[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1091 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1091

               To control international organized crime.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 1993

   Mr. Roth introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
               To control international organized crime.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Organized Crime 
Control Act of 1993''.

SEC. 2. INTERNATIONAL ORGANIZED CRIME CONTROL.

    Part I of the Foreign Assistance Act of 1961 is amended by 
inserting after chapter 7 the following new chapter:

          ``CHAPTER 7A--INTERNATIONAL ORGANIZED CRIME CONTROL

``SEC. 471. INTERNATIONAL ORGANIZED CRIME CONTROL.

    ``(a) Statement of Congressional Purposes and Goals.--(1) It is the 
sense of the Congress that--
            ``(A) suppression of international organized crime is an 
        important foreign policy objective of the United States; and
            ``(B) effective international cooperation is necessary to 
        control the international activities conducted by organized 
        criminal groups.
    ``(2) In order to promote such cooperation, the President is 
authorized to conclude agreements with other countries to facilitate 
control of the international operations of organized criminal groups.
    ``(3) In order to promote international cooperation in combating 
international organized crime control, it shall be the policy of the 
United States to use its voice and vote in multilateral development 
banks to promote the development and implementation of programs for the 
reduction and eventual eradication of international organized crime.
    ``(4) Notwithstanding any other provision of law, the President is 
authorized to furnish assistance to any country or international 
organization, or such terms and conditions as he may determine, for the 
control of international organized crime.
    ``(b) Mid-Year Report.--Not later than September 1 of each year, 
the President shall transmit to the Speaker of the House of 
Representatives, and to the Committee on Foreign Relations of the 
Senate, a complete and detailed mid-year report on the activities and 
operations carried out under this chapter before such date. Such 
midyear report shall include, but not be limited to, the status of each 
agreement concluded before such date with other countries to carry out 
the purposes of this chapter.
    ``(c) Participation in Foreign Police Actions.--
            ``(1) Prohibition on effecting an arrest.--No officer or 
        employee of the United States may directly effect an arrest in 
        any foreign country as part of any foreign police action with 
        respect to efforts to control international organized crime, 
        notwithstanding any other provision of law.
            ``(2) Participation in arrest actions.--Paragraph (1) does 
        not prohibit an officer or employee of the United States, with 
        the approval of the United States chief of mission, from being 
        present when foreign officers are effecting an arrest or from 
        assisting foreign officers who are effecting an arrest.
            ``(3) Exception for exigent, threatening circumstances.--
        Paragraph (1) does not prohibit an officer or employee from 
        taking direct action to protect life or safety if exigent 
        circumstances arise which are unanticipated and which pose an 
        immediate threat to United States officers or employees, 
        officers or employees of a foreign government, or members of 
        the public.
            ``(4) Exception for maritime law enforcement.--With the 
        agreement of a foreign country, paragraph (1) does not apply 
        with respect to maritime law enforcement operations in the 
        territorial sea of that country.
            ``(5) Interrogations.--No officer or employee of the United 
        States may interrogate or be present during the interrogation 
        of any United States person arrested in any foreign country 
        with respect to efforts to control international organized 
        crime without the written consent of such person.
            ``(6) Exception for status of forces arrangements.--This 
        subsection does not apply to the activities of the United 
        States Armed Forces in carrying out their responsibilities 
        under applicable Status of Forces Arrangements.
    ``(d) Reporting Requirements.--(1) Not later than March 1 of each 
year, the President shall transmit to the Speaker of the House of 
Representatives, and to the Committee on Foreign Relations of the 
Senate, a report on United States policy to control international 
organized crime to establish and encourage an international strategy. 
This international strategy should also be designed to prosecute and 
eliminate organized criminal groups involved in international criminal 
activity, including, but not limited to, narcotics trafficking, money 
laundering, alien smuggling, immigration fraud, counterfeiting, 
extortion, robbery, bribery, theft, kidnaping or murder.
    ``(2)(A) Each report pursuant to this subsection shall describe the 
policies adopted, agreements concluded, and programs implemented by the 
Department of State in pursuit of its delegated responsibilities for 
international organized crime control, including policy development, 
bilateral and multilateral funding and other support for international 
narcotics control projects, representations of the United States 
Government to international organizations and agencies concerned with 
international organized crime control, training of foreign enforcement 
personnel, coordination of the international organized crime control 
activities of United States Government agencies, and technical 
assistance.
    ``(B) Each such report shall also describe the activities of the 
United States in international financial institutions to combat the 
entry of international organized crime into the United States.
    ``(C) Each such report shall describe the activities for the fiscal 
year just ended, for the current fiscal year, and for the next fiscal 
year.
    ``(3) Each such report shall identify those countries in which 
organized criminal groups with operations significantly affecting the 
United States are located or have a significant presence. For each such 
country, each report shall include the following:
            ``(A) A detailed status report, with such information as 
        can be reliably obtained, on the organized criminal groups 
        located in such country which have some membership in or 
        extension of operations to the United States, estimating the 
        size of group membership in such country and the United States 
        and discussing the criminal activities being perpetrated in 
        such country and the United States.
            ``(B) A description of the assistance under part I of this 
