph (1), if, not later than 60 cal-
endar days after receipt of a certification of the
President with respect to a foreign government
under paragraph (1), a joint resolution is enacted
disapproving the certification, then—
(A) funds may not be obligated or ex-
pended for development assistance or security
assistance for the foreign country in accordance
with subsection (a);
(B) the requirement to oppose multilateral
assistance under subsection (b) shall apply; and
(C) the requirement to deny visas for high-
ranking officials of the government of that
country under subsection (c) shall apply.
(f) FORMAL COMPLAINT PROCEDURES RELATING TO
DENIAL
OF EXTRADITION REQUESTS.—The Attorney
General shall establish procedures under which a com-
petent authority of a State, which is requesting extradition
of 1 or more individuals from a foreign country as de-
scribed in subsection (d)(1)(C) and with respect to which
the foreign country has failed to comply with such request,
may submit to the Attorney General a formal complaint
for purposes of determining whether or not the country
has failed to extradite to the United States during the pre-
ceding 2-year period 5 or more individuals (involving unre-
lated extradition requests) in accordance with such sub-
section (d)(1)(C).
SEC. 4. CRIMINAL PENALTIES.
(a) INCREASED PENALTY FOR FLIGHT TO AVOID
PROSECUTION.—Section 1073 of title 18, United States
Code, is amended by striking ‘‘five years’’ and inserting
‘‘15 years’’.
(b) TRANSFERS
TO PERSONS RESISTING EXTRA-
DITION.—