[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2783 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2783

  Entitled the ``21st Century Law Enforcement and Public Safety Act''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2000

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

_______________________________________________________________________

                                 A BILL


 
  Entitled the ``21st Century Law Enforcement and Public Safety Act''.

    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 ``21st Century Law 
Enforcement and Public Safety Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short Title; Table of Contents.
TITLE I--SUPPORTING LOCAL LAW ENFORCEMENT AND PROMOTING CRIME-FIGHTING 
                              TECHNOLOGIES

Sec. 1001. 21st Century Community Policing Initiative.
Sec. 1002. Community Prosecution Program Grants.
Sec. 1003. Rural Law Enforcement Grant Set-Asides.
Sec. 1004. Amendments to the Police Corps Act.
Sec. 1005. Awards to State and Local Law Enforcement.
Sec. 1006. Reauthorization of Bureau of Justice Assistance And The 
                            Byrne State And Local Law Enforcement 
                            Assistance Grant Programs.
Sec. 1007. Body Armor Penalty Enhancement.
Sec. 1008. Extension of Bulletproof Vest Partnership Grant Act.
Sec. 1009. Integrated Information Technology Assistance Act.
Sec. 1010. Authorization to Link State and Local Law Enforcement to 
                            Worldwide Police Communications Network.
Sec. 1011. Inclusion of Federal, Military, and District of Columbia 
                            Offenders in the DNA Identification Index.
           TITLE II--BREAKING THE CYCLE OF DRUGS AND VIOLENCE

              Subtitle A--Zero Tolerance Drug Supervision

Sec. 2001. Grant Authority.
Sec. 2002. Administration.
Sec. 2003. Applications.
Sec. 2004. Federal Share.
Sec. 2005. Geographic Distribution.
Sec. 2006. Technical Assistance, Training, and Evaluation.
Sec. 2007. Authorization of Appropriations.
Sec. 2008. Permanent Set-aside for Research and Evaluation.
Sec. 2009. Additional Requirements for the Use of Funds under the 
                            Violent Offender Incarceration and Truth-
                            in-sentencing Grant Programs.
Sec. 2010. Reauthorization of Residential Substance Abuse Treatment 
                            Grant Program.
Sec. 2011. Use of Residential Substance Abuse Treatment Grants to 
                            Provide for Services During and after 
                            Incarceration.
Sec. 2012. Reestablishment of Drug Courts.
Sec. 2013. Exceptions to Time Limits For Byrne Program Grants For 
                            Certain Purposes.
Sec. 2014. Provision to Free Existing Prison Space for Violent Offender 
                            Incarceration.
                    Subtitle B--Anti-Drug Provisions

Sec. 2021. National Standard to Prohibit Operation of Motor Vehicles by 
                            Intoxicated Individuals.
Sec. 2022. Drug Free Teenage Drivers.
Sec. 2023. Amendments Concerning Temporary Emergency Scheduling.
Sec. 2024. Amendment to Reporting Requirement for Transactions 
                            Involving Certain Listed Chemicals.
Sec. 2025. Amphetamine Penalty Increases.
Sec. 2026. Anabolic Agents.
Sec. 2027. Drug Paraphernalia.
Sec. 2028. Counterfeit Substances/Imitation Controlled Substances.
Sec. 2029. Amendments to the Controlled Substances Import and Export 
                            Act.
Sec. 2030. Conforming Amendment Concerning Marijuana Plants.
Sec. 2031. Conforming Amendment Relating to Flunitrazepam Penalties.
Sec. 2032. Increased Penalties for Using Minors to Distribute Drugs.
Sec. 2033. Increased Penalty for Distributing Drugs to Minors.
Sec. 2034. Increased Penalty for Drug Trafficking in or near a School 
                            or Other Protected Location.
Sec. 2035. Serious Juvenile Drug Trafficking Offenses as Armed Career 
                            Criminal Act Predicates.
Sec. 2036. Increased Penalties for Using Federal Property to Grow or 
                            Manufacture Controlled Substances.
Sec. 2037. Clarification of Length of Supervised Release Terms in 
                            Controlled Substance Cases.
Sec. 2038. Technical Correction to Ensure Compliance of Sentencing 
                            Guidelines with Provisions of All Federal 
                            Statutes.
Sec. 2039. Exclusion of Persons Who Have Benefitted from Illicit 
                            Activities of Drug Traffickers.
Sec. 2040. Enhancing Prosecutions in International Drug and Money 
                            Laundering Cases.
Sec. 2041. Import and Export of Chemicals Used to Produce Illicit 
                            Drugs.
Sec. 2042. Amendments to Drive-By Shooting Statute.
     Subtitle C--Anti-Drug and Organized Crime Money Laundering Act

Sec. 2051. Illegal Money Transmitting Businesses.
Sec. 2052. Restraint of Assets of Persons Arrested Abroad.
Sec. 2053. Long-arm Jurisdiction Over Foreign Money Launderers.
Sec. 2054. Laundering Money Through a Foreign Bank.
Sec. 2055. Specified Unlawful Activity for Money Laundering.
Sec. 2056. Criminal Forfeiture for Money Laundering Conspiracies.
Sec. 2057. Subpoenas for Bank Records.
Sec. 2058. Charging Money Laundering as a Course of Conduct.
Sec. 2059. Venue in Money Laundering Cases.
Sec. 2060. Technical Amendment to Restore Wiretap Authority for Certain 
                            Money Laundering Offenses.
Sec. 2061. Knowledge That the Property Is the Proceeds of a Felony.
Sec. 2062. Money Purchased on the Black Market.
Sec. 2063. Money Laundering Transactions; Commingled Accounts.
Sec. 2064. Discovery Procedure for Locating Laundered Money.
Sec. 2065. Repatriation of Property Placed Beyond the Jurisdiction of 
                            the Court.
Sec. 2066. Laundering the Proceeds of Terrorism.
Sec. 2067. Bulk Cash Smuggling.
Sec. 2068. Currency Couriers.
Sec. 2069. Violations of Section 6050I.
Sec. 2070. Proceeds of Foreign Crimes.
Sec. 2071. Authorization to Share Recovered Property with Cooperating 
                            Foreign Governments.
Sec. 2072. In Personam Judgments.
Sec. 2073. Criminal Forfeiture of Property in Government Custody.
Sec. 2074. Restraint of Property Subject to Criminal Forfeiture.
Sec. 2075. Including Agencies of Tribal Governments in the Definition 
                            of a Financial Institution.
Sec. 2076. Penalties for Violations of Geographic Targeting Orders and 
                            Certain Record-Keeping Requirements.
         TITLE III--FIGHTING TERRORISM AND INTERNATIONAL CRIME

  Subtitle A--Investigating and Punishing Violent Crimes Against U.S. 
                            Nationals Abroad

Sec. 3001. Extortion Against U.S. Nationals Abroad in Furtherance of 
                            Organized Crime.
Sec. 3002. Murder and Serious Assault of a State or Local Official 
                            Abroad.
 Subtitle B--Strengthening The Air, Land And Sea Borders of The United 
                                 States

            Chapter 1--Violence Committed Along U.S. Border

Sec. 3011. Felony Punishment for Violence Committed along the U.S. 
                            Border.
  Chapter 2--Strengthening Maritime Law Enforcement Along U.S. Borders

Sec. 3021. Sanctions for Failure to Heave To, Obstructing a Lawful 
                            Boarding, and Providing False Information.
Sec. 3022. Civil Penalties to Support Maritime Law Enforcement.
Sec. 3023. Customs Orders.
     Chapter 3--Smuggling of Contraband and Other Illegal Products

Sec. 3031. Smuggling Contraband and Other Goods from the United States.
Sec. 3032. Controlling Illicit Liquor Trafficking.
Sec. 3033. Customs Duties.
Sec. 3034. False Certifications Relating to Exports.
       Subtitle C--Denying Safe Haven to International Criminals

Chapter 1--Strengthening Extradition to Ensure International Criminals 
                         Are Brought to Justice

Sec. 3041. Extradition for Offenses Not Covered by a List Treaty.
Sec. 3042. Extradition Absent a Treaty.
Sec. 3043. Technical and Conforming Amendments.
  Chapter 2--Strengthening Immigration Laws to Exclude International 
                    Criminals from the United States

Sec. 3051. Exclusion of Persons Fleeing Prosecution in Other Countries.
Sec. 3052. Exclusion of Persons Involved in Racketeering and Arms 
                            Trafficking.
Sec. 3053. Exclusion of Persons Involved in International Alien 
                            Smuggling.
    Chapter 3--Additional Tools to Deny Safe Haven to International 
                               Criminals

Sec. 3061. Temporary Transfer of Persons in Custody for Prosecution.
Sec. 3062. Transfer of Prisoners to Serve Sentences in Country of 
                            Origin.
Sec. 3063. Transit of Fugitives for Prosecution in Foreign Countries.
    Subtitle D--Seizing And Forfeiting The Assets of International 
                               Criminals

Sec. 3071. Border Search Authority for Certain Contraband.
Sec. 3072. Forfeiture of Property Used to Violate Federal Explosives 
                            Laws.
Sec. 3073. Administrative Summons Authority under the Bank Secrecy Act.
Sec. 3074. Exempting Financial Enforcement Data from Unnecessary 
                            Disclosure.
Sec. 3075. Civil Penalties under the International Emergency Economic 
                            Powers Act.
Sec. 3076. Attempted Violations of the Trading With the Enemy Act.
     Subtitle E--Responding to Emerging International Crime Threats

Sec. 3081. Jurisdiction over Certain Financial Crimes Committed Abroad.
Sec. 3082. Amendment to the Computer Fraud and Abuse Act.
     Subtitle F--Promoting Global Cooperation in the Fight Against 
                          International Crime

Sec. 3101. Streamlined Procedures for Execution of Mutual Legal 
                            Assistance Requests.
Sec. 3102. Temporary Transfer of Incarcerated Witnesses.
Sec. 3103. Training of Foreign Law Enforcement Agencies.
Sec. 3104. Discretionary Authority to Use Forfeiture Proceeds.
     Subtitle G--Streamlining the Investigation and Prosecution Of 
                  International Crimes in U.S. Courts

Sec. 3111. Reimbursement of State and Local Law Enforcement Agencies in 
                            International Crime Cases.
Sec. 3112. Safe Conduct for Foreign Witnesses Testifying in U.S. 
                            Courts.
Sec. 3113. Prohibiting Fugitives from Benefitting from Time Served 
                            Abroad.
Sec. 3114. Suspension of Statute of Limitations for Collection of 
                            Evidence Located Abroad.
Sec. 3115. Clarification of Discretionary Nature of Payments to 
                            Informants.
Sec. 3116. Enhanced Tools to Investigate Illicit Arms Trafficking.
                         Subtitle H--Terrorism

Sec. 3121. Expansion of the Biological Weapons Statute.
Sec. 3122. Rail and Mass Transportation Anti-Terrorism and Violence.
     TITLE IV--PROTECTING AMERICANS AND SUPPORTING VICTIMS OF CRIME

                   Subtitle A--Violence Against Women

Sec. 4001. Reauthorization of STOP Grants.
Sec. 4002. Role of the Courts.
Sec. 4003. Grants to Encourage Arrest Policies.
Sec. 4004. Reauthorization of Rural Domestic Violence and Child Abuse 
                            Enforcement Grants.
Sec. 4005. Educational Institutions and Violence Against Women.
Sec. 4006. Ten Percent Set-Aside of VAWA Grant Funds for Training and 
                            Technical Assistance.
Sec. 4007. Protection for Victims of Trafficking.
Sec. 4008. Battered Immigrant Women.
Sec. 4009. Reauthorization And Amendment of Programs Under The Family 
                            Violence Prevention And Services Act.
Sec. 4010. Civil Legal Assistance Grants.
Sec. 4011. Authorization of Appropriations for Rape Prevention 
                            Education.
                Subtitle B--Children Exposed to Violence

Sec. 4012. Child Abuse Murders.
Sec. 4013. Sentencing Enhancements for Crimes Committed in the Presence 
                            of Children.
Sec. 4014. Amendments Relating to Child Victims' and Child Witnesses' 
                            Rights.
Sec. 4015. Technical Corrections to Forfeiture Statute for Sexual 
                            Exploitation of Minors.
Sec. 4016. Amendment to Restitution Statutes.
                     Subtitle C--Victims Assistance

Sec. 4021. Assistance for Federal Law Enforcement Victim Services.
Sec. 4022. Compensation and Assistance to Victims of Terrorism or Mass 
                            Violence.
Sec. 4023. Amendment to the Crime Victims with Disabilities Act.
Sec. 4024. Expanded Jurisdiction over Child Buying and Selling 
                            Offenses.
                Subtitle D--Health Care Fraud and Abuse

Sec. 4031. Attorney General Injunction Authority.
Sec. 4032. Attorney General Authority to Seek Civil Penalties.
Sec. 4033. Grand Jury Disclosure.
Sec. 4034. Authorized Investigative Demand Procedures.
Sec. 4035. Study and Report on Health Care Fraud Sentences.
Sec. 4036. Provisions Protecting the Interests of False Claims Act 
                            Matters in Bankruptcy Proceedings.
Sec. 4037. Extending Anti-Fraud Safeguards to the Federal Employees 
                            Health Benefits Program.
Sec. 4038. Preventing And Punishing Abuse And Neglect of Elderly And 
                            Other Residents in Nursing Homes And 
                            Residential Health Care Facilities.
                       Subtitle E--Consumer Fraud

Sec. 4041. Blocking Telemarketing Scams.
   Subtitle F--Pension-Welfare and Labor-Management Racketeering Act

Sec. 4051. Fraud in Relation to Retirement Arrangements.
Sec. 4052. Civil Penalty for Violation of Section 1348.
Sec. 4053. Bribery and Graft in Connection with Employee Benefit Plans.
Sec. 4054. Increased Penalty for Theft and Embezzlement from Employee 
                            Benefit Plans and Connected Funds.
Sec. 4055. Payments of Things of Value to Persons with Actual or 
                            Apparent Influence or Decision-making 
                            Authority.
Sec. 4056. Receipt of Things of Value by Persons with Actual or 
                            Apparent Influence or Decision-making 
                            Authority.
Sec. 4057. Attempt to Violate Taft-Hartley Section 302.
Sec. 4058. Forfeiture for Retirement Offenses.
          Subtitle G--Environmental Crimes and Enforcement Act

Sec. 4071. Joint Federal, State, Local, and Tribal Environmental 
                            Enforcement.
Sec. 4072. Protection of Government Employees and the Public.
Sec. 4073. Establishment of the State, Local and Tribal Environmental 
                            Enforcement Training Program.
Sec. 4074. Statute of Limitations.
Sec. 4075. Attempts.
Sec. 4076. Environmental Crimes Restitution.
Sec. 4077. Prevention of Alienation or Disposal of Assets Needed to 
                            Remedy Environmental Harms Caused by 
                            Environmental Crimes.
                 Subtitle H--Hate Crimes Prevention Act

Sec. 4081. Short Title.
Sec. 4082. Statement of Findings.
Sec. 4083. Definition of Hate Crime.
Sec. 4084. Prohibition of Certain Acts of Violence.
Sec. 4085. Duties of United States Sentencing Commission.
Sec. 4086. Grant Program.
Sec. 4087. Authorization for Additional Personnel to Assist State and 
                            Local Law Enforcement.
Sec. 4088. Severability.
  TITLE V--STRENGTHENING FEDERAL CRIMINAL LAWS TO COMBAT VIOLENT AND 
                           WHITE-COLLAR CRIME

Subtitle A--Bolstering Federal Law to Fight Violent Crime and Apprehend 
                          Dangerous Fugitives

Sec. 5001. Fugitive Apprehension Act of 2000.
Sec. 5002. Amendments Relating to Violent Crime in Indian Country and 
                            Areas of Exclusive Federal Jurisdiction.
Sec. 5003. Kidnapping.
Sec. 5004. Offenses Committed Outside the United States by Persons 
                            Accompanying the Armed Forces.
Sec. 5005. Status Killings of Federal Employees and Consolidation of 18 
                            U.S.C. 1114 and 1121.
Sec. 5006. Threats Against Former Presidents and Others Eligible for 
                            Secret Service Protection.
Sec. 5007. Participation of Foreign and State Government Personnel 
                            Under Federal Supervision in Certain 
                            Interceptions.
Sec. 5008. Removal of the Sunset Provision for the S Visa 
                            Classification Program.
Sec. 5009. Federal Judiciary Security Act.
Sec. 5010. Autopsy Authority.
Sec. 5011. Administrative Summons Authority for the United States 
                            Secret Service's Protective Function 
                            Responsibilities.
Sec. 5012. Establishing Permanent One Percent Research and Evaluation 
                            Set-asides for Certain Programs.
  Subtitle B--Combating Crime and Improving Operations in Correction 
                               Facilities

Sec. 5021. Increased Penalties and Expanded Jurisdiction for Sexual 
                            Abuse Offenses in Correctional Facilities.
Sec. 5022. Increased Penalties and Expanded Jurisdiction for Contraband 
                            Offenses in Correctional Facilities.
Sec. 5023. Removal of Wiretap Restrictions from Prison Communications.
Sec. 5024. Improving Efficiency Through Improved Medical Payment Rules 
                            in Prisons and Related Facilities.
Sec. 5025. Judicial District Designation.
 Subtitle C--Improvements in Federal Law Relating to White Collar Crime

Sec. 5031. Elimination of Proof of Value Requirement for Felony Theft 
                            or Conversion of Grand Jury Material.
Sec. 5032. Amendment of Interstate Travel Fraud Statute to Cover Travel 
                            by Perpetrator.
Sec. 5033. Conforming Penalty Amendment for Frauds Resulting in Serious 
                            Injury or Death.
Sec. 5034. Forfeiture of Computers And Other Devices Used For 
                            Counterfeiting.
Sec. 5035. Conforming Amendment.
Sec. 5036. Increased Maximum Corporate Penalty for Antitrust 
                            Violations.
             Subtitle D--Federal Law Enforcement Programs.

Sec. 5041. Federal Prosecutor Ethics Act.
Sec. 5042. Strengthening Law Enforcement Efforts in U.S. Territories 
                            And Possessions.
Sec. 5043. Agencies Authorized to Investigate Violations.
          Subtitle E--Improvements to Federal Sentencing Laws

Sec. 5051. Prison Credit and Aging Prisoner Reform.
Sec. 5052. Correction of Aberrant Statutes to Permit Imposition of Both 
                            a Fine and Imprisonment Rather than Only 
                            Either Penalty.
Sec. 5053. Amendment of Federal Sentencing Guidelines for Counterfeit 
                            Bearer Obligations of the United States.

TITLE I--SUPPORTING LOCAL LAW ENFORCEMENT AND PROMOTING CRIME-FIGHTING 
                              TECHNOLOGIES

SEC. 1001. 21ST CENTURY COMMUNITY POLICING INITIATIVE.

    (a) Section 1701(a) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) is amended by--
            (1) inserting ``and prosecutor'' after ``increase police''; 
        and
            (2) inserting ``to enhance law enforcement access to new 
        technologies, and'' after ``presence,''.
            (b) Section 1701(b) of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) promote higher education among in-service 
                State and local law enforcement officers by reimbursing 
                them for the costs associated with seeking a college or 
                graduate school education.'';
            (2) in paragraph (2) by striking all that follows ``SUPPORT 
        SYSTEMS.'' and inserting ``Grants pursuant to paragraph (1)(C) 
        may not exceed 20 percent of the funds available for grants 
        pursuant to this subsection in any fiscal year.''.
    (c) Section 1701(d) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``integrity and ethics'' after 
                ``specialized''; and
                    (B) by inserting ``and'' after ``enforcement 
                officers'';
            (2) in paragraph (7) by inserting ``school officials, 
        values-based organizations,'' after ``enforcement officers'';
            (3) in paragraph (10) by striking ``and'' that appears at 
        the end;
            (4) in paragraph (11) by striking the period that appears 
        at the end and inserting ``; and'';
            (5) by adding at the end the following:
            ``(12) develop and implement innovative programs (such as 
        the TRIAD program) that bring together a community's sheriff, 
        chief of police, and elderly residents to address the public 
        safety concerns of older citizens.''.
    (d) Section 1701(f) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``use up to 5 percent of the funds 
                appropriated under subsection (a) to'' after ``The 
                Attorney General may'';
                    (B) by inserting at the end the following: 
                ``Further, the Attorney General may use up to 5 percent 
                of the funds appropriated under subsection (d), (e), 
                and (f) for technical assistance and training to 
                States, units of local government, Indian tribal 
                governments, and to other public and private entities 
                for those respective purposes.'';
            (2) in paragraph (2) by inserting ``under subsection (a)'' 
        after ``the Attorney General'';
            (3) in paragraph (3)--
                    (A) by striking ``the Attorney General may'' and 
                inserting ``the Attorney General shall'';
                    (B) by inserting ``regional community policing 
                institutes'' after ``operation of''; and
                    (C) by inserting ``representatives of police labor 
                and management organizations, community residents,'' 
                after ``supervisors,''.
    (e) Section 1701 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd) is amended by--
            (1) striking subsection (k);
            (2) redesignating subsections (f) through (j) as 
        subsections (g) through (k); and
            (3) striking subsection (e) and inserting the following:
    ``(e) Law Enforcement Technology Program.--Grants made under 
subsection (a) may be used to assist police departments, in employing 
professional, scientific, and technological advancements that will help 
them--
            ``(1) improve police communications through the use of 
        wireless communications, computers, software, videocams, 
        databases and other hardware and software that allow law 
        enforcement agencies to communicate more effectively across 
        jurisdictional boundaries and effectuate interoperability;
            ``(2) develop and improve access to crime solving 
        technologies, including DNA analysis, photo enhancement, voice 
        recognition, and other forensic capabilities; and
            ``(3) promote comprehensive crime analysis by utilizing new 
        techniques and technologies, such as crime mapping, that allow 
        law enforcement agencies to use real-time crime and arrest data 
        and other related information--including non-criminal justice 
        data--to improve their ability to analyze, predict, and respond 
        pro-actively to local crime and disorder problems, as well as 
        to engage in regional crime analysis.
    ``(f) Community-Based Prosecution Program.--Grants made under 
subsection (a) may be used to assist State, local or tribal 
prosecutors' offices in the implementation of community-based 
prosecution programs that build on local community policing efforts. 
Funds made available under this subsection may be used to--
            ``(1) hire additional prosecutors who will be assigned to 
        community prosecution programs, including (but not limited to) 
        programs that assign prosecutors to handle cases from specific 
        geographic areas, to address specific violent crime and other 
        local crime problems (including intensive illegal gang, gun and 
        drug enforcement projects and quality of life initiatives), and 
        to address localized violent and other crime problems based on 
        needs identified by local law enforcement agencies, community 
        organizations, and others;
            ``(2) redeploy existing prosecutors to community 
        prosecution programs as described in paragraph (1) of this 
        section by hiring victim and witness coordinators, paralegals, 
        community outreach, and other such personnel; and
            ``(3) establish programs to assist local prosecutors' 
        offices in the implementation of programs that help them 
        identify and respond to priority crime problems in a community 
        with specifically tailored solutions.
            ``(4) Limitations.--
                    ``(A) At least 75 percent of the funds made 
                available under this subsection shall be reserved for 
                grants under paragraphs (1) and (2) and of those 
                amounts no more than 10 percent may be used for grants 
                under paragraph (2); and
                    ``(B) At least 25 percent of the funds made 
                available under this subsection shall be reserved for 
                grants to units of local government with a population 
                of less than 50,000.''.
    (f) Section 1703 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended by inserting at the 
end the following:
    ``(d) Retention Grants.--The Attorney General may use up to 5 
percent of the funds under subsection (a) to award grants targeted 
specifically for retention of police officers to grantees in good 
standing that demonstrate financial hardship or severe budget 
constraint that impacts the entire local budget and may result in the 
termination of employment for police officers funded under subsection 
(b)(1).''.
    (g) Section 1704(c) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd-3(c)) is amended by striking 
``$75,000'' and inserting ``$125,000''.
    (h) Section 1709(1) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8) is amended by inserting 
after ``criminal laws'' the following: ``including sheriffs deputies 
charged with supervising offenders who are released into the community 
but also engaged in local community policing efforts.''.
    (i) Section 1001(a) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) There are authorized to be appropriated to 
                carry out part Q, to remain available until expended--
                            ``(i) $1,335,000,000 for fiscal year 2001; 
                        and
                            ``(ii) such sums as may be necessary for 
                        fiscal years 2002-2005'';
            (2) in subparagraph (B)--
                    (i) by striking ``3 percent'' and inserting ``5 
                percent'';
                    (ii) by striking ``85 percent'' and inserting 
                ``$650,000,000''; and
                    (iii) by striking ``1701(b),'' and all that follows 
                through ``of part Q.'' and inserting the following: 
                ``1701(b) and (c), $200,000,000 to grants for the 
                purposes specified in section 1701(d), $350,000,000 to 
                grants for the purposes specified in section 1701(e), 
                and $200,000,000 to grants for the purposes specified 
                in section 1701(f).''.

