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                                                       Calendar No. 344

106th CONGRESS

  1st Session

                                S. 1754

_______________________________________________________________________

                                 A BILL

 To deny safe havens to international and war criminals, and for other 
                               purposes.

_______________________________________________________________________

                            October 25, 1999

                       Reported with an amendment





                                                       Calendar No. 344
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

                            October 25, 1999

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Denying 
Safe Havens to International and War Criminals Act of 1999''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
    <DELETED>TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

<DELETED>Sec. 101. Extradition for offenses not covered by a list 
                            treaty.
<DELETED>Sec. 102. Technical and conforming amendments.
<DELETED>Sec. 103. Temporary transfer of persons in custody for 
                            prosecution.
<DELETED>Sec. 104. Prohibiting fugitives from benefiting from fugitive 
                            status.
<DELETED>Sec. 105. Transfer of foreign prisoners to serve sentences in 
                            country of origin.
<DELETED>Sec. 106. Transit of fugitives for prosecution in foreign 
                            countries.
 <DELETED>TITLE II--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST 
                          INTERNATIONAL CRIME

<DELETED>Sec. 201. Streamlined procedures for execution of MLAT 
                            requests.
<DELETED>Sec. 202. Temporary transfer of incarcerated witnesses.
          <DELETED>TITLE III--ANTI-ATROCITY ALIEN DEPORTATION

<DELETED>Sec. 301. Inadmissibility and removability of aliens who have 
                            committed acts of torture abroad.
<DELETED>Sec. 302. Establishment of the Office of Special 
                            Investigations.

        <DELETED>TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL 
                          CRIMINALS</DELETED>

<DELETED>SEC. 101. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST 
              TREATY.</DELETED>

<DELETED>    Chapter 209 of title 18, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>``Sec. 3197. Extradition for offenses not covered by a list 
              treaty</DELETED>
<DELETED>    ``(a) Serious Offense Defined.--In this section, the term 
`serious offense' means conduct that would be--</DELETED>
        <DELETED>    ``(1) an offense described in any multilateral 
        treaty to which the United States is a party that obligates 
        parties--</DELETED>
                <DELETED>    ``(A) to extradite alleged offenders found 
                in the territory of the parties; or</DELETED>
                <DELETED>    ``(B) submit the case to the competent 
                authorities of the parties for prosecution; 
                or</DELETED>
        <DELETED>    ``(2) conduct that, if that conduct occurred in 
        the United States, would constitute--</DELETED>
                <DELETED>    ``(A) a crime of violence (as defined in 
                section 16);</DELETED>
                <DELETED>    ``(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));</DELETED>
                <DELETED>    ``(C) bribery of a public official or 
                misappropriation, embezzlement, or theft of public 
                funds by or for the benefit of a public 
                official;</DELETED>
                <DELETED>    ``(D) obstruction of justice, including 
                payment of bribes to jurors or witnesses;</DELETED>
                <DELETED>    ``(E) the laundering of monetary 
                instruments, as described in section 1956, if the value 
                of the monetary instruments involved exceeds 
                $100,000;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(G) counterfeiting, if the obligations, 
                securities, or other items counterfeited have an 
                apparent value that exceeds $100,000;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(I) a crime against children under 
                chapter 109A or section 2251, 2251A, 2252, or 
                2252A.</DELETED>
<DELETED>    ``(b) Authorization of Filing.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Filing of complaints.--</DELETED>
                <DELETED>    ``(A) In general.--A complaint authorized 
                under paragraph (1) shall be filed pursuant to section 
                3184.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Criteria for Authorization of Complaints.--
</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General may 
        authorize the filing of a complaint under subsection (b) only 
        upon a certification--</DELETED>
                <DELETED>    ``(A) by the Attorney General, that in the 
                judgment of the Attorney General--</DELETED>
                        <DELETED>    ``(i) the offense for which 
                        extradition is sought is a serious offense; 
                        and</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Cases of Urgency.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Filing and effect of filing of complaints.--
        </DELETED>
                <DELETED>    ``(A) In general.--A complaint authorized 
                under this subsection shall be filed in the same manner 
                as provided in section 3184.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Conditions of Surrender; Assurances.--</DELETED>
        <DELETED>    ``(1) In general.--Before issuing a warrant of 
        surrender under section 3184 or 3186, the Secretary of State 
        may--</DELETED>
                <DELETED>    ``(A) impose conditions upon the surrender 
                of the person that is the subject of the warrant; 
                and</DELETED>
                <DELETED>    ``(B) require those assurances of 
                compliance with those conditions as are determined by 
                the Secretary to be appropriate.</DELETED>
        <DELETED>    ``(2) Additional assurances.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 102. TECHNICAL AND CONFORMING AMENDMENTS.</DELETED>

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

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

<DELETED>SEC. 103. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR 
              PROSECUTION.</DELETED>

<DELETED>    (a) In General.--Chapter 306 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 4116. Temporary transfer for prosecution</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Authority of Attorney General With Respect to 
Temporary Transfers.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) to maintain the custody of that 
                person while the person is in the United States; 
                and</DELETED>
                <DELETED>    ``(C) to return that person to the foreign 
                country at the conclusion of the criminal prosecution, 
                including any imposition of sentence.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Authority of Attorney General With Respect to 

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