[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2303 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2303

   To deter and punish international crime, to protect United States 
   nationals and interests at home and abroad, and to promote global 
                cooperation against international crime.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 1998

 Mr. Leahy (for himself and Mr. Biden) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To deter and punish international crime, to protect United States 
   nationals and interests at home and abroad, and to promote global 
                cooperation against international crime.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Crime Control Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--INVESTIGATING AND PUNISHING VIOLENT CRIMES AGAINST UNITED 
                        STATES NATIONALS ABROAD

Sec. 1001. Murder and extortion against United States nationals abroad 
                            in furtherance of organized crime.
Sec. 1002. Murder or serious assault of a State or local official 
                            abroad.
 TITLE II--STRENGTHENING THE AIR, LAND, AND SEA BORDERS OF THE UNITED 
                                 STATES

       Subtitle A--Violence Committed Along United States Border

Sec. 2101. Felony punishment for violence committed along the United 
                            States border.
Subtitle B--Strengthening Maritime Law Enforcement Along United States 
                                Borders

Sec. 2201. Sanctions for failure to heave to, obstructing a lawful 
                            boarding, and providing false information.
Sec. 2202. Civil penalties to support maritime law enforcement.
Sec. 2203. Customs orders.
     Subtitle C--Smuggling of Contraband and Other Illegal Products

Sec. 2301. Smuggling contraband and other goods from the United States.
Sec. 2302. Controlling illicit liquor trafficking.
Sec. 2303. Customs duties.
Sec. 2304. False certifications relating to exports.
       TITLE III--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

Subtitle A--Strengthening Extradition To Ensure International Criminals 
                         Are Brought to Justice

Sec. 3101. Extradition for offenses not covered by a list treaty.
Sec. 3102. Extradition absent a treaty.
Sec. 3103. Technical and conforming amendments.
  Subtitle B--Strengthening Immigration Laws To Exclude International 
                    Criminals From the United States

Sec. 3201. Inadmissibility of persons fleeing prosecution in other 
                            countries.
Sec. 3202. Inadmissibility of persons involved in racketeering and arms 
                            trafficking.
Sec. 3203. Inadmissibility of persons who have benefited from illicit 
                            activities of drug traffickers.
Sec. 3204. Inadmissibility of persons involved in international alien 
                            smuggling.
   Subtitle C--Additional Tools To Deny Safe Haven to International 
                               Criminals

Sec. 3301. Temporary transfer of persons in custody for prosecution.
Sec. 3302. Prohibiting fugitives from benefiting from fugitive status.
Sec. 3303. Transfer of foreign prisoners to serve sentences in country 
                            of origin.
Sec. 3304. Transit of fugitives for prosecution in foreign countries.
 TITLE IV--SEIZING AND FORFEITING THE ASSETS OF INTERNATIONAL CRIMINALS

Sec. 4001. Criminal penalties for violations of anti-money laundering 
                            orders.
Sec. 4002. Search of mail.
Sec. 4003. Forfeiture.
Sec. 4004. Cracking down on illegal money transmitting businesses.
Sec. 4005. Enhancing prosecutions in international drug and money 
                            laundering cases.
Sec. 4006. Seizure of assets of persons arrested abroad.
Sec. 4007. Access to financial records in bank secrecy jurisdictions.
Sec. 4008. Expanding civil money laundering laws to reach foreign 
                            persons.
Sec. 4009. Punishment of money laundering through foreign banks.
Sec. 4010. Addition of serious foreign crimes to list of money 
                            laundering predicates.
Sec. 4011. Authority to order convicted criminals to return property 
                            located abroad.
Sec. 4012. Enforcement of foreign forfeiture judgments.
Sec. 4013. Administrative summons authority under the Bank Secrecy Act.
Sec. 4014. Encouraging financial institutions to notify law enforcement 
                            authorities of suspicious financial 
                            transactions.
Sec. 4015. Exempting financial enforcement data from unnecessary 
                            disclosure.
Sec. 4016. Criminal and civil penalties under the International 
                            Emergency Economic Powers Act.
Sec. 4017. Attempted violations of the Trading With the Enemy Act.
      TITLE V--RESPONDING TO EMERGING INTERNATIONAL CRIME THREATS

                Subtitle A--Computer and High-Tech Crime

Sec. 5101. Enhanced authority to investigate computer fraud and attacks 
                            on computer systems.
Sec. 5102. Jurisdiction over certain financial crimes committed abroad.
                      Subtitle B--Alien Smuggling

Sec. 5201. Forfeiture for alien smuggling.
       Subtitle C--Trafficking in Chemicals Used To Produce Drugs

Sec. 5301. Import and export of chemicals used to produce illicit 
                            drugs.
                      Subtitle D--Arms Trafficking

Sec. 5401. Enhanced tools to investigate illicit arms trafficking.
Sec. 5402. Background checks for purchases of explosives.
Sec. 5403. Prohibiting convicted felons from possessing black powder.
      TITLE VI--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST 
                          INTERNATIONAL CRIME

Sec. 6001. Sharing proceeds of joint forfeiture operations with 
                            cooperating foreign agencies.
Sec. 6002. Streamlined procedures for execution of MLAT requests.
Sec. 6003. Temporary transfer of incarcerated witnesses.
Sec. 6004. Training of foreign law enforcement agencies.
Sec. 6005. Discretionary authority to use forfeiture proceeds.
     TITLE VII--STREAMLINING THE INVESTIGATION AND PROSECUTION OF 
              INTERNATIONAL CRIMES IN UNITED STATES COURTS

Sec. 7001. Reimbursement of State and local law enforcement agencies in 
                            international crime cases. 
Sec. 7002. Facilitating the admission of foreign records in United 
                            States courts.
Sec. 7003. Safe conduct for foreign witnesses testifying in United 
                            States courts.
Sec. 7004. Prohibiting fugitives from benefiting from time served 
                            abroad.
Sec. 7005. Suspension of statute of limitations for collection of 
                            evidence located abroad.
Sec. 7006. Clarification of discretionary nature of payments to 
                            informants.

  TITLE I--INVESTIGATING AND PUNISHING VIOLENT CRIMES AGAINST UNITED 
                        STATES NATIONALS ABROAD

SEC. 1001. MURDER AND EXTORTION AGAINST UNITED STATES NATIONALS ABROAD 
              IN FURTHERANCE OF ORGANIZED CRIME.

    Section 2332 of title 18, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) by inserting after subsection (c) the following:
    ``(d) Extortion of United States Nationals Abroad.--Whoever commits 
or attempts to commit extortion against a national of the United 
States, while the national is outside the United States, shall be fined 
under this title, imprisoned not more than 20 years, or both.'';
            (3) in subsection (e), as redesignated, by inserting ``, or 
        was intended to further the objectives of an organized criminal 
group. A certification under this paragraph shall not be subject to 
judicial review'' before the period at the end; and
            (4) by adding at the end the following:
    ``(f) Rule of Construction.--Nothing in this section may be 
construed as indicating an intent on the part of Congress--
            ``(1) to interfere with the exercise of criminal 
        jurisdiction by the nation or nations in which the criminal act 
        occurred; or
            ``(2) to mandate that each potential violation should be 
        the subject of investigation or prosecution by the United 
        States.
    ``(g) Definitions.--In this section--
            ``(1) the term `extortion' means the obtaining of property 
        worth $100,000 or more from another by threatening or placing 
        another person in fear that any person will be subjected to 
        bodily injury or kidnapping or that any property will be 
        damaged or destroyed; and
            ``(2) the term `organized criminal group' means a group 
        that has a hierarchical structure or is a continuing 
        enterprise, and that is engaged in or has as a purpose the 
        commission of an act or acts that would constitute racketeering 
        activity (as defined in section 1961) if committed within the 
        United States.''.

SEC. 1002. MURDER OR SERIOUS ASSAULT OF A STATE OR LOCAL OFFICIAL 
              ABROAD.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Murder or serious assault of a State or local law 
              enforcement, judicial, or other official abroad
    ``(a) Definitions.--In this section:
            ``(1) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning given the term in section 2119.
            ``(2) State.--The term `State' has the meaning given the 
        term in section 245(d).
    ``(b) Penalties.--Whoever, in the circumstance described in 
subsection (c)--
            ``(1) kills or attempts to kill an official of a State or a 
        political subdivision thereof shall be punished as provided in 
        sections 1111, 1112, and 1113; or
            ``(2) assaults an official of a State or a political 
        subdivision thereof, if that assault results in serious bodily 
        injury shall be punished as provided in section 113.
    ``(c) Circumstance Described.--The circumstance described in this 
subsection is that the official of a State or political subdivision--
            ``(1) is outside the territorial jurisdiction of the United 
        States; and
            ``(2) is engaged in, or the prohibited activity occurs on 
        account of the performance by that official of training, 
        technical assistance, or other assistance to the United States 
        or a foreign government in connection with any program funded, 
        in whole or in part, by the Federal Government.
    ``(d) Limitations on Prosecution.--No prosecution may be instituted 
against any person under this section except upon the written approval 
of the Attorney General, the Deputy Attorney General, or an Assistant 
Attorney General, which function of approving prosecutions may not be 
delegated and shall not be subject to judicial review.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to indicate an intent on the part of Congress--
            ``(1) to interfere with the exercise of criminal 
        jurisdiction by the nation or nations in which the criminal act 
        occurred; or
            ``(2) to mandate that each potential violation should be 
        the subject of investigation or prosecution by the United 
        States.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
51 of title 18, United States Code, is amended by adding at the end the 
following:

``1123. Murder or serious assault of a State or local law enforcement, 
                            judicial, or other official abroad.''.

 TITLE II--STRENGTHENING THE AIR, LAND, AND SEA BORDERS OF THE UNITED 
                                 STATES

       Subtitle A--Violence Committed Along United States Border

SEC. 2101. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED 
              STATES BORDER.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 554. Violence while eluding inspection or during violation of 
              arrival, reporting, entry, or clearance requirements
    ``(a) In General.--Whoever attempts to commit or commits a crime of 
violence or recklessly operates any conveyance during and in relation 
to--
            ``(1)(A) attempting to elude or eluding immigration, 
        customs, or agriculture inspection; or
            ``(B) failing to stop at the command of an officer or 
        employee of the United States charged with enforcing the 
        immigration, customs, or other laws of the United States along 
        any border of the United States; or
            ``(2) an intentional violation of arrival, reporting, 
        entry, or clearance requirements, as set forth in section 107 
        of the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of 
        the Act of August 20, 1912 (commonly known as the `Plant 
        Quarantine Act' (7 U.S.C. 164a)), section 7 of the Federal 
        Noxious Weed Act of 1974 (7 U.S.C. 2807), section 431, 433, 
        434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 
        1434, and 1459), section 10 of the Act of August 30, 1890 (26 
        Stat. 417; chapter 839 (21 U.S.C. 105), section 2 of the Act of 
        February 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C. 111), 
        section 4197 of the Revised Statutes (46 U.S.C. App. 91), or 
        sections 231, 232, and 234 through 238 of the Immigration and 
        Nationality Act (8 U.S.C. 1221, 1222, and 1224 through 1228) 
        shall be--
                    ``(A) fined under this title, imprisoned not more 
                than 5 years, or both;
                    ``(B) if bodily injury (as defined in section 
                1365(g)) results, fined under this title, imprisoned 
                not more than 10 years, or both; or
                    ``(C) if death results, fined under this title, 
                imprisoned for any term of years or for life, or both, 
                and may be sentenced to death.
    ``(b) Conspiracy.--If 2 or more persons conspire to commit an 
offense under subsection (a), and 1 or more of those persons do any act 
to effect the object of the conspiracy, each shall be punishable as a 
principal, except that a sentence of death may not be imposed.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
27 of title 18, United States Code, is amended by adding at the end the 
following:

``554. Violence while eluding inspection or during violation of 
                            arrival, reporting, entry, or clearance 
                            requirements.''.
    (c) Reckless Endangerment.--Section 111 of title 18, United States 
Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Reckless Endangerment.--Whoever--
            ``(1) knowingly disregards or disobeys the lawful authority 
        or command of any officer or employee of the United States 
        charged with enforcing the immigration, customs, or other laws 
        of the United States along any border of the United States 
        while engaged in, or on account of, the performance of official 
        duties of that officer or employee; and
            ``(2) as a result of disregarding or disobeying an 
        authority or command referred to in paragraph (1), endangers 
        the safety of any person or property,
shall be fined under this title, imprisoned not more than 6 months, or 
both.''.

Subtitle B--Strengthening Maritime Law Enforcement Along United States 
                                Borders

SEC. 2201. SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTING A LAWFUL 
              BOARDING, AND PROVIDING FALSE INFORMATION.

