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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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