Home > 106th Congressional Bills > S. 1754 (rs) To deny safe havens to international and war criminals, and for other purposes. [Reported in Senate] ...S. 1754 (rs) To deny safe havens to international and war criminals, and for other purposes. [Reported in Senate] ...
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.
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.--
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