    (a) In General.--Chapter 109 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for 
              obstruction of boarding or providing false information
    ``(a) Definitions.--In this section:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning given that term in 
        section 115(c).
            ``(2) Heave to.--The term `heave to' means, with respect to 
        a vessel, to cause that vessel to slow or come to a stop to 
        facilitate a law enforcement boarding by adjusting the course 
        and speed of the vessel to account for the weather conditions 
        and the sea state.
            ``(3) Vessel of the united states; vessel subject to the 
        jurisdiction of the united states.--The terms `vessel of the 
        United States' and `vessel subject to the jurisdiction of the 
        United States' have the meanings given those terms in section 3 
        of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
    ``(b) Failure To Obey an Order To Heave to.--
            ``(1) In general.--It shall be unlawful for the master, 
        operator, or person in charge of a vessel of the United States 
        or a vessel subject to the jurisdiction of the United States, 
        to fail to obey an order to heave to that vessel on being 
ordered to do so by an authorized Federal law enforcement officer.
            ``(2) Impeding boarding; providing false information in 
        connection with a boarding.--It shall be unlawful for any 
        person on board a vessel of the United States or a vessel 
        subject to the jurisdiction of the United States knowingly or 
        willfully to--
                    ``(A) fail to comply with an order of an authorized 
                Federal law enforcement officer in connection with the 
                boarding of the vessel;
                    ``(B) impede or obstruct a boarding or arrest, or 
                other law enforcement action authorized by any Federal 
                law; or
                    ``(C) provide false information to a Federal law 
                enforcement officer during a boarding of a vessel 
                regarding the destination, origin, ownership, 
                registration, nationality, cargo, or crew of the 
                vessel.
    ``(c) Statutory Construction.--Nothing in this section may be 
construed to limit the authority granted before the date of enactment 
of the International Crime Control Act of 1998 to--
            ``(1) a customs officer under section 581 of the Tariff Act 
        of 1930 (19 U.S.C. 1581) or any other provision of law enforced 
        or administered by the United States Customs Service; or
            ``(2) any Federal law enforcement officer under any Federal 
        law to order a vessel to heave to.
    ``(d) Consent or Waiver of Objection by a Foreign Country.--
            ``(1) In general.--A foreign country may consent to or 
        waive objection to the enforcement of United States law by the 
        United States under this section by international agreement or, 
        on a case-by-case basis, by radio, telephone, or similar oral 
        or electronic means.
            ``(2) Proof of consent or waiver.--The Secretary of State 
        or a designee of the Secretary of State may prove a consent or 
        waiver described in paragraph (1) by certification.
    ``(e) Penalties.--Any person who intentionally violates any 
provision of this section shall be fined under this title, imprisoned 
not more than 5 years, or both.
    ``(f) Seizure of Vessels.--
            ``(1) In general.--A vessel that is used in violation of 
        this section may be seized and forfeited.
            ``(2) Applicability of laws.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                laws described in subparagraph (B) shall apply to 
                seizures and forfeitures undertaken, or alleged to have 
                been undertaken, under any provision of this section.
                    ``(B) Laws described.--The laws described in this 
                subparagraph are the laws relating to the seizure, 
                summary, judicial forfeiture, and condemnation of 
                property for violation of the customs laws, the 
                disposition of the property or the proceeds from the 
                sale thereof, the remission or mitigation of the 
                forfeitures, and the compromise of claims.
                    ``(C) Execution of duties by officers and agents.--
                Any duty that is imposed upon a customs officer or any 
                other person with respect to the seizure and forfeiture 
                of property under the customs laws shall be performed 
                with respect to a seizure or forfeiture of property 
                under this section by the officer, agent, or other 
                person that is authorized or designated for that 
                purpose.
            ``(3) In rem liability.--A vessel that is used in violation 
        of this section shall, in addition to any other liability 
        prescribed under this subsection, be liable in rem for any fine 
        or civil penalty imposed under this section.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
109 of title 18, United States Code, is amended by adding at the end 
the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
                            boarding or providing false information.''.

SEC. 2202. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 675. Civil penalty for failure to comply with a lawful boarding, 
              obstruction of boarding, or providing false information
    ``(a) In General.--Any person who violates section 2237(b) of title 
18 shall be liable for a civil penalty of not more than $25,000.
    ``(b) In Rem Liability.--In addition to being subject to the 
liability under subsection (a), a vessel used to violate an order 
relating to the boarding of a vessel issued under the authority of 
section 2237 of title 18 shall be liable in rem and may be seized, 
forfeited, and sold in accordance with section 594 of the Tariff Act of 
1930 (19 U.S.C. 1594).''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
17 of title 14, United States Code, is amended by adding at the end the 
following:

``675. Civil penalty for failure to comply with a lawful boarding, 
                            obstruction of boarding, or providing false 
                            information.''.

SEC. 2203. CUSTOMS ORDERS.

    Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is amended 
by adding at the end the following:
    ``(i) Authorized Place Defined.--In this section, the term 
`authorized place' includes, with respect to a vessel or vehicle, a 
location in a foreign country at which United States customs officers 
are permitted to conduct inspections, examinations, or searches.''.

     Subtitle C--Smuggling of Contraband and Other Illegal Products

SEC. 2301. SMUGGLING CONTRABAND AND OTHER GOODS FROM THE UNITED STATES.

    (a) In General.--
            (1) Smuggling goods from the united states.--Chapter 27 of 
        title 18, United States Code, as amended by section 2101 of 
        this Act, is amended by adding at the end the following:
``Sec. 555. Smuggling goods from the United States
    ``(a) United States Defined.--In this section, the term `United 
States' has the meaning given that term in section 545.
    ``(b) Penalties.--Whoever--
            ``(1) fraudulently or knowingly exports or sends from the 
        United States, or attempts to export or send from the United 
        States, any merchandise, article, or object contrary to any law 
        of the United States (including any regulation of the United 
        States); or
            ``(2) receives, conceals, buys, sells, or in any manner 
        facilitates the transportation, concealment, or sale of that 
        merchandise, article, or object, prior to exportation, knowing 
        that merchandise, article, or object to be intended for 
        exportation contrary to any law of the United States,
shall be fined under this title, imprisoned not more than 5 years, or 
both.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 27 of title 18, United States Code, is amended by 
        adding at the end the following:

``555. Smuggling goods from the United States.''.
    (b) Laundering of Monetary Instruments.--Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting ``section 555 
(relating to smuggling goods from the United States),'' before 
``section 641 (relating to public money, property, or records),''.
    (c) Merchandise Exported From United States.--Section 596 of the 
Tariff Act of 1930 (19 U.S.C. 1595a) is amended by adding at the end 
the following:
    ``(d) Merchandise Exported From the United States.--Merchandise 
exported or sent from the United States or attempted to be exported or 
sent from the United States contrary to law, or the value thereof, and 
property used to facilitate the receipt, purchase, transportation, 
concealment, or sale of that merchandise prior to exportation shall be 
forfeited to the United States.''.

SEC. 2302. CONTROLLING ILLICIT LIQUOR TRAFFICKING.

    (a) In General.--Title 18, United States Code, is amended--
            (1) in section 546--
                    (A) by inserting ``, vehicle, aircraft, conveyance 
                or other mode of transportation'' after ``vessel'' each 
                place it appears; and
                    (B) by striking ``if under the laws of such foreign 
                government any penalty or forfeiture is provided for 
                violation of the laws of the United States respecting 
                the customs revenue,'';
            (2) by striking section 1261 and inserting the following:
``Sec. 1261. Enforcement
    ``The Secretary of the Treasury shall enforce this chapter and may 
promulgate such regulations as the Secretary determines to be necessary 
to carry out this chapter.'';
            (3) in section 1956(c)(7)(D), by inserting before ``section 
        549 (relating to removing goods from Customs custody)'' the 
        following: ``section 546 (relating to smuggling goods into 
        foreign countries),''; and
            (4) in chapter 59, by adding at the end the following:
``Sec. 1266. Trafficking in contraband liquor
    ``(a) State Defined.--In this section, the term `State' includes a 
State of the United States, the District of Columbia, and a 
commonwealth, territory, or possession of the United States.
    ``(b) Prohibition.--It shall be unlawful for any person to ship or 
transport or attempt to ship or transport, or introduce or attempt to 
introduce, more than 360 liters of distilled spirits from 1 State into 
another State or foreign country, or receive or possess more than 360 
liters of distilled spirits that have been transported in interstate or 
foreign commerce in violation of Federal or State law.
    ``(c) Penalties.--
            ``(1) In general.--Whoever knowingly violates subsection 
        (b)--
                    ``(A) in the case of a violation involving a 
                quantity of distilled spirits of 15,000 liters or less, 
shall be fined under this title, imprisoned not more than 5 years, or 
both; or
                    ``(B) in the case of a violation involving a 
                quantity of distilled spirits of more than 15,000 
                liters, shall be fined under this title, imprisoned not 
                more than 10 years, or both.
            ``(2) Seizure and forfeiture.--Subject to paragraph (3), 
        the Secretary of the Treasury shall seize and forfeit, in 
        accordance with section 9703(o) of title 31, any--
                    ``(A) conveyance, liquor, or monetary instrument 
                (that is included under the definition of `monetary 
                instruments' in section 5312 of title 31) involved in a 
                violation of this section; or
                    ``(B) property (real or personal) that constitutes 
                or is derived from proceeds traceable to a violation of 
                this section.
            ``(3) Limitation.--No property shall be forfeited under 
        this section to the extent of the interest of an owner or lien 
        holder by reason of any act or omission established by that 
        owner or lien holder to have been committed without the 
        knowledge of that owner or lien holder.
            ``(4) Seizure and forfeiture.--
                    ``(A) In general.--In imposing sentence on a person 
                convicted of violating this section, the court shall 
                order that person to forfeit to the United States any 
                property described in paragraph (2) involved in the 
                violation.
                    ``(B) Applicable laws.--The seizure and forfeiture 
                of property referred to in subparagraph (A) shall be 
                governed by subsections (b), (c), and (e) through (p) 
                of section 413 of the Comprehensive Drug Abuse 
                Prevention and Control Act of 1970 (21 U.S.C. 853).
    ``(d) Statutory Construction.--Nothing in this chapter may be 
construed to affect the concurrent jurisdiction of a State to enact and 
enforce liquor laws, to provide for the confiscation of liquor and 
other property seized for violation of those laws, and to provide for 
penalties for the violation of those laws.''.
    (b) Technical and Conforming Amendments.--The analysis for chapter 
59 of title 18, United States Code, is amended--
            (1) by striking the item relating to section 1261 and 
        inserting the following:

``1261. Enforcement.''; and
            (2) by adding at the end the following:

``1266. Trafficking in contraband liquor.''.

SEC. 2303. CUSTOMS DUTIES.

    (a) In General.--Section 542 of title 18, United States Code, is 
amended--
            (1) in the section heading, by adding ``theft, 
        embezzlement, or misapplication of duties'' at the end;
            (2) by redesignating the fourth and fifth undesignated 
        paragraphs as subsections (b) and (c), respectively;
            (3) in the third undesignated paragraph--
                    (A) by striking ``Shall be fined'' and inserting 
                the following:
``shall be fined''; and
                    (B) by striking ``two years'' and inserting ``5 
                years'';
            (4) in the second undesignated paragraph--
                    (A) by striking ``Whoever is guilty'' and inserting 
                the following:
            ``(2) is guilty''; and
                    (B) by striking ``act or omission--'' and inserting 
                ``act or omission; or'';
            (5) in the first undesignated paragraph, by striking 
        ``Whoever knowingly effects'' and inserting the following:
    ``(a) Whoever--
            ``(1) knowingly effects''; and
            (6) in subsection (a) (as so designated by paragraph (5) of 
        this subsection) by inserting after paragraph (2) (as so 
        designated by paragraph (4) of this subsection) the following:
            ``(3) embezzles, steals, abstracts, purloins, willfully 
        misapplies, willfully permits to be misapplied, or wrongfully 
        converts to his own use, or to the use of another, moneys, 
        funds, credits, assets, securities or other property entrusted 
        to his or her custody or care, or to the custody or care of 
        another for the purpose of paying any lawful duties;''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
27 of title 18, United States Code, is amended by striking the item 
relating to section 542 and inserting the following:

``542. Entry of goods by means of false statements, theft, 
                            embezzlement, or misapplication of 
                            duties.''.

SEC. 2304. FALSE CERTIFICATIONS RELATING TO EXPORTS.

    (a) In General.--Chapter 27 of title 18, United States Code, as 
amended by section 2301 of this Act, is amended by adding at the end 
the following:
``Sec. 556. False certifications relating to exports
    ``Whoever knowingly transmits in interstate or foreign commerce any 
false or fraudulent certificate of origin, invoice, declaration, 
affidavit, letter, paper, or statement (whether written or otherwise), 
that represents explicitly or implicitly that goods, wares, or 
merchandise to be exported qualify for purposes of any international 
trade agreement to which the United States is a signatory shall be 
fined under this title, imprisoned not more than 5 years, or both.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
27 of title 18, United States Code, is amended by adding at the end the 
following:

``556. False certifications relating to exports.''.

       TITLE III--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

Subtitle A--Strengthening Extradition To Ensure International Criminals 
                         Are Brought to Justice

SEC. 3101. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST TREATY.