SEC. 1002. COMMUNITY PROSECUTION PROGRAM GRANTS.

    Subtitle Q of title III of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13861 et seq.) is amended to read as 
follows:

           ``Subtitle Q--Community Prosecution Program Grants

``SEC. 31701. GRANT AUTHORIZATION.

    ``The Attorney General may make grants to State, Indian tribal, or 
local prosecutors' offices for the purpose of supporting the creation 
or expansion of community-based justice programs.

``SEC. 31702. USE OF FUNDS.

    ``Grants made by the Attorney General under this section shall be 
used--
            ``(1) to fund prosecution programs that emphasize the 
        participation of community residents in developing strategies 
        for public safety through partnerships with such entities as 
        police departments, supervisory agencies (such as diversion 
        programs, probation and parole departments), social service 
        organizations, community organizations, local businesses, 
        schools, values based organizations, and elected officials;
            ``(2) to fund programs that establish or support existing 
        mechanisms for community participation that include the 
        following activities: identifying local crime problems and 
        priorities, engaging in problem-solving and strategic planning, 
        and maintaining regular communication between the prosecutor's 
        office and community residents;
            ``(3) to fund prosecution programs that include the hiring 
        of community prosecutors and related personnel and utilize an 
        interdisciplinary team approach to prevent, reduce and respond 
        to crime in partnership with communities;
            ``(4) to fund programs that are proactive in their approach 
        to crime, with an emphasis on prevention, as well as 
        enforcement;
            ``(5) to fund programs that employ, where appropriate, use 
        of sentencing alternatives that restore the victim, the 
        community and offender; and
            ``(6) to fund programs that help build local problem-
        solving capacity through training and technical assistance.

``SEC. 31703. APPLICATIONS.

    ``(a) Eligibility.--In order to be eligible to receive a grant 
under this part for any fiscal year, a State, Indian tribal, or local 
prosecutor, in conjunction with the chief executive officer of the 
jurisdiction in which the program will be placed, shall submit an 
application to the Attorney General in such form and containing such 
information as the Attorney General may reasonably require.
    ``(b) Requirements.--Each applicant shall include--
            ``(1) a request for funds for the purposes described in 
        section 31702;
            ``(2) a description of the communities to be served by the 
        grant, including the nature of crime in the community and a 
        description of quality of life crimes that impact on community 
        safety; and
            ``(3) assurances that Federal funds received under this 
        part shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities funded 
        under this section.

``SEC. 31704. AWARD OF GRANTS.

    ``(a) The Attorney General shall consider the following factors in 
awarding grants:
            ``(1) demonstrated need and evidence of the ability to 
        provide the services described in section 31702; and
            ``(2) demonstrated participation with existing community-
        based programs supported by the Department of Justice, such as 
        Community Policing and the Weed and Seed program.
    ``(b) To the extent practicable, the Attorney General shall attempt 
to achieve an equitable geographic distribution of grant awards.
    ``(c) At least five percent of the funds appropriated to carry out 
this subtitle in each fiscal year shall be awarded as grants to Indian 
tribes. To the extent practicable, the Attorney General shall comply 
with subsection (a) of this section in awarding such grants.

``SEC. 31705. REPORTS.

    ``(a) Report to Attorney General.--State, Indian tribal, and local 
prosecutors that receive funds under this subtitle shall submit to the 
Attorney General a report not later than March 1 of each year that 
describes progress achieved in carrying out this grant program.
    ``(b) Report to Congress.--The Attorney General shall submit to the 
Congress a report by October 1 of each year in which grants are made 
available under this subtitle which shall contain a detailed statement 
regarding grant awards, activities of grant recipients, a compilation 
of statistical information submitted by applicants, and an evaluation 
of programs established under this subtitle.

``SEC. 31706. PERMANENT SET-ASIDE FOR RESEARCH AND EVALUATION.

    ``The Attorney General shall reserve no less than 1 percent and no 
more than 3 percent of the sums appropriated to carry out this subtitle 
in each fiscal year for research and evaluation of this program.

``SEC. 31707. DEFINITIONS.

    ``In this subtitle--
            ``(1) `Indian tribe' means an Indian tribe included on the 
        list of recognized Indian tribes published by the Secretary of 
        the Interior pursuant to 25 U.S.C. Sec. 479a-1.
            ``(2) `State' means a State, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Commonwealth of the Northern 
        Mariana Islands, American Samoa, Guam, and the United States 
        Virgin Islands.''.

SEC. 1003. RURAL LAW ENFORCEMENT GRANT SET-ASIDES.

    (a) Drug Courts.--Part V of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796ii et seq.) is amended by--
            (1) renumbering sections 2208 and 2209 as sections 2209 and 
        2210; and
            (2) inserting after section 2207 the following new section:

``SEC. 2208. DISCRETIONARY RURAL SET-ASIDE.

    ``(a) Set-Aside.--The Attorney General may choose to specify that a 
portion of the sums reserved and appropriated to carry out this part in 
each fiscal year, not to exceed ten percent of such sums, shall be 
awarded for grants to applicants in rural areas that the Attorney 
General determines are underserved areas.
    ``(b) Definition.--The term `rural area' means an area with a 
population of 25,000 or less.
    ``(c) Reallocation of Unobligated Funds.--If any amount so 
obligated under subsection (a) remains unobligated at the end of the 
fiscal year, then such amount may be reallocated for distribution to 
other eligible applicants.''.
    (b) Conforming Amendment.--The analysis for part V of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796ii et seq.) is amended by inserting after section 2207 the 
following:

``Sec. 2208. Discretionary Rural Set-Aside.''.
    (c) Byrne Discretionary Grant Program.--Subpart 2 of part E of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3760 et seq.) is amended by inserting after section 512 the 
following new section:

``SEC. 513. DISCRETIONARY RURAL SET-ASIDE.

    ``(a) Discretionary Rural Set-Aside.--The Attorney General may 
choose to specify that a portion of the sums reserved and appropriated 
to carry out section 511 in each fiscal year, not to exceed ten percent 
of such sums, shall be awarded for grants to applicants in rural areas 
that the Attorney General determines are underserved areas.
    ``(b) Definition.--The term `rural area' means an area with a 
population of 25,000 or less.
    ``(c) Reallocation of Unobligated Funds.--If any amount so 
obligated under subsection (a) remains unobligated at the end of the 
fiscal year, then such amount may be reallocated for distribution to 
other eligible applicants.''.
    (d) Conforming Amendment.--The analysis for subpart 2 of part E of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3760 et seq.) is amended by inserting after section 512 the 
following:

``Sec. 513. Discretionary Rural Set-Aside.''.
    (e) Other Discretionary Rural Set-Asides.--Part A of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760 et 
seq.) is amended by inserting after section 102 the following new 
section:

``SEC. 103. DISCRETIONARY RURAL SET-ASIDE.

    ``(a) Set-Aside.--With respect to all other discretionary grant 
programs administered by the Attorney General that relate to criminal 
or juvenile justice for which no specific legislative authority is 
given, but for which specific appropriations have been enacted by the 
Congress (including such programs as the Weed and Seed program, the 
Juvenile Accountability Incentive Block Grant program and the Enforcing 
Underage Drinking Law program), the Attorney General may choose to 
specify that a portion of the sums appropriated to carry out such 
discretionary grant programs in each fiscal year, not to exceed ten 
percent of such sums, shall be awarded for grants to applicants in 
rural areas that the Attorney General determines are underserved areas.
    ``(b) Definition.--The term `rural area' means an area with a 
population of 25,000 or less.
    ``(c) Reallocation of Unobligated Funds.--If any amount so 
obligated under subsection (a) remains unobligated at the end of the 
fiscal year, then such amount may be reallocated for distribution to 
other eligible applicants.''.
    (f) Conforming Amendment.--The analysis for Part A of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760 
et seq.) is amended by inserting after section 102 the following:

``Sec. 103. Discretionary Rural Set-Aside.''.

SEC. 1004. AMENDMENTS TO THE POLICE CORPS ACT.

    Subtitle A of title XX of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14091 et seq.) is amended--
            (1) in section 200107--
                    (A) by redesignating subsections (e) and (f) as 
                subsections (f) and (g); and
                    (B) by inserting after subsection (c) the following 
                new subsection:
    ``(d) Reimbursement of Recruitment Costs.--The Director may make 
payments to reimburse State lead agencies for costs of recruitment of 
applicants in accordance with this section.''; and
            (2) by inserting after section 200113 the following new 
        section:

``SEC. 200114. STATE ADMINISTRATIVE EXPENSES.

    ``The Director may make payments to reimburse administrative 
expenses incurred in the operation of State Police Corps programs, 
provided that not more than 8 percent of the amount appropriated 
pursuant to section 200112 may be expended under this section.''.

SEC. 1005. AWARDS TO STATE AND LOCAL LAW ENFORCEMENT.

    (a) In General.--Section 3374(c)(2) of title 5, United States Code, 
is amended by inserting ``and section 4503'' after ``73''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 90 days after the date of the enactment of this Act.

SEC. 1006. REAUTHORIZATION OF BUREAU OF JUSTICE ASSISTANCE AND THE 
              BYRNE STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE GRANT 
              PROGRAMS.

    (a) Strike paragraph (5) of subsection 1001(a) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 
U.S.C. 3793(a)(5)), and insert the following new paragraph:
            ``(5) There are authorized to be appropriated for fiscal 
        year 2001 the sum of $459,950,000 and for the fiscal years 2002 
        through and including 2005 such sums as may be necessary to 
        carry out the programs under parts D and E (other than chapter 
        B of subpart 2 of part E) of this title.''.
    (b) Title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3751(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (25);
            (2) by striking the period and inserting ``; and'' at the 
        end of paragraph (26); and
            (3) by adding at the end the following:
            ``(27) programs for the reduction of the illegal supply of 
        firearms, especially to serious drug offenders, juveniles, 
        felons, and other prohibited persons, including comprehensive 
        tracing of firearms recovered by law enforcement officials, 
        trace analysis, strategy development and enforcement 
operations.''.

SEC. 1007. BODY ARMOR PENALTY ENHANCEMENT.

    (a) Findings and Sense of the Congress.--The Congress finds that 
persons who commit serious criminal offenses while using or carrying 
body armor pose a special risk to all Americans. The Congress further 
finds, however, that the States, not the Federal Government, should 
regulate such conduct--unless a person has otherwise committed an 
offense that may be prosecuted in a court of the United States. 
Accordingly, it is the sense of the Congress that officials of State 
and local governments should act quickly to enact penalty enhancements 
for the use or carriage of body armor that are at least as stringent as 
those provided for in the Body Armor Penalty Enhancement Act of 1998.
    (b) Section 929(a)(1) of title 18, United States Code, is amended 
to read as follows:
    ``(a)(1) Whoever, during and in relation to the commission of a 
crime of violence or drug trafficking crime (including a crime of 
violence or drug trafficking crime which provides for an enhanced 
punishment if committed by the use of a deadly or dangerous weapon or 
device) for which he may be prosecuted in a court of the United States, 
uses or carries a firearm and is in possession of armor piercing 
ammunition capable of being fired in that firearm, or who uses or 
carries body armor, shall, in addition to the punishment provided for 
the commission of such crime of violence or drug trafficking crime, be 
sentenced to a term of imprisonment of not less than five years.''.
    (c) Subsection (a) of section 929, title 18, United States Code, is 
amended by adding a new paragraph (3), as follows:
            ``(3) For purposes of this subsection, `body armor' means 
        bullet-resistant apparel or body armor meeting the requirements 
        of Type I-IV of Standard NILECJ-STD-0101.1, as formulated by 
        the United States Department of Justice, as the Attorney 
        General may adopt by regulation.''.

SEC. 1008. EXTENSION OF BULLETPROOF VEST PARTNERSHIP GRANT ACT.

    Section 1001(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3793(a)) is amended--
            (1) by redesignating paragraph (23), as added by the proof 
        Vest Partnership Grant Act of 1998 (42 U.S.C. 3711 note), as 
        paragraph (18); and
            (2) in paragraph (18), as so redesignated, by striking 
        ``fiscal years 1999 and 2001'' and inserting ``fiscal years 
        1999 through 2005''.

SEC. 1009. INTEGRATED INFORMATION TECHNOLOGY ASSISTANCE ACT.

    (a) Short Title.--This section may be cited as the ``Integrated 
Information Technology Assistance Act of 2000''.
    (b) Purpose.--The purpose of this section is to improve the 
functioning of the justice system by assisting States, Indian tribal 
governments, and units of local government in developing and improving 
integrated justice information sharing systems that allow the necessary 
exchange of information between components of the justice system, 
including law enforcement, courts, prosecution, public defense, 
corrections, and probation and parole, as well as with other 
governmental agencies, in order to strengthen and improve the justice 
system.
    (c) Grant Program.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
            (1) by redesignating part Z as part AA;
            (2) by redesignating section 2601 as 2701; and
            (3) by inserting after part Y the following new part:

          ``PART Z--INTEGRATED INFORMATION SYSTEMS ASSISTANCE

``SEC. 2601. INTEGRATED INFORMATION SYSTEMS ASSISTANCE PROGRAM.

    ``(a) General Program Purpose.--The purpose of this part is to 
improve the functioning of the justice system by assisting States, 
Indian tribal governments, and units of local government in developing 
and improving integrated justice information sharing systems that allow 
the necessary exchange of information between components of the justice 
system, including law enforcement, courts, prosecution, public defense, 
corrections, and probation and parole, as well as with other 
governmental agencies, in order to strengthen and improve the justice 
system.
    ``(b) Authority of Assistant Attorney General.--The Assistant 
Attorney General for the Office of Justice Programs may--
            ``(1) make grants to or enter into cooperative agreements 
        or contracts with public agencies, Indian tribal governments, 
        institutions of higher education, private organizations, non-
        profit entities, community-based organizations, private 
        individuals, international agencies, or interagency agreements 
        with other Federal agencies, for functions established in and 
        purposes related to this part;
            ``(2) provide technical assistance and training in support 
        of nationally integrated justice information sharing systems. 
        Technical assistance may include--
                    ``(A) Integration models.--The development of 
                flexible models that will define for public agencies, 
                Indian tribal governments, and other public and private 
                entities, integrated justice systems and strategies 
                associated with planning, funding, implementing, and 
                maintaining these systems; and
                    ``(B) Strategic planning assistance.--Providing 
                public agencies and Indian tribal governments 
                assistance in developing plans for integrated 
                information systems that involve all criminal justice 
                components, and where appropriate, other governmental 
                agencies;
            ``(3) work with and establish guidelines for the Office, 
        the Bureau of Justice Assistance, the Bureau of Justice 
        Statistics, the National Institute of Justice, the Office of 
        Juvenile Justice and Delinquency Prevention, and the Office for 
        Victims of Crime, to ensure that funding for information 
        technology disbursed under purposes set forth in their 
        governing statutes is used to develop integrated information 
        systems;
            ``(4) utilize other components of the Office, the Bureau of 
        Justice Assistance, the Bureau of Justice Statistics, the 
        National Institute of Justice, the Office of Juvenile Justice 
        and Delinquency Prevention, and the Office for Victims of Crime 
        to carry out the functions of this part;
            ``(5) provide staff support to coordinate the activities of 
        the Office, the Bureau of Justice Assistance, the Bureau of 
        Justice Statistics, the National Institute of Justice, the 
        Office of Juvenile Justice and Delinquency Prevention, and the 
        Office for Victims of Crime, and other Department of Justice 
        agencies as they relate to the development of a national 
        integrated justice information sharing capability;
            ``(6) act as a liaison to and where appropriate assist in 
        establishing guidelines for other Department of Justice 
        agencies that provide funding to public agencies or Indian 
        tribal governments for information technology to ensure that 
        funding for information technology disbursed under purposes set 
        forth in their governing statutes is used to develop integrated 
        information systems;
            ``(7) act as a liaison to and where appropriate assist in 
        establishing guidelines with other agencies that provide 
        funding to public agencies or Indian tribal governments for 
        information technology for the purposes of coordinating 
        information systems integration and standards development;
            ``(8) consult with and utilize services, equipment, 
        personnel, information, and facilities of other Federal, State, 
        local, and private agencies and instrumentalities with or 
        without reimbursement therefor where necessary to accomplish 
        the goals of this part. This authority shall be deemed 
        authority to rely on authorizing legislation of the other 
        Federal agencies to carry out the purposes of this part though 
        not expressly contained herein;
            ``(9) initiate research and development to support the 
        purposes of this part with the National Institute of Justice, 
        the Bureau of Justice Statistics, the Office of Juvenile 
        Justice and Delinquency Prevention and other public or private 
        research organizations, including seeking the cooperation of 
        the judicial branches of State, local, and Indian tribal 
        governments in coordinating civil and criminal justice research 
        and development relating to integration of the justice system. 
        The Assistant Attorney General for the Office of Justice 
        Programs may enter into partnerships with the National Science 
        Foundation or other public or private research organizations to 
        develop a research agenda to advance information technology 
        applications, including integration standards development. The 
        Assistant Attorney General for the Office of Justice Programs 
        may also engage in other partnerships that may benefit 
        integrated information technology research and development to 
accomplish the purposes of this part;
            ``(10) evaluate and assess the current status of integrated 
        justice within the United States and provide such information 
        for the benefit of developing integrated justice information 
        systems;
            ``(11) develop a national information resource center for 
        the assessment, evaluation, and development of a national 
        integrated justice system capability and collect, prepare, and 
        disseminate to interested State and local criminal justice 
        agencies information, including recommendations, pertaining to 
        the planning, development, implementation, funding, and ongoing 
        management of integrated justice information systems. The 
        national resource center shall operate with the best available 
        technology for collaboration and information exchange among 
        justice system practitioners;
            ``(12) disseminate information on integration approaches 
        and resources to State and local jurisdictions;
            ``(13) assist public agencies and Indian tribal governments 
        in integrated justice information system planning;
            ``(14) develop demonstration sites and model sites for 
        integrated justice systems that assist public agencies and 
        Indian tribal governments that have demonstrated and 
        implemented existing best practices to complete the final 
        phases of their integration initiatives. These demonstration 
        project jurisdictions may be used as a basis for establishing 
        peer-to-peer technical assistance relationships for integrated 
        justice, and funding may be made available to support the 
        jurisdictions' peer-to-peer technical assistance programs and 
        for evaluation of the demonstration projects;
            ``(15) initiate and coordinate the development, 
        application, and implementation of a voluntary system for 
        creating appropriate national integration standards for the 
        justice system;
            ``(16) act as liaison to public agencies and Indian tribal 
        governments to facilitate the goal of integrated justice. 
        Liaison functions may include providing forums for broad 
        collaboration on integrated justice information systems 
        planning, implementation, funding, ongoing system 
        administration, standards development, and other areas;
            ``(17) ensure consideration of enhanced security and 
        privacy related to integrated justice information sharing 
        systems;
            ``(18) establish partnerships with public or private 
        agencies and private organizations or individuals in 
        furtherance of the purposes of this part including for the 
        purposes of--
                    ``(A) undertaking information technology education 
                and training programs for criminal justice personnel;
                    ``(B) providing technical assistance for 
                information technology to public agencies and Indian 
                tribal governments;
                    ``(C) undertaking projects that are national or 
                multi-jurisdictional in scope and that address the 
                purposes specified in this section; and
                    ``(D) development, implementation, and 
                proliferation of information technology and integration 
                demonstration programs which, in view of previous 
                research or experience, are likely to be a success in 
                more than one jurisdiction;
            ``(19) make recommendations to Congress regarding better 
        coordination of agency funding in general to public agencies 
        and Indian tribal governments for information technology; and
            ``(20) exercise such other powers and functions as may be 
        vested in the Assistant Attorney General for the Office of 
        Justice Programs pursuant to title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 or by delegation of the 
        Attorney General.
    ``(c) Cooperation in Developing Programs in Making Grants Under 
This Part.--The Assistant Attorney General for the Office of Justice 
Programs shall ensure that model programs carried out pursuant to 
awards made under this part are developed with the participation of 
State and local officials from law enforcement, courts, prosecution, 
public defense, corrections, probation and parole agencies, and 
recognized experts in the area of integrated information sharing 
systems.