        Act and the other kinds of United States assistance which such 
        country received in the preceding fiscal year, which are 
        planned for such country for the current fiscal year, and which 
        are proposed for such country for the next fiscal year, with an 
        analysis of the impact that the furnishing of each such kind of 
        assistance has had or is expected to have on the control and 
        prosecution of organized criminal groups with operations 
        significantly affecting the United States.
            ``(C) A description of the plans, programs, and timetables 
        adopted by such country for the progressive prosecution and 
        elimination of organized criminal groups with operations 
        significantly affecting the United States.
            ``(D) A discussion of the extent to which such country has 
        cooperated with the United States organized crime control 
        efforts through the extradition or prosecution of international 
        organized criminals, and, where appropriate, a description of 
        the status of negotiations with such country to negotiate a new 
        or updated extradition treaty relating to international 
        organized crime offenses.
    ``(4) Each report pursuant to this subsection shall describe the 
involvement of any foreign government (including any Communist 
government) in international organized criminal activities during the 
preceding fiscal year, including--
            ``(A) any direct or indirect involvement of such government 
        (or any official thereof) in international organized criminal 
        activity, including, but not limited to, narcotics trafficking, 
        money laundering, alien smuggling, immigration fraud, 
        counterfeiting, extortion, robbery, bribery, theft, kidnaping, 
        or murder; and
            ``(B) any other activities of such government (or any 
        official thereof) which have facilitated organized criminal 
        activity.
    ``(5) Each report pursuant to this subsection shall include 
specific comments and recommendations by appropriate Federal agencies 
involved in organized crime control, including the United States 
Customs Service, the Drug Enforcement Administration, the Federal 
Bureau of Investigation and the Immigration and Naturalization Service, 
with respect to the degree to which countries listed in the report have 
cooperated fully with such agencies during the preceding year as 
described in subsection (h).
    ``(6) Each report pursuant to this subsection shall describe the 
United States assistance for the preceding fiscal year which was 
denied, pursuant to subsection (h), to each country in which organized 
criminal groups with operations significantly affecting the United 
States are located or have a significant presence.
    ``(e) Appropriate Consultations.--As soon as possible after the 
transmittal of the report required by subsection (d), the designated 
representatives of the President shall initiate appropriate 
consultations with members of the Committee on Foreign Relations of the 
Senate and members of the Committee on Foreign Affairs of the House of 
Representatives. Such consultations shall include in-person discussions 
by designated representatives of the President (including the Assistant 
Secretary of State for International Narcotics Control and appropriate 
representatives of the Department of Health and Human Services, the 
Department of the Treasury, the Department of Defense, the Department 
of Justice, and the Agency for International Development to review the 
worldwide organized crime situation and the role that United States 
assistance to major organized crime source countries, and United States 
contributions to international financial institutions, have in 
combating international organized crime affecting the United States. 
Such consultation shall include, with respect to each organized crime 
source country for which the President is proposing to furnish United 
States assistance for the next fiscal year, the furnishing of--
            ``(1) a description of the nature of the organized crime 
        problem, including the names of significant criminal groups and 
        individuals involved in organized crime activity affecting the 
        United States; and
            ``(2) an analysis of the climatic, geographic, political, 
        economic, legal, and social factors that affect the organized 
        crime problem.
The chairman of the Committee on Foreign Relations and the chairman of 
the Committee on Foreign Affairs shall each cause the substance of each 
consultation to be printed in the Congressional Record.
    ``(f) Committee Hearings.--After consultations have been initiated 
pursuant to subsection (d), the Committee on Foreign Relations and the 
Committee on Foreign Affairs should hold a hearing to review the report 
submitted pursuant to subsection (d). The hearing shall be open to the 
public unless the committee determines, in accordance with the rules of 
its House, that the hearing should be closed to the public.
    ``(g) Annual Certification Procedures.--
            ``(1) Withholding of bilateral assistance and opposition to 
        multilateral development assistance.--(A) Fifty percent of the 
        United States assistance allocated each fiscal year in the 
        report required by section 653(a) for each major organized 
        crime source country shall be withheld from obligation and 
        expenditure, except as provided in paragraph (2).
            ``(B) The Secretary of the Treasury shall instruct the 
        United States Executive Director of the International Bank for 
        Reconstruction and Development, the United States Executive 
        Director of the International Development Association, the 
        United States Executive Director of the Inter-American 
        Development Bank, and the United States Executive Director of 
        the Asian Development Bank to vote, on and after March 1 of 
        each year, against any loan or other utilization of the funds 
        of their respective institution to or for any major organized 
        crime source country, except as provided in paragraph (2).
            ``(2) Certification procedure.--(A) Subject to paragraph 
        (4), the assistance withheld from a country pursuant to 
        paragraph (1)(A) may be obligated and expended, and the 
        requirement of paragraph (1)(B) to vote against multilateral 
        development bank assistance to a country shall not apply, if 
        the President determines and certifies to the Congress, at the 
        time of the submission of the report required by subsection 
        (d), that--
                    ``(i) during the previous year the country has 
                cooperated fully with the United States, or has taken 
                adequate steps on its own--
                            ``(I) in satisfying the goals agreed to in 