    Chapter 209 of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 3197. Extradition for offenses not covered by a list treaty
    ``(a) Serious Offense Defined.--In this section, the term `serious 
offense' means conduct that would be--
            ``(1) an offense described in any multilateral treaty to 
        which the United States is a party that obligates parties--
                    ``(A) to extradite alleged offenders found in the 
                territory of the parties; or
                    ``(B) submit the case to the competent authorities 
                of the parties for prosecution; or
            ``(2) conduct that, if that conduct occurred in the United 
        States, would constitute--
                    ``(A) a crime of violence (as defined in section 
                16);
                    ``(B) the distribution, manufacture, importation or 
                exportation of a controlled substance (as defined in 
                section 201 of the Controlled Substances Act (21 U.S.C. 
                802);
                    ``(C) bribery of a public official; 
                misappropriation, embezzlement or theft of public funds 
                by or for the benefit of a public official;
                    ``(D) obstruction of justice, including payment of 
                bribes to jurors or witnesses;
                    ``(E) the laundering of monetary instruments, as 
                described in section 1956, if the value of the monetary 
                instruments involved exceeds $100,000;
                    ``(F) fraud, theft, embezzlement, or commercial 
                bribery if the aggregate value of property that is the 
                object of all of the offenses related to the conduct 
                exceeds $100,000;
                    ``(G) counterfeiting, if the obligations, 
                securities or other items counterfeited, have an 
                apparent value that exceeds $100,000;
                    ``(H) a conspiracy or attempt to commit any of the 
                offenses described in any of subparagraphs (A) through 
                (G), or aiding and abetting a person who commits any 
                such offense; or
                    ``(I) a crime against children under chapter 109A 
                or section 2251, 2251A, 2252, or 2252A.
    ``(b) Authorization of Filing.--
            ``(1) In general.--If a foreign government makes a request 
        for the extradition of a person who is charged with or has been 
        convicted of an offense within the jurisdiction of that foreign 
        government, and an extradition treaty between the United States 
        and the foreign government is in force, but the treaty does not 
        provide for extradition for the offense with which the person 
        has been charged or for which the person has been convicted, 
        the Attorney General may authorize the filing of a complaint 
        for extradition pursuant to subsections (c) and (d).
            ``(2) Filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                paragraph (1) shall be filed pursuant to section 3184.
                    ``(B) Procedures.--With respect to a complaint 
                filed under paragraph (1), the procedures contained in 
                sections 3184 and 3186 and the terms of the relevant 
                extradition treaty shall apply as if the offense were a 
                crime provided for by the treaty, in a manner 
                consistent with section 3184.
    ``(c) Criteria for Authorization of Complaints.--
            ``(1) In general.--The Attorney General may authorize the 
        filing of a complaint under subsection (b) only upon a 
        certification--
                    ``(A) by the Attorney General, that in the judgment 
                of the Attorney General--
                            ``(i) the offense for which extradition is 
                        sought is a serious offense; and
                            ``(ii) submission of the extradition 
                        request would be important to the law 
                        enforcement interests of the United States or 
                        otherwise in the interests of justice; and
                    ``(B) by the Secretary of State, that in the 
                judgment of the Secretary of State, submission of the 
                request would be consistent with the foreign policy 
                interests of the United States.
            ``(2) Factors for consideration.--In making any 
        certification under paragraph (1)(B), the Secretary of State 
        may consider whether the facts and circumstances of the request 
        then known appear likely to present any significant impediment 
        to the ultimate surrender of the person who is the subject of 
        the request for extradition, if that person is found to be 
        extraditable.
            ``(3) Limitation on judicial review.--Any decision or 
        exercise of authority by the Attorney General or the Secretary 
        of State pursuant to this subsection shall not be subject to 
        judicial review.
    ``(d) Cases of Urgency.--
            ``(1) In general.--In any case of urgency, the Attorney 
        General may, with the concurrence of the Secretary of State and 
        before any formal certification under subsection (c), authorize 
        the filing of a complaint seeking the provisional arrest and 
        detention of the person sought for extradition before 
the receipt of documents or other proof in support of the request for 
extradition.
            ``(2) Applicability of relevant treaty.--With respect to a 
        case described in paragraph (1), a provision regarding 
        provisional arrest in the relevant treaty shall apply.
            ``(3) Filing and effect of filing of complaints.--
                    ``(A) In general.--A complaint authorized under 
                this subsection shall be filed in the same manner as 
                provided in section 3184.
                    ``(B) Issuance of orders.--Upon the filing of a 
                complaint under this subsection, the appropriate 
                judicial officer may issue an order for the provisional 
                arrest and detention of the person as provided in 
                section 3184.
    ``(e) Conditions of Surrender; Assurances.--
            ``(1) In general.--Before issuing a warrant of surrender 
        under section 3184 or 3186, the Secretary of State may--
                    ``(A) impose conditions upon the surrender of the 
                person that is the subject of the warrant; and
                    ``(B) require those assurances of compliance with 
                those conditions, as are determined by the Secretary to 
                be appropriate.
            ``(2) Additional assurances.--
                    ``(A) In general.--In addition to imposing 
                conditions and requiring assurances under paragraph 
                (1), the Secretary of State shall demand, as a 
                condition of the extradition of the person in every 
                case, an assurance described in subparagraph (B) that 
                the Secretary determines to be satisfactory.
                    ``(B) Description of assurances.--An assurance 
                described in this subparagraph is an assurance that the 
                person that is sought for extradition shall not be 
                tried or punished for an offense other than that for 
                which the person has been extradited, absent the 
                consent of the United States.''.

SEC. 3102. EXTRADITION ABSENT A TREATY.

    Chapter 209 of title 18, United States Code, as amended by section 
3101 of this Act, is amended by adding at the end the following:
``Sec. 3198. Extradition absent a treaty
    ``(a) Serious Offense Defined.--In this section, the term `serious 
offense' has the meaning given that term in section 3197(a).
    ``(b) Authorization of Filing.--
            ``(1) In general.--If a foreign government makes a request 
        for the extradition of a person who is charged with or has been 
        convicted of an offense within the jurisdiction of that foreign 
        government, and no extradition treaty is in force between the 
        United States and the foreign government, the Attorney General 
        may authorize the filing of a complaint for extradition 
        pursuant to subsections (c) and (d).
            ``(2) Filing and treatment of complaints.--
                    ``(A) In general.--A complaint authorized under 
                paragraph (1) shall be filed pursuant to section 3184.
                    ``(B) Procedures.--With respect to a complaint 
                filed under paragraph (1), procedures of sections 3184 
                and 3186 shall be followed as if the offense were a 
                `crime provided for by such treaty' as described in 
                section 3184.
    ``(c) Criteria for Authorization of Complaints.--The Attorney 
General may authorize the filing of a complaint described in subsection 
(b) only upon a certification--
            ``(1) by the Attorney General, that in the judgment of the 
        Attorney General--
                    ``(A) the offense for which extradition is sought 
                is a serious offense; and
                    ``(B) submission of the extradition request would 
                be important to the law enforcement interests of the 
                United States or otherwise in the interests of justice; 
                and
            ``(2) by the Secretary of State, that in the judgment of 
        the certifying official, based on information then known--
                    ``(A) submission of the request would be consistent 
                with the foreign policy interests of the United States;
                    ``(B) the facts and circumstances of the request, 
                including humanitarian considerations, do not appear 
                likely to present a significant impediment to the 
                ultimate surrender of the person if found extraditable; 
                and
                    ``(C) the foreign government submitting the request 
                is not submitting the request in order to try or punish 
                the person sought for extradition primarily on the 
                basis of the race, religion, nationality, or political 
                opinions of that person.
    ``(d) Limitations on Delegation and Judicial Review.--
            ``(1) Delegation by attorney general; judicial review.--The 
        authorities and responsibilities of the Attorney General under 
        subsection (c) may be delegated only to the Deputy Attorney 
        General.
            ``(2) Delegation.--The authorities and responsibilities of 
        the Secretary of State set forth in this subsection may be 
        delegated only to the Deputy Secretary of State.
            ``(3) Limitation on judicial review.--The authorities and 
        responsibilities set forth in this subsection are not subject 
        to judicial review.
    ``(e) Cases of Urgency.--
            ``(1) In general.--In any case of urgency, the Attorney 
        General may, with the concurrence of the Secretary of State and 
        before any formal certification under subsection (c), authorize 
        the filing of a complaint seeking the provisional arrest and 
        detention of the person sought for extradition before the 
        receipt of documents or other proof in support of the request 
        for extradition.
            ``(2) Filing of complaints; order by judicial officer.--
                    ``(A) Filing.--A complaint filed under this 
                subsection shall be filed in the same manner as 
                provided in section 3184.
                    ``(B) Orders.--Upon the filing of a complaint under 
                subparagraph (A), the appropriate judicial officer may 
                issue an order for the provisional arrest and detention 
                of the person.
                    ``(C) Releases.--If, not later than 45 days after 
                the arrest, the formal request for extradition and 
                documents in support of that are not received by the 
                Department of State, the appropriate judicial officer 
                may order that a person detained pursuant to this 
                subsection be released from custody.
    ``(f) Hearings.--
            ``(1) In general.--Subject to subsection (h), upon the 
        filing of a complaint for extradition and receipt of documents 
        or other proof in support of the request of a foreign 
        government for extradition, the appropriate judicial officer 
        shall hold a hearing to determine whether the person sought for 
        extradition is extraditable.
            ``(2) Criteria for extradition.--Subject to subsection (g) 
        in a hearing conducted under paragraph (1), the judicial 
        officer shall find a person extraditable if the officer finds--
                    ``(A) probable cause to believe that the person 
                before the judicial officer is the person sought in the 
                foreign country of the requesting foreign government;
                    ``(B) probable cause to believe that the person 
                before the judicial officer committed the offense for 
                which that person is sought, or was duly convicted of 
                that offense in the foreign country of the requesting 
                foreign government;
                    ``(C) that the conduct upon which the request for 
                extradition is based, if that conduct occurred within 
                the United States, would be a serious offense 
                punishable by imprisonment for more than 10 years under 
                the laws of--
                            ``(i) the United States;
                            ``(ii) the majority of the States in the 
                        United States; or
                            ``(iii) of the State in which the fugitive 
                        is found; and
                    ``(D) no defense to extradition under subsection 
                (f) has been established.
    ``(g) Limitation of Extradition.--
            ``(1) In general.--A judicial officer shall not find a 
        person extraditable under this section if the person has 
        established that the offense for which extradition is sought 
        is--
                    ``(A) an offense for which the person is being 
                proceeded against, or has been tried or punished, in 
                the United States; or
                    ``(B) a political offense.
            ``(2) Political offenses.--For purposes of this section, a 
        political offense does not include--
                    ``(A) a murder or other violent crime against the 
                person of a head of state of a foreign state, or of a 
                member of the family of the head of state;
                    ``(B) an offense for which both the United States 
                and the requesting foreign government have the 
                obligation pursuant to a multilateral international 
                agreement to--
                            ``(i) extradite the person sought; or
                            ``(ii) submit the case to the competent 
                        authorities for decision as to prosecution; or
                    ``(C) a conspiracy or attempt to commit any of the 
                offenses referred to in subparagraph (A) or (B), or 
                aiding or abetting a person who commits or attempts to 
                commit any such offenses.
    ``(h) Limitations on Factors for Consideration at Hearings.--
            ``(1) In general.--At a hearing conducted under subsection 
        (a), the judicial officer conducting the hearing shall not 
        consider issues regarding--
                    ``(A) humanitarian concerns;
                    ``(B) the nature of the judicial system of the 
                requesting foreign government; and
                    ``(C) whether the foreign government is seeking 
                extradition of a person for the purpose of prosecuting 
                or punishing the person because of the race, religion, 
                nationality or political opinions of that person.
            ``(2) Consideration by secretary of state.--The issues 
        referred to in paragraph (1) shall be reserved for 
        consideration exclusively by the Secretary of State as 
        described in subsection (c)(2).
            ``(3) Additional consideration.--Notwithstanding the 
        certification requirements described in subsection (c)(2), the 
        Secretary of State may, within the sole discretion of the 
        Secretary--
                    ``(A) in addition to considering the issues 
                referred to in paragraph (1) for purposes of certifying 
                the filing of a complaint under this section, consider 
                those issues again in exercising authority to surrender 
                the person sought for extradition in carrying out the 
                procedures under section 3184 and 3186; and
                    ``(B) impose conditions on surrender including 
                those provided in subsection (i).
    ``(i) Conditions of Surrender; Assurances.--
            ``(1) In general.--The Secretary of State may--
                    ``(A) impose conditions upon the surrender of a 
                person sought for extradition under this section; and
                    ``(B) require such assurances of compliance with 
                those conditions, as the Secretary determines to be 
                appropriate.
            ``(2) Additional assurances.--In addition to imposing 
        conditions and requiring assurances under paragraph (1), the 
        Secretary shall demand, as a condition of the extradition of 
        the person that is sought for extradition--
                    ``(A) in every case, an assurance the Secretary 
                determines to be satisfactory that the person shall not 
                be tried or punished for an offense other than the 
                offense for which the person has been extradited, 
                absent the consent of the United States; and
                    ``(B) in a case in which the offense for which 
                extradition is sought is punishable by death in the 
                foreign country of the requesting foreign government 
                and is not so punishable under the applicable laws in 
                the United States, an assurance the Secretary 
                determines to be satisfactory that the death penalty--
                            ``(i) shall not be imposed; or
                            ``(ii) if imposed, shall not be carried 
                        out.''.

SEC. 3103. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--Chapter 309 of title 18, United States Code, is 
amended--
            (1) in section 3181, by inserting ``, other than sections 
        3197 and 3198,'' after ``The provisions of this chapter'' each 
        place that term appears; and
            (2) in section 3186, by striking ``or 3185'' and inserting 
        ``, 3185, 3197 or 3198''.
    (b) Chapter Analysis.--The analysis for chapter 209 of title 18, 
United States Code, is amended by adding at the end the following:

``3197. Extradition for offenses not covered by a list treaty.
``3198. Extradition absent a treaty.''.

  Subtitle B--Strengthening Immigration Laws To Exclude International 
                    Criminals From the United States

SEC. 3201. INADMISSIBILITY OF PERSONS FLEEING PROSECUTION IN OTHER 
              COUNTRIES.

    (a) New Grounds of Inadmissibility.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
adding at the end the following:
                    ``(G) Unlawful flight to avoid prosecution.--Any 
                alien who is coming to the United States solely, 
                principally, or incidentally to avoid lawful 
                prosecution in a foreign country for a crime involving 
                moral turpitude (other than a purely political offense) 
                is inadmissible.''.
    (b) Countries to Which Aliens May Be Removed.--Section 241(b) of 
the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by 
adding at the end the following:
            ``(4) Aliens sought for prosecution.--Notwithstanding 
        paragraphs (1) and (2) of this subsection, any alien who is 
        found removable under section 212(a)(2)(G) (or section 
        212(a)(2)(G) as applied pursuant to section 237(a)(1)(A)), 
        shall be removed to the country seeking prosecution of that 
        alien unless, in the discretion of the Attorney General, the 
        removal is determined to be impracticable, inadvisable, or 
        impossible. In that case, removal shall be directed according 
        to paragraphs (1) and (2) of this subsection.''.

SEC. 3202. INADMISSIBILITY OF PERSONS INVOLVED IN RACKETEERING AND ARMS 
              TRAFFICKING.

    (a) New Grounds of Inadmissibility.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at 
the end the following:
                    ``(H) Racketeering activities.--Any alien is 
                inadmissible if the consular officer or the Attorney 
                General knows or has reason to believe that the alien--
                            ``(i) is or has been engaged in activities 
                        that, if engaged in within the United States, 
                        would constitute `pattern of racketeering 
                        activity' (as defined in section 1961 of title 
                        18, United States Code) or has been a knowing 
                        assister, abettor, conspirator, or colluder 
                        with others in any such illicit activity; or
                            ``(ii) is the spouse, son, or daughter of 
                        an alien inadmissible under clause (i), has, 
                        during the preceding 5-year period, obtained 
                        any financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of the illicit 
                        activity.
                    ``(I) Trafficking in firearms or nuclear or 
                explosive materials.--Any alien inadmissible if the 
                consular officer or the Attorney General knows or has 
                reason to believe that the alien--
                            ``(i) is or has been engaged in illicit 
                        trafficking of firearms (as defined in section 
                        921 of title 18, United States Code), nuclear 
                        materials (as defined in section 831 of title 
                        18, United States Code), or explosive materials 
                        (as defined in section 841 of title 18, United 
                        States Code); or has been a knowing assister, 
                        abettor, conspirator, or colluder with others 
                        in the illicit activity; or
                            ``(ii) is the spouse, son, or daughter of 
                        an alien inadmissible under clause (i), has, 
                        during the preceding 5-year period, obtained 
                        any financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of the illicit 
                        activity.''.
    (b) Waiver Authority.--Section 212(h) of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended, in the matter preceding 
paragraph (1)--
            (1) by striking ``The Attorney General'' and all that 
        follows through ``of subsection (a)(2)'' and inserting the 
        following: ``The Attorney General may, as a matter of 
        discretion, waive the application of subparagraphs (A)(i)(I), 
        (B), (C)(ii), (D), (E), (H)(ii), and (I)(ii) of subsection 
        (a)(2),''; and
            (2) by inserting before ``if--'' the following: ``, and 
        subparagraph (H)(i) of that subsection insofar as it relates to 
        an offense other than an aggravated felony''.