``SEC. 2602. AWARDS.

    ``(a) Purposes for Which Awards May Be Used.--Awards under this 
part shall provide technical assistance, strategic planning assistance, 
equipment and other support for the development, implementation, 
improvement, update or upgrade of justice information systems to 
achieve greater integration and improved information sharing among 
criminal justice agencies, specifically for purposes that may include--
            ``(1) supporting development of statewide or regional 
        strategic plans for integrating State and local criminal 
        justice information sharing systems, and to the extent they 
        benefit criminal justice, affiliated information systems 
        including health and human services, social services, 
        education, and transportation systems;
            ``(2) developing information technology-related training 
        for criminal justice agency employees;
            ``(3) developing, implementing, updating or upgrading 
        computerized information systems of law enforcement, courts, 
        prosecution, public defense, corrections, probation and parole 
        agencies for the purpose of improving information exchange 
        among criminal justice agencies, and to the extent they benefit 
        criminal justice, developing, implementing, updating, or 
        upgrading computerized information systems of affiliated 
        governmental agencies, including health and human services, 
        social services, education, and transportation;
            ``(4) developing demonstration projects and model sites for 
        integrated justice information systems;
            ``(5) supporting the creation and operation of integration 
        governance boards; and
            ``(6) purchasing, updating, or upgrading information 
        technology equipment in a way that will enhance agency 
        efficiency and interoperability, enhance system security and 
        privacy safeguards, and support a fully integrated justice 
        system.
    ``(b) Award Recipient Authority.--Notwithstanding any other 
provision of law, recipients of awards under the Omnibus Crime Control 
and Safe Streets Act of 1968, the Juvenile Justice and Delinquency 
Prevention Act of 1974, the Victims of Crime Act of 1984, the Violent 
Crime Control and Law Enforcement Act of 1994, and the Crime 
Identification Technology Act of 1998 to the extent such award is used 
to plan, develop, purchase, upgrade, update, or implement an 
information technology system, may use such awards jointly, provided 
that--
            ``(1) the combined funding is used toward the planning, 
        design, purchase, update or upgrade, or implementation of a 
        system that is fully integrated or is capable of being 
        integrated with all components of the criminal justice system 
        (law enforcement, courts, prosecution, public defense, 
        corrections, probation and parole); and
            ``(2) the system as developed and implemented benefits and 
        supports the purposes of each program from which funding was 
        derived.

``SEC. 2603. APPLICATIONS.

    ``(a) Applicants.--Applicants may be public agencies, Indian tribal 
governments, colleges and universities, private nonprofit or for profit 
agencies, private organizations, private individuals, international 
organizations, or consortia of eligible applicants.
    ``(b) Integration Planning Awards.--To request an award for 
integration planning under this part, an applicant shall submit an 
application that contains a statement of the plan objective and 
identifies the body or bodies that will oversee the planning process. 
If the application for an integration planning award is made by a unit 
of local government or units of local government, the applicant shall 
demonstrate that the plan takes into account any statewide or regional 
information technology plans and how those plans work toward achieving 
a statewide information architecture that will permit interoperability 
among all components of the justice system.
    ``(c) Technical Assistance Awards.--To request an award for 
technical assistance, equipment or other support, an applicant shall 
submit an application that includes a plan for use of information 
technology to improve information exchange among criminal justice 
agencies. This plan shall be prepared after consultation with State, 
local or Indian tribal government officials with emphasis on the 
recommendation of officials whose duty it is to oversee, plan, 
implement, and maintain justice information systems, and shall contain 
those elements set forth by the Assistant Attorney General for the 
Office of Justice Programs;
    ``(d) Content of applications.--All applications shall include the 
following assurances:
            ``(1) an assurance that the individual(s) who developed the 
        application took into consideration the information needs of 
        all branches of the State or local government, or Indian tribal 
        government;
            ``(2) an assurance that any information technology 
        equipment or computer applications will be purchased in 
        accordance with and in furtherance of integrated justice system 
        information strategies and architectures of public agencies and 
        Indian tribal governments and will support open system design;
            ``(3) an assurance that any integration planning and 
        implementation will include consideration of necessary linkages 
        to Federal information systems; and
            ``(4) an assurance that any integration planning and 
        implementation will include the consideration of planning and 
        implementation of wireless and geomapping technologies.

``SEC. 2604. GRANT LIMITATIONS.

    ``(a) Federal Share.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the program 
described in the application submitted under section 2603 of this part 
for the fiscal year for which the program receives assistance under 
this part, unless the Assistant Attorney General for the Office of 
Justice Programs waives, wholly or in part, the requirement of a 
matching contribution under this section. In-kind contributions may 
constitute a portion of the non-Federal share of an award. State and 
local units of government may use cash received under the equitable 
sharing program to cover the non-Federal portion of the costs of 
programs funded under this part.
    ``(b) Administrative and Evaluation Costs.--Not more than 3 percent 
of a grant made to an eligible State or locality under this part may be 
used for costs incurred to administer such grant and evaluate the 
program.
    ``(c) Nonsupplanting Requirement.--Funds made available under this 
part to a governmental entity shall not be used to supplant State or 
local funds, or in the case of Indian tribal governments, funds 
supplied by the Bureau of Indian Affairs, but shall be used to increase 
the amount of funds that would, in the absence of Federal funds 
received under this part, be made available from State or local 
sources, or in the case of Indian tribal governments, from funds 
supplied by the Bureau of Indian Affairs.
    ``(d) Personnel Costs.--Notwithstanding any other provision of law, 
funding under this part may be used to pay for the costs of retaining 
qualified technical personnel for the development of specified 
projects. Regulations shall be promulgated within 180 days of the date 
of enactment of this part to carry out this provision.
    ``(e) Priority of Awards.--Priority will be given to applicants for 
awards under this part who demonstrate that assistance will be for 
activities or purchases of equipment or computer applications that are 
in accordance with or in furtherance of development of integrated 
justice system information strategies and architectures of public 
agencies or Indian tribal governments and that support open system 
design.

``SEC. 2605. ACCOUNTABILITY.

    ``(a) Fiscal Requirements.--A recipient of funds under this part 
shall use accounting, audit, and fiscal procedures that conform to 
guidelines prescribed by the Attorney General, and shall ensure that 
any funds used to carry out the programs under this part shall 
represent the best value for the public agency or Indian tribal 
government at the lowest possible cost and employ the most appropriate 
technology.
    ``(b) Administrative Provisions.--The administrative provisions of 
part H of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3782-3789) shall apply to the Assistant Attorney 
General for the Office of Justice Programs under this part in the same 
manner that such provisions apply to the officials listed in such 
sections.

``SEC. 2606. REVIEW OF APPLICATIONS.

    ``Financial assistance upon approval of application or amendment. 
The Assistant Attorney General for the Office of Justice Programs may 
provide financial assistance to each applicant under this part to carry 
out the programs or projects submitted by such applicant upon 
determining that--
            ``(1) the application or amendment thereto is consistent 
        with the requirements of this part; and
            ``(2) before the approval of the application and any 
        amendment thereto the Assistant Attorney General for the Office 
        of Justice Programs has made an affirmative finding in writing 
        that the program or project has been reviewed in accordance 
        with this part.

``SEC. 2607. REPORTING REQUIREMENTS.

    ``Each awardee receiving funds under this part shall submit a 
report to the Assistant Attorney General for the Office of Justice 
Programs evaluating the effectiveness of projects developed with funds 
provided under this part and containing such additional information as 
the Assistant Attorney General for the Office of Justice Programs may 
prescribe.

``SEC. 2608. NATIONAL INSTITUTE OF JUSTICE.

    ``The National Institute of Justice at the request of the Assistant 
Attorney General for the Office of Justice Programs shall undertake 
necessary research and development and provide training and technical 
assistance to accomplish the purposes of this part, and the Assistant 
Attorney General shall transfer the necessary funds to the Institute 
for these purposes.

``SEC. 2609. NON-APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.

    ``Committees, consortia, focus groups, peer review panels, or other 
groups convened to undertake the purposes of this part shall be exempt 
from the requirements of the Federal Advisory Committees under the 
Federal Advisory Committee Act (5 U.S.C. App. II).''.
    (d) Conforming Amendments.--Section 102 of title I of the Crime 
Identification Technology Act of 1998 is amended--
            (1) by amending subsection (c)(2) to read as follows:
    ``(c)(2) Information Sharing.--Such assurances shall include a 
provision that ensures that a statewide strategy for information 
sharing systems is underway to improve the functioning of the criminal 
justice system, with an emphasis on integration of all criminal justice 
components, law enforcement, courts, prosecution, public defense, 
corrections, and probation and parole. The strategy shall be prepared 
in accordance with the requirements under subsections (c) and (d) of 
section 2603 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968.''; and
            (2) by inserting after subsection (f) the following:
    ``(g) Federal Assistance To Improve the Information Sharing 
Capacity of Public Defenders.--The Office of Justice Programs shall, 
subject to the availability of appropriation, make grants for States 
and units of local government to pay the costs of providing increased 
resources for public defense information systems as necessary to meet 
the needs of increased information sharing capability of public 
defenders under integrated criminal criminal justice information 
systems funded by this Act.''.

SEC. 1010. AUTHORIZATION TO LINK STATE AND LOCAL LAW ENFORCEMENT TO 
              WORLDWIDE POLICE COMMUNICATIONS NETWORK.

    The INTERPOL-U.S. National Central Bureau is hereby authorized to 
provide automation-related equipment and associated support to link 
State, local, and tribal law enforcement agencies to INTERPOL's 
worldwide police communications network, and to train State and local, 
law enforcement in using this equipment and INTERPOL's investigative 
capabilities.

SEC. 1011. INCLUSION OF FEDERAL, MILITARY, AND DISTRICT OF COLUMBIA 
              OFFENDERS IN THE DNA IDENTIFICATION INDEX.

    (a) Expansion of DNA Identification Index.--Section 811(a)(2) of 
the Antiterrorism and Effective Death Penalty Act of 1996 is amended to 
read as follows:
``(2) the Director of the Federal Bureau of Investigation may expand 
the combined DNA Identification System (CODIS) to include information 
on DNA identification records and analyses related to Federal crimes, 
crimes under the Uniform Code of Military Justice, and crimes under the 
District of Columbia Code, in accordance with section 210304 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14132).''.
    (b) Amendments to DNA Identification Statute.--Section 210304 of 
the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14132) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) DNA identification records of persons convicted of or 
        adjudicated delinquent for crimes;'';
                    (B) in paragraph (2), by striking ``and'';
                    (C) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (D) by inserting at the end the following:
            ``(4) analyses of DNA samples voluntarily contributed from 
        relatives of missing persons.'';
            (2) in subsection (b)(2), by striking ``, at regular 
        intervals of not to exceed 180 days,'' and inserting ``semi-
        annual'';
            (3) by redesignating subsection (c) as subsection (f); and
            (4) by inserting after subsection (b) the following:
    ``(c) Federal and District of Columbia Crimes.--(1) The Director of 
the Federal Bureau of Investigation shall include in the index 
established by this section DNA identification records from persons 
convicted of or adjudicated delinquent for qualifying crimes under 
Federal law or the District of Columbia Code, as defined in regulations 
promulgated by the Director. The Director of the Federal Bureau of 
Investigation shall also promulgate regulations establishing standards 
and procedures for the analysis of the DNA samples collected from such 
persons, and the inclusion of the analyses and DNA identification 
records relating to those samples in the index. Disclosure of 
information on such DNA identification records and DNA analyses shall 
be in conformity with subsection (b)(3). In promulgating regulations 
under this paragraph, the Director of the Federal Bureau of 
Investigation shall consult with the Director of the Bureau of Prisons, 
the Director of the Court Services and Offender Supervision Agency for 
the District of Columbia or the Trustee appointed under Sec. 11232(a) 
of the Balanced Budget Act of 1997, and the Chief of Police of the 
Metropolitan Police Department of the District of Columbia.
    ``(2) The Bureau of Prisons shall collect a DNA sample from each 
person who is in its custody on or after the effective date of this 
subsection and who has been convicted of or adjudicated delinquent for 
a qualifying crime. The Director of the Bureau of Prisons shall specify 
the time and manner of collection of DNA samples from such persons.
    ``(3) The probation office responsible for a person's supervision 
shall collect a DNA sample from each person who is on supervised 
release, parole, or probation on or after the effective date of this 
subsection and who has been convicted of or adjudicated delinquent for 
a qualifying crime. The Director of the Administrative Office of the 
United States Courts shall specify the time and manner of collection of 
DNA samples from such persons.
    ``(4)(A) The Court Services and Offender Supervision Agency for the 
District of Columbia or the Trustee appointed under Sec. 11232(a) of 
the Balanced Budget Act of 1997 shall collect a DNA sample from each 
person under the supervision of the Agency or Trustee who is on 
supervised release, parole, or probation on or after the effective date 
of this subsection and who has been convicted of a qualifying crime. 
The Director of the Agency or the Trustee shall specify the time and 
manner of collection of DNA samples from such persons.
    ``(B) The Government of the District of Columbia shall have the 
authority to collect DNA samples from persons who are in the custody of 
or under supervision by the District of Columbia on or after the 
effective date of this subsection, including the authority to determine 
the categories of such persons from whom DNA samples will be collected. 
For purposes of this subparagraph, `persons who are in the custody of 
or under supervision by the District of Columbia' means persons who are 
in the custody of or under supervision by any agency of the Government 
of the District of Columbia, other than persons who are under the 
supervision of the Trustee appointed under Sec. 11232(a) of the 
Balanced Budget Act of 1997.
    ``(5) The agencies responsible for collecting DNA samples under 
paragraph (2), (3), or (4)--
            ``(A) may waive the collection of a sample from a person if 
        another agency has collected or will collect such a sample from 
        the person; and
            ``(B) may use or authorize the use of such means as are 
        necessary to restrain and collect a sample from a person who 
        refuses to cooperate in the collection of a sample.
    ``(d) Military Offenders.--(1) The Secretary of Defense shall 
specify categories of conduct punishable under the Uniform Code of 
Military Justice (hereafter, `qualifying military crimes') which are 
comparable to the crimes specified by the Director of the Federal 
Bureau of Investigation under subsection (c)(1). The Secretary shall 
promulgate regulations establishing standards and procedures for--
            ``(A) the collection of DNA samples from persons convicted 
        of qualifying military crimes;
            ``(B) the analysis of DNA samples collected from such 
        persons; and
            ``(C) the inclusion of the analyses of such DNA samples and 
        DNA identification records relating to those samples in the 
        index established by this section.
    ``(2)(A) A DNA sample shall be collected from each person who is in 
custody or under supervision on or after the effective date of this 
subsection and who has been convicted of a qualifying military crime. 
The Secretary shall collect the sample, or arrange for its collection 
as provided in subparagraph (B).
    ``(B) The Secretary may arrange to have a DNA sample collected from 
a person by the Bureau of Prisons or another agency responsible for the 
collection of DNA samples under subsection (c), if the person is or 
will be in the custody of or under supervision by the Bureau of Prisons 
or such other agency. The Bureau of Prisons or other agency shall have 
the authority to collect a sample from such a person and shall exercise 
this authority as requested by the Secretary.
    ``(C) The Secretary shall have the powers described in subsection 
(c)(5) in relation to a person from whom the collection of a DNA sample 
is required by this subsection.
    ``(e) Criminal Penalty.--A person who refuses to cooperate in the 
collection of a DNA sample from the person, where the collection of 
such a sample is required pursuant to subsection (c) or (d), commits a 
Class A misdemeanor.''.
    (c) Conditions of Release.--(1) Section 3563(a) of title 18, United 
States Code, is amended--
            (A) in paragraph (7), by striking ``assessments; and'' and 
        inserting ``assessments;'';
            (B) in paragraph (8), by striking ``1994).'' and inserting 
        ``1994); and''; and (C) by inserting immediately after 
        paragraph (8) the following:
            ``(9) that the defendant cooperate in the collection of a 
        DNA sample from the defendant if the collection of such a 
        sample is required pursuant to section 210304 of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        14132).''.
            (2) Section 3583(d) of title 18, United States Code, is 
        amended by inserting before ``The court shall also order'' the 
        following: ``The court shall order as an explicit condition of 
        supervised release that the defendant cooperate in the 
        collection of a DNA sample from the defendant if the collection 
        of such a sample is required pursuant to section 210304 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14132).''.
            (3) Section 4209(a) of title 18, United States Code, is 
        amended by inserting before ``In every case, the Commission 
        shall also impose'' the following: ``In every case, the 
        Commission shall impose as a condition of parole that the 
        parolee cooperate in the collection of a DNA sample from the 
        parolee if the collection of such a sample is required pursuant 
        to section 210304 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14132).''.
    (4) For any person who has been convicted of or adjudicated 
delinquent for a Federal crime, a crime under the Uniform Code of 
Military Justice, or a crime under the District of Columbia Code, if 
the person is to be released on probation, parole, or supervised 
release, the sentencing court or other agency responsible for the 
imposition of release conditions shall impose as a condition of the 
probation, parole, or supervised release that the person cooperate in 
the collection of a DNA sample from the person if the collection of 
such a sample is required pursuant to section 210304 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132).
    (d) Effective Date.--The amendments made by this section shall take 
effect 180 days after enactment.

           TITLE II--BREAKING THE CYCLE OF DRUGS AND VIOLENCE

              Subtitle A--Zero Tolerance Drug Supervision

SEC. 2001. GRANT AUTHORITY.

    The Attorney General may make grants to States and units of local 
government, State courts, local courts, and Indian tribal governments, 
acting directly or through agreements with other public or private 
entities, for programs that support--
            (1) developing and/or implementing comprehensive drug 
        testing policies and practices with regard to criminal justice 
        populations; and
            (2) establishing appropriate interventions to illegal drug 
        use for offender populations. Applicants may choose to submit 
        joint proposals with other eligible criminal justice/court 
        agencies for systemic drug testing and intervention programs; 
        in this case, one organization must be designated as the 
        primary applicant.

SEC. 2002. ADMINISTRATION.

    (a) Consultation/Coordination.--In carrying out section 2001, the 
Attorney General shall coordinate with the other Justice Department 
initiatives that address drug testing and interventions in the criminal 
justice system.
    (b) Guidelines.--The Attorney General may issue guidelines 
necessary to carry out section 2001.
    (c) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
section 2001 shall--
            (1) reflect a comprehensive approach that recognizes the 
        importance of collaboration and a continuum of testing, 
        treatment, and other interventions;
            (2) include a long-term strategy and detailed 
        implementation plan;
            (3) address the applicant's capability to continue the 
        proposed program following the conclusion of Federal support;
            (4) identify related governmental or community initiatives 
        which complement or will be coordinated with the proposal;
            (5) certify that there has been appropriate consultation 
        with affected agencies and key stakeholders throughout the 
        criminal justice system and that there will be continued 
        coordination throughout the implementation of the program; and
            (6) describe the methodology that will be used in 
        evaluating the program.

SEC. 2003. APPLICATIONS.

    To request funds under section 2001, interested applicants shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require. Federal funding shall be awarded on a competitive basis based 
on criteria established by the Attorney General and specified in 
program guidelines.

SEC. 2004. FEDERAL SHARE.

    The Federal share of a grant made under section 2001 may not exceed 
75 percent of the total cost of the program described in the 
application submitted for the fiscal year for which the program 
receives assistance under section 2001, unless the Attorney General 
waives, wholly or in part, the requirement of a matching contribution 
under this section. In-kind contributions may constitute a portion of 
the non-federal share of a grant.

SEC. 2005. GEOGRAPHIC DISTRIBUTION.

    The Attorney General shall ensure that, to the extent practicable, 
an equitable geographic distribution of grant awards under section 2001 
is made, with rural and tribal jurisdiction representation.

SEC. 2006. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    (a) Technical Assistance and Training.--The Attorney General shall 
provide technical assistance and training in furtherance of the 
purposes of section 2001.
    (b) Evaluation.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for a rigorous evaluation of the programs that 
receive support under section 2001.
    (c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General or through grants, contracts, or cooperative 
agreements with other entities.

SEC. 2007. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out sections 2001 
through 2006 $75,000,000 for fiscal year 2001 and such sums as may be 
necessary for fiscal years 2002 through 2005.

SEC. 2008. PERMANENT SET-ASIDE FOR RESEARCH AND EVALUATION.

    The Attorney General shall reserve not less than 1 percent and no 
more than 3 percent of the sums appropriated under section 2007 in each 
fiscal year for research and evaluation of this program.

SEC. 2009. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE 
              VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING 
              GRANT PROGRAMS.

    Section 20105(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows:
    ``(b) Additional Requirements.--
            ``(1) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or section 20104, a State shall--
                    ``(A) provide assurances to the Attorney General 
                that the State has implemented or will implement not 
                later than 18 months after the date of the enactment of 
                this subtitle, policies that provide for the 
                recognition of the rights of crime victims; and
                    ``(B) no later than September 1, 2000, have a 
                program of drug testing and intervention for 
                appropriate categories of convicted offenders during 
                periods of incarceration and criminal justice 
                supervision, with sanctions including denial or 
                revocation of release for positive drug tests, 
                consistent with guidelines issued by the Attorney 
                General.
            ``(2) Use of funds.--Funds provided under section 20103 or 
        section 20104 of this subtitle may be applied to the cost of 
        offender drug testing and appropriate intervention programs 
        during periods of incarceration and criminal justice 
        supervision, consistent with guidelines issued by the Attorney 
        General. Further, such funds may be used by the States to pay 
the costs of providing to the Attorney General a baseline study on 
their prison drug abuse problem. Such studies shall be consistent with 
guidelines issued by the Attorney General.
            ``(3) System of sanctions and penalties.--Beginning in 
        fiscal year 2001, and thereafter, States receiving funds 
        pursuant to section 20103 or section 20104 of this subtitle 
        shall have a system of sanctions and penalties that address 
        drug trafficking within and into correctional facilities under 
        their jurisdiction. Such systems shall be in accordance with 
        guidelines issued by the Attorney General. Beginning in fiscal 
        year 2001, and each year thereafter, any State that the 
        Attorney General determines not to be in compliance with the 
        provisions of this paragraph shall have the funds it would have 
        otherwise been eligible to receive under section 20103 or 
        section 20104 reduced by 10 percent for each fiscal year for 
        which the Attorney General determines it does not comply. Any 
        funds that are not allocated for failure to comply with this 
        section shall be reallocated to States that comply with this 
        section.''.

SEC. 2010. REAUTHORIZATION OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT 
              GRANT PROGRAM.