                        an applicable bilateral agreement or a 
                        multilateral agreement which achieves the 
                        objectives of subparagraph (B);
                            ``(II) in satisfying the requirements for 
                        certification with regard to international 
                        narcotics control under section 481(h)(2) of 
                        this Act;
                            ``(III) in preventing and punishing the 
                        laundering in that country of profits from 
                        international organized crime; and
                            ``(IV) in preventing and punishing bribery 
                        and other forms of public corruption which 
                        facilitate international organized crime, or 
                        which discourage the investigation and 
                        prosecution of such acts; or
                    ``(ii) for a country that would not otherwise 
                qualify for certification under clause (i), the vital 
                national interests of the United States require that 
                the assistance withheld pursuant to paragraph (1)(A) be 
                provided and that the United States not vote against 
                multilateral development bank assistance for that 
                country pursuant to paragraph (1)(B).
            ``(B) A bilateral agreement referred to in subparagraph 
        (A)(i)(I) is an agreement between the United States and a 
        foreign country in which the foreign country agrees to take 
        specific activities, including, where applicable, efforts to--
                    ``(i) increase cooperation with United States law 
                enforcement officials; and
                    ``(ii) where applicable, increase participation in 
                extradition treaties, mutual legal assistance 
                provisions directed at money laundering, sharing of 
                evidence, and other initiatives for cooperative law 
                enforcement.
            ``(C) A country which in the previous year was designated 
        as a major organized crime source country may not be determined 
        to be cooperating fully under subparagraph (A)(i) unless it has 
        in place a bilateral agreement with the United States or a 
        multilateral agreement which achieves the objectives of 
        subparagraph (B).
            ``(D) If the President makes a certification with respect 
        to a country pursuant to subparagraph (A)(ii), he shall include 
        in such certification--
                    ``(i) a full and complete description of the vital 
                national interests placed at risk if United States 
                bilateral assistance to that country is terminated 
                pursuant to this subsection and multilateral 
                development bank assistance is not provided to such 
                country; and
                    ``(ii) a statement weighing the risk described in 
                clause (i) against the risks posed to the vital 
                national interests of the United States by the failure 
                of such country to cooperate fully with the United 
                States in combating international organized crime or to 
                take adequate steps to combat organized crime on its 
                own.
            ``(3) Matters to be considered.--In determining whether to 
        make the certification required by paragraph (2) with respect 
        to a country, the President shall consider the following:
                    ``(A) Have the actions of the government of that 
                country resulted in the maximum reductions in 
                international organized crime achievable? In the case 
                of a major organized crime source country, the 
                President shall give foremost consideration, in 
                determining whether to make the determination required 
                by paragraph (2), to whether the government of that 
                country has taken actions which have resulted in such 
                reductions.
                    ``(B) Has that government taken the legal and law 
                enforcement measures to enforce in its territory, to 
                the maximum extent possible, the elimination of 
                international organized crime?
                    ``(C) Has that government taken the legal and law 
                enforcement steps necessary to eliminate, to the 
                maximum extent possible, the laundering in that country 
                of the profits of international organized crime, as 
                evidenced by--
                            ``(i) the enactment and enforcement by that 
                        government of laws prohibiting such conduct,
                            ``(ii) that government entering into, and 
                        cooperating under the terms of, mutual legal 
                        assistance agreements with the United States 
                        governing (but not limited to) money 
                        laundering, and
                            ``(iii) the degree to which that government 
                        otherwise cooperates with United States law 
                        enforcement authorities on anti-money 
                        laundering efforts?
                    ``(D) Has that government taken the legal and law 
                enforcement steps necessary to eliminate, to the 
                maximum extent possible, bribery and other forms of 
                public corruption, which facilitate international 
                organized crime, or which discourage the investigation 
                and prosecution of such acts, as evidenced by the 
                enactment and enforcement of laws prohibiting such 
                conduct?
                    ``(E) Has that government, as a matter of 
                government policy, encouraged or facilitated 
                international organized crime?
                    ``(F) Does any senior official of that government 
                engage in, encourage, or facilitate international 
                organized crime?
                    ``(G) Has that government investigated aggressively 
                all cases in which any member of an agency of the 
                United States Government engaged in enforcement 
                activities against international organized crime, has 
                been the victim of acts or threats of violence, 
                inflicted by or with the complicity of any law 
                enforcement or other officer of such country or any 
                political subdivision thereof, and energetically sought 
                to bring the perpetrators of such offense or offenses 