SEC. 3203. INADMISSIBILITY OF PERSONS WHO HAVE BENEFITED FROM ILLICIT 
              ACTIVITIES OF DRUG TRAFFICKERS.

    Section 212(a)(2)(C) of the Immigration and Nationality Act (8 
U.S.C.1182 (a)(2)(C)) is amended to read as follows:
                    ``(C) Controlled substance traffickers.--Any alien 
                is inadmissible if the consular officer or the Attorney 
                General knows or has reason to believe that the alien--
                            ``(i) is or has been an illicit trafficker 
                        in any controlled substance or in any listed 
                        chemical or listed precursor chemical (as 
                        defined in section 102 of the Controlled 
                        Substances Act (21 U.S.C. 802)), or is or has 
                        been a knowing assister, abettor, conspirator, 
                        or colluder with others in the illicit 
                        trafficking in any such controlled or listed 
                        substance or chemical; or
                            ``(ii) is the spouse, son, or daughter of 
                        an alien inadmissible under clause (i), has, 
                        during the preceding 5-year period, obtained 
                        any financial or other benefit from the illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of the illicit 
                        activity.''.

SEC. 3204. INADMISSIBILITY OF PERSONS INVOLVED IN INTERNATIONAL ALIEN 
              SMUGGLING.

    Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) 
is amended--
            (1) in subsection (a)(6), by striking subparagraph (E) and 
        inserting the following:
                    ``(E) Smugglers.--Any alien is inadmissible if, at 
                any time, the alien has knowingly encouraged, induced, 
                assisted, abetted, or aided any other alien--
                            ``(i) to enter or try to enter the United 
                        States in violation of law; or
                            ``(ii) to enter or try to enter any other 
                        country, if that alien knew or reasonably 
                        should have known that the entry or attempted 
                        entry was likely to be in furtherance of the 
                        entry or attempted entry by that alien into the 
                        United States in violation of law.''; and
            (2) in subsection (d)(11), by inserting ``or to enter any 
        other country in furtherance of an entry or attempted entry 
        into the United States in violation of law'' before the period 
        at the end.

   Subtitle C--Additional Tools To Deny Safe Haven to International 
                               Criminals

SEC. 3301. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION.

    (a) In General.--Chapter 306 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4116. Temporary transfer for prosecution
    ``(a) State Defined.--In this section, the term `State' includes a 
State of the United States, the District of Columbia, and a 
commonwealth, territory, or possession of the United States.
    ``(b) Authority of Attorney General With Respect to Temporary 
Transfers.--
            ``(1) In general.--Subject to subsection (d), if a person 
        is in pretrial detention or is otherwise being held in custody 
        in a foreign country based upon a violation of the law in that 
        foreign country, and that person is found extraditable to the 
        United States by the competent authorities of that foreign 
        country while still in the pretrial detention or custody, the 
        Attorney General shall have the authority--
                    ``(A) to request the temporary transfer of that 
                person to the United States in order to face 
                prosecution in a Federal or State criminal proceeding;
                    ``(B) to maintain the custody of that person while 
                the person is in the United States; and
                    ``(C) to return that person to the foreign country 
                at the conclusion of the criminal prosecution, 
                including any imposition of sentence.
            ``(2) Requirements for requests by attorney general.--The 
        Attorney General shall make a request under paragraph (1) only 
        if the Attorney General determines, after consultation with the 
        Secretary of State, that the return of that person to the 
        foreign country in question would be consistent with 
        international obligations of the United States.
            ``(3) Limitation on judicial review.--Any decision or 
        exercise of authority by the Attorney General under this 
        subsection shall not be subject to judicial review.
    ``(c) Authority of Attorney General With Respect to Pretrial 
Detentions.--
            ``(1) In general.--
                    ``(A) Authority of attorney general.--Subject to 
                paragraph (2) and subsection (d), the Attorney General 
                shall have the authority to carry out the actions 
                described in subparagraph (B), if--
                            ``(i) a person is in pretrial detention or 
                        is otherwise being held in custody in the 
                        United States based upon a violation of Federal 
                        or State law, and that person is found 
                        extraditable to a foreign country while still 
                        in the pretrial detention or custody pursuant 
                        to section 3184, 3197, or 3198; and
                            ``(ii) a determination is made by the 
                        Secretary of State and the Attorney General 
                        that the person will be surrendered.
                    ``(B) Actions.--If the conditions described in 
                subparagraph (A) are met, the Attorney General shall 
                have the authority to--
                            ``(i) temporarily transfer the person 
                        described in subparagraph (A) to the foreign 
                        country of the foreign government requesting 
                        the extradition of that person in order to face 
                        prosecution;
                            ``(ii) transport that person from the 
                        United States in custody; and
                            ``(iii) return that person in custody to 
                        the United States from the foreign country.
            ``(2) Consent by state authorities.--If the person is being 
        held in custody for a violation of State law, the Attorney 
        General may exercise the authority described in paragraph (1) 
        if the appropriate State authorities give their consent to the 
        Attorney General.
            ``(3) Criterion for request.--The Attorney General shall 
        make a request under paragraph (1) only if the Attorney General 
        determines, after consultation with the Secretary of State, 
        that the return of the person sought for extradition to the 
        foreign country of the foreign government requesting the 
        extradition would be consistent with United States 
        international obligations.
            ``(4) Judicial review.--Any decision or exercise of 
        authority by the Attorney General under this subsection shall 
        not be subject to judicial review.
            ``(5) Effect of temporary transfer.--With regard to any 
        person in pretrial detention--
                    ``(A) a temporary transfer under this subsection 
                shall result in an interruption in the pretrial 
                detention status of that person; and
                    ``(B) the right to challenge the conditions of 
                confinement pursuant to section 3142(f) does not extend 
                to the right to challenge the conditions of confinement 
                in a foreign country while in that foreign country 
                temporarily under this subsection.
    ``(d) Consent by Parties To Waive Prior Finding of Whether a Person 
Is Extraditable.--The Attorney General may exercise the authority 
described in subsections (b) and (c) absent a prior finding that the 
person in custody is extraditable, if the person, any appropriate State 
authorities in a case under subsection (c), and the requesting foreign 
government give their consent to waive that requirement.
    ``(e) Return of Persons.--
            ``(1) In general.--If the temporary transfer to or from the 
        United States of a person in custody for the purpose of 
        prosecution is provided for by this section, that person shall 
        be returned to the United States or to the foreign country from 
        which the person is transferred on completion of the 
        proceedings upon which the transfer was based.
            ``(2) Statutory interpretation with respect to immigration 
        laws.--In no event shall the return of a person under paragraph 
        (1) require extradition proceedings or proceedings under the 
        immigration laws.
            ``(3) Certain rights and remedies barred.--Notwithstanding 
        any other provision of law, a person temporarily transferred to 
        the United States pursuant to this section shall not be 
        entitled to apply for or obtain any right or remedy under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
        including the right to apply for or be granted asylum or 
        withholding of deportation.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
306 of title 18, United States Code, is amended by adding at the end 
the following:

``4116. Temporary transfer for prosecution.''.

SEC. 3302. PROHIBITING FUGITIVES FROM BENEFITING FROM FUGITIVE STATUS.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2466. Fugitive disentitlement
    ``A person may not use 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 the jurisdiction of the United 
        States;
            ``(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.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
163 of title 28, United States Code, is amended by adding at the end 
the following:

``2466. Fugitive disentitlement.''.

SEC. 3303. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN COUNTRY 
              OF ORIGIN.

    Section 4100(b) of title 18, United States Code, is amended in the 
third sentence by inserting ``, unless otherwise provided by treaty,'' 
before ``an offender''.

SEC. 3304. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN COUNTRIES.

    (a) In General.--Chapter 305 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4087. Transit through the United States of persons wanted in a 
              foreign country
    ``(a) In General.--The Attorney General may, in consultation with 
the Secretary of State, permit the temporary transit through the United 
States of a person wanted for prosecution or imposition of sentence in 
a foreign country.
    ``(b) Limitation on Judicial Review.--A determination by the 
Attorney General to permit or not to permit a temporary transit 
described in subsection (a) shall not be subject to judicial review.
    ``(c) Custody.--If the Attorney General permits a temporary transit 
under subsection (a), Federal law enforcement personnel may hold the 
person subject to that transit in custody during the transit of the 
person through the United States.
    ``(d) Conditions Applicable to Persons Subject to Temporary 
Transit.--Notwithstanding any other provision of law, a person who is 
subject to a temporary transit through the United States under this 
section shall--
            ``(1) be required to have only such documents as the 
        Attorney General shall require;
            ``(2) not be considered to be admitted or paroled into the 
        United States; and
            ``(3) not be entitled to apply for or obtain any right or 
        remedy under the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.), including the right to apply for or be granted asylum 
        or withholding of deportation.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
305 of title 18, United States Code, is amended by adding at the end 
the following:

``4087. Transit through the United States of persons wanted in a 
                            foreign country.''.

 TITLE IV--SEIZING AND FORFEITING THE ASSETS OF INTERNATIONAL CRIMINALS

SEC. 4001. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY LAUNDERING 
              ORDERS.

    (a) Reporting Violations.--Section 5324(a) of title 31, United 
States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        or the reporting requirements imposed by an order issued 
        pursuant to section 5326'' after ``any such section''; and
            (2) in each of paragraphs (1) and (2), by inserting ``, or 
        a report required under any order issued pursuant to section 
        5326'' before the semicolon.
    (b) Penalties.--Sections 5321(a)(1), 5322(a), and 5322(b) of title 
31, United States Code, are each amended by inserting ``or order 
issued'' after ``or a regulation prescribed'' each place that term 
appears.

SEC. 4002. SEARCH OF MAIL.

    (a) In General.--Part V of title IV of the Tariff Act of 1930 (19 
U.S.C. 1581 et seq.) is amended by inserting after section 582 the 
following:

``SEC. 583. SEARCH OF MAIL.

    ``(a) Definitions.--In this section:
            ``(1) Customs laws of the united states.--The term `customs 
        laws of the United States' means any law enforced or 
        administered by the Customs Service, including any law listed 
        in subsection (c)(3) or any related provision.
            ``(2) Mail sealed against inspection.--The term `mail 
        sealed against inspection' includes mail described in section 
        145.1 (b) or (c) of title 19, Code of Federal Regulations.
    ``(b) Search of Mail.--In order to assure compliance with and 
enforce the customs laws of the United States, a customs officer may 
stop and search mail originating in the United States that is addressed 
to a location outside of the United States in accordance with 
regulations prescribed by the Secretary of Treasury pursuant to this 
section.
    ``(c) Regulations.--The regulations prescribed pursuant to 
subsection (b) shall meet the following requirements:
            ``(1) Search by customs officers.--Except as provided in 
        paragraph (3)(C), examination and search of mail conducted 
        pursuant to this section shall be by customs officers.
            ``(2) Unsealed and certain other mail.--Mail may be 
        examined and searched pursuant to this section if it--
                    ``(A) is not sealed against inspection under the 
                postal laws of the United States;
                    ``(B) bears a customs declaration; or
                    ``(C) is mail with respect to which the sender or 
                addressee has given written consent for such 
                examination or search.
            ``(3) Sealed mail.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), mail sealed against inspection under the postal 
                laws of the United States may be examined and searched 
                if there is reasonable cause to suspect that such mail 
                contains--
                            ``(i) a monetary instrument (as defined in 
                        section 5312 of title 31, United States Code);
                            ``(ii) a weapon of mass destruction (as 
                        defined in section 2332a of title 18, United 
                        States Code);
                            ``(iii) a drug or other substance listed in 
                        schedule I, II, III, or IV of section 202 of 
                        the Controlled Substances Act (21 U.S.C. 812);
                            ``(iv) any merchandise mailed in violation 
                        of section 1715 or 1716 of title 18, United 
                        States Code;
                            ``(v) any merchandise mailed in violation 
                        of chapter 71 of title 18, United States Code;
                            ``(vi) any merchandise mailed in violation 
                        of the Export Administration Act (50 U.S.C. 
                        App. 2401 et seq.);
                            ``(vii) any merchandise mailed in violation 
                        of section 38 of the Arms Export Control Act 
                        (22 U.S.C. 2778);
                            ``(viii) any merchandise mailed in 
                        violation of the International Emergency 
                        Economic Powers Act (50 U.S.C. 1701 et seq.); 
                        or
                            ``(ix) any merchandise mailed in violation 
                        of the Trading With the Enemy Act (50 U.S.C. 
                        App. 1 et seq.).
                    ``(B) Limitations.--A person examining or searching 
                mail pursuant to this section may not read, or 
                authorize any other person to read, any correspondence 
                contained in mail described in subparagraph (A), 
                unless--
                            ``(i) a search warrant has been issued 
                        pursuant to rule 41, Federal Rules of Criminal 
                        Procedure, which permits such reading; or
                            ``(ii) the sender or addressee of such mail 
                        has given written consent for such reading.
                    ``(C) Procedures.--The examination and search of 
                mail under this paragraph shall be conducted pursuant 
                to an agreement entered into between the Department of 
                the Treasury and the United States Postal Service, in 
                the presence of employees of the Department of the 
                Treasury (including a customs officer) and the United 
                States Postal Service, and in a manner that does not 
unduly delay the movement of the mail.''.
    (b) Mail Classification.--Section 3623(d) of title 39, United 
States Code, is amended by inserting ``or pursuant to section 583 of 
the Tariff Act of 1930'' before the period at the end.

SEC. 4003. FORFEITURE.

