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CONTENTS

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April 28, 1983.

May 5, 1983 .........

WITNESSES

Halperin, Morton, director, Center for National Security Studies ............
Helton, Arthur, director, political asylum project, Lawyers Committee for

International Human Rights ...

Letter from, dated May 23, 1983, to Hon. William J. Hughes....

Letter from, dated September 28, 1983, to selected Members of Congress ...

Prepared statements ............

Lubet, Steven, professor of law, Northwestern University .............

Letter from, dated May 16, 1983, to Virginia Sloan ........

Letter from, dated August 23, 1983, to Virginia Sloan .....................

Prepared statement .......

McGovern, Daniel W., Deputy Legal Adviser, Department of State ....................

Prepared statement ........

Olsen, Roger, Deputy Assistant Attorney General, Criminal Division, Depart-

ment of Justice ....

Prepared statement.

Palermo, Hon. Peter, magistrate, Southern District of Florida.

Letter from, dated May 16, 1983, to Hon. William J. Hughes.....

Solf, Waldemar A., adjunct professor of law, Washington College of Law,

American University .........

Prepared statement .....

ADDITIONAL MATERIAL

Bassiouni, M. Cherif, professor of law, DePaul University, letter from, dated

July 18, 1983, to Virginia E. Sloan .......

Goodman, William M., attorney, Topel & Goodman:

Letter from, dated May 2, 1983, to Hon. William J. Hughes...........................
Letter from, dated May 31, 1983, to Hon. William J. Hughes....

Prepared statement, summary ....
Granting of bail to fugitives arrested in the United States for extradition to

foreign countries: 1980-82 (table)......
Hughes, Hon. William J., a U.S. Representative in Congress from the State of

New Jersey, prepared statement..
Jabara, Abdeen M., attorney, Jabara, Fadel, Saleh & Abrahim, letter from,

dated May 25, 1983, to Hon. William J. Hughes.
Neukom, William H., secretary, American Bar Association, letter from, date

August 17, 1983, to Hon. Peter W. Rodino, Jr.........

“The 1983 Extradition Act: Legislative History and Critical Appraisal” (arti-

cle), by M. Cherif Bassiouni ............

Text of H.R. 2643..........

Watkins, Ralph, legislative associate, Church of the Brethren, letter from,

dated August 19, 1983, to Dear Representative.....

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REFORM OF THE EXTRADITION LAWS OF THE

UNITED STATES

THURSDAY, APRIL 28, 1983

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON CRIME
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to call, at 1:50 p.m., in room 2237, Rayburn House Office Building, Hon. William J. Hughes (chairman of the subcommittee) presiding.

Present: Representatives Hughes, Smith, and Sawyer.

Staff present: Hayden W. Gregory, chief counsel; Virginia E. Sloan, assistant counsel; and Charlene Vanlier, associate counsel. Mr. HUGHES. The Subcommittee on Crime will come to order.

Today the Subcommittee on Crime will hold its first hearing on H.R. 2643, a bill to reform the extradition laws of the United States. The bill is similar to the one I introduced in the last Congress, along with my colleague, Hal Sawyer of Michigan, which was reported by the full Judiciary Committee for consideration by the full House.

Unfortunately, with the press of business during the postelection session of the last Congress, the bill was not able to be considered on the floor. We must, therefore, begin anew our efforts to modernize the extradition laws.

I think it is universally agreed that these laws need to be modernized. H.R. 2643 represents the first comprehensive reform of the extradition laws in over a century. It attempts to meet the concern that our current laws are not sufficient to meet the challenges of transnational crime, and that significant legal and practical problems exist under the current structure. H.R. 2643 is an attempt to improve and modernize current law, while at the same time to retain the basic structure of current law.

The bill, H.R. 2643, follows:

88TH CONGRESS H. R. 2643

98TH CONGRESS

1ST SESSION

To amend title 18 of the United States Code with respect to extradition, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1983 Mr. HUGHES (for himself and Mr. SAWYER) introduced the following bill; which

was referred to the Committee on the Judiciary

A BILL

To amend title 18 of the United States Code with respect to

extradition, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Extradition Act of 1983”. 4 SEC. 2. Chapter 209 of title 18 of the United States 5 Code is amended

(1) by striking out section 3181 and inserting in

lieu thereof the following:

1 “8 3181. Payment of fees and costs 2 “All costs or expenses incurred in any proceeding under 3 this chapter in apprehending, securing, and transmitting a 4 fugitive shall be paid by the demanding authority.";

(2) in section 3182, by adding at the end the following: “An agent appointed as provided in this section who receives the fugitive into custody is empow

ered to transport the fugitive to the State or Territory from which the fugitive fled.";

(3) by striking out “or the Panama Canal Zone”

in the first sentence of section 3182;

(4) by striking out section 3184 and all that follows through section 3195; and

(5) so that the chapter heading and the table of

sections at the beginning of the chapter read as follows:

16

CHAPTER 209-INTERSTATE RENDITION

"SECO1. Payment ofrom State of Territory, or, posse

“3181. Payment of fees and costs.
"3182. Fugitives from State or Territory to State, District or Territory.
"3183. Fugitives from State, Territory, or possession into extraterritorial jurisdic-

tion of the United States.".

18

SEC. 3. Title 18 of the United States Code is amended

19 by inserting after chapter 209 the following new chapter: 20 “CHAPTER 210—INTERNATIONAL EXTRADITION

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