                to justice?
                    ``(H) Having been requested to do so by the United 
                States Government, does that government fail to provide 
                reasonable cooperation to lawful activities of United 
                States enforcement agents against international 
                organized crime?
                    ``(I) Has that government made necessary changes in 
                legal codes in order to enable law enforcement 
                officials to move more effectively against 
                international organized criminals such as new 
                conspiracy laws and new asset seizure laws?
                    ``(J) Has that government expeditiously processed 
                United States extradition requests relating to 
                international organized criminals?
                    ``(K) Has that government refused to protect or 
                give haven to any known international organized 
                criminal, and has it expeditiously processed 
                extradition requests relating to international 
                organized criminals made by other countries?
            ``(4) Congressional review.--Paragraph (1) shall apply 
        without regard to paragraph (2) if, within 45 days of 
        continuous session (within the meaning of section 601(b)(1) of 
        the International Security Assistance and Arms Export Control 
        Act of 1976) after receipt of a certification under paragraph 
        (2), the Congress enacts a joint resolution disapproving the 
        determination of the President contained in such certification.
            ``(5) Denial of assistance for countries decertified.--If 
        the President does not make a certification under paragraph (2) 
        with respect to a country or the Congress enacts a joint 
        resolution disapproving such certification, then until such 
        time as the conditions specified in paragraph (6)(A) are 
        satisfied--
                    ``(A) funds may not be obligated for United States 
                assistance for that country, and funds previously 
                obligated for United States assistance for that country 
                may not be expended for the purpose of providing 
                assistance for that country; and
                    ``(B) the requirement to vote against multilateral 
                development bank assistance pursuant to paragraph 
                (1)(B) shall apply with respect to that country, 
                without regard to the date specified in that paragraph.
            ``(6) Recertification.--(A) Paragraph (5) shall apply to a 
        country until--
                    ``(i) the President makes a certification under 
                paragraph (2) with respect to that country, and the 
                Congress does not enact a joint resolution under 
                paragraph (4) disapproving the determination of the 
                President contained in that certification; or
                    ``(ii) the President submits at any other time a 
                certification of the matters described in paragraph (2) 
                with respect to such country, and the Congress enacts a 
                joint resolution approving the determination of the 
                President contained in that certification.
            ``(B)(i) Any joint resolution under this subsection shall 
        be considered in the Senate in accordance with the provisions 
        of section 601(b) of the International Security Assistance and 
        Arms Export Control Act of 1976.
            ``(ii) For the purpose of expediting the consideration and 
        enactment of joint resolutions under this subsection, a motion 
        to proceed to the consideration of any such joint resolution 
        after it has been reported by the appropriate committee shall 
        be treated as highly privileged in the House of 
        Representatives.
    ``(h) Definitions.--As used in this section--
            ``(1) the term `legal and law enforcement measures' means--
                    ``(A) the enactment and implementation of laws and 
                regulations or the implementation of existing laws and 
                regulations to provide for the progressive prosecution 
                and gradual elimination of organized criminal groups; 
                and
                    ``(B) the effective organization, staffing, 
                equipping, funding, and activation of those 
                governmental authorities responsible for organized 
                crime control;
            ``(2) the term `major organized crime source country' is a 
        country in which organized criminal groups with operations 
        significantly affecting the United States are located or have a 
        significant presence; and
            ``(3) the term `United States assistance' means assistance 
        of any kind which is provided by grant, sale, loan, lease, 
        credit, guaranty, or insurance, or by any other means, by any 
        agency or instrumentality of the United States Government to 
        any foreign country, including--
                    ``(A) assistance under this Act (including programs 
                under title IV of chapter 2 of this part);
                    ``(B) sales, credits, and guaranties under the Arms 
                Export Control Act;
                    ``(C) sales under title I or III and donations 
                under title II of the Agricultural Trade Development 
                and Assistance Act of 1954 of nonfood commodities;
                    ``(D) other financing programs of the Commodity 
                Credit Corporation for export sales of nonfood 
                commodities; and
                    ``(E) financing under the Export-Import Bank Act of 
                1945,
        except that the term `United States assistance' does not 
        include (i) international narcotics control assistance under 
        this chapter, (ii) disaster relief assistance (including any 
        assistance under chapter 9 of this part), (iii) assistance 
        which involves the provision of food or medicine, (iv) 
        assistance for refugees, (v) assistance under the Inter-
        American Foundation Act, (vi) assistance from the Child 
        Survival Fund under section 104(c)(2) of this Act, (vii) 
        assistance for narcotics education and awareness activities 
        under section 126(b)(2) of this Act (but any such assistance 
        shall be subject to the prior notification procedures 
        applicable to reprogrammings pursuant to section 634A of this 
        Act), or (viii) activities authorized pursuant to the National 
        Security Act of 1947 (50 U.S.C. 410 et seq.), the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or 
        Executive Order No. 12333 (December 4, 1981).''.