    (a) Forfeiture of Proceeds of Foreign Crimes.--Section 981(a)(1)(B) 
of title 18, United States Code, is amended by inserting ``or involving 
any other conduct described in section 1956(c)(7)(D),'' after 
``Controlled Substances Act),''.
    (b) Forfeiture of Property Used To Commit Drug Crimes Abroad.--
Section 981(a)(1)(B) of title 18, United States Code, is amended by 
inserting ``, or any property used to facilitate an offense described 
in subparagraph (i)'' before the period at the end.
    (c) Forfeiture of Property Used To Violate Federal Explosives 
Laws.--
            (1) In general.--Section 981(a)(1) of title 18, United 
        States Code, is amended by adding at the end the following:
            ``(G) Any conveyance, chemical, laboratory equipment, or 
        other material, article, apparatus, device, or thing made, 
        possessed, fitted, used, or intended to be used to commit a 
        violation of subsection (a)(1), (a)(3), (b), (c), (d), (h), 
        (i), (l), (m), or (n) of section 842, or any of subsections (d) 
        through (m) of section 844, or a conspiracy to commit any such 
        offense, and any property traceable to any such item.''.
            (2) Conforming amendment.--Section 982(a) of title 18, 
        United States Code, is amended by adding at the end the 
        following:
            ``(6) In imposing a sentence on a person convicted of an 
        offense punishable for a violation of chapter 40, or a 
        conspiracy to commit such an offense, the court shall order the 
        person to forfeit to the United States any--
                    ``(A) conveyance, chemical, laboratory equipment, 
                or other material, article, apparatus, device, or thing 
                made, possessed, fitted, used, or intended to be used 
                to commit such offense; and
                    ``(B) property traceable to any item described in 
                subparagraph (A).''

SEC. 4004. CRACKING DOWN ON ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Civil Forfeiture for Money Transmitting Violation.--Section 
981(a)(1)(A) of title 18, United States Code, is amended by striking 
``or 1957'' and inserting ``, 1957, or 1960''.
    (b) Scienter Requirement for Section 1960 Violation.--Section 1960 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(c) Scienter Requirement.--For the purposes of proving a 
violation of this section involving an illegal money transmitting 
business (as defined in subsection (b)(1)(A))--
            ``(1) it shall be sufficient for the government to prove 
        that the defendant knew that the money transmitting business 
        lacked a license required by State law; and
            ``(2) it shall not be necessary to show that the defendant 
        knew that the operation of such a business without the required 
        license was an offense punishable as a felony or misdemeanor 
        under State law.''.

SEC. 4005. ENHANCING PROSECUTIONS IN INTERNATIONAL DRUG AND MONEY 
              LAUNDERING CASES.

    Section 981 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(k) Rebuttable Presumptions.--
            ``(1) In general.--At the trial of an action brought 
        pursuant to subsection (a)(1)(B), there is a presumption, 
        governed by Rule 301 of the Federal Rules of Evidence, that the 
        property is subject to forfeiture if the United States 
        establishes, by a preponderance of the evidence, that the 
        property was acquired during a period of time in which the 
        person who acquired the property was engaged in an offense 
        against a foreign nation described in subsection (a)(1)(B) or 
        within a reasonable time after that period, and there was no 
        likely source for the property other than the offense.
            ``(2) Other offenses.--At the trial of an action brought 
        pursuant to subsection (a)(1)(A), there is a presumption, 
        governed by Rule 301 of the Federal Rules of Evidence, that the 
        property was involved in a violation of section 1956 or 1957, 
        if the United States establishes, by a preponderance of the 
        evidence, any 3 or more of the following factors:
                    ``(A) The property constitutes or is traceable to 
                more than $10,000 that has been or was intended to be 
                transported, transmitted or transferred to or from a 
                major drug transit country, a major illicit drug 
                producing country, or a major money laundering country, 
                as those terms are determined pursuant to 
sections 481(e) and 490(h) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2291(e) and 2291j(h)).
                    ``(B) The transaction giving rise to the forfeiture 
                occurred in part in a foreign country whose bank 
                secrecy laws have rendered the United States unable to 
                obtain records relating to the transaction by judicial 
                process, treaty or executive agreement.
                    ``(C) A person more than minimally involved in the 
                transaction giving rise to the forfeiture action has 
                been convicted in any Federal, State, or foreign 
                jurisdiction of a felony offense involving money 
                laundering or the manufacture, importation, sale or 
                distribution of a controlled substance, or is a 
                fugitive from prosecution for any such offense.
                    ``(D) The transaction giving rise to the forfeiture 
                action was conducted by, to, or through a shell 
                corporation not engaged in any legitimate business 
                activity in the United States.
            ``(3) Shell corporation defined.--In this subsection, the 
        term `shell corporation' means any corporation that does not 
        conduct any ongoing and significant commercial or manufacturing 
        business or any other form of commercial operation.
            ``(4) Other presumptions.--The enumeration of presumptions 
        in this subsection shall not preclude the development of other 
        judicially created presumptions.''.

SEC. 4006. SEIZURE OF ASSETS OF PERSONS ARRESTED ABROAD.

    Section 981(b) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3)(A) If any person is arrested or charged in a foreign country 
in connection with an offense that would give rise to the forfeiture of 
property in the United States under this section or under the 
Controlled Substances Act, the Attorney General may apply to any 
Federal judge or magistrate judge in the district in which the property 
is located for an ex parte order restraining the property subject to 
forfeiture for not more than 30 days, except that the time may be 
extended for good cause shown at a hearing conducted in the manner 
provided in Rule 43(e), Federal Rules of Civil Procedure.
    ``(B) An application for a restraining order under subparagraph (A) 
shall--
            ``(i) set forth the nature and circumstances of the foreign 
        charges and the basis for belief that the person arrested or 
        charged has property in the United States that would be subject 
        to forfeiture; and
            ``(ii) contain a statement that the restraining order is 
        necessary to preserve the availability of property for such 
        time as is necessary to receive evidence from the foreign 
        country or elsewhere in support of probable cause for the 
        seizure of the property under this subsection.''.

SEC. 4007. ACCESS TO FINANCIAL RECORDS IN BANK SECRECY JURISDICTIONS.

    Section 986 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Access to Financial Records in Bank Secrecy Jurisdictions.--
            ``(1) In general.--In any civil forfeiture case, or in any 
        ancillary proceeding in any criminal forfeiture case governed 
        by section 413(n) of the Controlled Substances Act (21 U.S.C. 
        853(n)), the refusal of a claimant to provide financial records 
        located in a foreign country in response to a discovery 
        request, or to take the action otherwise necessary to make 
        those records available, shall result in the dismissal of the 
        claim with prejudice, if--
                    ``(A) the records may be material--
                            ``(i) to any claim or to the ability of the 
                        government to respond to the claim; or
                            ``(ii) in a civil forfeiture case, to the 
                        ability of the government to establish the 
                        forfeitability of the property; and
                    ``(B) it is within the capacity of the claimant to 
                waive the rights of the claimant under those secrecy 
                laws, or to obtain the records himself or herself, so 
                that the records can be made available.
            ``(2) Protection of constitutional privileges.--Nothing in 
        this subsection may be construed to affect the right of a 
        claimant to refuse production on the basis of any privilege 
        guaranteed by the Constitution of the United States or by any 
        other provision of Federal law.''.

SEC. 4008. EXPANDING CIVIL MONEY LAUNDERING LAWS TO REACH FOREIGN 
              PERSONS.

    Section 1956(b) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' after ``(b)''; and
            (3) by adding at the end the following:
    ``(2) For purposes of adjudicating an action filed or enforcing a 
penalty ordered under this section, the district courts shall have 
jurisdiction over any foreign person, including any financial 
institution registered in a foreign country, that commits an offense 
under subsection (a) involving a financial transaction that occurs in 
whole or in part in the United States, if service of process upon the 
foreign person is made in accordance with the Federal Rules of Civil 
Procedure or the law of the foreign country in which the foreign person 
is found.
    ``(3) The court may issue a pretrial restraining order or take any 
other action necessary to ensure that any bank account or other 
property held by the defendant in the United States is available to 
satisfy a judgment under this section.''.

SEC. 4009. PUNISHMENT OF MONEY LAUNDERING THROUGH FOREIGN BANKS.

    Section 1956(c)(6) of title 18, United States Code, is amended to 
read as follows:
            ``(6) the term `financial institution' includes any 
        financial institution described in section 5312(a)(2) of title 
        31, United States Code, or the regulations promulgated 
        thereunder, as well as any foreign bank (as defined in section 
        1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 
        3101(7));''.

SEC. 4010. ADDITION OF SERIOUS FOREIGN CRIMES TO LIST OF MONEY 
              LAUNDERING PREDICATES.

    Section 1956(c)(7) of title 18, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) by striking clause (ii) and inserting the 
                following:
                            ``(ii) any act or acts constituting a crime 
                        of violence;''; and
                    (B) by adding at the end the following:
                            ``(iv) fraud, or any scheme to defraud, 
                        committed against a foreign government or 
                        foreign governmental entity;
                            ``(v) bribery of a public official, or the 
                        misappropriation, theft or embezzlement of 
                        public funds by or for the benefit of a public 
                        official;
                            ``(vi) smuggling or export control 
                        violations involving munitions listed in the 
                        United States Munitions List or technologies 
                        with military applications as defined in the 
                        Commerce Control List of the Export 
                        Administration Regulations; or
                            ``(vii) an offense with respect to which 
                        the United States would be obligated by a 
                        multilateral treaty either to extradite the 
                        alleged offender or to submit the case for 
                        prosecution, if the offender were found within 
                        the territory of the United States;'';
            (2) in subparagraph (D)--
                    (A) by inserting ``section 541 (relating to goods 
                falsely classified),'' before ``section 542'';
                    (B) by inserting ``section 922(l) (relating to the 
                unlawful importation of firearms), section 924(m) 
                (relating to firearms trafficking),'' before ``section 
                956'';
                    (C) by inserting ``section 1030 (relating to 
                computer fraud and abuse),'' before ``1032''; and
                    (D) by inserting ``any felony violation of the 
                Foreign Agents Registration Act of 1938 (22 U.S.C. 611 
                et seq.),'' before ``or any felony violation of the 
                Foreign Corrupt Practices Act''; and
            (3) in subparagraph (E), by inserting ``the Clean Air Act 
        (42 U.S.C. 6901 et seq.),'' after ``the Safe Drinking Water Act 
        (42 U.S.C. 300f et seq.),''.

SEC. 4011. AUTHORITY TO ORDER CONVICTED CRIMINALS TO RETURN PROPERTY 
              LOCATED ABROAD.

    (a) Order of Forfeiture.--Section 413(p) of the Controlled 
Substances Act (21 U.S.C. 853(p)) is amended by adding at the end the 
following: ``In the case of property described in paragraph (3), the 
court may, in addition, order the defendant to return the property to 
the jurisdiction of the court so that the property may be seized and 
forfeited.''.
    (b) Pretrial Restraining Order.--Section 413(e) of the Controlled 
Substances Act (21 U.S.C. 853(e)) is amended by inserting after 
paragraph (3) the following:
            ``(4)(A) Pursuant to its authority to enter a pretrial 
        restraining order under this section, including its authority 
        to restrain any property forfeitable as substitute assets, the 
        court may also order the defendant to repatriate any property 
        subject to forfeiture pending trial, and to deposit that 
        property in the registry of the court, or with the United 
        States Marshals Service or the Secretary of the Treasury, in an 
        interest-bearing account.
            ``(B) Failure to comply with an order under this 
        subsection, or an order to repatriate property under subsection 
        (p), shall be punishable as a civil or criminal contempt of 
        court, and may also result in an enhancement of the sentence 
        for the offense giving rise to the forfeiture under the 
        obstruction of justice provision of section 3C1.1 of the 
        Federal Sentencing Guidelines.''.

SEC. 4012. ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENTS.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2466. Enforcement of foreign forfeiture judgment
    ``(a) Definitions.--In this section--
            ``(1) the term `foreign nation' means a country that has 
        become a party to the United Nations Convention Against Illicit 
        Traffic in Narcotic Drugs and Psychotropic Substances 
        (hereafter `the United Nations Convention') or a foreign 
        jurisdiction with which the United States has a treaty or other 
        formal international agreement in effect providing for mutual 
        forfeiture assistance; and
            ``(2) the term `value based confiscation judgment' shall 
        mean a final order of a foreign nation compelling a defendant, 
        as a consequence of the criminal conviction of the defendant 
        for an offense described in Article 3, paragraph 1, of the 
        United Nations Convention, to pay a sum of money representing 
        the proceeds of the offense, or property the value of which 
        corresponds to those proceeds.
    ``(b) Review by Attorney General.--
            ``(1) In general.--A foreign nation seeking to have its 
        value based confiscation judgment registered and enforced by a 
        United States district court under this section shall first 
        submit to the Attorney General or the designee of the Attorney 
        General a request, which shall include--
                    ``(A) a summary of the facts of the case and a 
                description of the criminal proceeding that resulted in 
                the value based confiscation judgment;
                    ``(B) certified copies of the judgment of 
                conviction and value based confiscation judgment;
                    ``(C) an affidavit or sworn declaration 
                establishing that the defendant received notice of the 
                proceedings in sufficient time to enable the defendant 
                to defend against the charges and that the value based 
                confiscation judgment rendered is in force and is not 
                subject to appeal;
                    ``(D) an affidavit or sworn declaration that 
                reasonable efforts have been undertaken to enforce the 
                value based confiscation judgment against the property 
                of the defendant, if any, in the foreign country; and
                    ``(E) such additional information and evidence as 
                may be required by the Attorney General or the designee 
                of the Attorney General.
            ``(2) Certification.--The Attorney General or the designee 
        of the Attorney General, in consultation with the Secretary of 
        State or the designee of the Secretary, shall determine whether 
        to certify the request, and such decision shall be final and 
        not subject to either judicial review or review under the 
        Administrative Procedures Act (5 U.S.C. 551 et seq).
    ``(c) Jurisdiction and Venue.--
            ``(1) In general.--If the Attorney General or the designee 
        of the Attorney General certifies a request under paragraph 
        (b), the foreign nation may file a civil proceeding in United 
        States district court seeking to enforce the foreign value 
        based confiscation judgment as if the judgment had been entered 
        by a court in the United States.
            ``(2) Rules governing proceedings.--In a civil proceeding 
        under paragraph (1)--
                    ``(A) the foreign nation shall be the plaintiff and 
                the person against whom the value based confiscation 
                judgment was entered shall be the defendant;
                    ``(B) venue shall lie in the district court for the 
                District of Columbia or in any other district in which 
                the defendant or the property that may be the basis for 
                satisfaction of a judgment under this section may be 
                found; and
                    ``(C) the district court shall have personal 
                jurisdiction over a defendant residing outside of the 
                United States if the defendant is served with process 
                in accordance with Rule 4 of the Federal Rules of Civil 
                Procedure.
    ``(d) Entry and Enforcement of Judgment.--
            ``(1) In general.--In any civil action under subsection 
        (c), the district court shall enter such orders as may be 
        necessary to enforce the value based confiscation judgment on 
        behalf of the foreign nation, if the court determines that--
                    ``(A) the value based confiscation judgment was 
                rendered under a system that provides impartial 
                tribunals or procedures compatible with the 
                requirements of due process of law;
                    ``(B) the foreign court had personal jurisdiction 
                over the defendant;
                    ``(C) the foreign court had jurisdiction over the 
                subject matter;
                    ``(D) the defendant in the proceedings in the 
                foreign court received notice of the proceedings in 
                sufficient time to enable the defendant to defend;
                    ``(E) that judgment was not obtained by fraud.
            ``(2) Process.--Process to enforce a judgment under this 
        section shall be in accordance with Rule 69(a) of the Federal 
        Rules of Civil Procedure.
    ``(e) Finality of Foreign Findings.--Upon a finding by the district 
court that the conditions set forth in subsection (d) have been 
satisfied, the court shall be bound by the findings of facts stated in 
the foreign judgment of conviction and value based confiscation 
judgment.
    ``(f) Currency Conversion.--If a value based confiscation judgment 
requires the payment of a sum of money, the rate of exchange in effect 
at time the suit to enforce is filed by the foreign nation shall be 
used in calculating the amount stated in the judgment submitted for 
registration.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
163 of title 28, United States Code, is amended by adding at the end 
the following:

``2466. Enforcement of foreign forfeiture judgment.''.

