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:] (1) 98TH CONGRESS 1ST SESSION H. R. 2643 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 1 A BILL To amend title 18 of the United States Code with respect to extradition, and for other purposes. Be it enacted by the Senate and House of Representa 2 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: 2 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 empowered 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 fol lows through section 3195; and (5) so that the chapter heading and the table of sections at the beginning of the chapter read as follows: "CHAPTER 209-INTERSTATE RENDITION 18 "Sec. "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 jurisdiction of the United States.". SEC. 3. Title 18 of the United States Code is amended 19 by inserting after chapter 209 the following new chapter: "CHAPTER 210-INTERNATIONAL EXTRADITION 20 "Sec. "3191. General statement of requirements for extradition. "3192. Complaint and preliminary proceedings. "3193. Waiver of hearing. "3194. Hearing and order. 3 "3195. Appeal from determination after hearing. "3196. Surrender of a person to foreign state after hearing. "3197. Cooperation with transit through United States for foreign extradition. "3199. Definitions and general provisions for chapter. 1 "§ 3191. General statement of requirements for extradition 2 "The United States may extradite a person to a foreign 3 state in accordance with this chapter only if 4 5 6 7 8 9 10 "(1) there is an applicable treaty concerning extradition between the United States and such foreign state; "(2) the foreign state requests extradition in accordance with the terms of that treaty; and "(3) the appropriate court issues an order under this chapter that such person is extraditable. 11 "83192. Complaint and preliminary proceedings 12 "(a)(1) The United States district court for the district in 13 which the person sought to be extradited is found may issue 14 an order in accordance with this chapter that such person is 15 extraditable, upon a complaint filed by the Attorney General. 16 "(2) If the Attorney General has previously sought an 17 order that a person is extraditable under this chapter with 18 respect to a specific extradition request of a foreign state the 19 Attorney General may not file another complaint under this 20 section based upon the same factual allegations as a previous 21 complaint, unless the Attorney General shows good cause for 22 filing another complaint. |