SEC. 3. EXTRADITION AND MUTUAL LEGAL ASSISTANCE WITH RESPECT TO TAIWAN.

    Section 4(b) of the Taiwan Relations Act (22 U.S.C. 3303(b)) is 
amended by adding at the end the following new paragraph:
    ``(9) Nothing in this Act may be construed in any administrative or 
judicial proceeding as preventing the negotiation of, or entry into any 
agreement by, the American Institute in Taiwan regarding extradition or 
mutual legal assistance with respect to Taiwan.''.

SEC. 4. DEATH PENALTY FOR KIDNAPPING.

    Section 1201(a) of title 18, United States Code, is amended by 
adding at the end thereof the following: ``Any person who during the 
commission of, in furtherance of, or while attempting to avoid 
apprehension for, a violation of this subsection causes the death of 
another person shall be punished by death or by imprisonment for 
life.''.

SEC. 5. REPORT ON SUCCESS OF ROYAL HONG KONG POLICE RECRUITMENT.

    Not later than 6 months after the date of enactment of this Act, 
the Attorney General, in concert with the Director of the Federal 
Bureau of Investigation, the Administrator of the Drug Enforcement 
Agency, the Commissioner of the Immigration and Naturalization Service, 
and the Commissioner of the Customs Service, shall report to Congress 
and the President on the efforts made, and the success of such efforts, 
to recruit and hire former Royal Hong Kong Police officers into Federal 
law enforcement positions. This report shall discuss any legal or 
administrative barriers preventing a program of adequate recruitment of 
former Royal Hong Kong Police officers.

SEC. 6. REPORT ON SECRET SERVICE SUCCESS AGAINST CREDIT CARD 
              COUNTERFEITING.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of the Treasury shall report to Congress and the 
President on the success of Secret Service efforts to combat credit 
card counterfeiting with ties to the United States region. This report 
shall detail the number of related warrants executed, arrests made, 
indictments obtained, property seized, successful prosecutions, and the 
trend and volume of reported counterfeit activity.

SEC. 7. LEGAL CARD CLUB CURRENCY TRANSACTION REPORTS.