SEC. 4013. ADMINISTRATIVE SUMMONS AUTHORITY UNDER THE BANK SECRECY ACT.

    Section 5318(b) of title 31, United States Code, is amended by 
striking paragraph (1) and inserting the following:
            ``(1) Scope of power.--The Secretary of the Treasury may 
        take any action described in paragraph (3) or (4) of subsection 
        (a) for the purpose of--
                    ``(A) determining compliance with the rules of this 
                subchapter or any regulation issued under this 
                subchapter; or
                    ``(B) civil enforcement of violations of this 
                subchapter, section 21 of the Federal Deposit Insurance 
                Act, section 411 of the National Housing Act, or 
                chapter 2 of Public Law 91-508 (12 U.S.C. 1951 et 
                seq.), or any regulation issued under any such 
                provision.''.

SEC. 4014. ENCOURAGING FINANCIAL INSTITUTIONS TO NOTIFY LAW ENFORCEMENT 
              AUTHORITIES OF SUSPICIOUS FINANCIAL TRANSACTIONS.

    (a) In General.--Section 2702(b)(6) of title 18, United States 
Code, is amended--
            (1) by inserting ``or supervisory agency'' after ``a law 
        enforcement agency'';
            (2) in subparagraph (A), by striking ``; and'' and 
        inserting ``and appear to pertain to the commission of the 
        crime; or''; and
            (3) in subparagraph (B), by striking ``appear to pertain to 
        the commission of the crime.'' and inserting ``appear to reveal 
        a suspicious transaction relevant to a possible violation of 
        law or regulation.''
    (b) Definitions.--Section 2711 of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the terms `suspicious transaction' and `relevant to a 
        possible violation of the law or regulation' shall be 
        interpreted in the same manner as those terms have been 
        interpreted for purposes of section 5318(g) of title 31; and
            ``(4) the term `supervisory agency' has the meaning given 
        the term in section 1101(7) of the Right to Financial Privacy 
        Act of 1978.''.

SEC. 4015. EXEMPTING FINANCIAL ENFORCEMENT DATA FROM UNNECESSARY 
              DISCLOSURE.

    (a) IEEPA.--Section 203 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702(a)) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Exemptions from disclosure.--Information obtained 
        under this title before or after the enactment of this section 
        may be withheld only to the extent permitted by statute, except 
        that information submitted, obtained, or considered in 
        connection with any transaction prohibited under this title, 
        including license applications, licenses or other 
        authorizations, information or evidence obtained in the course 
        of any investigation, and information obtained or furnished 
        under this title in connection with international agreements, 
        treaties, or obligations shall be withheld from public 
        disclosure, and shall not be subject to disclosure under 
        section 552 of title 5, United States Code, unless the release 
        of the information is determined by the President to be in the 
        national interest.''.
    (b) Trading With the Enemy Act.--Section 5(b) of the Trading with 
the Enemy Act of 1917 (50 U.S.C. App. 5(b)) is amended--
            (1) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Exemptions from disclosure.--Information obtained 
        under this title before or after the enactment of this section 
        may be withheld only to the extent permitted by statute, except 
        that information submitted, obtained, or considered in 
        connection with any transaction prohibited under this title, 
        including license applications, licenses or other 
        authorizations, information or evidence obtained in the course 
        of any investigation, and information obtained or furnished 
        under this title in connection with international agreements, 
        treaties, or obligations shall be withheld from public 
        disclosure, and shall not be subject to disclosure under 
        section 552 of title 5, United States Code, unless the release 
        of the information is determined by the President to be in the 
        national interest.''.

SEC. 4016. CRIMINAL AND CIVIL PENALTIES UNDER THE INTERNATIONAL 
              EMERGENCY ECONOMIC POWERS ACT.

    (a) Increased Civil Penalty.--Section 206(a) of the International 
Emergency Economic Powers Act (50 U.S.C. 1705(a)), is amended by 
striking ``$10,000'' and inserting ``$50,000''.
    (b) Increased Criminal Fine.--Section 206(b) of the International 
Emergency Economic Powers Act (50 U.S.C. 1705(b)), is amended to read 
as follows:
    ``(b) Whoever willfully violates any license, order, or regulation 
issued under this chapter shall be fined not more that $1,000,000 if an 
organization (as defined in section 18 of title 18, United States 
Code), and not more than $250,000, imprisoned not more that 10 years, 
or both, if an individual.''.

SEC. 4017. ATTEMPTED VIOLATIONS OF THE TRADING WITH THE ENEMY ACT.

    Section 16 of the Trading with the Enemy Act (50 U.S.C. App. 16) is 
amended--
            (1) in subsection (a), by inserting ``or attempt to 
        violate'' after ``violate'' each time it appears; and
            (2) in subsection (b)(1), by inserting ``or attempts to 
        violate'' after ``violates''.

      TITLE V--RESPONDING TO EMERGING INTERNATIONAL CRIME THREATS

                Subtitle A--Computer and High-Tech Crime

SEC. 5101. ENHANCED AUTHORITY TO INVESTIGATE COMPUTER FRAUD AND ATTACKS 
              ON COMPUTER SYSTEMS.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
inserting ``, a felony violation of section 1030 (relating to computer 
fraud and attacks on computer systems)'' before ``section 1992 
(relating to wrecking trains)''.

SEC. 5102. JURISDICTION OVER CERTAIN FINANCIAL CRIMES COMMITTED ABROAD.

    Section 1029 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Jurisdiction Over Certain Financial Crimes Committed 
Abroad.--Any person who, outside the jurisdiction of the United States, 
engages in any act that, if committed within the jurisdiction of the 
United States, would constitute an offense under subsection (a) or (b), 
shall be subject to the same penalties as if that offense had been 
committed in the United States, if the act--
            ``(1) involves an access device issued, owned, managed, or 
        controlled by a financial institution, account issuer, credit 
        card system member, or other entity within the jurisdiction of 
        the United States; and
            ``(2) causes, or if completed would have caused, a transfer 
        of funds from or a loss to an entity listed in paragraph 
        (1).''.

                      Subtitle B--Alien Smuggling

SEC. 5201. FORFEITURE FOR ALIEN SMUGGLING.

    (a) Civil Forfeiture.--Section 274(b) of the Immigration and 
Nationality Act (8 U.S.C. 1324(b)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) The following property shall be subject to seizure 
        and forfeiture:
                    ``(A) Any conveyance, including any vessel, 
                vehicle, or aircraft, that has been or is being used in 
                the commission of a violation of subsection (a).
                    ``(B) Any property, real or personal--
                            ``(i) that constitutes, or is derived from 
                        or is traceable to the proceeds obtained 
                        directly or indirectly from the commission of a 
                        violation of subsection (a); or
                            ``(ii) that is used to facilitate, or is 
                        intended to be used to facilitate, the 
                        commission of a violation of subsection (a).
            ``(2) Any property subject to forfeiture to the United 
        States under this section may be seized by the Attorney General 
        in the manner set forth in section 981(b) of title 18, United 
        States Code.''; and
            (2) in paragraphs (4) and (5), by striking ``a conveyance'' 
        and ``conveyance'' each place it appears and inserting 
        ``property''.
    (b) Criminal Forfeiture.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Criminal Forfeiture.--
            ``(1) Any person convicted of a violation of subsection (a) 
        shall forfeit to the United States, irrespective of any 
        provision of State law--
                    ``(A) any conveyance, including any vessel, 
                vehicle, or aircraft used in the commission of a 
                violation of subsection (a); and
                    ``(B) any property real or personal--
                            ``(i) that constitutes, or is derived from 
                        or is traceable to the proceeds obtained 
                        directly or indirectly from the commission of a 
                        violation of subsection (a); or
                            ``(ii) that is used to facilitate, or is 
                        intended to be used to facilitate, the 
                        commission of a violation of subsection (a).
            ``(2) The court, in imposing sentence on a person described 
        in paragraph, shall order that the person forfeit to the United 
        States all property described in this subsection.
            ``(3) The criminal forfeiture of property under this 
        subsection, including any seizure and disposition of the 
        property and any related administrative or judicial proceeding, 
        shall be governed by the provisions of section 413 of the 
        Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
        U.S.C. 853), except for subsection 413(d) which shall not apply 
        to forfeitures under this subsection.''.

       Subtitle C--Trafficking in Chemicals Used To Produce Drugs

SEC. 5301. IMPORT AND EXPORT OF CHEMICALS USED TO PRODUCE ILLICIT 
              DRUGS.

    (a) Notification Prior to Transaction.-- Section 1018 of the 
Controlled Substances Import and Export Act (21 U.S.C. 971) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Notification Prior to Transaction.--Each person who proposes 
to engage in a transaction involving the importation or exportation of 
a listed chemical that requires advance notification pursuant to the 
regulations of the Attorney General or the importation or exportation 
of a tableting machine, or an encapsulating machine shall notify the 
Attorney General of the importation or exportation not later than 15 
days before the transaction is to take place in such form and supplying 
such information as the Attorney General shall require by regulation. 
In the case of an importation for transfer or transshipment pursuant to 
section 1004, such notice shall be made as provided in that section.'';
            (2) in subsection (c)(1)--
                    (A) by striking ``(other than a regulated 
                transaction to which the requirement of subsection (a) 
                does not apply by reason of subsection (b))'';
                    (B) by inserting ``, a tableting machine, or an 
                encapsulating machine'' after ``a listed chemical''; 
                and
                    (C) by inserting ``, tableting machine, or 
                encapsulating machine'' after ``the chemical''; and
            (3) in subsection (e)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) The Attorney General may by regulation require that 
        the 15-day notification requirement of subsection (a) apply to 
        all imports of a listed chemical, regardless of the status of 
        certain importers of that listed chemical as regular importers, 
        if the Attorney General finds that such notification is 
        necessary to support effective chemical diversion control 
        programs or is required by treaty or other international 
        agreement to which the United States is a party.
            ``(3) The Attorney General may require that the 
        notification requirement of subsection (a) for certain 
        importations or exportations, including those subject to 
        section 1004, include additional information to enable a 
        determination to be made that the listed chemical being 
        imported or exported will be used for a legitimate purpose or 
        at the time the information is needed to satisfy requirements 
        of the importing or exporting country. The Attorney General 
        shall provide notice of these additional requirements 
        specifically identifying the listed chemicals and countries 
        involved.''.
    (b) Shipment of Controlled Substances.--Section 1004 of the 
Controlled Substances Import and Export Act (21 U.S.C. 954) is amended 
to read as follows:

``SEC. 1004. TRANSSHIPMENT AND IN-TRANSIT SHIPMENT OF CONTROLLED 
              SUBSTANCES.

