Summary: S.1754 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (11/04/1999)

Denying Safe Havens to International and War Criminals Act of 1999 - Title I: Denying Safe Havens to International Criminals - Amends the Federal criminal code to grant the Attorney General authority, with respect to a person being held in custody in a foreign country based upon a violation of the law in that country, where the person is found extraditable to the United States by competent authorities of that country, to: (1) request the temporary transfer of that person to the United States to face prosecution in a Federal or State criminal proceeding; (2) maintain the custody of that person while in the United States; and (3) return that person to the foreign country at the conclusion of the criminal prosecution, including any imposition of sentence.

(Sec. 102) Amends the Federal judicial code to prohibit a person from using 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 U.S. jurisdiction; (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.

(Sec. 103) Makes inapplicable a provision permitting an offender to be transferred from the United States to a country of which the offender is a citizen or national when otherwise provided by treaty.

(Sec. 104) Authorizes the Attorney General to permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country.

Title II: Promoting Global Cooperation in the Fight Against International Crime - Amends the Federal judicial code to authorize the Attorney General to present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter the execution of which requires the use of compulsory measures in more than one judicial district, to a judge or judge magistrate of any one of such districts or of the U.S. District Court for the District of Columbia. Grants such judge or magistrate the authority to issue orders to execute the request.

(Sec. 202) Revises Federal criminal code provisions regarding custody and return of foreign witnesses to grant the Attorney General the authority, if testimony of a person serving a sentence, in pretrial detention, or otherwise being held in custody in the United States is needed in a foreign criminal proceeding, to: (1) temporarily transfer that person to the foreign country for the purpose of giving testimony; (2) transport that person from the United States in custody; (3) make appropriate arrangements for custody for that person while outside the United States; and (4) return that person in custody to the United States from the foreign country. Allows the Attorney General to exercise such authority over persons held in custody for a State law violation if the appropriate State authorities consent.

Title III: Anti-Atrocity Alien Deportation - Amends the Immigration and Nationality Act to provide for the inadmissibility and removability of aliens who have committed acts of torture abroad.

(Sec. 302) Directs the Attorney General to establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and remove, denaturalize, or prosecute alien participants of Nazi persecutions, genocide, or torture abroad. Authorizes appropriations.