    Section 5312(a)(2) of title 31, United States Code, is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (X);
            (2) by redesignating subparagraph (Y) as subparagraph (Z); 
        and
            (3) by inserting after subparagraph (X) the following:
            ``(Y) any legal gaming club where legal gambling is 
        conducted involving a card game played for currency, check, 
        credit, or any other thing of value which is not prohibited and 
        made unlawful under Federal, State, or local law, except for a 
        legal gaming club already required to file currency transaction 
        reports under existing State laws; or''.

SEC. 8. REPORTS ON TASK FORCES FOCUSED ON ASIAN ORGANIZED CRIME.

    (a) Attorney General.--Not later than 6 months after the date of 
enactment of this Act, the Attorney General shall report to the 
Congress and the President on the progress of efforts to create task 
forces dedicated to Asian organized crime.
    (b) Attorney General and Immigration and Naturalization Service.--
Not later than 6 months after the date of enactment of this Act, the 
Attorney General and the Commissioner of the Immigration and 
Naturalization Service to report to the Congress and the President on--
            (1) the status of Immigration and Naturalization Service 
        participation in all new and existing task forces dedicated to 
        organized crime; and
            (2) the status of proposed Immigration and Naturalization 
        Service Asian Crime Task Forces.

SEC. 9. INCREASED PENALTY FOR VISA FRAUD.

    (a) False Statement.--Section 1542 of title 18, United States Code, 
is amended by striking ``fined not more than $2,000 or imprisoned not 
more than five years, or both'' and inserting ``fined under this title 
or imprisoned not more than 10 years, or both''.
    (b) Forgery.--Section 1543 of title 18, United States Code, is 
amended by striking ``fined not more than $2,000 or imprisoned not more 
than five years, or both'' and inserting ``fined under this title or 
imprisoned not more than 10 years, or both''.
    (c) Misuse of Passport.--Section 1544 of title 18, United States 
Code, is amended by striking ``fined not more than $2,000 or imprisoned 
not more than five years, or both'' and inserting ``fined under this 
title or imprisoned not more than 10 years, or both''.
    (d) Safe Conduct Violation.--Section 1545 of title 18, United 
States Code, is amended by striking ``fined not more than $2,000 or 
imprisoned not more than three years, or both'' and inserting ``fined 
under this title or imprisoned not more than 10 years, or both''.
    (e) Fraud and Misuse of Visas.--Section 1546(a) of title 18, United 
States Code, is amended by striking ``fined not more than $2,000 or 
imprisoned not more than five years, or both'' and inserting ``fined 
under this title or imprisoned not more than 10 years, or both''.

SEC. 10. INTERNATIONAL CARRIERS' RESPONSIBILITY.

    (a) In General.--Section 273 of the Immigration and Nationality Act 
(8 U.S.C. 1323) is amended--
            (1) in subsection (a), by striking ``(other than from 
        foreign contiguous territory)'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Records.--The Attorney General shall maintain a record of 
each undocumented alien arriving on or after the date of enactment of 
this subsection at a United States port of entry and of the carrier 
which brought such alien to that port of entry.'';
            (4) by inserting after subsection (c) (as added by 
        paragraph (4)), the following:
    ``(d) Repeat Offenses.--(1) If the Attorney General determines 
that, during the preceding calendar year, any carrier has delivered an 
average of more than 0.5 undocumented aliens per arrival at United 
States ports of entry then, for the next calendar year, in lieu of the 
penalty of $3,000 specified in subsection (b), such carrier shall pay 
to the Commissioner a penalty of $15,000 for each alien brought in 
violation of subsection (a).
    ``(2) If the Attorney General determines that, during the preceding 
calendar year, any carrier has delivered an average of more than 1.5 
undocumented aliens per arrival at United States ports of entry, then, 
for the next calendar year, in lieu of the penalties specified in 
subsection (b) and in paragraph (1) of this subsection, such carrier 
shall pay to the Commissioner a penalty of $30,000 for each alien 
brought in violation of subsection (a).
    ``(3) If the Attorney General determines that, in the preceding 
calendar year, any carrier has delivered an average of more than 2 
undocumented aliens per arrival at United States ports of entry, then 
such carrier shall forfeit all landing rights in the United States for 
the next calendar year.''; and
            (5) subsection (e) (as redesignated) is amended--
                    (A) by inserting after ``refunded,'' the following: 
                ``unless the alien transported is granted political 
                asylum status in the United States or''; and
                    (B) by inserting before the period at the end 
                thereof ``or that the visa or other immigration 
                documentation presented to the carrier was forged, 
                counterfeit, altered, falsely made, stolen, or 
                inapplicable to the alien presenting the document.''.
    (b) Effective Date.--The amendment made by subsection (a)(4) shall 
take effect on January 1 of the second calendar year following the date 
of enactment of this Act.