    ``(a) In General.--Notwithstanding sections 952, 953, 957, and 971, 
and subject to this section--
            ``(1) a controlled substance in schedule I may be imported 
        into the United States for transshipment to another country or 
        for transference or transshipment from 1 vessel, vehicle, or 
        aircraft to another vessel, vehicle, or aircraft within the 
        United States for immediate exportation, only if--
                    ``(A) evidence is furnished that enables the 
                Attorney General to determine that the substance being 
                so imported, transferred, or transshipped will be used 
                for scientific, medical, or other legitimate purposes 
                in the country of destination; and
                    ``(B) the substance is imported, transferred, or 
                transshipped with the prior written approval of the 
                Attorney General (which shall be granted or denied not 
                later than 21 days after the date on which the request 
                is made) based on a determination that the requirements 
                of this section and the applicable subsections of 
                sections 952 and 953 have been satisfied; and
            ``(2) a controlled substance in schedule II, III, or IV or 
        a listed chemical may be imported, transferred, or transshipped 
        only if--
                    ``(A) evidence is furnished that enables the 
                Attorney General to determine that the substance or 
                chemical being imported, transferred, or transshipped 
                will be used for scientific, medical, or other 
                legitimate purposes in the country of destination; and
                    ``(B) advance notification (in such form and 
                containing such information as the Attorney General may 
                require by regulation) is given to the Attorney General 
                not later than 15 days prior to the exportation of the 
substance or chemical from the foreign port of embarkation (the 
notification period for imports other than for transfer or 
transshipment pursuant to section 1002 or 1018 is not affected by this 
subsection).
    ``(b) Applicability of Other Law.--
            ``(1) Sections 1002 and 1003.--Any importation, transfer, 
        or transshipment described in subsection (a) of a controlled 
        substance shall be subject to the applicable provisions of 
        sections 1002 and 1003. The importation, transfer, 
        transshipment, or exportation of any controlled substance may 
        be suspended on the ground that the controlled substance may be 
        diverted to other than scientific, medical or other legitimate 
        purposes.
            ``(2) Section 1018.--Any importation, transfer, or 
        transshipment described in subsection (a) of a listed chemical 
        shall be subject to all the requirements of section 1018, 
        except that in no case shall the 15 day advance notification 
        requirement be waived. The importation, transfer, 
        transshipment, or exportation of a listed chemical may be 
        suspended on the ground that the chemical may be diverted to 
        the clandestine manufacture of a controlled substance.
            ``(3) Suspension.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                importation, transfer, or transshipment of a controlled 
                substance or listed chemical may be suspended if any 
                requirement of subsection (a) is not satisfied.
                    ``(B) Withdrawal.--The Attorney General may 
                withdraw a suspension order issued under this paragraph 
                if--
                            ``(i) the requirements of subsection (a) 
                        are ultimately satisfied; and
                            ``(ii) no grounds exist under paragraphs 
                        (1) or (2) of this subsection to suspend the 
                        shipment.
    ``(c) Suspension of Exportation.--The suspension of any exportation 
of a controlled substance or listed chemical shall be subject to the 
procedures and requirements established in section 1018(c).
    ``(d) Placing Under Seal.--
            ``(1) In general.--The Attorney General may place under 
        seal any shipment of a controlled substance or listed chemical 
        that--
                    ``(A) has been imported or is subject to the 
                jurisdiction of the United States; and
                    ``(B) is subject to a suspension order suspending 
                the importation, transfer, transshipment, or 
                exportation of the controlled substance or listed 
                chemical.
            ``(2) Prohibition on disposition.--No disposition may be 
        made of any controlled substance or listed chemical under seal 
        subject to paragraph (1) until the suspension order becomes 
        final.
            ``(3) Order of sale.--Notwithstanding paragraphs (1) and 
        (2), a court, upon application, may at any time order the sale 
        of a perishable controlled substance or listed chemical. Any 
        such order shall require the deposit of the proceeds of the 
        sale with the court.
            ``(4) Disposal.--Upon a suspension order becoming final 
        under this subsection, the shipment, at the discretion of the 
        Attorney General and subject to such conditions as the Attorney 
        General may impose, may be disposed of as follows:
                    ``(A) The titleholder may be allowed to return the 
                shipment to any of the facilities of the original 
                exporter in the country of exportation.
                    ``(B) The shipment may be exported, subject to the 
                requirements of section 1003 or 1018, as appropriate, 
                to a new consignee.
            ``(5) Surrender.--The shipment may be surrendered to the 
        Attorney General for appropriate disposition and all costs 
        associated with this disposition shall be the responsibility of 
        the titleholder. If there are any proceeds from the 
        disposition, the proceeds shall be applied to the repayment of 
        the costs and any excess proceeds shall be returned to the 
        titleholder.
            ``(6) Forfeiture.--If sufficient cause exists, the shipment 
        of controlled substances or listed chemicals (or proceeds of 
        sale deposited in court) may be forfeited to the United States 
        pursuant to section 511 of title II and may be disposed of in 
        accordance with that section.
    ``(e) Effect on Other Law.--Nothing in this section may be used by 
any party to defend against a forfeiture action against a shipment of 
controlled substances or listed chemicals initiated by the United 
States or by any State. This section does not affect the liability of 
any party for storage and transportation costs incurred by the 
Government as a result of the suspension of a shipment.''.
    (c) Penalties.--Section 1010(d) of the Controlled Substances Import 
and Export Act (21 U.S.C. 960(d)) is amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively;
            (2) in paragraph (6), as redesignated, by striking 
        ``1018(e)(2) or (3)'' and inserting ``1018(e)(4) or (5)'';
            (3) in paragraph (7), as redesignated, by inserting ``or 
        violates section 1004,'' after ``1007 or 1018 of this title''; 
        and
            (4) by inserting after paragraph (4) the following:
            ``(5) imports or exports a listed chemical, with the intent 
        to evade the reporting or recordkeeping requirements of section 
        1018 applicable to such importation or exportation by--
                    ``(A) falsely representing to the Attorney General 
                that the importation or exportation is not subject to 
                the 15-day advance notification required by section 
                1018(a) or to any reporting requirements established by 
                the Attorney General pursuant to paragraph (1), (2), or 
                (3) of section 1018(e); or
                    ``(B) misrepresenting the actual country of final 
                destination of the listed chemical, or the actual 
                listed chemical being imported or exported;''.
    (d) Injunctions.--Section 1011 of the Controlled Substances Import 
and Export Act (21 U.S.C. 961) is amended to read as follows:

``SEC. 1011. INJUNCTIONS.

    ``In addition to any other applicable penalty, any person convicted 
of a felony violation of this title or title II relating to the 
receipt, distribution, manufacture, importation or exportation of a 
listed chemical may be enjoined from engaging in any transaction 
involving a listed chemical for not more than 10 years.''.

                      Subtitle D--Arms Trafficking

SEC. 5401. ENHANCED TOOLS TO INVESTIGATE ILLICIT ARMS TRAFFICKING.

    Section 40(h) of the Arms Export Control Act (22 U.S.C. 2780(h)) is 
amended to read as follows:
    ``(h) Exemptions for Transactions Subject to National Security Act 
Reporting Requirements or Arising Out of a Criminal Investigation.--The 
prohibitions contained in this section do not apply with respect to any 
transaction--
            ``(1) subject to reporting requirements under title V of 
        the National Security Act of 1947 (50 U.S.C. 413 et seq.); or
            ``(2) arising out of an investigation by a Federal law 
        enforcement agency concerning possible criminal violations of 
        United States law.''.

SEC. 5402. BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.

    (a) In General.--Section 842 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(p) Background Checks For Purchases of Explosives.--
            ``(1) Beginning 6 months after the later of the date on 
        which the national instant criminal background check system is 
        established under section 103 of Public Law 103-159 (107 Stat. 
        1541), or the date of enactment of this subsection, a licensed 
        importer, licensed manufacturer, or licensed dealer shall not 
        transfer explosive materials to any other person who is not a 
        licensee or permittee under this chapter unless--
                    ``(A) licensee contacts the national instant 
                criminal background check system established under 
                section 103(d) of the Brady Handgun Violence Prevention 
                Act;
                    ``(B)(i) the system provides the licensee with a 
                unique identification number; or
                    ``(ii) 3 business days (meaning a day on which 
                State offices are open) have elapsed since the licensee 
                contacted the system, and the system has not notified 
                the licensee that the receipt of explosive materials by 
                such other person would violate subsection (i); and
                    ``(C) the transferor has verified the identity of 
                the transferee by examining a valid identification 
                document (as defined in section 1028(d)(1)) of the 
                transferee containing a photograph of the transferee.
            ``(2) If receipt of explosive materials would not violate 
        subsection (i) or any applicable State law, the system shall--
                    ``(A) assign a unique identification number to the 
                transfer; and
                    ``(B) provide the licensee with the number.
            ``(3) Paragraph (1) does not apply to the transfer of 
        explosive materials between a licensee and another person if--
                    ``(A)(i) the other person has presented to the 
                licensee a State permit that--
                            ``(I) allows the other person to possess or 
                        acquire explosive materials; and
                            ``(II) was issued not more than 5 years 
                        earlier by the State in which the transfer is 
                        to take place; and
                            ``(ii) the law of the State provides that 
                        such a permit is to be issued only after an 
                        authorized government official has verified 
                        that the information available to that official 
                        does not indicate that possession of explosive 
                        materials by the other person would be in 
                        violation of law; or
                    ``(B) on application of the transferor, the 
                Secretary has certified that compliance with paragraph 
                (1) is impracticable because--
                            ``(i) the ratio of the number of law 
                        enforcement officers of the State in which the 
                        transfer is to occur to the number of square 
                        miles of land area of the State does not exceed 
                        0.0025;
                            ``(ii) the business premises of the 
                        licensee at which the transfer is to occur are 
                        extremely remote in relation to the chief law 
                        enforcement officer (as defined in subsection 
                        (p)(8)); and
                            ``(iii) there is an absence of 
                        telecommunications facilities in the 
                        geographical area in which the business 
                        premises are located.
            ``(4) If the national instant criminal background check 
        system notifies the licensee that the information available to 
        the system does not demonstrate that the receipt of explosive 
        materials by the other person would violate subsection (i) or 
        any applicable State law, and the licensee transfers explosive 
        materials to the other person, the licensee shall include in 
        the record of the transfer the unique identification number 
        provided by the system with respect to the transfer.
            ``(5) If the licensee knowingly transfers explosive 
        materials to the other person and knowingly fails to comply 
        with paragraph (1) with respect to the transfer and, at the 
        time the other person most recently proposed the transfer, the 
        national instant criminal background check system was operating 
        and information was available to the system demonstrating that 
        receipt of explosive materials by the other person would 
        violate subsection (i) or any applicable State law, the 
        Secretary may, after notice and opportunity for a hearing, 
        suspend for not more than 6 months or revoke any license issued 
        to the licensee under section 843 and may impose on the 
        licensee a civil fine of not more than $5,000.
            ``(6) A local government or an employee of the Federal 
        Government or any State or local government responsible for 
        providing information to the national instant criminal 
        background check system shall not be liable in an action at law 
        for damages--
                    ``(A) for failure to prevent the sale or transfer 
                of explosive materials to a person whose receipt or 
                possession of the explosive materials is unlawful under 
                this section; or
                    ``(B) for preventing such a sale or transfer to a 
                person who may lawfully receive or possess explosive 
                materials.''.
    (b) Written Reasons Provided on Request.--If the national instant 
criminal background check system determines that an individual is 
ineligible to receive explosive materials and the individual requests 
the system to provide the reasons for the determination, the system 
shall provide those reasons to the individual, in writing, not later 
than 5 business days after the date on which the request is made.
    (c) Correction of Erroneous System Information.--
            (1) Request for reason.--If the national instant criminal 
        background check system informs an individual contacting the 
        system that receipt of explosive materials by a prospective 
        transferee would violate subsection (i) of section 842 of title 
        18, United States Code, or State law, the prospective 
        transferee may request the Attorney General to provide the 
        prospective transferee with the reason for the violation.
            (2) Response to request.--Upon receipt of a request under 
        paragraph (1), the Attorney General shall immediately comply 
        with the request.
            (3) Information to correct records.--The prospective 
        transferee may submit to the Attorney General information to 
        correct, clarify, or supplement records of the system with 
        respect to the prospective transferee.
            (4) Correcting records.--After receipt of information under 
        paragraph (3), the Attorney General shall immediately consider 
        the information, investigate the matter further, and correct 
        all erroneous Federal records relating to the prospective 
        transferee and give notice of the error to any Federal 
        department or agency or any State that was the source of the 
        erroneous records.
    (d) Remedy for Erroneous Denial.--
            (1) In general.--Chapter 40 of title 18, United States 
        Code, is amended by inserting after section 843 the following:
``Sec. 843A. Remedy for erroneous denial of explosive materials
    ``(a) In General.--Any person denied explosive materials pursuant 
to section 842(p)--
            ``(1) due to the provision of erroneous information 
        relating to the person by any State or political subdivision 
        thereof, or by the national instant criminal background check 
        system established under section 103 of the Brady Handgun 
        Violence Prevention Act; or
            ``(2) who was not prohibited from receipt of explosive 
        materials pursuant to section 842(i),
may bring an action against the State or political subdivision 
responsible for denying the transfer, or against the United States, as 
the case may be, for an order directing that the erroneous information 
be corrected or that the transfer be approved, as the case may be.
    ``(b) Attorney's Fees.--In any action under this section, the 
court, in its discretion, may allow the prevailing party reasonable 
attorney's fees as part of the costs.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 40 of title 18, United States Code, is amended by 
        inserting after the item relating to section 843 the following:

``843A. Remedy for erroneous denial of explosive materials.''.
    (e) Licenses and User Permits.--Section 843(a) of title 18, United 
States Code, is amended--
            (1) in the first sentence, by inserting ``, including 
        fingerprints and a photograph of the applicant'' before the 
        period at the end; and
            (2) by striking the second sentence and inserting the 
        following: ``Each applicant for a license shall pay for each 
        license a fee established by the Secretary that shall not 
        exceed $300. Each applicant for a permit shall pay for each 
        permit fee established by the Secretary that shall not exceed 
        $100.''.

SEC. 5403. PROHIBITING CONVICTED FELONS FROM POSSESSING BLACK POWDER.

    Section 845(a)(5) of title 18, United State Code, is amended by 
inserting ``by persons not otherwise prohibited from receipt and 
possession of explosive materials under section 842(i)'' before the 
semicolon.

      TITLE VI--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST 
                          INTERNATIONAL CRIME

SEC. 6001. SHARING PROCEEDS OF JOINT FORFEITURE OPERATIONS WITH 
              COOPERATING FOREIGN AGENCIES.

    (a) In General.--Section 981(i)(1) of title 18, United States Code, 
is amended by striking ``this chapter'' and inserting ``any provision 
of Federal law''.
    (b) Conforming Amendment.--Section 511(e)(1) of the Controlled 
Substances Act (21 U.S.C. 881(e)(1)) is amended--
            (1) in subparagraph (C), by adding ``or'' at the end;
            (2) in subparagraph (D), by striking ``; or'' and inserting 
        a period; and
            (3) by striking subparagraph (E).

SEC. 6002. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS.

