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Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006

Location: Washington, DC



Mr. DEAL of Georgia. Mr. Chairman, I offer an amendment.

The CHAIRMAN. The Clerk will designate the amendment.

The text of the amendment is as follows:

Amendment offered by Mr. Deal of Georgia:

Page 132, insert the following after line 13:


SEC. 583. None of the funds made available in this Act for the Department of State, other than funds provided under the heading ``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT'', may be used to provide assistance to any country with whom the United States has an extradition treaty andwhose government has notified the Department of State of its refusal to extradite to the United States any individual accused of committing a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, or a lesser term of imprisonment.

The CHAIRMAN. Pursuant to the order of the House of today, the gentleman from Georgia (Mr. Deal) and the gentleman from Arizona (Mr. Kolbe) each will control 5 minutes.

The Chair recognizes the gentleman from Georgia (Mr. Deal).

Mr. DEAL of Georgia. Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, the amendment that I have at the desk relates to the growing problem of lack of extradition of criminals who committed violent offenses in the United States and then flee across our borders and are not able to be returned by way of extradition.

This is a growing problem. It is a problem for a country such as ours that now has an estimated 11 million people illegally in our country. Mexico to our south has become a point of refuge. Many of the individuals who are committing these offenses are committing them and immediately fleeing to their home country of Mexico.

Some are not quite so quick. Some are offenses such as the one we have heard in a previous amendment as it relates to the killing of a police officer in the line of duty, but it is a growing concern for all of the citizens of the States of this country and one that I think we need to begin to point a finger at.

This amendment says that if you refuse to extradite for an offense that would have a life imprisonment or less, then if funds flow through the State Department, those funds would be withheld if they are refusing to extradite.

Let me give my colleagues a scenario. Let us assume that you have two men who rape and brutally murder a 4-year-old child. One is a citizen of the United States. The other one is a citizen of Mexico who is illegally in the country. Both flee across the border to Mexico. The district attorney or the prosecutor in the circuit indicts them, and of course, in those kind of cases, they face either life imprisonment or, in some cases, capital punishment. Mexico will extradite the United States citizen back here. They will not extradite the Mexican citizen back unless the prosecutor agrees to lower the offense to a crime that would be less than a life sentence.

Now, that is a hypothetical case. I will allude to the facts as they now exist in my community in a few minutes.

Mr. Chairman, I yield 2 minutes to the gentleman from Iowa (Mr. King), my colleague.


Mr. DEAL of Georgia. Mr. Chairman, I yield myself such time as I may consume.

The amendment specifically excludes international narcotics control, and law enforcement money would not be subject to being withheld. That answers one of the concerns of the chairman. I do not know all the countries, but I can tell you some. Mexico, no sentence of life imprisonment or greater; Costa Rica, no sentence of more than 50 years; Spain, no life sentence; Venezuela, any sentence over 30 years; and Portugal, any sentence over 20 years.

Now, I gave the hypothetical of a 4-year-old girl raped and murdered and suspects fleeing over the border. In my county, this past weekend, a 4-year-old girl, about 3 feet tall, weighing less than 40 pounds, was brutally raped and murdered. The only suspect, the chief suspect, is now thought to have fled back across to Mexico. This is an individual who was deported from the United States less than 2 years ago and now is being sought again.

There is no way that our district attorney will be able to prosecute that case unless we agree that we are going to reduce it to substantially less than an American citizen would be charged with under the same circumstances.

I withdrew an amendment very similar to this last year in deference to the chairman and upon the assurances that the State Department would work to change the situation as it relates to Mexico. There has been no change.

Mr. Chairman, they may say that they are proud of extraditing 30 individuals last year to the United States, but in any district attorney's office in Southern California alone, they can tell you of hundreds of murder cases where extradition has not been achieved. And so I urge the adoption of the amendment.


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