    Paragraph (17) of section 1001(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(17)) is amended 
to read as follows:
            ``(17) There are authorized to be appropriated to carry out 
        part S $65,100,000 for fiscal year 2001 and such sums as may be 
        necessary for fiscal years 2002 through 2005.''.

SEC. 2011. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO 
              PROVIDE FOR SERVICES DURING AND AFTER INCARCERATION.

    Section 1901 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the end 
the following:
    ``(c) Additional Use of Funds.--States that demonstrate that they 
have existing in-prison drug treatment programs that are in compliance 
with Federal requirements may use funds awarded under this part for 
treatment and sanctions both during incarceration and after release.''.

SEC. 2012. REESTABLISHMENT OF DRUG COURTS.

    (a) Drug Courts.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
after part U the following new part:

                         ``PART V--DRUG COURTS

``SEC. 2201. GRANT AUTHORITY.

    ``The Attorney General may make grants to States, State courts, 
local courts, units of local government, and Indian tribal governments, 
acting directly or through agreements with other public or private 
entities, for programs that involve--
            ``(1) continuing judicial supervision over offenders with 
        substance abuse problems who are not violent offenders; and
            ``(2) the integrated administration of other sanctions and 
        services, which shall include--
                    ``(A) mandatory periodic testing for the use of 
                controlled substances or other addictive substances 
                during any period of supervised release or probation 
                for each participant;
                    ``(B) substance abuse treatment for each 
                participant;
                    ``(C) diversion, probation, or other supervised 
                release involving the possibility of prosecution, 
                confinement, or incarceration based on noncompliance 
                with program requirements or failure to show 
                satisfactory progress; and
                    ``(D) offender management, and aftercare services 
                such as relapse prevention, health care, education, 
                vocational training, job placement, housing placement, 
                and child care or other family support services for 
                each participant who requires such services.

``SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

    ``The Attorney General shall--
            ``(1) issue regulations or guidelines to ensure that the 
        programs authorized in this part do not permit participation by 
        violent offenders; and
            ``(2) immediately suspend funding for any grant under this 
        part, pending compliance, if the Attorney General finds that 
        violent offenders are participating in any program funded under 
        this part.

``SEC. 2203. DEFINITION.

    ``In this part, `violent offender' means a person who--
            ``(1) is charged with or convicted of an offense, during 
        the course of which offense or conduct--
                    ``(A) the person carried, possessed, or used a 
                firearm or dangerous weapon;
                    ``(B) there occurred the death of or serious bodily 
                injury to any person; or
                    ``(C) there occurred the use of force against the 
                person of another, without regard to whether any of the 
                circumstances described in subparagraph (A) or (B) is 
                an element of the offense or conduct of which or for 
                which the person is charged or convicted; or
            ``(2) has one or more prior convictions for a felony crime 
        of violence involving the use or attempted use of force against 
        a person with the intent to cause death or serious bodily harm.

``SEC. 2204. ADMINISTRATION.

    ``(a) Consultation.--The Attorney General shall consult with the 
Secretary of Health and Human Services and any other appropriate 
officials in carrying out this part.
    ``(b) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this part.
    ``(c) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines necessary to carry out this part.
    ``(d) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan;
            ``(2) explain the applicant's inability to fund the program 
        adequately without Federal assistance;
            ``(3) certify that the Federal support provided will be 
        used to supplement, and not supplant, State, Indian tribal, and 
        local sources of funding that would otherwise be available;
            ``(4) identify related governmental or community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate consultation 
        with all affected agencies and that there will be appropriate 
        coordination with all affected agencies in the implementation 
        of the program;
            ``(6) certify that participating offenders will be 
        supervised by one or more designated judges with responsibility 
        for the drug court program;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support; and
            ``(8) describe the methodology that will be used in 
        evaluating the program.

``SEC. 2205. APPLICATIONS.

    ``To request funds under this part, the chief executive or the 
chief justice of a State or the chief executive or chief judge of a 
unit of local government or Indian tribal government, or the chief 
judge of a State or local court or Indian tribal court shall submit an 
application to the Attorney General in such form and containing such 
information as the Attorney General may reasonably require.

``SEC. 2206. FEDERAL SHARE.

    ``The Federal share of a grant made under this part may not exceed 
75 percent of the total costs of the program described in the 
application submitted under section 2205 for the fiscal year for which 
the program receives assistance under this part, unless the Attorney 
General waives, wholly or in part, the requirement of a matching 
contribution under this section. In-kind contributions may constitute a 
portion of the non-Federal share of a grant.

``SEC. 2207. GEOGRAPHIC DISTRIBUTION.

    ``The Attorney General shall ensure that, to the extent 
practicable, an equitable geographic distribution of grant awards is 
made.

``SEC. 2208. REPORT.

    ``A State, Indian tribal government, or unit of local government 
that receives funds under this part during a fiscal year shall submit 
to the Attorney General a report in March of the following year 
regarding the effectiveness of this part.

``SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    ``(a) Techincal Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this part.
    ``(b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for evaluations of programs that receive support 
under this part.
    ``(c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General, in collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by inserting after the matter relating to part U the 
following:

                         ``Part V--Drug Courts

``Sec. 2201. Grant authority.
``Sec. 2202. Prohibition of participation by violent offenders.
``Sec. 2203. Definition.
``Sec. 2204. Administration.
``Sec. 2205. Applications.
``Sec. 2206. Federal share.
``Sec. 2207. Geographic distribution.
``Sec. 2208. Report.
``Sec. 2209. Technical assistance, training, and evaluation.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) 
is amended--
            (1) in paragraph (3) by inserting ``V'' between ``U'' and 
        ``W''; and
            (2) by adding at the end the following new paragraph:
            ``(20)(A) There are authorized to be appropriated for 
        fiscal year 2001 the sum of $50,000,000 and for fiscal years 
        2002 through 2005 such sums as may be necessary to carry out 
        part V.
            ``(B) The Attorney General shall reserve not less than 1 
        percent and not more than 3 percent of the sums appropriated 
        for this program in each fiscal year for research and 
        evaluation of this program.''.

SEC. 2013. EXCEPTIONS TO TIME LIMITS FOR BYRNE PROGRAM GRANTS FOR 
              CERTAIN PURPOSES.

    Section 504(f) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3754(f)), is amended to read as follows:
    ``(f) Programs Already Receiving Funds.--No funds may be awarded 
under this part to a grant recipient for a program or project for which 
funds have been awarded under this chapter for 4 years (in the 
aggregate), including any period occurring before the effective date of 
this subsection except for grants to State and local governments for 
the following purposes:
            ``(1) participating in multi-jurisdictional drug task 
        forces and gang task forces;
            ``(2) victim assistance programs;
            ``(3) drug and alcohol abuse treatment in prisons and 
        jails;
            ``(4) community-based programs for adult and juvenile drug-
        dependent and alcohol-dependent offenders;
            ``(5) monitoring of drug-dependent offenders;
            ``(6) for those innovative programs that demonstrate new 
        and different approaches to enforcement, prosecution and 
        adjudication of drug and other serious crimes that include all 
        aspects of community-based intervention, surveillance and 
        supervision; and
            ``(7) providing alternatives to prevent detention, jail, 
        and prison for persons who pose no danger to the community.''.

SEC. 2014. PROVISION TO FREE EXISTING PRISON SPACE FOR VIOLENT OFFENDER 
              INCARCERATION.

    (a) Subsections (d) and (e) of section 20105 of part A of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13705 
(d), (e)) are redesignated as subsections (f) and (g), respectively.
    (b) Section 20105 of part A of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13705) is amended by adding the 
following new subsections:
    ``(d) Graduated Sanctions.--Notwithstanding any other provision of 
this part, any State or unit of local government which has unexpended 
funds granted to it under section 20103 or 20104 for the fiscal years 
1996 through 2001, may expend not more than 25 percent of such funds 
for the implementation of graduated sanctions or sentencing 
alternatives to incarceration, provided that such implementation shall 
be undertaken by said State or unit of local government for the purpose 
of freeing suitable existing prison space for the confinement of 
persons convicted of part 1 violent crimes.
    ``(e) Definition.--For purposes of subsection (d), the term 
`graduated sanctions' means tangible, proportional consequences that 
hold offenders accountable and are imposed on offenders for every 
offense, that escalate in intensity with each subsequent, more serious 
offense, that are suited to the offense, and that also take equally 
into account public safety considerations and concern for crime 
victims. Such sanctions may include intensive community supervision, 
regular drug testing and treatment supervised by drug courts or other 
criminal justice agencies, victim and community restitution, and 
certain, but short-term, incarceration.''.
    (c) Subsection (a) of section 20108 of part A of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13708(a)) is amended 
to read, as follows:
    ``(a) Authorizations.--There are authorized to be appropriated to 
carry out this part such sums as may be necessary for fiscal years 2001 
through 2005.''.

                    Subtitle B--Anti-Drug Provisions

SEC. 2021. NATIONAL STANDARD TO PROHIBIT OPERATION OF MOTOR VEHICLES BY 
              INTOXICATED INDIVIDUALS.

    (a) In General.--Subchapter I of chapter 1 of title 23, United 
States Code, is amended by adding at the end the following:

``SEC. 165. NATIONAL STANDARD TO PROHIBIT OPERATION OF MOTOR VEHICLES 
              BY INTOXICATED INDIVIDUALS.

    ``(a) Withholding of Apportionments for noncompliance.--
            ``(1) Fiscal year 2003.--The Secretary shall withhold 5 
        percent of the amount required to be apportioned to any State 
        under each of paragraphs (1), (3), and (4) of section 104(b) on 
        October 1, 2002, if the State does not meet the requirements of 
        paragraph (3) on that date.
            ``(2) Subsequent fiscal years.--The Secretary shall 
        withhold 10 percent (including any amounts withheld under 
        paragraph (1)) of the amount required to be apportioned to any 
        State under each of paragraphs (1), (3), and (4) of section 
        104(b) on October 1, 2003, and on October 1 of each fiscal year 
        thereafter, if the State does not meet the requirements of 
        paragraph (3) on that date.
            ``(3) Requirements.--A State meets the requirements of this 
        paragraph if the State has enacted and is enforcing a law 
        providing that an individual who has an alcohol concentration 
        of 0.08 percent or greater while operating a motor vehicle in 
        the State has committed the offense of driving while 
        intoxicated (or an equivalent offense under the law of the 
        State for operating a motor vehicle after having consumed 
        alcohol).
    ``(b) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30, 
                2004.--Any funds withheld under subsection (a) from 
                apportionment to any State on or before September 30, 
                2004, shall remain available until the end of the third 
                fiscal year following the fiscal year for which the 
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2004.--No 
                funds withheld under this section from apportionment to 
                any State after September 30, 2004, shall be available 
                for apportionment to the State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (a) from apportionment are to remain available 
        for apportionment to a State under paragraph (1)(A), the State 
        meets the requirements of subsection (a)(3), the Secretary 
        shall, on the first day on which the State meets the 
        requirements, apportion to the State the funds withheld under 
        subsection (a) that remain available for apportionment to the 
        State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--
                    ``(A) In general.--Any funds apportioned under 
                paragraph (2) shall remain available for expenditure 
                until the end of the third fiscal year following the 
                fiscal year in which the funds are so apportioned.
                    ``(B) Treatment of certain funds.--Sums not 
                obligated at the end of the period referred to in 
                subparagraph (A) shall lapse.
            ``(4) Effect of noncompliance.--If, at the end of the 
        period for which funds withheld under subsection (a) from 
        apportionment are available for apportionment to a State under 
        paragraph (1)(A), the State does not meet the requirements of 
        subsection (a)(3), the funds shall lapse.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by adding at the end the 
following:

``Sec. 165. National standard to prohibit operation of motor vehicles 
                            by intoxicated individuals.''.

SEC. 2022. DRUG FREE TEENAGE DRIVERS.

    (a) This section may be cited as the ``Drug Free Teenage Drivers 
Act''.
    (b) Demonstration Program.--The National Highway Traffic Safety 
Administration shall establish a demonstration program in several 
states to provide drug testing for all teenaged applicants (or other 
first time applicants for a driver's license regardless of age) for a 
driver's license. If an applicant tests positive in the drug test, the 
State in which the program is established will not issue a license to 
the applicant and will require the applicant to complete a State drug 
treatment program and to not test positive in a drug test before 
reapplying for a license.
    (c) Chapter 4 of title 23, United States Code, is amended by adding 
at the end the following:

``SEC. 412. GRANTS TO PREVENT IMPAIRMENT BY DRUGS AND CHEMICAL 
              SUBSTANCES.

    ``(a) The Secretary of Transportation shall establish an incentive 
grant program for States to assist the States in improving their laws 
relating to controlled substances and driving.
    ``(b) To qualify for a grant under subsection (a) a state shall 
carry out the following:
            ``(1) Enact, enforce, and publicize a law which makes it 
        illegal to drive in the State with any measurable amount of an 
        illegal controlled substance in the driver's body. An illegal 
        controlled substance is a controlled substance for which an 
        individual does not have a legal written prescription. An 
        individual who is convicted of such illegal driving shall be 
        referred to appropriate services, including intervention, 
        counseling, and treatment.
            ``(2) Enact, enforce, and publicize a law which makes it 
        illegal to drive in the State when driving is impaired by the 
        presence of any drug or chemical substance. The State shall 
        provide that in the enforcement of such law, a driver shall be 
        tested for the presence of a drug or chemical substance when 
        there is evidence of impaired driving and a driver will have 
        the driver's license suspended. And individual who is convicted 
        of such illegal driving shall be referred to appropriate 
        services, including intervention, counseling, and treatment.
            ``(3) Enact, enforce, and publicize a law which authorizes 
        the suspension of a driver's license if the driver is convicted 
        of any criminal offense relating to drugs.
            ``(4) Adopt procedures to ensure that beginning driver 
        applicants and other individuals applying for or renewing a 
        driver's license will be provided information about the laws 
        referred to in paragraphs (1), (2), and (3) and will be 
        required to answer drug-related questions on their 
        applications.
    ``(c) A State may only use a grant under paragraph (1) to implement 
and enforce the programs described in paragraph (2).
    ``(d) The amount of a grant made for any fiscal year to any 
eligible State shall not be more than 20 percent of the amount 
appropriated to the State for fiscal year 1997 under section 402 of 
this title.''.
    (d) There are authorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Account) such sums as may be 
necessary for each of the fiscal years 2001 through 2005 to carry out 
this section.

SEC. 2023. AMENDMENTS CONCERNING TEMPORARY EMERGENCY SCHEDULING.

    Section 201(h) of the Controlled Substances Act (21 U.S.C. 811(h)) 
is amended to read as follows:
    ``(h) Temporary Scheduling To Avoid Imminent Hazards to Public 
Safety.--
            ``(1) In general.--If the Attorney General finds that the 
        control of a substance on a temporary basis is necessary to 
        avoid an imminent hazard to the public safety, the Attorney 
        General may, by order and without regard to the requirements of 
        subsection (b) of this section relating to the Secretary of 
        Health and Human Services, and without regard to the findings 
        required under section 202(b) (21 U.S.C. 812(b)), temporarily 
        schedule such substance in accordance with this subsection if 
        no approval is in effect for the substance under section 505(i) 
        of the Federal Food, Drug, and Cosmetic Act (hereafter in this 
        subsection referred to as the FDC Act) (21 U.S.C. 355(i)).
                    ``(A) If the substance is not contained in a drug 
                for which an investigational new drug exemption is in 
                effect under section 505(i) of the FDC Act, the 
                temporary scheduling order shall place such substance 
                in schedule I.
                    ``(B) If the substance is contained in a drug for 
                which an investigational new drug exemption is in 
                effect under section 505(i) of the FDC Act, the 
                temporary scheduling order shall place such substance 
                in schedule II, subject to the conditions set forth in 
                paragraph (6) of this subsection.
                    ``(C) A temporary scheduling order, or order 
                renewing such order, may not take effect before the 
                expiration of thirty days from--
                            ``(i) the date of the publication by the 
                        Attorney General of a notice in the Federal 
                        Register of the intention to issue such order 
                        and the grounds upon which such order is to be 
                        issued; and
                            ``(ii) the date the Attorney General has 
                        transmitted the notice required by paragraph 
                        (4).
            ``(2) Duration of temporary scheduling; renewal of 
        orders.--
                    ``(A) A temporary scheduling order issued under 
                subparagraph (1)(A) of this subsection shall expire at 
                the end of one year from the effective date of the 
                order, except that the Attorney General may, during the 
                pendency of proceedings under subsection (a)(1) of this 
                section with respect to the substance, extend the 
                temporary scheduling order for up to six months.
                    ``(B) A temporary scheduling order issued under 
                subparagraph (1)(B) of this subsection shall expire at 
                the end of 18 months from the effective date of the 
                order, except that, if the Attorney General determines 
                that continuation of the temporary scheduling order is 
                necessary to avoid an imminent hazard to the 
public safety, the Attorney General may issue a renewal order, 30 days 
prior to expiration of the temporary scheduling order, extending the 
original order for an additional 18 months, provided the following 
conditions are met--
                            ``(i) an exemption with respect to such 
                        substance remains in effect under section 
                        505(i) of the FDC Act; and--
                            ``(ii) the holder of such exemption is 
                        actively pursuing the clinical investigation of 
                        the substance.
                The Secretary shall certify to the Attorney General 
                whether or not each of conditions (i) and (ii) continue 
                to be met no later than 90 days prior to the date on 
                which the temporary scheduling order is scheduled to a 
                expire. As long as both conditions continue to be met, 
                the Attorney General may, every 18 months, continue to 
                issue orders renewing the temporary scheduling of a 
                particular substance. If either of the foregoing 
                conditions are no longer met for a particular 
                substance, the temporary scheduling of that substance 
                may not be renewed and shall expire 12 months after the 
                date on which such condition fails to be met, except 
                that the Attorney General may, during the pendency of 
                proceedings under subsection (a)(l) of this section 
                with respect to the substance, extend the temporary 
                scheduling for an additional six months.
            ``(3) Factors determinative of temporary scheduling.--When 
        issuing an order under paragraph (1), the Attorney General 
        shall be required to consider, with respect to the finding of 
        an imminent hazard to the public safety, only those factors set 
        forth in paragraphs (4), (5), and (6) of subsection (c) of this 
        section, including actual abuse, diversion from legitimate 
        channels, and clandestine importation, manufacture, or 
        distribution.
            ``(4) Consultation with the secretary of health and human 
        services.--The Attorney General shall transmit notice of an 
        order proposed to be issued under paragraph (1) to the 
        Secretary of Health and Human Services. In issuing an order 
        under paragraph (1), the Attorney General shall take into 
        consideration any comments submitted by the Secretary in 
        response to a notice transmitted pursuant to this paragraph.
            ``(5) Effect of permanent scheduling proceedings.--An order 
        issued under paragraph (1) with respect to a substance shall be 
        vacated upon the conclusion of a subsequent rule making 
        proceeding initiated under subsection (a) of this section with 
        respect to such substance.
            ``(6) Special rules applicable to temporarily scheduled 
        investigational drugs.--
                    (A) In the case of a substance that is temporarily 
                scheduled under subparagraph (l)(B) of this subsection 
                that was controlled under this subchapter prior to its 
                temporary scheduling, any person who manufactures, 
                distributes, dispenses, possesses, or uses such 
                substance within the scope of the exemption under 
                section 505(i) of the FDC Act shall be subject to the 
                same requirements of this subchapter that were in 
                effect prior to the temporary scheduling.
                    ``(B) In the case of a substance that is 
                temporarily scheduled under subparagraph (l)(B) of this 
                subsection that was not controlled under this 
                subchapter prior to its temporary scheduling, any 
                person who manufactures, distributes, dispenses, 
                possesses, or uses such substance within the scope of 
                the exemption under section 505(i) of the FDC Act shall 
                not be required to comply with the requirements of part 
                C of this subchapter, except as provided in this 
                paragraph--
                            ``(i) Such person shall be subject to 
                        sections 302, 303, and 304 (21 U.S.C. 822, 823, 
                        and 824), relating to registration.
                            ``(ii) Compliance with applicable record 
                        keeping and reporting requirements of the FDC 
                        Act, as determined by the Secretary, shall 
                        constitute compliance with section 307 (21 
                        U.S.C. 827). A violation of such requirements 
                        shall constitute a violation of section 307 and 
                        shall subject a violator to applicable 
                        penalties under Part D of this subchapter, in 
                        addition to any other penalties provided by 
                        law. Records or documents required to be kept 
                        for such purposes under the FDC Act shall be 
                        deemed records or documents required under this 
                        subchapter, and places where such records or 
                        documents are kept or required to be kept shall 
                        be deemed controlled premises for purposes of 
                        administrative inspections and warrants under 
                        section 510 (21 U.S.C. 880).
                            ``(iii) A registrant handling an 
                        investigational drug that has been temporarily 
                        scheduled under this section shall be subject 
                        to the requirements established under section 
                        307(f), relating to procedures necessary to 
                        insure the security and accountability of 
                        controlled substances used in research and to 
                        prevent theft or diversion of the drug into 
                        illegal channels of distribution.
                    ``(C) Each person that is a sponsor of an 
                investigation of a new drug for which a research 
                exemption is in effect under section 505(i) of the FDC 
                Act with respect to such substance shall be required to 
                certify to the Secretary of Health and Human Services, 
                by one month after the effective date of the temporary 
                scheduling order with respect to the substance, and by 
                the end of each succeeding six month period, that such 
                person is able to account for the location and use of 
                all quantities of such substance that are or have been 
                manufactured, distributed, dispensed, possessed, or 
                used under such exemption on or before the date of such 
                certification.
                    ``(D) In the case of a substance that is 
                temporarily scheduled under subparagraph (1)(B) of this 
                subsection, the disclosure of the existence of an 
                exemption under section 505(i) of the FDC Act with 
                respect to such substance shall not be considered to be 
                disclosure prohibited by section 301(j) of the FDC Act 
                or section 1905 of title 18 of the United States Code.
                    ``(E) The manufacture, possession, distribution, or 
                use of such substance within the scope of such 
                exception shall not be subject to any requirements or 
                penalty under State or local law more stringent than 
                the provisions of this chapter or other applicable 
                Federal law.
            ``(7) Judicial review.--An order issued under paragraph (1) 
        is not subject to judicial review, except that a renewal order 
        issued under subparagraph (2)(B) of this subsection is subject 
        to judicial review in accordance with section 507 (21 U.S.C. 
        877).''.

SEC. 2024. AMENDMENT TO REPORTING REQUIREMENT FOR TRANSACTIONS 
              INVOLVING CERTAIN LISTED CHEMICALS.