    (a) In General.--Chapter 117 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1790. Assistance to foreign authorities
    ``(a) In General.--
            ``(1) Presentation of requests.--The Attorney General may 
        present a request made by a foreign government for assistance 
        with respect to a foreign investigation, prosecution, or 
        proceeding regarding a criminal matter pursuant to a treaty, 
        convention, or executive agreement for mutual legal assistance 
        between the United States and that government or in accordance 
        with section 1782, the execution of which requires or appears 
        to require the use of compulsory measures in more than 1 
        judicial district, to a judge or judge magistrate of--
                    ``(A) any 1 of the districts in which persons who 
                may be required to appear to testify or produce 
                evidence or information reside or are found, or in 
                which evidence or information to be produced is 
                located; or
                    ``(B) the United States District Court for the 
                District of Columbia.
            ``(2) Authority of court.--A judge or judge magistrate to 
        whom a request for assistance is presented under paragraph (1) 
        shall have the authority to issue those orders necessary to 
        execute the request including orders appointing a person to 
        direct the taking of testimony or statements and the production 
        of evidence or information, of whatever nature and in whatever 
        form, in execution of the request.
    ``(b) Authority of Appointed Persons.--A person appointed under 
subsection (a)(2) shall have the authority to--
            ``(1) issue orders for the taking of testimony or 
        statements and the production of evidence or information, which 
        orders may be served at any place within the United States;
            ``(2) administer any necessary oath; and
            ``(3) take testimony or statements and receive evidence and 
        information.
    ``(c) Persons Ordered To Appear.--A person ordered pursuant to 
subsection (b)(1) to appear outside the district in which that person 
resides or is found may, not later than 10 days after receipt of the 
order--
            ``(1) file with the judge or judge magistrate who 
        authorized execution of the request a motion to appear in the 
        district in which that person resides or is found or in which 
        the evidence or information is located; or
            ``(2) provide written notice, requesting appearance in the 
        district in which the person resides or is found or in which 
        the evidence or information is located, to the person issuing 
        the order to appear, who shall advise the judge or judge 
magistrate authorizing execution.
    ``(d) Transfer of Requests.--
            ``(1) In general.--The judge or judge magistrate may 
        transfer a request under subsection (c), or that portion 
        requiring the appearance of that person, to the other district 
        if--
                    ``(A) the inconvenience to the person is 
                substantial; and
                    ``(B) the transfer is unlikely to adversely affect 
                the effective or timely execution of the request or a 
                portion thereof.
            ``(2) Execution.--Upon transfer, the judge or judge 
        magistrate to whom the request or a portion thereof is 
        transferred shall complete its execution in accordance with 
        subsections (a) and (b).''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
117 of title 28, United States Code, is amended by adding at the end 
the following:

``1790. Assistance to foreign authorities.''.

SEC. 6003. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.

    (a) In General.--Section 3508 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 3508. Temporary transfer of witnesses in custody'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Transfer Authority.--
            ``(1) In general.--If the testimony of a person who is 
        serving a sentence, in pretrial detention, or otherwise being 
        held in custody in the United States, is needed in a foreign 
        criminal proceeding, the Attorney General shall have the 
        authority to--
                    ``(A) temporarily transfer that person to the 
                foreign country for the purpose of giving the 
                testimony;
                    ``(B) transport that person from the United States 
                in custody;
                    ``(C) make appropriate arrangements for custody for 
                that person while outside the United States; and
                    ``(D) return that person in custody to the United 
                States from the foreign country.
            ``(2) Persons held for state law violations.--If the person 
        is being held in custody for a violation of State law, the 
        Attorney General may exercise the authority described in this 
        subsection if the appropriate State authorities give their 
        consent.
    ``(c) Return of Persons Transferred.--
            ``(1) In general.--If the transfer to or from the United 
        States of a person in custody for the purpose of giving 
        testimony is provided for by treaty or convention, by this 
        section, or both, that person shall be returned to the United 
        States, or to the foreign country from which the person is 
        transferred.
            ``(2) Limitation.--In no event shall the return of a person 
        under this subsection require any request for extradition or 
        extradition proceedings, or require that person to be subject 
        to deportation or exclusion proceedings under the laws of the 
        United States, or the foreign country from which the person is 
        transferred.
    ``(d) Applicability of International Agreements.--If there is an 
international agreement between the United States and the foreign 
country in which a witness is being held in custody or to which the 
witness will be transferred from the United States, that provides for 
the transfer, custody, and return of those witnesses, the terms and 
conditions of that international agreement shall apply. If there is no 
such international agreement, the Attorney General may exercise the 
authority described in subsections (a) and (b) if both the foreign 
country and the witness give their consent.
    ``(e) Rights of Persons Transferred.--
            ``(1) Notwithstanding any other provision of law, a person 
        held in custody in a foreign country who is transferred to the 
        United States pursuant to this section for the purpose of 
        giving testimony--
                    ``(A) shall not by reason of that transfer, during 
                the period that person is present in the United States 
                pursuant to that transfer, be entitled to apply for or 
                obtain any right or remedy under the Immigration and 
                Nationality Act, including the right to apply for or be 
                granted asylum or withholding of deportation or any 
                right to remain in the United States under any other 
                law; and
                    ``(B) may be summarily removed from the United 
                States upon order of the Attorney General.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to create any substantive or procedural right or 
        benefit to remain in the United States that is legally 
        enforceable in a court of law of the United States or of a 
        State by any party against the United States or its agencies or 
        officers.
    ``(f) Consistency With International Obligations.--The Attorney 
General shall not take any action under this section to transfer or 
return a person to a foreign country unless the Attorney General 
determines, after consultation with the Secretary of State, that 
transfer or return would be consistent with the international 
obligations of the United States. A determination by the Attorney 
General under this subsection shall not be subject to judicial review 
by any court.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
223 of title 18, United States Code, is amended by striking the item 
relating to section 3508 and inserting the following:

``3508. Temporary transfer of witnesses in custody.''.

SEC. 6004. TRAINING OF FOREIGN LAW ENFORCEMENT AGENCIES.

    Section 660(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2420(b)) is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(7) with respect to assistance, including training, 
        provided for antiterrorism purposes.''.

SEC. 6005. DISCRETIONARY AUTHORITY TO USE FORFEITURE PROCEEDS.

    Section 524(c)(1) of title 28, United States Code, is amended by--
            (1) redesignating subparagraph (I) beginning with ``after 
        all'' as subparagraph (J);
            (2) in subparagraph (J) as redesignated, striking the 
        period and inserting ``, and''; and
            (3) adding at the end the following:
                    ``(J) at the discretion of the Attorney General, 
                payments to return forfeited property repatriated to 
                the United States by a foreign government or others 
                acting at the direction of a foreign government, and 
                interest earned on the property, if--
                            ``(i) a final foreign judgment entered 
                        against a foreign government or those acting at 
                        its direction, which foreign judgment was based 
                        on the measures, such as seizure and 
                        repatriation of property, that resulted in 
                        deposit of the funds into the Fund;
                            ``(ii) the foreign judgment was entered and 
                        presented to the Attorney General not later 
                        than 5 years after the date on which the 
                        property was repatriated to the United States;
                            ``(iii) the foreign government or those 
                        acting at its direction vigorously defended its 
                        actions under its own laws; and
                            ``(iv) the amount of the disbursement does 
                        not exceed the amount of funds deposited to the 
                        Fund, plus interest earned on those funds 
                        pursuant to section 524(c)(5), less any awards 
                        and equitable shares paid by the Fund to the 
                        foreign government or those acting at its 
                        direction in connection with a particular 
                        case.''.

     TITLE VII--STREAMLINING THE INVESTIGATION AND PROSECUTION OF 
              INTERNATIONAL CRIMES IN UNITED STATES COURTS

SEC. 7001. REIMBURSEMENT OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES IN 
              INTERNATIONAL CRIME CASES.

    The Attorney General may obligate, as necessary expenses, from any 
appropriate appropriation account available to the Department of 
Justice in fiscal year 1998 or any fiscal year thereafter, the cost of 
reimbursement to State or local law enforcement agencies for 
translation services and related expenses, including transportation 
expenses, in cases involving extradition or requests for mutual legal 
assistance from foreign governments.

SEC. 7002. FACILITATING THE ADMISSION OF FOREIGN RECORDS IN UNITED 
              STATES COURTS.

    (a) In General.--Chapter 163 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 2466. Foreign records
    ``(a) Definitions.--In this section:
            ``(1) Business.--The term `business' includes business, 
        institution, association, profession, occupation, and calling 
        of every kind whether or not conducted for profit.
            ``(2) Foreign certification.--The term `foreign 
        certification' means a written declaration made and signed in a 
        foreign country by the custodian of a record of regularly 
        conducted activity or another qualified person, that if falsely 
        made, would subject the maker to criminal penalty under the law 
        of that country.
            ``(3) Foreign record of regularly conducted activity.--The 
        term `foreign record of regularly conducted activity' means a 
        memorandum, report, record, or data compilation, in any form, 
        of acts, events, conditions, opinions, or diagnoses, maintained 
        in a foreign country.
            ``(4) Official request.--The term `official request' means 
        a letter rogatory, a request under an agreement, treaty or 
        convention, or any other request for information or evidence 
        made by a court of the United States or an authority of the 
        United States having law enforcement responsibility, to a court 
        or other authority of a foreign country.
    ``(b) Foreign Records.--In a civil proceeding in a court of the 
United States, including civil forfeiture proceedings and proceedings 
in the United States Claims Court and the United States Tax Court, 
unless the source of information or the method or circumstances of 
preparation indicate lack of trustworthiness, a foreign record of 
regularly conducted activity, or copy of the record, obtained pursuant 
to an official request, shall not be excluded as evidence by the 
hearsay rule if the foreign certification is obtained pursuant to 
subsection (c).
    ``(c) Foreign Certification.--A foreign certification meeting the 
requirements of this subsection is a foreign certification, obtained 
pursuant to an official request, that adequately identifies the foreign 
record and attests that--
            ``(1) the record was made, at or near the time of the 
        occurrence of the matters set forth, by (or from information 
        transmitted by) a person with knowledge of those matters;
            ``(2) the record was kept in the course of a regularly 
        conducted business activity;
            ``(3) the business activity made or kept such a record as a 
        regular practice; and
            ``(4) if the record is not the original, the record is a 
        duplicate of the original.
    ``(d) Authentication.--A foreign certification under this section 
shall authenticate the record or duplicate.
    ``(e) Consideration of Motion.--
            ``(1) Notice.--As soon as practicable after a responsive 
        pleading has been filed, a party intending to offer in evidence 
        under this section a foreign record of regularly conducted 
        activity shall provide written notice of that intention to each 
        other party.
            ``(2) Opposing motion.--A motion opposing admission in 
        evidence of the record under paragraph (1) shall be made by the 
        opposing party and determined by the court before trial. 
        Failure by a party to file that motion before trial shall 
        constitute a waiver of objection to the record or duplicate, 
        but the court for cause shown may grant relief from the 
        waiver.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
163 of title 28, United States Code, is amended by adding at the end 
the following:

``2466. Foreign records.''.

SEC. 7003. SAFE CONDUCT FOR FOREIGN WITNESSES TESTIFYING IN UNITED 
              STATES COURTS.

    (a) In General.--Chapter 305 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4088. Safe conduct for witnesses temporarily in the United 
              States
    ``(a) Definitions.--In this section:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning given the term in 
        section 115.
            ``(2) Magistrate judge.--The term `magistrate judge' has 
        the meaning given the term in Rule 54 of the Federal Rules of 
        Criminal Procedure.
            ``(3) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
    ``(b) Safe Conduct.--The Attorney General may determine that, if a 
person located outside the United States is requested by a magistrate 
judge or Federal law enforcement officer to appear and provide 
testimony or answer questions in the United States in connection with 
any Federal or State criminal matter, the person shall not be subject 
to service of process, or be detained or subjected to any restriction 
of personal liberty, by reason of any acts or convictions that preceded 
the departure of that person from the foreign jurisdiction.
    ``(c) Terms and Conditions.--
            ``(1) In general.--The Attorney General may specify in any 
        grant of safe conduct the appropriate duration and conditions 
        of the grant.
            ``(2) Time period.--Absent contrary direction by the 
        Attorney General, the safe conduct provided for by this section 
        shall expire not later the earlier of--
                    ``(A) the date on which the person leaves the 
                United States; or
                    ``(B) 7 days after the earlier of--
                            ``(i) the date on which the person 
                        completes the testimony of that person or the 
                        answers of that person to the questions; or
                            ``(ii) the date on which the requesting 
                        magistrate judge or Federal law enforcement 
                        officer has notified either the person or the 
                        appropriate authorities in the foreign 
                        jurisdiction that the presence of that person 
                        in the United States is no longer required.
            ``(3) Immigration status and removal.--Absent contrary 
        direction by the Attorney General, persons granted safe 
        conduct--
                    ``(A) shall not be entitled to apply for or obtain 
                any light or remedy under the Immigration and 
                Nationality Act, for so long as they are present in the 
                United States pursuant to those grants; and
                    ``(B) may be summarily removed from the United 
                States at the expiration of the safe conduct period 
                upon order of the Attorney General, and those orders 
                shall not be subject to administrative or judicial 
                review.
    ``(d) Judicial Review.--A determination by the Attorney General to 
grant, deny, or condition safe conduct under this section shall not be 
subject to judicial review.
    ``(e) Treaty Provisions.--To the extent the provisions of an 
applicable mutual legal assistance treaty are inconsistent with this 
section, the treaty provisions shall apply.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
305 of title 18, United States Code, is amended by adding at the end 
the following:

``4088. Safe conduct for witnesses temporarily in the United States.''.

SEC. 7004. PROHIBITING FUGITIVES FROM BENEFITING FROM TIME SERVED 
              ABROAD.

    Section 3585 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Exclusion for Time Served Abroad.--Notwithstanding subsection 
(b), a defendant shall receive no credit for any time spent in official 
detention in a foreign country if--
            ``(1) the defendant fled from, or remained outside of, the 
        United States to avoid prosecution or imprisonment;
            ``(2) the United States officially requested the return of 
        the defendant to the United States for prosecution or 
        imprisonment; and
            ``(3) the defendant is in custody in the foreign country 
        pending surrender to the United States for prosecution or 
        imprisonment.''.

SEC. 7005. SUSPENSION OF STATUTE OF LIMITATIONS FOR COLLECTION OF 
              EVIDENCE LOCATED ABROAD.

    Section 3292(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Period of Suspension.--Except as provided in subsection (c), 
a period of suspension under this section shall begin on the date on 
which the official request is made and end on the date on which, the 
foreign court or authority having taken final action on the request and 
having transmitted the decision or results to the United States, the 
decision or results are delivered to the requesting United States 
authority.''.

SEC. 7006. CLARIFICATION OF DISCRETIONARY NATURE OF PAYMENTS TO 
              INFORMANTS.

    Section 619(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1619(a)(2)) 
is amended, in the flush matter following subparagraph (B), by 
inserting ``(or a designee of the Secretary), in the sole discretion of 
the Secretary (or designee), '' after ``the Secretary''.
                                 <all>