[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2536 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2536

_______________________________________________________________________

                                 AN ACT


 
 To protect the safety of United States nationals and the interests of 
the United States at home and abroad, to improve global cooperation and 
   responsiveness to international crime and terrorism, and to more 
      effectively deter international crime and acts of violence.

    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 and Anti-Terrorism Amendments 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. 101. Murder and extortion against United States nationals abroad 
                            in furtherance of organized crime.
Sec. 102. Murder or serious assault of a State or local official 
                            abroad.
        TITLE II--STRENGTHENING THE BORDERS OF THE UNITED STATES

Sec. 201. Sanctions for failure to heave to, obstructing a lawful 
                            boarding, and providing false information.
TITLE III--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS AND ENHANCING 
                      NATIONAL SECURITY RESPONSES

Sec. 301. Inadmissibility of persons fleeing prosecution in other 
                            countries.
Sec. 302. Inadmissibility of persons involved in racketeering and arms 
                            trafficking.
Sec. 303. Clarification of inadmissibility of persons who have 
                            benefited from illicit activities of drug 
                            traffickers.
Sec. 304. Inadmissibility of persons involved in international alien 
                            smuggling.
Sec. 305. Seizure of assets of persons arrested abroad.
Sec. 306. Administrative summons authority under the Bank Secrecy Act.
Sec. 307. Criminal and civil penalties under the International 
                            Emergency Economic Powers Act.
Sec. 308. Attempted violations of the Trading with the Enemy Act.
      TITLE IV--RESPONDING TO EMERGING INTERNATIONAL CRIME THREATS

Sec. 401. Enhanced authority to investigate computer fraud and attacks 
                            on computer systems.
Sec. 402. Jurisdiction over certain financial crimes committed abroad.
      TITLE V--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST 
                          INTERNATIONAL CRIME

Sec. 501. Sharing proceeds of joint forfeiture operations with 
                            cooperating foreign agencies.
Sec. 502. Streamlined procedures for execution of MLAT requests.
      TITLE VI--STREAMLINING THE INVESTIGATION AND PROSECUTION OF 
              INTERNATIONAL CRIMES IN UNITED STATES COURTS

Sec. 601. Reimbursement of State and local law enforcement agencies in 
                            international crime cases.
Sec. 602. Facilitating the admission of foreign records in United 
                            States courts.
Sec. 603. Prohibiting fugitives from benefiting from time served 
                            abroad.

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

SEC. 101. 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. 102. 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 BORDERS OF THE UNITED STATES

SEC. 201. 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 and Anti-Terrorism Amendments 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.''.

TITLE III--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS AND ENHANCING 
                      NATIONAL SECURITY RESPONSES

SEC. 301. 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--
            (1) in paragraph (3)(A), by striking ``(1) and (2)'' and 
        inserting ``(1), (2), and (4)''; and
            (2) 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. 302. 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 
                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.
                    ``(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 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.''.
    (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), (D), and (E) of subsection (a)(2),''; and
            (2) by inserting before ``if--'' the following: ``, and 
        subparagraph (H) of that subsection insofar as it relates to an 
        offense other than an aggravated felony''.

SEC. 303. CLARIFICATION OF 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 
                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.''.

SEC. 304. 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)--
                    (A) by striking ``clause (i) of''; and
                    (B) 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.

SEC. 305. 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. 306. 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. 307. 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 than $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 than 10 years, 
or both, if an individual.''.

SEC. 308. 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 IV--RESPONDING TO EMERGING INTERNATIONAL CRIME THREATS

SEC. 401. 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. 402. 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).''.

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

SEC. 501. 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. 502. 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.''.

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

SEC. 601. 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. 602. 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. 603. 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.''.

            Passed the Senate October 15 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2536

_______________________________________________________________________

                                 AN ACT

 To protect the safety of United States nationals and the interests of 
the United States at home and abroad, to improve global cooperation and 
   responsiveness to international crime and terrorism, and to more 
      effectively deter international crime and acts of violence.

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