    Section 310(b)(3) of the Controlled Substances Act (21 U.S.C. 
830(b)(3)) is amended by--
            (1) redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C);
            (2) inserting a new subparagraph (A) as follows:
                    ``(A) As used in this section, the term `drug 
                product' means a pharmaceutical substance in dosage 
                form that has been approved under the Food, Drug and 
                Cosmetic Act for distribution in the United States.'';
            (3) in the redesignated (B) by inserting ``or who engages 
        in an export transaction'' after ``nonregulated person''; and
            (4) adding at the end the following--
                    ``(D) Except as provided in subparagraph (E), the 
                following distributions to a nonregulated person and 
                the following export transactions shall not be subject 
                to the reporting requirement established in 
                subparagraph (B):
                            ``(i) distributions of sample packages of 
                        drug products when such packages contain not 
                        more than 2 solid dosage units or the 
                        equivalent of 2 dosage units in liquid form, 
                        not to exceed 10 milliliters of liquid per 
                        package, and not more than one package is 
                        distributed to an individual or residential 
                        address in any 30-day time period;
                            ``(ii) distributions of drug products by 
                        retail distributors to the extent that such 
                        distributions are consistent with the 
                        activities authorized for a retail distributor 
as set out in section 102(46) of this title;
                            ``(iii) distributions of drug products to a 
                        resident of a Long Term Care Facility (as that 
                        term is defined in the regulations of the 
                        Attorney General) or distributions of drug 
                        products to a Long Term Care Facility for 
                        dispensing to or for use by a resident of that 
                        facility;
                            ``(iv) distributions of drug products 
                        pursuant to a valid prescription (as used in 
                        this section, the term `valid prescription' is 
                        one which is issued for a legitimate medical 
                        purpose by individual practitioner licensed by 
                        law to administer and prescribe such drugs and 
                        acting in the usual course of his/her 
                        professional practice);
                            ``(v) exports which have been reported to 
                        the Attorney General pursuant to section 1004 
                        or 1018 of title III or which are subject to a 
                        waiver granted under section 1018(e)(2) of 
                        title III; and
                            ``(vi) any quantity, method or type of 
                        distribution or any quantity, method or type of 
                        distribution of a specific listed chemical 
                        (including specific formulations or drug 
                        products) or of a group of listed chemicals 
                        (including specific formulations or drug 
                        products) which the Attorney General has 
                        excluded by regulation from this reporting 
                        requirement on the basis that such reporting is 
                        not necessary to the enforcement of this title 
                        or title III.
                    ``(E) The Attorney General may revoke any or all of 
                the exemptions listed in (C) for an individual 
                regulated person if he finds that drug products 
                distributed by that person are being used in violation 
                of this title or title III. The regulated person shall 
                be notified of this revocation, which will be effective 
                upon receipt by the regulated person of such notice, as 
                provided in section 1018(c)(1) of title III and has the 
                right to an expedited hearing as provided in section 
                1018(c)(2) of title III.''.

SEC. 2025. AMPHETAMINE PENALTY INCREASES.

    (a) Sentencing Guidelines for Amphetamine Offenses.--
            (1) Directive to the united states sentencing commission.--
        Pursuant to its authority under section 994(p) of title 28, 
        United States Code, and in accordance with this section, the 
        United States Sentencing Commission shall review and amend its 
        guidelines and its policy statements applicable to persons 
        convicted of controlled substances offenses involving 
        amphetamine, its salts, isomers, or salts of its isomers.
            (2) Requirements.--In carrying out this subsection, the 
        Sentencing Commission shall:
                    (A) amend the Drug Quantity Table (USSG 
                Sec. 2D1.1(c)) such that:
                            (i) offenses involving 50 grams or more of 
                        amphetamine, its salts, isomers, or salts of 
                        its isomers or 500 grams or more of a mixture 
                        or substance containing a detectable amount of 
                        amphetamine, its salts, isomers, or salts of 
                        its isomers are assigned a base offense level 
                        of at least 32; and
                            (ii) offenses involving 5 grams or more of 
                        amphetamine, its salts, isomers, or salts of 
                        its isomers or 50 grams or more of a mixture or 
                        substance containing a detectable amount of 
                        amphetamine, its salts, isomers, or salts of 
                        its isomers are assigned a base offense level 
                        of at least 26;
                    (B) make all necessary conforming changes to the 
                Drug Quantity Table (USSG Sec. 2D1.1(c)) to assign base 
                offense levels above and below those specifically 
                specified in subsection (a)(2)(A) for offenses 
                involving other quantities of amphetamine, its salts, 
                isomers, or salts of its isomers or a mixture or 
                substance containing a detectable amount of 
                amphetamine, its salts, isomers, or salts of its 
                isomers; and
                    (C) make any necessary conforming changes to other 
                sections of the sentencing guidelines.
            (3) Emergency authority.--The Commission shall promulgate 
        any guidelines or amendments provided for under this section as 
        soon as practicable in accordance with the procedures set forth 
        in section 21(a) of the Sentencing Act of 1987, as though the 
        authority under that Act has not expired.
    (b) Maximum Penalty for Possessing Equipment To Manufacture 
Amphetamine.--Section 403(d)(2) of the Controlled Substances Act (21 
U.S.C. 843(d)(2)) is amended by inserting ``or amphetamine'' after 
``methamphetamine''.

SEC. 2026. ANABOLIC AGENTS.

    (a) Definition.--Section 102(41) of the Controlled Substances Act 
(21 U.S.C. 802 (41)) is amended.--
          (1) in subparagraph (A)--
                    (A) by amending the matter preceding clause (i) to 
                read as follows:
            ``(41) The term `anabolic agent' means--
                    ``(A) an anabolic steroid which is any drug or 
                horomonal substance, chemically and pharmacologically 
                related to testosterone (other than estrogens, 
                progestins, and corticosteroids) that promotes muscle 
                growth and includes.--''; and
                    (B) by striking ``growth.'' and inserting growth; 
                or'';
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) any other substance, including its salts and 
                isomers, which the Attorney General, after consultation 
                with the Secretary, determines and specifies by 
                regulation as (i) being capable of producing anabolic 
                effects similar to those of testosterone and (ii) which 
                is abused for purposes of increasing muscle mass or 
                strength, to enhance athletic performance, or for other 
                purposes.''.
    (b) Section 202(c), Schedule III(e), of the Controlled Substances 
Act (21 U.S.C. 812(c), Schedule III(e)) is amended by striking 
``Anabolic steroids'' and inserting ``Anabolic agents''.

SEC. 2027. DRUG PARAPHERNALIA.

    (a) In General.--Section 422(d) of the Controlled Substances Act 
(21 U.S.C. 863(d)) is amended by inserting ``packaging,'' after 
``concealing,''.
    (b) Determination of Drug Paraphernalia.--Section 422(e)(4) of the 
Controlled Substances Act (21 U.S.C. 863(e)(4)) is amended by adding 
the following after ``sale'': ``including, but not limited to, whether 
the item displays any name brand, insignia or other indicator which is 
associated with illegal drugs or which is used to advertise or identify 
an illegal drug''.
    (c) Clerical Amendments.--(1) Section 511(a)(10) of the Controlled 
Substances Act (21 U.S.C. 881(a)(10)) is amended by striking all after 
``as defined in'' and inserting ``section 422 of this title.''.
            (2) Section 422 of the Controlled Substances Act (21 U.S.C. 
        881(a)(10)) is amended--
                    (A) by deleting subsection (c); and
                    (B) by redesignating subsections (d), (e), and (f) 
                as subsections (c), (d), and (e), respectively.

SEC. 2028. COUNTERFEIT SUBSTANCES/IMITATION CONTROLLED SUBSTANCES.