SEC. 11. INCREASED PENALTIES FOR ALIEN SMUGGLING.

    Pursuant to section 994 of title 28, United States Code, the United 
States Sentencing Commission shall promulgate guidelines, or amend 
existing guidelines, to provide that a defendant convicted of 
violating, or conspiring to violate section 1324(a) of title 8, United 
States Code, shall be assigned not less than offense level 25 under 
section 2L1.1 of the United States Sentencing Guidelines if any of the 
following factors exist--
            (1) if the offense involved five or more aliens in a single 
        scheme or otherwise;
            (2) if the offense involved other criminal activity 
        including, but not limited to, violations of the Controlled 
        Substances Act, prostitution, importation of aliens for immoral 
        purposes, trafficking in firearms, money laundering, illegal 
        gang activities, kidnapping or ransom demands, fraudulent 
        documents, or extortion;
            (3) if the offense involves smuggling of persons under the 
        age of 18 years for purposes of illegal adoption, or sexual or 
        commercial exploitation;
            (4) if the offense involves the smuggling of known or 
        suspected terrorists or persons involved in organized crime;
            (5) if the offense involves dangerous or inhumane treatment 
        of the persons smuggled; and
            (6) if death or serious bodily harm occurs to persons 
        smuggled, increase by 3.
Otherwise, the base offense level shall be 13, except for an offense as 
described in section 1324(a)(2)(A) of title 8, United States Code.

SEC. 12. REPORT ON BETTER UTILIZATION OF THE FEDERAL BUREAU OF 
              INVESTIGATION'S OVERSEAS OPERATIONS AGAINST INTERNATIONAL 
              ORGANIZED CRIME.

    Not later than 6 months after the date of enactment of this Act, 
the Attorney General, in consultation with the Director of the Federal 
Bureau of Investigation, shall report to the Congress on how the 
organized crime expertise of the Federal Bureau of Investigation and 
its overseas operations can be better utilized against international 
organized crime.

SEC. 13. SENSE OF THE SENATE REGARDING THE ROLE OF THE UNITED NATIONS 
              IN INTERNATIONAL ORGANIZED CRIME CONTROL.

    (a) Findings.--The Senate finds that--
            (1) international criminal activity has increased 
        dramatically over the past decade, and has been facilitated by 
        modern developments in transportation and communications, 
        relaxed travel restrictions, and the greatly increased volume 
        of international trade;
            (2) the expansion of international criminal activity is 
        reflected in the growth of requests for mutual legal assistance 
        and extradition made by the United States to other countries 
        and vice-versa, which increased from 535 in 1984 to 2,238 in 
        1992;
            (3) the global reach of organized crime constitutes a 
        serious threat to the security and stability of sovereign 
        nations;
            (4) the expanding scope of international organized crime 
        necessitates greater cooperation among nations to prosecute and 
        eliminate organized criminal groups;
            (5) there is an urgent need for new approaches designed to 
        allow the international law enforcement community to pursue 
        international criminals across national boundaries;
            (6) the United Nations Convention against Illicit Traffic 
        in Narcotic Drugs and Psychotropic Substances has helped bring 
        about improved international cooperation with respect to 
        narcotics;
            (7) the current role of the United Nations with respect to 
        international organized crime is limited by the lack of a 
        binding international convention dealing with the broad range 
        of organized criminal activity beyond narcotics;
            (8) the United Nations Commission on Crime Prevention and 
        Criminal Justice has successfully facilitated the negotiation 
        and implementation of mutual legal assistance and extradition 
        treaties between certain nations, and has helped train nations 
        to effectively execute the terms of such treaties; and
            (9) the United Nations Commission on Crime Prevention and 
        Criminal Justice currently has limited authority and resources.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the United States should encourage the development of a 
        United Nations Convention on Organized Crime; and
            (2) the United Nations should provide significant 
        additional resources to the Commission on Crime Prevention and 
        Criminal Justice, consider an expansion of the Commission's 
        role and authority, and seek a cohesive approach to the 
        international organized crime problem.

                                 <all>

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