    (a) Section 102(7) of the Controlled Substances Act (21 U.S.C. 
802(7)) is amended by--
            (1) inserting ``(A)'' after ``(7)'';
            (2) designating the text after ``a controlled substance'' 
        as clause (i);
            (3) inserting ``characteristic,'' after ``number,'';
            (4) striking the period at the end and inserting a 
        semicolon; and
            (5) adding at the end the following:
                    ``(ii) which falsely purports or is represented to 
                be a different controlled substance; or
                    ``(iii) which is manufactured or designed in such a 
                manner, or is distributed, dispensed, or otherwise 
                transferred under such circumstances, such that a 
reasonable person would believe that the substance is a different 
controlled substance.
            ``(B) The term `imitation controlled substance' means a 
        substance, which is not a controlled substance, that is 
        represented (expressly or by implication) to be a controlled 
        substance.
            ``(C) The term `imitation controlled substance' does not 
        include a placebo which is directly applied to the body of a 
        research subject or a patient or which is delivered to a 
        research subject or a person for his own use, by, or pursuant 
        to the order of, a practitioner for a lawful purpose.''.
    (b) Section 102(8) of the Controlled Substances Act (21 U.S.C. 
802(8)) is amended by inserting ``, an imitation controlled 
substance,'' after ``controlled substance''.
    (c) Section 102(11) of the Controlled Substances Act (21 U.S.C. 
802(11)) is amended by--
            (1) inserting ``to deliver an imitation controlled 
        substance or'' after ``controlled substance or'' in the first 
        sentence; and
            (2) inserting ``, an imitation controlled substance,'' 
        after ``controlled substance'' in the second sentence.
    (d) Section 102(44) of the Controlled Substances Act (21 U.S.C. 
802(44)) is amended by--
            (1) striking ``or'' after ``marihuana,''; and
            (2) inserting ``, anabolic agents, or listed chemicals, or 
        an offense that is punishable by imprisonment for more than one 
        year under any provision of this title or title III'' after 
        ``stimulant substances''.
    (e) Section 401(a) of the Controlled Substances Act (21 U.S.C. 
841(a)) is amended by--
            (1) striking ``or'' at the end of paragraph (1);
            (2) striking ``create'' in paragraph (2) and inserting 
        ``manufacture'';
            (3) inserting ``manufacture,'' after ``intent to'' in 
        paragraph (2);
            (4) striking the period at the end of paragraph (2) and 
        inserting ``; or'' ; and
            (5) adding at the end the following paragraph:
            ``(3) to manufacture, distribute, or dispense, or possess 
        with intent to manufacture, distribute or dispense, an 
        imitation controlled substance.''.
    (f) Section 401(b) of the Controlled Substances Act (21 U.S.C. 
841(b) is amended by redesignating paragraphs (4) through (7) as 
paragraphs (6) through (9) and inserting after paragraph (3) the 
following:
            ``(4)(A) In the case of a counterfeit substance, such 
        person shall be sentenced in accordance with this section based 
        on the controlled substance which the counterfeit substance is 
        represented to be or based on the controlled substance which is 
        actually contained in the counterfeit substance, whichever 
        provides the greater sentence.
            ``(B) Paragraph (5)(B) of this subsection may be applied to 
        make a determination that a controlled substance is a 
        counterfeit substance.
            ``(5)(A) In the case of an imitation controlled substance, 
        such person shall be sentenced to a term of imprisonment or a 
        fine, or both, which does not exceed one-half of the maximum 
        term of imprisonment and fine which would apply under this 
        section to the controlled substance which the imitation 
        controlled substance is represented to be. The minimum period 
        of supervised release for such person shall be one-half of that 
        which would apply under this section to the controlled 
        substance which the imitation controlled substance is 
        represented to be.
            ``(B) In the case of a violation of this title or title III 
        involving an imitation controlled substance, the following 
        provisions shall apply:
                    ``(i) The trier of fact may consider the following 
                factors in addition to any other factor that may be 
                relevant for purposes of determining whether a 
                substance was an imitation controlled substance. The 
                presence of any two of the following factors shall be 
                prima facie evidence that the substance was an 
                imitation controlled substance; however, the presence 
                of two factors is not required for a determination that 
                a substance is an imitation controlled substance:
                            ``(I) The person in control of the 
                        substance expressly or impliedly represents 
                        that the substance is a controlled substance or 
                        has the effect of a controlled substance;
                            ``(II) The person in control of the 
                        substance expressly or impliedly represents 
                        that the substance because of its nature or 
                        appearance can be sold, delivered or used as a 
                        controlled substance or as a substitute for a 
                        controlled substance;
                            ``(III) The person in control of the 
                        substance utilizes evasive tactics or actions 
                        to avoid detection by law enforcement 
                        authorities or other authorities such as school 
                        authorities;
                            ``(IV) The physical appearance of the 
                        substance is, or is designed to be, 
                        substantially identical to a specific 
                        controlled substance. This may be determined by 
                        such factors as color, shape, size, markings, 
                        taste, odor, consistency, packaging, labeling, 
                        or other identifying characteristics;
                            ``(V) The substance is packaged or 
                        distributed in a manner normally used for the 
                        illegal distribution of controlled substances; 
                        or
                            ``(VI) The distribution or attempted 
                        distribution includes an exchange or demand for 
                        money or other property as consideration, and 
                        the amount of the consideration is 
                        substantially greater than the reasonable 
                        retail market value of the substance.
                    ``(ii) It shall not constitute a defense that the 
                accused believed the imitation controlled substance to 
                actually be a controlled substance.''.
    (g) Section 403 of the Controlled Substances Act (21 U.S.C. 843) is 
amended--
            (1) in paragraph (a)(2), by inserting ``or list I 
        chemical'' after ``controlled substance'' each place it 
        appears;
            (2) in paragraph (a)(3), by inserting ``or a laboratory 
        supply (as defined in section 402(a) of this title)'' after 
        ``controlled substance''; and
            (3) in paragraph (a)(5) by--
                    (A) inserting ``or substance'' after ``drug'' both 
                places it appears; and
                    (B) inserting ``or an imitation controlled 
                substance'' after ``counterfeit substance''.
    (h) Section 506(a) of the Controlled Substances Act (21 U.S.C. 
876(a)) is amended by inserting ``, imitation controlled substances,'' 
after ``controlled substances''.
    (i) Section 509 of the Controlled Substances Act (21 U.S.C. 879) is 
amended by inserting ``imitation controlled substances, or listed 
chemicals'' after ``controlled substances''.
    (j)(1) Section 511(a) of the Controlled Substances Act (21 U.S.C. 
881(a)) is amended--
            (A) in paragraph (1), by inserting ``and imitation 
        controlled substances'' after ``controlled substances'';
            (B) in paragraph (2), by inserting ``, imitation controlled 
        substance,'' after ``controlled substance'';
            (C) in paragraph (6), by inserting ``, imitation controlled 
        substance,'' after ``controlled substance''; and
            (D) in paragraph (8), by inserting ``and imitation 
        controlled substances'' after ``controlled substances''.
    (2) Section 607(a)(3) of the Tariff Act of 1930 (19 U.S.C. 
1607(a)(3)) is amended by inserting ``, imitation controlled 
substance,'' after ``controlled substance''.
    (3) Section 607(b) of the Tariff Act of 1930 (19 U.S.C. 1607(b)) is 
amended by inserting ``, `imitation controlled substance','' after 
```controlled substance'''.
    (k) Section 1010(a) of the Controlled Substances Act (21 U.S.C. 
960(a)) is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by inserting ``or'' after 
        ``substance,''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) knowingly or intentionally imports or exports a 
        counterfeit substance or an imitation controlled substance,''.
    (l) Section 2516(1)(e) of title 18, United States Code, is amended 
by inserting ``or a violation of the Controlled Substances Act (21 
U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act 
(21 U.S.C. 851, et seq.)'' after ``United States''.

SEC. 2029. AMENDMENTS TO THE CONTROLLED SUBSTANCES IMPORT AND EXPORT 
              ACT.

    (a) Additional Penalties.--Section 401(b) of the Controlled 
Substances Act (21 U.S.C. 841(b)) is amended--
            (1) in paragraph (1)(A)(vi)--
                    (A) by striking ``400 grams'' and inserting ``40 
                grams''; and
                    (B) by striking ``or 100 grams'' and all that 
                follows through the end of clause (vi) and inserting 
                ``(fentanyl) or any of its analogues;'';
            (2) in paragraph (1)(B)(vi)--
                    (A) by striking ``40 grams'' and inserting ``4 
                grams'';
                    (B) by striking ``or 10 grams'' and all that 
                follows through the end of clause (vi) and inserting 
                ``(fentanyl) or any of its analogues;''
            (3) in paragraph (1)(D)--
                    (A) by striking ``or in the case of any controlled 
                substance in schedule III''; and
                    (B) by striking ``paragraphs (4) and (5)'' and 
                inserting ``paragraphs (6) and (7)'';
            (4) by adding the following new subparagraph at the end of 
        paragraph (1):
                    ``(E) In the case of any controlled substance in 
                schedule III, such person shall be sentenced to a term 
                of imprisonment of not more than 10 years and if death 
                or serious bodily injury results from the use of such 
                substance shall be sentenced to a term of imprisonment 
                of not less than ten years or more than life, a fine 
                not to exceed the greater of that authorized in 
                accordance with the provisions of Title 18, or $500,000 
                if the defendant is an individual or $2,500,000 if the 
                defendant is other than an individual, or both. If any 
                person commits such a violation after a prior 
                conviction for a felony drug offense has become final, 
                such person shall be sentenced to a term of 
                imprisonment of not more than 20 years and if death or 
                serious bodily injury results from the use of such 
                substance shall be sentenced to life imprisonment, a 
                fine not to exceed the greater of twice that authorized 
                in accordance with the provisions of title 18, or 
                $1,000,000 if the defendant is an individual or 
                $5,000,000 if the defendant is other than an 
                individual, or both. Any sentence imposing a term of 
                imprisonment under this paragraph shall, in the absence 
                of such a prior conviction, impose a term of supervised 
                release of at least 2 years in addition to such term of 
                imprisonment and shall, if there was such a prior 
                conviction, impose a term of supervised release of at 
                least 4 years in addition to such term of imprisonment. 
                Notwithstanding any other provision of law, the court 
                shall not place on probation of any person sentenced 
                under a provision of this subparagraph which provides 
                for a mandatory term of imprisonment if death or 
                serious bodily injury results.'';
            (5) in paragraph (2)--
                    (A) by striking ``3 years'' and inserting ``5 
                years'';
                    (B) by striking ``6 years'' and inserting ``10 
                years''; and
                    (C) by striking ``after one or more prior 
                convictions'' and all that follows through ``have 
                become final,'' and inserting ``after a prior 
                conviction for a felony drug offense has become 
                final,'';
            (6) in paragraph (3)--
                    (A) by striking ``one year'' and inserting ``3 
                years'';
                    (B) by striking ``2 years'' and inserting ``6 
                years'';
                    (C) by striking ``after one or more prior 
                convictions'' and all that follows through ``have 
                become final,'' and inserting ``after a prior 
                conviction for a felony drug offense has become 
                final,'';
            (7) by adding the following at the end of paragraph (3): 
        ``Any sentence imposing a term of imprisonment under this 
        paragraph shall, in the absence of such a prior conviction, 
        impose a term of supervised release of at least one year in 
        addition to such term of imprisonment and shall, if there was 
        such a prior conviction, impose a term of supervised release of 
        at least 2 years in addition to such term of imprisonment.'';
            (8) in paragraph (8), as redesignated by section 2028 of 
        this act, by striking ``on Federal land'';
            (9) in paragraphs (1)(A) and (B), by striking ``No person 
        sentenced under this subparagraph shall be eligible for parole 
        during the term of imprisonment imposed therein.''; and
            (10) in paragraph (1)(C), by striking ``, nor shall a 
        person so sentenced be eligible for parole during the term of 
        such a sentence'' in the final sentence.
    (b) Section 402(c)(2)(B) of the Controlled Substances Act (21 
U.S.C. 842(c)(2)(B)) is amended--
            (1) by striking ``or'' after ``marihuana,''; and
            (2) by inserting ``anabolic agents, or listed chemicals, or 
        for a felony drug offense,'' after ``stimulant substances'';
    (c) Section 403(d)(1) of the Controlled Substances Act (21 U.S.C. 
843(d)(1)) is amended by striking ``after one or more prior 
convictions'' and all that follows through ``have become final,'' and 
inserting ``after a prior conviction for a felony drug offense has 
become final,'';
    (d) Section 1010(b) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)) is amended--
            (1) in paragraph (1)(F)--
                    (A) by striking ``400 grams'' and inserting ``40 
                grams'' ; and
                    (B) by striking ``or 100 grams'' and all that 
                follows through the end of subparagraph (F) and 
                inserting ``(fentanyl) or any of its analogues;'';
            (2) in paragraph (2)(F)--
                    (A) by striking ``40 grams'' and inserting ``4 
                grams''; and
                    (B) by striking ``or 10 grams'' and all that 
                follows through the end of subparagraph (F) and 
                inserting ``(fentanyl) or any of its analogues;'';
            (3) in paragraph (4) by--
                    (A) inserting ``or'' after ``hashish,'';
                    (B) striking ``or any quantity of a controlled 
                substance in schedule III, IV, or V, (except a 
                violation involving Flunitrazepam)''; and
                    (C) striking ``imprisoned'' and all that follows 
                through the end of the paragraph and inserting 
                ``sentenced in accordance with section 401(b)(1)(D) of 
                title II.'';
            (4) by adding at the end new paragraphs (5), (6), (7), (8) 
        and (9) as follows:
            ``(5) In the case of a violation of subsection (a) of this 
        section involving a controlled substance in schedule III, such 
        person shall be sentenced in accordance with section 
        401(b)(1)(E) of title II.
            ``(6) In the case of a violation of subsection (a) of this 
        section involving a controlled substance in schedule IV (except 
        a violation involving flunitrazepam), such person shall be 
        sentenced in accordance with section 401(b)(2) of title II.
            ``(7) In the case of a violation of subsection (a) of this 
        section involving a controlled substance in schedule V, such 
        person shall be sentenced in accordance with section 401(b)(3) 
        of title II.
            ``(8) In the case of a violation of subsection (a) of this 
        section involving a counterfeit substance, such person shall be 
        sentenced in accordance with section 401(b)(4) of title II.
            ``(9) In the case of a violation of subsection (a) of this 
        section involving an imitation controlled substance, such 
        person shall be sentenced in accordance with section 401(b)(5) 
        of title II.'';
            (5) in paragraphs (1) and (2), by striking ``No person 
        sentenced under this subparagraph shall be eligible for parole 
        during the term of imprisonment imposed therein.''; and
            (6) in paragraph (3), by striking ``, nor shall a person so 
        sentenced be eligible for parole during the term of such a 
        sentence'' in the final sentence.
    (e) Sentencing Guidelines.--
            (1) Directive to the united states sentencing commission.--
        Pursuant to its authority under section 994(p) of title 28, 
        United States Code, and in accordance with this section, the 
        United States Sentencing Commission shall review and, if 
        appropriate, amend its guidelines and its policy statements 
        applicable to persons convicted of controlled substances 
        offenses.
            (2) Requirements.--In carrying out this subsection, the 
        Sentencing Commission shall:
                    (A) consider amending the Drug Equivalency Table 
                (USSG Sec. 2D1.1) such that:
                            (i) 1 gram of secobarbital and other 
                        schedule I or II depressants is equivalent to 
                        at least 4 grams of marijuana;
                            (ii) 1 gram of a schedule III substance 
                        other than anabolic agents is equivalent to at 
                        least 4 grams of marijuana;
                            (iii) 1 unit of anabolic agent is 
                        equivalent to at least 10 grams of marijuana;
                            (iv) 1 gram of a schedule IV substance 
                        other than flunitrazepam is equivalent to at 
                        least 2.4 grams of marijuana; and
                            (v) 1 gram of a schedule V substance is 
                        equivalent to at least 0.8 grams of marijuana.
                    (B) amend the Drug Quantity Table (USSG 
                Sec. 2D1.1):
                            (i) to reflect the revised drug equivalency 
                        ratios adopted pursuant to this section; and
                            (ii) to reflect the statutory penalty 
                        increases established by this Act including 
                        those for schedule III, IV, and V controlled 
                        substances, secobarbital, and other schedule I 
                        and II depressants;
                    (C) consider amending the Drug Quantity Table (USSG 
                Sec. 2D1.1) to define 1 unit of anabolic agent as 1 cc 
                of injectable anabolic steroid or five tablets of 
                anabolic steroid or the pharmaceutical equivalent 
                quantity of any anabolic agent;
                    (D) consider providing an additional sentencing 
                enhancement for any defendant convicted of controlled 
                substance offenses who, at the time of the offense was:
                            (i) a person required to register under 
                        section 302 of title II or section 1007 of 
                        title III (21 U.S.C. 822 and 957, 
                        respectively), or the pertinent regulations of 
                        the Attorney General, or was otherwise 
                        authorized by law to manufacture, distribute, 
                        dispense, import, export, or conduct other 
                        activities with controlled substances; or
                            (ii) a pharmacist, physician, or other 
                        health care professional licensed under 
                        Federal, state, or local law, or an employee or 
                        agent of any such person or of any person 
                        described in paragraph (E)(i);
                    (E) ensure that the sentencing guidelines and 
                policy statements reflect the serious effects of 
                illegal drug manufacturing, possession, and trafficking 
                and the need for aggressive and appropriate law 
                enforcement action to prevent such illegal drug crimes;
                    (F) consult with law enforcement officials, 
                including those specializing in illegal drug 
                enforcement, and the Federal judiciary as part of the 
                review described in subsection (1);
                    (G) assure reasonable consistency with other 
                relevant directives and with other guidelines;
                    (H) account for any aggravating or mitigating 
                circumstances that might justify exceptions, including 
                circumstances for which the sentencing guidelines 
                currently provide sentencing enhancements;
                    (I) make any necessary conforming changes to the 
                sentencing guidelines; and
                    (J) assure that the guidelines adequately meet the 
                purposes of sentencing as set forth in section 
                3553(a)(2) of title 18, United States Code.
            (3) Emergency authority.--The Commission shall promulgate 
        any guidelines or amendments provided for under this section as 
        soon as practicable in accordance with the procedures set forth 
        in section 21(a) of the Sentencing Act of 1987, as though the 
        authority under that Act has not expired.
            (4) Report.--Not later than December 1, 2000, the United 
        States Sentencing Commission shall submit a report to Congress 
        detailing the results of its review and explaining the changes 
        to sentencing policy made in response to this Act. The report 
        shall also include any recommendations that the Commission may 
        have for retention or modification of current penalty levels, 
        including statutory penalty levels, and for otherwise combating 
        controlled substances offenses.

SEC. 2030. CONFORMING AMENDMENT CONCERNING MARIJUANA PLANTS.

    Section 1010(b)(4) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)(4)) is amended by striking ``except in the case 
of 100 or more marihuana plants'' and inserting ``except in the case of 
50 or more marihuana plants''.

SEC. 2031. CONFORMING AMENDMENT RELATING TO FLUNITRAZEPAM PENALTIES.

    Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 
841(b)(1)) is amended--
            (1) in subparagraph (C), by striking ``1 gram of''; and
            (2) in subparagraph (D), by striking ``or 30 milligrams of 
        flunitrazepam,''.

SEC. 2032. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``three years'';
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``five years''; and
            (3) by amending subsection (e) to read as follows:
    ``(e) Probation Prohibited.--In the case of any sentence imposed 
under this section, probation shall not be granted.''.

SEC. 2033. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO MINORS.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``three years'';
            (2) in subsection (b), by striking ``one year'' and 
        inserting ``five years''; and
            (3) in subsections (a) and (b), by striking ``under twenty-
        one'' and inserting ``under eighteen''.

SEC. 2034. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A SCHOOL 
              OR OTHER PROTECTED LOCATION.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``three years''; and
            (2) in subsection (b), by striking ``three years'' each 
        time it appears and inserting ``five years''.

SEC. 2035. SERIOUS JUVENILE DRUG TRAFFICKING OFFENSES AS ARMED CAREER 
              CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(C) of title 18, United States Code, is amended by 
inserting ``or serious drug offense'' after ``violent felony''.

SEC. 2036. INCREASED PENALTIES FOR USING FEDERAL PROPERTY TO GROW OR 
              MANUFACTURE CONTROLLED SUBSTANCES.

    (a) Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 
841(b)(5)) is amended to read as follows:
            ``(5) Any person who violates subsection (a) of this 
        section by cultivating or manufacturing a controlled substance 
        on any property in whole or in part owned by or leased to the 
        United States or any department or agency thereof shall be 
        subject to twice the maximum punishment otherwise authorized 
        for the offense.''
    (b) The United States Sentencing Commission shall amend the 
sentencing guidelines pursuant to 28 U.S.C. 994 to insure that 
violations of section 401(b)(5) of the Controlled Substances Act are 
punished substantially more severely than if the violation had not 
occurred on Federal property.

SEC. 2037. CLARIFICATION OF LENGTH OF SUPERVISED RELEASE TERMS IN 
              CONTROLLED SUBSTANCE CASES.

    Section 401(b)(1)(A), (B), (C), and (D) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)(A), (B), (C), and (D)) is amended 
by striking ``Any sentence'' each place it appears and inserting 
``Notwithstanding section 3583 of title 18, any sentence''.

SEC. 2038. TECHNICAL CORRECTION TO ENSURE COMPLIANCE OF SENTENCING 
              GUIDELINES WITH PROVISIONS OF ALL FEDERAL STATUTES.

    Section 994(a) of title 28, United States Code, is amended by 
striking ``consistent with all pertinent provisions of this title and 
title 18, United States Code,'' and inserting ``consistent with all 
pertinent provisions of any Federal statute''.

SEC. 2039. EXCLUSION OF PERSONS WHO HAVE BENEFITTED FROM ILLICIT 
              ACTIVITIES OF DRUG TRAFFICKERS.

    Section 212(a)(2)(C) of the Immigration and Nationality Act of 
1952, as amended (8 U.S.C.1182 (a)(2)(C)), is amended to read as 
follows--
                    ``(C) Controlled substance traffickers.--Any alien 
                who the consular officer or the Attorney General knows 
                or has reason to believe--
                            ``(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, 
                        within the previous five years, 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 such illicit 
                        activity,
                is inadmissible.''

SEC. 2040. 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 new subsection:
    ``(k) Rebuttable Presumptions.--
            ``(1) 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 such property was acquired 
        during a period of time when 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 such period, and there was no likely source for such 
        property other than such offense.
            ``(2) 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 of this title 
        if the United States establishes, by a preponderance of the 
        evidence, any 3 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 (i) 
                has been convicted in any State, Federal, or foreign 
                jurisdiction of a felony involving money laundering or 
                the manufacture, importation, sale or distribution of a 
                controlled substance, or (ii) is a fugitive from 
                prosecution for such offense; or
                    ``(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) For the purposes of this paragraph, `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) The enumeration of presumptions in this subsection 
        shall not preclude the development of other judicially created 
        presumptions.''.

SEC. 2041. IMPORT AND EXPORT OF CHEMICALS USED TO PRODUCE ILLICIT 
              DRUGS.

    (a) Section 1018 of the Controlled Substances Import and Export Act 
(21 U.S.C. 971) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Each person who proposes to engage in a transaction involving 
the importation or exportation of a listed chemical which 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 of this title, such notice will be made as provided in 
that section.'';
            (2) in subsection (c)(1)--
                    (A) by striking the phrase ``(other than a 
                regulated transaction to which the requirement of 
                subsection (a) of this section does not apply by reason 
                of subsection (b) of this section)'';
                    (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);
                    (B) by inserting after paragraph (1) new paragraphs 
                (2) and (3) as follows:
            ``(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 of this title, 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 when such information is needed to satisfy 
        requirements of the importing or exporting country. The 
        Attorney General will provide notice of these additional 
        requirements specifically identifying the listed chemicals and 
        countries involved.''.
    (b) Section 1004 of the Controlled Substances Import and Export Act 
(21 U.S.C. 954) is amended to read as follows:
``Sec. 954. Transshipment and in-transit shipment of controlled 
              substances
    ``(a) Notwithstanding sections 952, 953, 957 and 971 of this title, 
except as provided below--
            ``(1) A controlled substance in schedule I may be imported 
        into the United States--
                    ``(A) for transshipment to another country, or
                    ``(B) for transference or transshipment from one 
                vessel, vehicle, or aircraft to another vessel, 
                vehicle, or aircraft within the United States for 
                immediate exportation, if and only if (i) evidence is 
                furnished which 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 (ii) it is so imported, 
                transferred, or transshipped with the prior written 
                approval of the Attorney General (which shall be 
                granted or denied within 21 days of the request) based 
                on a determination that the requirements of this 
                section and the applicable subsections of sections 952 
                and 953 have been satisfied.
            ``(2) A controlled substance in schedule II, III, or IV or 
        a listed chemical may be so imported, transferred, or 
        transshipped if and only evidence is furnished which enables 
        the Attorney General to determine that the substance or 
        chemical being so imported, transferred, or transshipped will 
        be used for scientific, medical, or other legitimate purposes 
        in the country of destination and (ii) advance notification 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 of this title is not affected by this subsection). Such 
        notification shall be in such form and contain such information 
        as the Attorney General may require by regulation.
    ``(b)(1) Any such importation, transfer or transhipment of a 
controlled substance shall be subject to the applicable subsections of 
sections 1002 and 1003 of this title. 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) Any such importation, transfer or transhipment of a listed 
chemical shall be subject to all the requirements of section 1018 of 
this title, except that in no case shall the 15-day advance 
notification requirement be waived. The importation, transfer, 
transhipment 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) Any such importation, transfer or transshipment of a 
controlled substance or listed chemical may be suspended if any 
requirement of subsection (a) is not satisfied. The Attorney General 
may withdraw a suspension order issued under this paragraph if (A) the 
requirements of subsection (a) are ultimately satisfied and (B) no 
grounds exist under paragraphs (1) or (2) of this subsection to suspend 
the shipment.
    ``(c) The suspension of any exportation of a controlled substance 
or listed chemical will be subject to the procedures and requirements 
established in section 1018(c) of this title.
    ``(d) Any shipment of a controlled substance or listed chemical 
which has been imported or is subject to the jurisdiction of the United 
States whose importation, transfer, transshipment or exportation has 
been suspended may, in the discretion of the Attorney General, be 
placed under seal. No disposition may be made of any such controlled 
substance or listed chemical until the suspension order becomes final. 
However, a court, upon application therefor, 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. Upon a suspension order becoming final, the shipment may be 
disposed of as follows, at the discretion of the Attorney General and 
subject to such conditions as the Attorney General may impose:
            ``(1) The title holder may be allowed to return the 
        shipment to any of the original exporter's facilities in the 
        country of exportation;
            ``(2) The shipment may be exported, subject to the 
        requirements of section 1003 or 1018 of this title, as 
        appropriate, to a new consignee;
            ``(3) The shipment may be surrendered to the Attorney 
        General for appropriate disposition; all costs associated with 
        this disposition will be the responsibility of the title 
        holder, however if there are any proceeds from the disposition, 
        these will be applied to the repayment of the costs and any 
        excess proceeds will be returned to the titleholder;
            ``(4) 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) 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) Section 1010(d) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(d)) is amended--
            (1) by redesignating paragraphs (5), (6) and (7) as 
        paragraphs (6), (7) and (8);
            (2) in the redesignated paragraph (6), by striking 
        ``1018(e)(2) or (3)'' and inserting ``1018(e)(4) or (5)'';
            (3) in the redesignated paragraph (7), by inserting ``or 
        violates section 1004 of this title,'' after ``1007 or 1018 of 
        this title''; and
            (4) by inserting after paragraph (4) a new paragraph (5) as 
        follows:
            ``(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 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 section 1018(e) 
        (1), (2) or (3) by misrepresenting the actual country of final 
        destination of the listed chemical, or the actual listed 
        chemical being imported or exported; or''.
    (d) 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 ten years.''.

SEC. 2042. AMENDMENTS TO DRIVE-BY SHOOTING
              STATUTE.

    (a) Section 36 of title 18, United States Code, is amended--
            (1) by amending the title to read ``Shooting into a group 
        in furtherance of a major drug offense'';
            (2) in subsection (a)(1), by striking ``punishable under 
        section 408(c) of the Controlled Substances Act (21 U.S.C. 
        848(c))'' and inserting ``punishable under section 408(a) of 
        the Controlled Substances Act (21 U.S.C. 848(a))'';
            (3) by adding ``or'' at the end of subsection (a)(1);
            (4) by striking paragraphs (2) and (3) of subsection (a) 
        and inserting the following:
            ``(2) an offense punishable under section 401(b)(1)(A) of 
        the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or 
        section 1010(b)(1) of the Controlled Substances Import and 
        Export Act (21 U.S.C. 960(b)(1)) or a conspiracy or attempt to 
        commit such an offense.''; and
            (5) in paragraphs (1) and (2) of subsection (b), by 
        striking ``with the intent to intimidate,'' and inserting 
        ``with the intent to kill, intimidate,''.
    (b) The table of sections for chapter 2 of title 18, United States 
Code, is amended by striking ``Drive-by shooting'' and inserting 
``Shooting into a group in furtherance of a major drug offense''.

     Subtitle C--Anti-drug and Organized Crime Money Laundering Act

SEC. 2051. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) Scienter Requirement for Section 1960 Violation.--Section 1960 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(c) For the purposes of proving a violation of this section 
involving an illegal money transmitting business as defined in 
subsection (b)(1)(A) or (B), 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 (in the case of subsection 
(b)(1)(A) or, had failed to comply with the money transmitting business 
registration requirements of 31 U.S.C. 5330 or the regulations 
thereunder, in the case of subsection (b)(1)(B)). It shall not be 
necessary to show that the defendant knew that the operation of such a 
business without the required license or registration was an offense 
punishable as a felony or misdemeanor.''.
    (b) Seizure of Illegally Transmitted Funds.--Section 981(a)(1)(A) 
of title 18, United States Code, is amended by striking ``or 1957'' and 
inserting A, 1957 or 1960''.

SEC. 2052. RESTRAINT 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) 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 where 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) of the Federal Rules of Civil Procedure. The 
        application for the restraining order shall 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 
        shall contain a statement that the restraining order is needed 
        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. 2053. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.

    Section 1956(b) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by redesignating present paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (3) by inserting A, or section 1957'' after ``or (a)(3)''; 
        and (4) 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 authorized under the laws 
        of 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 such 
        foreign person is made under the Federal Rules of Civil 
        Procedure or the laws of the country where 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. 2054. LAUNDERING MONEY THROUGH A FOREIGN BANK.

    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 
        paragraph (7) of section 1(b) of the International Banking Act 
        of 1978 (12 U.S.C. 3101(7)).''.

SEC. 2055. SPECIFIED UNLAWFUL ACTIVITY FOR MONEY LAUNDERING.

    (a) In General.--Section 1956(c)(7) of title 18, United States 
Code, is amended--
            (1) in subparagraph (B)--
                    (A) so that clause (ii) reads as follows:
                            ``(ii) any act or acts constituting a crime 
                        of violence;''; and
                    (B) by inserting after clause (iii) the following:
                            ``(iv) fraud or any scheme to defraud 
                        committed against a foreign individual or 
                        entity, an individual residing in a foreign 
                        country, 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.''; and
            (2) in subparagraph (D)--
                    (A) by inserting ``section 541 (relating to goods 
                falsely classified),'' before ``section 542'';
                    (B) by inserting ``section 922(1) (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, as amended,'' 
                before ``or any felony violation of the Foreign Corrupt 
                Practices Act''.
            (3) in paragraph (E), by inserting ``the Clean Air Act (42 
        U.S.C. 7401 et seq.),'' after ``the Safe Drinking Water Act (42 
        U.S.C. 300f et seq.),''.

SEC. 2056. CRIMINAL FORFEITURE FOR MONEY LAUNDERING CONSPIRACIES.

    Section 982(a)(1) of title 18, United States Code, is amended by 
inserting A, or a conspiracy to commit any such offense'' after ``of 
this title''.

SEC. 2057. SUBPOENAS FOR BANK RECORDS.

    Section 986 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``section 1956, 1957, or 1960 of 
                this title, section 5322 or 5324 of title 31, United 
                States Code'' and inserting ``section 981 or 982 of 
                this title'';
                    (B) by inserting ``before or'' before ``after'';
                    (C) by striking ``in rem''; and
                    (D) by striking the last sentence; and
            (2) in subsection (c), by inserting ``or the Federal Rules 
        of Criminal Procedure'' after ``Procedure''.

SEC. 2058. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.

    Section 1956(h) of title 18, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Any person''; and
            (2) by adding at the end the following:
    ``(2) Any person who commits multiple violations of this section or 
Section 1957 that are part of the same scheme or continuing course of 
conduct may be charged, at the election of the Government, in a single 
count in an indictment or information.''.

SEC. 2059. VENUE IN MONEY LAUNDERING CASES.

    Section 1956 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i) Venue.--(1) Except as provided in paragraph (2), a 
prosecution for an offense under this section or section 1957 may be 
brought in--
            ``(A) any district in which the financial or monetary 
        transaction is conducted, or
            ``(B) any district where a prosecution for the underlying 
        specified unlawful activity could be brought, if the defendant 
        participated in the transfer of the proceeds of the specified 
        unlawful activity from that district to the district where the 
        financial or monetary transaction is conducted.
    ``(2) A prosecution for an attempt or conspiracy offense under this 
section or section 1957 may be brought in the district where venue 
would lie for the completed offense under paragraph (1), or in any 
other district where an act in furtherance of the attempt or conspiracy 
took place.''.

SEC. 2060. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN 
              MONEY LAUNDERING OFFENSES.

    Section 2516(1)(g) of title 18, United States Code, is amended by 
striking ``a violation of section 5322 of title 31, United States Code 
(dealing with the reporting of currency transactions)'' and inserting 
``a violation of section 5322 or 5324 of title 31, United States Code 
(dealing with the reporting and illegal structuring of currency 
transactions)''.

SEC. 2061. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A FELONY.

    Section 1956(c)(1) of title 18, United States Code, is amended by 
inserting ``, and regardless of whether or not the person knew that the 
activity constituted a felony'' before the semicolon at the end.

SEC. 2062. MONEY PURCHASED ON THE BLACK MARKET.

    (a) In General.--B Section 981(a) of title 18, United States Code, 
is amended by adding at the end the following:
            ``(3) A person asserting an innocent owner defense under 
        paragraph (2), or any other provision of law, in currency, 
        monetary instruments or funds purchased from a money broker 
        must be a bona fide purchaser for value without reason to know 
        that the currency, monetary instruments or funds were subject 
        to forfeiture, and must establish that such person took all 
        reasonable affirmative steps to determine the source of the 
        currency, monetary instruments or funds, or to verify that the 
        currency, monetary instruments or funds were not derived from 
        illegal activity.
            ``(4) For purposes of paragraph (3)--
                    ``(A) the term `money broker' means any person who 
                sells or exchanges currency, monetary instruments or 
                funds, either in the United States or in a foreign 
                country, either independently, or through any parallel 
                market, black market, casa de cambio, or other currency 
                exchange business; and
                    ``(B) what constitutes `all reasonable affirmative 
                steps' depends on the facts and circumstances 
                surrounding the transaction, but if the money broker is 
                a financial institution, as defined in section 20 of 
                this title, the purchaser takes `all reasonable 
                affirmative steps' if the purchaser conducts the 
                transaction at the financial institution during normal 
                business hours in an arms-length transaction and has no 
                reason to know that the currency, monetary instruments, 
                or funds were derived from or used to commit any 
                unlawful activity.''.
    (b) Application.--The amendments made by this section shall apply 
to any case pending on the effective date of this Act.

SEC. 2063. MONEY LAUNDERING TRANSACTIONS; COMMINGLED ACCOUNTS.

    (a) Section 1956.--Section 1956 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(j) A transaction, transportation, transmission, or transfer of 
funds shall be considered for the purposes of this section to be one 
involving the proceeds of specified unlawful activity, or property 
represented to be the proceeds of specified unlawful activity, if the 
transaction, transportation, transmission, or transfer involves--
            ``(1) funds directly traceable to the specified unlawful 
        activity, or represented to be directly traceable to the 
        specified unlawful activity;
            ``(2) a bank account in which the proceeds of specified 
        unlawful activity, or property represented to be the proceeds 
        of specified unlawful activity, have been commingled with other 
        funds; or
            ``(3) 2 or more bank accounts, where the proceeds of 
        specified unlawful activity, or property represented to be the 
        proceeds of specified unlawful activity, are deposited into 1 
        bank account and there is a contemporaneous, related withdrawal 
        from, or debit to, another bank account controlled by the same 
        person, or by a person acting in concert with that person.''.
    (b) Section 1957.--Section 1957(f) of title 18, United States Code, 
is amended by inserting after paragraph (3) the following:
            ``(4) the term `monetary transaction in criminally derived 
        property that is of a value greater than $10,000' includes--
                    ``(A) a monetary transaction involving the 
                transfer, withdrawal, encumbrance or other disposition 
                of more than $10,000 from a bank account in which more 
                than $10,000 in proceeds of specified unlawful activity 
                have been commingled with other funds;
                    ``(B) a series of monetary transactions in amounts 
                under $10,000 that exceed $10,000 in the aggregate and 
                that are closely related to each other in terms of 
                time, the identity of the parties involved, the nature 
                of the transactions and the manner in which they are 
                conducted; and
                    ``(C) any financial transaction described in 
                Section 1956(j)(3) that involves more than $10,000 in 
                proceeds of specified unlawful activity.''.
    (c) Technical Amendment.--Section 1956(c)(7)(F) of title 18, United 
States Code, is amended by inserting ``, as defined in section 24'' 
before the period.

SEC. 2064. DISCOVERY PROCEDURE FOR LOCATING LAUNDERED MONEY.

    Section 413(m) of the Controlled Substances Act (21 U.S.C. 853(m)) 
is amended by inserting before the period at the end the following: 
``to the extent that the provisions of the Rule are consistent with the 
purposes for which discovery is conducted under this subsection. 
Because this subsection applies only to matters occurring after the 
defendant has been convicted and the property of the defendant has been 
declared forfeited, the provisions of rule 15 requiring the consent of 
the defendant and the presence of the defendant at the deposition shall 
not apply''.

SEC. 2065. REPATRIATION OF PROPERTY PLACED BEYOND THE JURISDICTION OF 
              THE COURT.

    (a) Criminal 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 it may be seized and 
forfeited.''.
    (b) Pre-Trial Restraining Order.--Section 413(e) of the Controlled 
Substances Act (21 U.S.C. 853(e)) is amended by adding at the end the 
following:
            ``(4) Pursuant to its authority to enter a pre-trial 
        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. 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. 2066. LAUNDERING THE PROCEEDS OF TERRORISM.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``or 2339B'' after ``2339A''.

SEC. 2067. BULK CASH SMUGGLING.

    (a) Purpose.--It is the purpose of this section to authorize 
forfeiture of any cash or instruments whose movements are not reported 
under the terms of the Bank Secrecy Act and its implementing 
regulations, to emphasize the seriousness of the act of such non-
reporting, and to prescribe guidelines for determining the amount of 
property subject to such forfeiture in various situations.
    (b) Enactment of Bulk Cash Smuggling Offense.--Chapter 53 of title 
31, United States Code, is amended by adding at the end the following:
``Sec. 5331. Bulk cash smuggling
    ``(a) Criminal Offense.--Whoever, with the intent to evade a 
currency reporting requirement under section 5316, knowingly conceals 
more than $10,000 in currency or other monetary instruments on his 
person or in any conveyance, article of luggage, merchandise, or other 
container, and transports or transfers or attempts to transport or 
transfer such currency or monetary instruments from a place within the 
United States to a place outside of the United States, or from a place 
outside the United States to a place within the United States, shall be 
guilty of a currency smuggling offense and subject to punishment 
pursuant to subsection (b). For purposes of this section, `monetary 
instruments' has the meaning set forth in this chapter and the 
regulations promulgated thereunder.
    ``(b) Penalty.--A person convicted of a currency smuggling offense 
under subsection (a), or a conspiracy to commit such offense, shall be 
imprisoned for not more than 5 years. In addition, the court, in 
imposing sentence, shall order that the defendant forfeit to the United 
States, any property, real or personal, involved in the offense, and 
any property traceable to such property, subject to subsection (d) of 
this section. The forfeiture of property under this section shall be 
governed by section 413 of the Controlled Substances Act (21 U.S.C. 
Sec. 853). If the property subject to forfeiture is unavailable, and 
the defendant has no substitute property that may be forfeited pursuant 
to section 413(p) of the Controlled Substances Act (21 U.S.C. 853(p)), 
the court shall enter a personal money judgment against the defendant 
for the amount that would be subject to forfeiture.
    ``(c) Seizure of Smuggling Cash.--Any property involved in a 
violation of subsection (a), or a conspiracy to commit such violation, 
and any property traceable thereto, may be seized and, subject to 
subsection (d) of this section, forfeited to the United States. The 
seizure and forfeiture shall be governed by the procedures governing 
civil forfeitures in money laundering cases pursuant to section 
981(a)(1)(A) of title 18. For purposes of this subsection and 
subsection (b), any currency or other monetary instrument that is 
concealed or intended to be concealed in violation of subsection (a) or 
a conspiracy to commit such violation, any article, container or 
conveyance used or intended to be used to conceal or transport the 
currency or other monetary instrument, and any other property used or 
intended to be used to facilitate the offense, shall be considered 
property involved in the offense.
    ``(d) Proportionality of Forfeiture.--Upon a showing by the 
property owner by a preponderance of the evidence that the currency or 
monetary instruments involved in the offense giving rise to the 
forfeiture were derived from a legitimate source, and were intended for 
a lawful purpose, the court shall reduce the forfeiture to the maximum 
amount that is not grossly disproportional to the gravity of the 
offense. In determining the amount of the forfeiture, the court shall 
consider all aggravating and mitigating facts and circumstances that 
have a bearing on the gravity of the offense. Such circumstances 
include, but are not limited to, the following: the value of the 
currency or other monetary instruments involved in the offense; efforts 
by the person committing the offense to structure currency 
transactions, conceal property, or otherwise obstruct justice; and 
whether the offense is part of a pattern of repeated violations of this 
section or any other currency reporting money laundering offense.''.
    (c) Chapter Analysis.--The chapter analysis for chapter 53 of title 
31, United States Code, is amended by inserting at the end the 
following:

``Sec. 5331. Bulk Cash Smuggling.''.
    (d) Currency Reporting Violations.--Section 5317(c) of title 31, 
United States Code, is amended to read as follows:
    ``(c)(1) The court in imposing sentence for any violation of 
section 5313, 5316, or 5324, or any conspiracy to commit such 
violation, shall order the defendant to forfeit all property, real or 
personal, involved in the offense and any property traceable thereto. 
Forfeitures under this paragraph shall be governed by the procedures 
set forth in Section 413 of the Controlled Substances Act (21 U.S.C. 
Sec. 853), and the guidelines set forth in paragraph (3).
    ``(2) Any property involved in a violation of section 5313, 5316, 
or 5324, or any conspiracy to commit such violation, and any property 
traceable thereto, may be seized and, subject to subsection (c)(3) of 
this section, forfeited to the United States in accordance with the 
procedures governing civil forfeitures in money laundering cases 
pursuant to section 981(a)(1)(A) of title 18.
    ``(3) Upon a showing by the property owner by a preponderance of 
the evidence that any currency or monetary instruments involved in the 
offense giving rise to the forfeiture were derived from a legitimate 
source, and were intended for a lawful purpose, the court shall reduce 
the forfeiture to the maximum amount that is not grossly 
disproportional to the gravity of the offense. In determining the 
amount of the forfeiture, the court shall consider all aggravating and 
mitigating facts and circumstances that have a bearing on the gravity 
of the offense. Such circumstances include, but are not limited to, the 
following: the value of the currency or other monetary instruments 
involved in the offense; efforts by the person committing the offense 
to structure currency transactions, conceal property, or otherwise 
obstruct justice; and whether the offense is part of a pattern of 
repeated violations.''.
    (e) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18, 
United States Code, is amended by striking ``of section 5313(a) or 
5324(a) of title 31, or'';
    (2) Section 982(a)(1) of title 18, United States Code, is amended 
by striking ``of 5313(a), 5316, or 5324 of title 31, or''.

SEC. 2068. CURRENCY COURIERS.

    Section 1957 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g) Any person who conceals more than $10,000 in currency in any 
vehicle, or in any compartment or container within any vehicle, and 
transports, attempts to transport, or conspires to transport such 
currency in interstate commerce on any public road or highway, knowing 
that the currency was derived from some form of unlawful activity, or 
knowing that the currency was intended to be used to promote some form 
of unlawful activity, shall be punished as provided in subsection (b). 
The defendant's knowledge may be established by proof that the 
defendant was willfully blind to the source or intended use of the 
currency.''.

SEC. 2069. VIOLATIONS OF SECTION 6050I.

    Sections 981(a)(1)(A) and 982(a)(1) of title 18, United States 
Code, are amended by inserting ``, or of section 6050I of the Internal 
Revenue Code of 1986 (26 U.S.C. Sec. 6050I)'' after ``of title 31''.

SEC. 2070. PROCEEDS OF FOREIGN CRIMES.

    Section 981(a)(1)(B) of title 18, United States Code, is amended to 
read as follows:
                    ``(B) Any property, real or personal, within the 
                jurisdiction of the United States, constituting, 
                derived from, or traceable to, any proceeds obtained 
                directly or indirectly from an offense against a 
                foreign nation involving (i) the manufacture, 
                importation, sale, or distribution of a controlled 
                substance (as such term is defined for the purposes of 
                the Controlled Substances Act) or (ii) any other 
                conduct described in section 1956(c)(7)(B), within 
                whose jurisdiction such offense would be punishable by 
                death or imprisonment for a term exceeding one year and 
                which would be punishable under the laws of the United 
                States by imprisonment for a term exceeding one year if 
                such act or activity constituting the offense against 
                the foreign nation had occurred within the jurisdiction 
                of the United States, or any property used to 
                facilitate such offense.''.

SEC. 2071. AUTHORIZATION TO SHARE RECOVERED PROPERTY WITH COOPERATING 
              FOREIGN GOVERNMENTS.

    (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 by--
            (1) inserting ``or'' at the end of subparagraph (C);
            (2) striking ``; or'' at the end of subparagraph (D) and 
        inserting a period; and (3) striking subparagraph (E).

SEC. 2072. IN PERSONAM JUDGMENTS.

    Section 1963(l)(1) of title 18, United States Code, and section 
413(n)(1) of the Controlled Substances Act (21 U.S.C. 853(n)(1)) are 
each amended by adding the following sentence at the end: ``To the 
extent that the order of forfeiture includes only an in personam money 
judgment against the defendant, no proceeding under this subsection 
shall be necessary.''.

SEC. 2073. CRIMINAL FORFEITURE OF PROPERTY IN GOVERNMENT CUSTODY.

    Section 413(f) of the Controlled Substances Act (21 U.S.C. 853(f)) 
is amended to read, as follows:
    ``(f) Property subject to forfeiture under this section may be 
seized pursuant to section 981(b) of title 18, United States Code. If 
property subject to criminal forfeiture under this section is already 
in the custody of the United States or any agency thereof, it shall not 
be necessary to seize or restrain the property for the purpose of 
criminal forfeiture.''.

SEC. 2074. RESTRAINT OF PROPERTY SUBJECT TO CRIMINAL FORFEITURE.

    Section 413(e)(1) of the Controlled Substances Act (21 U.S.C. 
853(e)(1)) is amended by striking ``(a)'' and inserting ``(a) or (p)''.

SEC. 2075. INCLUDING AGENCIES OF TRIBAL GOVERNMENTS IN THE DEFINITION 
              OF A FINANCIAL INSTITUTION.

    Section 5312(a)(2)(W) of title 31, United States Code, is amended 
by striking ``State or local'' and inserting ``State, local or 
tribal''.

SEC. 2076. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND 
              CERTAIN RECORDKEEPING REQUIREMENTS.

    (a) Civil Penalty for Violation of Targeting Order.--Section 
5321(a)(1) of title 31, United States Code, is amended--
            (1) by inserting ``or order issued'' after ``subchapter or 
        a regulation prescribed''; and
            (2) by inserting A, or willfully violating a regulation 
        prescribed under section 21 of the Federal Deposit Insurance 
        Act or section 123 of Public Law 91-508,'' after ``section 5314 
        and 5315)''.
    (b) Criminal Penalties for Violation of Targeting Order.--Section 
5322 of title 31, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or order issued'' after 
                ``willfully violating this subchapter or a regulation 
                prescribed''; and
                    (B) by inserting ``or willfully violating a 
                regulation prescribed under section 21 of the Federal 
                Deposit Insurance Act or section 123 of Public Law 91-
                508,'' after ``under section 5315 or 5324),'';
            (2) in subsection (b)--
                    (A) by inserting ``or order issued'' after 
                ``willfully violating this subchapter or a regulation 
                prescribed''; and
                    (B) by inserting ``willfully violating a regulation 
                prescribed under section 21 of the Federal Deposit 
                Insurance Act or section 123 of Public Law 91-508,'' 
                after ``under section 5315 or 5324),'';
    (c) Structuring Transactions To Evade Targeting Order or Certain 
Recordkeeping Requirements.--Section 5324 of title 31, United States 
Code, is amended--
            (1) in the title by inserting ``or recordkeeping'' after 
        ``reporting''.
            (2) in subsection (a)--
                    (A) by inserting a comma after ``shall'';
                    (B) by striking ``section--'' and inserting 
                ``section, the reporting or recordkeeping requirements 
                imposed by any order issued under section 5326, or the 
                recordkeeping requirements imposed by any regulation 
                prescribed under section 21 of the Federal Deposit 
                Insurance Act or section 123 of Public Law 91-508--'';
                    (C) in paragraphs (1) and (2), by inserting ``, to 
                file a report or maintain a record required by any 
                order issued under section 5326, or to maintain a 
                record required pursuant to any regulation prescribed 
                under section 21 of the Federal Deposit Insurance Act 
                or section 123 of Public Law 91-508'' after 
                ``regulation prescribed under any such section'' each 
                place that term appears.
    (d) Increase in Civil Penalties for Violation of Certain 
Recordkeeping Requirements.--
            (1) Federal deposit insurance act.--Section 21(j)(1) of the 
        Federal Deposit Insurance Act (12 U.S.C. 1829b(j)(1)) is 
        amended by striking ``$10,000'' and inserting ``the greater 
        of--
                    ``(A) the amount (not to exceed $100,000) involved 
                in the transaction (if any) with respect to which the 
                violation occurred; or
                    ``(B) $25,000''.
            (2) Public law 91-508.--Section 125(a) of Public Law 91-508 
        (12 U.S.C. 1955(a)) is amended by striking ``$10,000'' and 
        inserting ``the greater of--
            ``(1) the amount (not to exceed $100,000) involved in the 
        transaction (if any) with respect to which the violation 
        occurred; or
            ``(2) $25,000.''.
    (e) Criminal Penalties for Violation of Certain Recordkeeping 
Requirements.--
            (1) Section 126.--Section 126 of Public Law 91-508 (12 
        U.S.C. 1956) is amended to read as follows:

``SEC. 126. CRIMINAL PENALTY.

    ``A person that willfully violates this chapter, section 21 of the 
Federal Deposit Insurance Act, or a regulation prescribed under this 
chapter or that section 21, shall be fined not more than $250,000, or 
imprisoned for not more than 5 years, or both.''.
            (2) Section 127.--Section 127 of Public Law 91-508 (12 
        U.S.C. 1957) is amended to read as follows:

``SEC. 127. ADDITIONAL CRIMINAL PENALTY IN CERTAIN CASES.

    ``A person that willfully violates this chapter, section 21 of the 
Federal Deposit Insurance Act, or a regulation prescribed under this 
chapter or that section 21, while violating another law of the United 
States or as part of a pattern of any illegal activity involving more 
than $100,000 in a 12-month period, shall be fined not more than 
$500,000, imprisoned for not more than 10 years, or both.''.
    (f) Technical Amendment.--The table of sections for chapter 53 of 
title 31, United States Code, is amended by inserting after the item 
relating to section 5323 the following:

``Sec. 5324. Structuring transactions to evade reporting or 
                            recordkeeping requirement prohibited.''.

         TITLE III--FIGHTING TERRORISM AND INTERNATIONAL CRIME

  SUBTITLE A--Investigating and Punishing Violent Crimes Against U.S. 
                            Nationals Abroad

SEC. 3001. EXTORTION AGAINST U.S. 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) Whoever commits or attempts to commit extortion against a 
national of the United States, while such national is outside the 
United States, shall be fined under this title or imprisoned not more 
than twenty years, or both.'';
            (3) by striking the period at the end of subsection (e), as 
        designated by paragraph (1) of this section, and inserting ``, 
        or was intended to further the objectives of an organized 
        criminal group. A certification under this paragraph is not 
        subject to judicial review.''; and
            (4) by adding at the end the following:
    ``(f) Nothing in this section shall be construed as indicating an 
intent on the part of Congress to interfere with the exercise of 
criminal jurisdiction by the nation or nations in which the criminal 
act occurred or to mandate that each potential violation should be the 
subject of investigation or prosecution by the United States.
    ``(g) As used in this section, the term--
            ``(1) `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) `organized criminal group' means an enterprise 
        consisting of a group of individuals associated in fact, as 
        defined in section 1961(4), and which is engaged in or has as a 
        purpose the commission of an act or acts which would constitute 
        racketeering activity, as defined in section 1961, if committed 
        within the United States.''.

SEC. 3002. MURDER AND SERIOUS ASSAULTS OF A STATE OR LOCAL OFFICIAL 
              ABROAD.

    Chapter 51 of title 18, United States Code, is amended by adding at 
the end a new section 1123 as follows:
``Sec. 1123. Murder or serious assault of a State or local law 
              enforcement, judicial or other official abroad
    ``(a) Whoever, in the circumstances described in subsection (b)--
            ``(1) kills or attempts to kill an official of a State or a 
        political subdivision thereof shall be punished as provided 
        under sections 1111, 1112, and 1113 of this title; or
            ``(2) assaults an official of a State or a political 
        subdivision thereof and such assault results in serious bodily 
        injury shall be punished as provided under section 113 of this 
        title.
    ``(b) The circumstance referred to in subsection (a) is that the 
official of a State or political subdivision thereof--
            ``(1) is outside the territorial jurisdiction of the United 
        States; and
            ``(2) is engaged in, or the prohibited activity occurs on 
        account of the provision by such 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.
    ``(c) 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. A determination under this paragraph is not subject to 
judicial review.
    ``(d) Nothing in this section shall be construed as indicating an 
intent on the part of Congress to interfere with the exercise of 
criminal jurisdiction by the nation or nations in which the criminal 
act occurred or to mandate that each potential violation should be the 
subject of investigation or prosecution by the United States.
    ``(e) Definitions.--For purposes of this section,--
            ``(1) the term `serious bodily injury' shall have the 
        meaning prescribed in section 2119 of this title; and
            ``(2) the term `State' shall have the meaning prescribed in 
        section 245(d) of this title.''.
    (b) Conforming Amendment.--The table of sections 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.''.

 Subtitle B--Strengthening the Air, Land and Sea Borders of the United 
                                 States

            CHAPTER 1--VIOLENCE COMMITTED ALONG U.S. BORDER

SEC. 3011. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE U.S. 
              BORDER.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end a new section 554 as follows:
``Sec. 554. Violence while eluding inspection or during violation of 
              arrival, reporting, entry or clearance requirements
    ``(a) Whoever attempts to commit or commits a crime of violence or 
recklessly operates any conveyance during and in relation to--
            ``(1) attempting to elude or eluding customs, immigration 
        or agriculture inspection or 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 the 
        Agriculture and Food Act of 1981, Public Law 97-98 (7 U.S.C. 
        150ff, 164a and 2806); the Tariff Act of 1930, Public Law 98-
        573 (19 U.S.C. 1431, 1433, 1434, and 1459); the Act of August 
        30, 1890, 26 Stat. 417, chapter 839 (21 U.S.C. 105 and 111); 
        section 91 of title 46, United States Code Appendix; or the 
        Immigration and Nationality Act, 66 Stat. 163 (8 U.S.C. 1221, 
        1222, and 1224-1228);
shall be fined under this title or--
                    ``(i) imprisoned for not more than 5 years, or 
                both;
                    ``(ii) imprisoned for not more than 10 years, or 
                both, if bodily injury (as defined in section 1365(g) 
                of this title) results; or
                    ``(iii) imprisoned for any term of years or for 
                life, or both, if death results, and may be sentenced 
                to death.
    ``(b) If two or more persons conspire to commit an offense under 
subsection (a), and one or more of such persons do any act to effect 
the object of the conspiracy, each shall be punishable as a principal, 
except that the sentence of death may not be imposed.''.
    (b) Conforming Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by inserting at the end:

``554. Violence while eluding inspection or during violation of 
                            arrival, reporting, entry or clearance 
                            requirements.''.
    (c) Section 111 of title 18, United States Code, is amended by--
            (1) redesignating subsection (b) as subsection (c); and
            (2) inserting after subsection (a) the following:
    ``(b) Reckless Endangerment.--Whoever 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, 
and thereby endangers the safety of any person or property, shall be 
fined under this title or imprisoned for not more than six months, or 
both.''.

  CHAPTER 2--STRENGTHENING MARITIME LAW ENFORCEMENT ALONG U.S. BORDERS

SEC. 3021. 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 a new section 2237 to read as follows:
``Sec. 2237. Sanctions for failure to heave to; sanctions for 
              obstruction of boarding and providing false information
    ``(a)(1) 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) 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 
        vessel's destination, origin, ownership, registration, 
        nationality, cargo, or crew.
    ``(b) This section does not limit in any way the preexisting 
authority of a customs officer under section 581 of the Tariff Act of 
1930 or any other provision of law enforced or administered by the 
Customs Service, or the preexisting authority of any Federal law 
enforcement officer under any law of the United States to order a 
vessel to heave to.
    ``(c) A foreign nation may consent 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. Consent or 
waiver may be proven by certification of the Secretary of State or the 
Secretary's designee.
    ``(d) For purposes of this section--
            ``(1) `vessel of the United States', and `vessel subject to 
        the jurisdiction of the United States' have the meaning set 
        forth for these terms in the Maritime Drug Law Enforcement Act 
        (46 App. U.S.C. 1903);
            ``(2) the term `heave to' means to cause a 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 sea state; and
            ``(3) the term `Federal law enforcement officer' has the 
        meaning set forth in section 115 of this title.
    ``(e) Any person who intentionally violates the provisions of this 
section shall be subject to be imprisoned for not more than five years, 
fined as provided in this title, or both.
    ``(f) A vessel that is used in violation of this section may be 
seized and forfeited. The laws relating to the seizure, summary and 
judicial forfeiture, and condemnation of property for violation of the 
customs laws, the disposition of such property or the proceeds from the 
sale thereof, the remission or mitigation of such forfeitures, and the 
compromise of claims, shall apply to seizures and forfeitures 
undertaken, or alleged to have been undertaken, under any of the 
provisions of this section; except that such duties as are imposed upon 
the 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 seizures and forfeitures of property under this section by 
such officers, agents, or other persons as may be authorized or 
designated for that purpose. A vessel that is used in violation of this 
section is also liable in rem for any fine or civil penalty imposed 
under this section.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 109 of 
title 18, United States Code, is amended by inserting the following new 
item after the item for section 2236:

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

SEC. 3022. 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 new section:
``Sec. 675. Civil penalty for failure to comply with a lawful boarding, 
              obstruction of boarding, or providing false information
    ``(a) Any person who violates section 2237(a) of title 18, United 
States Code, shall be liable for a civil penalty of not more than 
$25,000.
    ``(b) A vessel used to violate an order relating to the boarding of 
a vessel issued under the authority of section 2237 of title 18, United 
States Code, is also liable in rem and may be seized, forfeited, and 
sold in accordance with Customs law, specifically section 1594 of title 
19, United States Code.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 17 of 
title 14, United States Code, is amended by adding at the end the 
following new item:

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

SEC. 3023. CUSTOMS ORDERS.

    Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is amended 
by adding at the end the following new subsection:
    ``(i) As used 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.''.

     CHAPTER 3--SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS

SEC. 3031. SMUGGLING CONTRABAND AND OTHER GOODS FROM THE UNITED STATES.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end following new section:
``Sec. 556. Smuggling goods from the United States
    ``Whoever 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 or regulation of 
the United States, or receives, conceals, buys, sells, or in any manner 
facilitates the transportation, concealment, or sale of such 
merchandise, article or object, prior to exportation, knowing the same 
to be intended for exportation contrary to any law or regulation of the 
United States, shall be fined under this title or imprisoned not more 
than five years, or both. The term `United States' as used in this 
section shall have the same meaning as that provided in section 545 of 
this title.''.
    (b) Section 1956(c)(7)(D) of title 18, United States Code, is 
amended by inserting before ``section 641 (relating to public money, 
property, or records),'' the following: ``section 556 (relating to 
smuggling goods from the United States),''.
    (c) Conforming Amendment.--The chapter analysis for chapter 27 of 
title 18, United States Code, is amended by adding at the end the 
following:

``556. Smuggling goods from the United States.''.
    (d) Section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a) is 
amended by adding the following new subsection:
    ``(d) Merchandise exported or sent from the United States or 
attempted to be exported or sent from the United States contrary to 
law, or the proceeds or value thereof, and property used to facilitate 
the receipt, purchase, transportation, concealment, or sale of such 
merchandise prior to exportation shall be forfeited to the United 
States.''.

SEC. 3032. CONTROLLING ILLICIT LIQUOR TRAFFICKING.

    (a) In General.--Title 18, United States Code, is amended--
            (1) in section 546, by--
                    (A) inserting ``, or who owns, under the laws of 
                any State (as defined in section 245(d) of this title) 
                or of the United States any vehicle, aircraft, 
                conveyance or other mode of transportation and'' after 
                ``vessel of the United States'';
                    (B) inserting ``vehicle, aircraft, conveyance or 
                other mode of transportation'' after the second 
                occurrence and all subsequent occurrences of 
                ``vessel''; and
                    (C) 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) in section 1261, by striking all that follows the 
        heading and inserting: ``The Secretary of the Treasury shall 
        enforce the provisions of this chapter and may prescribe such 
        rules and regulations as he deems necessary to carry out the 
        provisions of 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) by adding a the end of chapter 59 the following new 
        section:
``Sec. 1266. Trafficking in contraband liquor
    ``(a) 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 one 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 State or Federal law.
    ``(b)(1) Whoever knowingly violates subsection (a) shall be fined 
under this title or imprisoned not more than 5 years, or both; in the 
case of a violation involving more than 15,000 liters of distilled 
spirits, such person shall be fined under this title or imprisoned not 
more than 10 years, or both.
    ``(2) The Secretary of the Treasury shall seize and forfeit, in 
accordance with section 9703(o) of title 31, any conveyance, liquor, or 
monetary instrument (as defined in section 5312 of title 31) involved 
in a violation of this section or any property, real or personal, which 
constitutes or is derived from proceeds traceable to a violation of 
this section.
    ``(3) 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) The court, in imposing sentence on a person convicted of 
violating this section, shall order that person to forfeit to the 
United States any property described in paragraph (2) involved in such 
violation. The seizure and forfeiture of such property 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 (b), (c), (e)-(p)).''.
    ``(c) Nothing in this chapter shall 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 such laws, and to provide for penalties for the violation 
of such laws.
    ``(d) For purposes of this section, `State' includes a State of the 
United States, the District of Columbia, and a commonwealth, territory, 
or possession of the United States.''.
    (b) Conforming Amendment.--The table of sections for chapter 59 of 
title 18, United States Code, is amended by inserting at the end:

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

SEC. 3033. CUSTOMS DUTIES.

    (a) In General.--Section 542 of title 18, United States Code, is 
amended--
            (1) by inserting at the end of the title the following: ``, 
        theft, embezzlement, or misapplication of duties'';
            (2) by striking ``--'' at the end of the second 
        undesignated paragraph and inserting ``; or'';
            (3) by inserting the following after the second 
        undesignated paragraph:
    ``Whoever 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--''; and
            (4) by striking ``two years'' and inserting ``five years''.
    (b) Conforming Amendment.--The table of sections for chapter 27 of 
title 18, United States Code, is amended by striking ``542. Entry of 
goods by means of false statements.'' and inserting the following:

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

SEC. 3034. FALSE CERTIFICATIONS RELATING TO EXPORTS.

    (a) In General.--Chapter 27 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 555. 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, 
which 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 or imprisoned not more than five years, or 
both.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 27 of 
title 18, United States Code, is amended by inserting the following at 
the end:

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

       Subtitle C--Denying Safe Haven to International Criminals

CHAPTER 1--STRENGTHENING EXTRADITION TO ENSURE INTERNATIONAL CRIMINALS 
                         ARE BROUGHT TO JUSTICE

SEC. 3041. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST TREATY.

    Chapter 209 of title 18, United States Code, is amended by adding 
at the end a new section 3197 as follows:
``Sec. 3197. Extradition for offenses not covered by a list treaty
    ``(a) Where a foreign government makes a request for the 
extradition of a person who is charged with or has been convicted of an 
offense within its jurisdiction, and there is an extradition treaty in 
force between the United States and the foreign government, 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 as set forth in subsections (b) and (c) below. Any such 
complaint shall be filed pursuant to section 3184, and the procedures 
of sections 3184 and 3186 and the terms of the relevant extradition 
treaty shall apply as if the offense were a `crime provided for by such 
treaty' as described in section 3184.
    ``(b) The Attorney General may authorize the filing of such a 
complaint only upon a certification--
            ``(1) by the Attorney General, that in the judgment of the 
        Attorney General, the offense for which extradition is sought 
        is a serious offense as defined in subsection (e), and 
        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 Secretary of State, submission of the request would be 
        consistent with the foreign policy interests of the United 
        States and the facts and circumstances then known do not appear 
        likely to present any significant impediment to the ultimate 
        surrender of the person if found extraditable.
Any decision or exercise of authority by the Attorney General or the 
Secretary of State pursuant to this subsection is not subject to 
judicial review.
    ``(c) In cases of urgency, the Attorney General may, with the 
concurrence of the Secretary of State and prior to any formal 
certification under subsection (b), authorize the filing of a complaint 
seeking the provisional arrest and detention of the person sought prior 
to the receipt of documents or other proof in support of the request 
for extradition. The provisions and requirements regarding provisional 
arrest in the relevant treaty shall apply.
    ``(d) Before issuing a warrant of surrender under sections 3184 and 
3186, the Secretary of State may impose conditions upon the surrender 
of the person, and may require such assurances of compliance with those 
conditions, as are deemed appropriate.
    ``(e) As used in this section, `serious offense' means conduct 
which is--
            ``(1) an offense described in any multilateral treaty to 
        which the United States is a party that obligates parties 
        either to extradite alleged offenders found in their territory 
        or submit the case to their competent authorities for 
        prosecution; or
            ``(2) conduct which, if it occurred in the United States, 
        would constitute one or more of the following offenses--
                    ``(A) a crime of violence (as defined in section 16 
                of this title),
                    ``(B) the distribution, manufacture, importation or 
                exportation of a controlled substance (as defined in 
                the Controlled Substances Act, Public Law 91-513 (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 of this title, provided the 
                value of the monetary instruments involved is in excess 
                of $100,000;
                    ``(F) fraud, theft, embezzlement, or commercial 
                bribery if the property which is the object of the 
                offense or offenses has a value in excess of $100,000;
                    ``(G) counterfeiting, if the obligations, 
                securities or other items counterfeited, have an 
                apparent value in excess of $100,000;
                    ``(H) a crime against children covered by chapter 
                109A or 117 or section 2251, 2251A, 2252, 2252A, or 
                2260 of this title''; or
                    ``(I) a conspiracy or attempt to commit any of the 
                foregoing offenses, or aiding and abetting a person who 
                commits such offenses.''.

SEC. 3042. EXTRADITION ABSENT A TREATY.

    Chapter 209 of title 18, United States Code, is amended by adding 
at the end a new section 3198 as follows:
``Sec. 3198. Extradition absent a treaty
    ``(a) Where a foreign government makes a request for the 
extradition of a person who is charged with or has been convicted of an 
offense within its jurisdiction, and there is no extradition treaty in 
force between the United States and the foreign government, the 
Attorney General may authorize the filing of a complaint for 
extradition as set forth in subsections (b) and (c). Any such complaint 
shall be filed pursuant to section 3184 and all 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.
    ``(b) The Attorney General may authorize the filing of such a 
complaint only upon a certification--
            ``(1) by the Attorney General, that in the judgment of the 
        Attorney General, the offense for which extradition is sought 
        is a serious offense as defined in subsection (h), and 
        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 Secretary of State, 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 country submitting the request does not 
                appear to be doing so in order to try or punish the 
                person sought based primarily on the person's race, 
                religion, nationality, or political opinions.
        The authorities and responsibilities of the Attorney General 
        set forth in this subsection may be delegated only to the 
        Deputy Attorney General. The authorities and responsibilities 
        of the Secretary of State set forth in this subsection may be 
        delegated only to the Deputy Secretary of State. The 
        authorities and responsibilities set forth in this subsection 
        are not subject to judicial review.
    ``(c) In cases of urgency, the Attorney General may, with the 
concurrence of the Secretary of State and prior to any formal 
certification under subsection (b), authorize the filing of a complaint 
seeking the provisional arrest and detention of the person sought prior 
to the receipt of documents or other proof in support of the request 
for extradition. The complaint shall be filed in the same manner as 
provided in section 3184, and upon such complaint, the judicial officer 
may issue an order for the provisional arrest and detention of the 
person. The judicial officer may order that a person detained pursuant 
to this subsection be released from custody if within forty-five days 
of the arrest the formal request for extradition and documents in 
support of it are not received by the Department of State.
    ``(d) Upon the filing of a complaint for extradition and receipt of 
documents or other proof in support of the foreign government's request 
for extradition, the judicial officer shall hold a hearing to determine 
whether the person is extraditable. The judicial officer shall find a 
person extraditable if the officer finds:
            ``(1) probable cause to believe that the person before the 
        judicial officer is the person sought in the foreign state;
            ``(2) probable cause to believe that the person before the 
        judicial officer committed the offense for which such person is 
        sought, or was duly convicted of that offense in the requesting 
        state; and
            ``(3) that the conduct upon which the request for 
        extradition is based, if it occurred within the United States, 
        would be a serious offense, as defined in subsection (i), 
        punishable by imprisonment for more than ten years under the 
        laws of the United States, the laws of the majority of the 
        States in the United States, or the laws in the State in which 
        the fugitive is found; and
            ``(4) no defense to extradition under subsection (e) has 
        been established.
    ``(e) The judicial officer shall not find the person extraditable 
if the person has established that the offense for which extradition is 
sought either is an offense for which the person is being proceeded 
against, or has been tried or punished, in the United States, or is a 
political offense. For purposes of this section a political offense 
does not include--
            ``(1) a murder or other violent crime against the person of 
        a Head of State of a foreign state, or of a member of the Head 
        of State's family;
            ``(2) an offense for which both the United States and the 
        requesting state have the obligation pursuant to a multilateral 
        international agreement to extradite the person sought or to 
        submit the case to their competent authorities for decision as 
        to prosecution; or
            ``(3) a conspiracy or attempt to commit any of the 
        foregoing offenses, or aiding or abetting a person who commits 
        or attempts to commit such offenses.
    ``(f) Issues regarding humanitarian concerns, the nature of the 
judicial system of the requesting state, and whether the foreign state 
is seeking extradition of a person for the purpose of prosecuting or 
punishing the person because of such person's race, religion, 
nationality or political opinions shall not be considered by the 
judicial officer at the hearing, but rather shall be reserved for 
consideration exclusively by the Secretary of State. Notwithstanding 
the certification required under subsection (b)(2), the Secretary of 
State may, within his or her sole discretion, consider such issues 
again in determining whether or pursuant to what conditions to 
surrender the person under sections 3184 and 3186.
    ``(g) The Secretary of State may impose conditions upon the 
surrender of the person, and may require such assurances of compliance 
with those conditions, as are deemed appropriate. In addition, the 
Secretary shall demand, as a condition of the person's extradition--
            ``(1) in every case, an assurance the Secretary deems 
        satisfactory that the person shall not be tried or punished for 
        an offense other than that for which the person has been 
        extradited or be extradited to a third state or to an 
        international tribunal, absent the consent of the United 
        States; provided, however, that this subparagraph shall not 
        apply if the person has left the territory of the foreign 
        country after extradition and voluntarily returned to it or has 
        not left the territory of the foreign country within ten days 
        of being free to do so; and
            ``(2) in a case in which the offense for which extradition 
        is sought is punishable by death in the requesting state and is 
        not so punishable under the applicable laws in the United 
        States, an assurance the Secretary deems satisfactory that the 
        death penalty shall not be imposed, or if imposed, shall not be 
        carried out.
    ``(h) As used in this section, `serious offense' means conduct 
which is--
            ``(1) an offense described in any multilateral treaty to 
        which the United States is a party that obligates parties 
        either to extradite alleged offenders found in their territory 
        or submit the case to their competent authorities for 
        prosecution; or
            ``(2) conduct which, if it occurred in the United States, 
        would constitute one or more of the following offenses--
                    ``(A) a crime of violence (as defined in section 16 
                of this title),
                    ``(B) the distribution, manufacture, importation or 
                exportation of a controlled substance (as defined in 
                section 802 of title 21);
                    ``(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 of this title, provided the 
                value of the monetary instruments involved is in excess 
                of $100,000;
                    ``(F) fraud, theft, embezzlement, or commercial 
                bribery if the property which is the object of the 
                offense or offenses has a value in excess of $100,000;
                    ``(G) counterfeiting, if the obligations, 
                securities or other items counterfeited, have an 
                apparent value in excess of $100,000;
                    ``(H) a conspiracy or attempt to commit any of the 
                foregoing offenses, or aiding and abetting a person who 
                commits such offenses;'' or
                    ``(I) a crime against children covered by chapter 
                109A or 117 or section 2251, 2251A, 2252, 2252A, or 
                2260 of this title.''.

SEC. 3043. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 3181(a) of title 18, United States Code, is amended by 
inserting ``, other than section 3197 and section 3198,'' after ``The 
provisions of this chapter''.
    (b) Section 3184 of title 18, United States Code, is amended:
            (1) by striking ``under section 3181(b)'' the first time it 
        appears and inserting in lieu thereof ``under section 3181(b) 
        or section 3198'' ;
            (2) by striking ``under section 3181(b)'' second time it 
        appears and inserting in lieu thereof ``under section 3181(b), 
        section 3197, or section 3198'' ; and
            (3) by striking ``under section 3181(b)'' the third time it 
        appears and inserting in lieu thereof ``under section 3181(b) 
        or section 3198''.
    (c) The table of sections for chapter 209 of title 18, United 
States Code, is amended by inserting at the end:

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

  CHAPTER 2--STRENGTHENING IMMIGRATION LAWS TO EXCLUDE INTERNATIONAL 
                    CRIMINALS FROM THE UNITED STATES

SEC. 3051. EXCLUSION OF PERSONS FLEEING PROSECUTION IN OTHER COUNTRIES.

    (a) Section 212(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)) is amended by adding the following new subparagraph:
                    ``(H) 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) Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 
1231(b)) is amended by adding the following new paragraph:
            ``(4) Aliens sought for prosecution.--Notwithstanding 
        paragraphs (1) and (2) of this subsection, any alien who is 
        found removable under section 212(a)(2)(H) (or section 
        212(a)(2)(H) as applied pursuant to section 237(a)(1)(A)), 
        shall be removed to the country seeking his or her prosecution 
        unless, in the discretion of the Attorney General, such removal 
        is determined to be impracticable, inadvisable, or impossible. 
        In such case, removal shall be directed according to paragraphs 
(1) and (2) of this subsection.''.

SEC. 3052. EXCLUSION OF PERSONS INVOLVED IN RACKETEERING AND ARMS 
              TRAFFICKING.

    (a) Section 212 of the Immigration and Nationality Act of 1952, as 
amended (8 U.S.C. 1182), is amended in subsection (a)(2)--
            (1) by redesignating subparagraphs (D), (E) and (F) as 
        subparagraphs (F), (G) and (I), respectively; and
            (2) by inserting after subparagraph (C) new subparagraphs 
        (D) and (E) to read as follows:
                    ``(D) Racketeering activities.--Any alien who the 
                consular officer or the Attorney General knows or has 
                reason to believe--
                            ``(i) is or has been engaged in activities 
                        which if engaged in within the United States 
                        would constitute `pattern of racketeering 
                        activity' as defined in 18 U.S.C. Sec. 1961(l) 
                        and (5), 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, 
                        within the previous five years, obtained any 
                        financial or other benefit from such illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of such illicit 
                        activity, is inadmissible.
                    ``(E) Trafficking in firearms, nuclear or explosive 
                materials, or chemical or biological weapons.--Any 
                alien who the consular officer or the Attorney General 
                knows or has reason to believe--
                            ``(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), explosive materials 
                        (as defined in section 841 of title 18, United 
                        States Code), or chemical weapons (as defined 
                        in section 229F of title 18, United States 
                        Code), or biological weapons; or has been a 
                        knowing assister, abettor, conspirator, or 
                        colluder with others in such illicit activity; 
                        or
                            ``(ii) is the spouse, son or daughter of an 
                        alien inadmissible under clause (i), has, 
                        within the previous five years, obtained any 
                        financial or other benefit from such illicit 
                        activity of that alien, and knew or reasonably 
                        should have known that the financial or other 
                        benefit was the product of such illicit 
                        activity,
                is inadmissible.''.
    (b) Section 212(h) of the Immigration and Nationality Act of 1952, 
as amended (8 U.S.C. 1182), is amended, in the matter preceding 
paragraph (1), as follows:
            (1) strike ``The Attorney General'' through ``of subsection 
        (a)(2)'' ; and
            (2) insert in lieu thereof: ``The Attorney General may, as 
        a matter of discretion, waive the application of subparagraphs 
        (A)(i)(I), (B), (C)(ii), (D)(ii), E(ii), (F) and (G) of 
        subsection (a)(2),''
            (3) insert before ``if--'' ``, and subparagraph (D)(i) of 
        such subsection insofar as it relates to an offense other than 
        an aggravated felony''.
    (c) Section 212(h)(1)(A)(i) of the Immigration and Nationality Act 
of 1952, as amended (8 U.S.C. 1182), is amended by striking ``(D)(i) or 
(D)(ii)'' and inserting ``(F)(i) or (F)(ii)''.

SEC. 3053. EXCLUSION OF PERSONS INVOLVED IN INTERNATIONAL ALIEN 
              SMUGGLING.

    Section 212 of the Immigration and Nationality Act of 1952, as 
amended (8 U.S.C. 1182), is amended:
            (1) by amending subsection (a)(6)(E)(i) to read as follows:
                    ``(E) Smugglers.--(i) Any alien who at any time 
                has--
                            ``(I) knowingly encouraged, induced, 
                        assisted, abetted, or aided any other alien to 
                        enter or try to enter the United States in 
                        violation of law, or
                            ``(II) knowingly encouraged, induced, 
                        assisted, abetted, or aided any other alien to 
                        enter or try to enter any other country and who 
                        knew or reasonably should have known that such 
                        entry or attempted entry was likely to be in 
                        furtherance of the entry or attempted entry by 
                        such alien into the United States in violation 
                        of law,
                    is inadmissible.'';
            (2) in subsection (a)(6)(E)(ii), by inserting before the 
        period at the end of the last sentence: ``or to enter any other 
        country in furtherance of any entry or attempted entry into the 
        United States in violation of law''; and
            (3) in subsection (d)(11), by inserting before the period 
        at the end of the last sentence: ``or to enter any other 
        country in furtherance of an entry or attempted entry into the 
        United States in violation of law''.

    CHAPTER 3--ADDITIONAL TOOLS TO DENY SAFE HAVEN TO INTERNATIONAL 
                               CRIMINALS

SEC. 3061. 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 new section:
``Sec. 4116. Temporary transfer for prosecution
    ``(a) When 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 such pretrial detention or custody, the Attorney General 
shall have the authority to request the temporary transfer of that 
person to the United States in order to face prosecution in a State or 
Federal criminal proceeding, to maintain the custody of such person 
while the person is in the United States, and to return such person to 
the foreign country at the conclusion of the criminal prosecution, 
including any imposition of sentence. The Attorney General shall make 
such a request only if she determines, based upon the facts and 
circumstances then know, and after consultation with the Secretary of 
State, that the return of such person to the foreign country in 
question would be consistent with United States international 
obligations. Any decision, or exercise of authority by the Attorney 
General under this subsection is not subject to judicial review.
    ``(b) When a person is in pretrial detention or is otherwise being 
held in custody in the United States based upon a violation of State or 
Federal law, and that person is found extraditable to a foreign country 
while still in such pretrial detention or custody pursuant to the 
provisions of section 3184 and the Secretary of State has determined 
that the person should be surrendered pursuant to section 3186, the 
Attorney General shall have the authority to temporarily transfer that 
person to that foreign country in order to face prosecution, to 
transport such person from the United States in custody, and to return 
such person in custody to the United States from the foreign country. 
When the person is being held in custody for a violation of State law, 
the Attorney General may exercise the authority described in this 
paragraph if the appropriate State authorities give their consent. Any 
decision, or exercise of authority by the Attorney General under this 
subsection is not subject to judicial review. With regard to persons in 
pretrial detention, temporary transfer under this section results in an 
interruption in their pretrial detention status, and 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 there temporarily pursuant to this section.
    ``(c) The Attorney General may exercise the authority described in 
paragraphs (a) and (b) absent a prior finding that the person in 
custody is extraditable, if the person, any appropriate State 
authorities in a case under paragraph (b), and the foreign country give 
their consent.
    ``(d) Where 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. In no event shall 
the return of such person require extradition proceedings or 
proceedings under the immigration laws. In addition, 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 of 1952, as amended, including the right to apply for or be granted 
asylum or withholding of deportation.
    ``(e) For purposes of this section, `State' includes a State of the 
United States, the District of Columbia, and a commonwealth, territory, 
or possession of the United States.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 306 of 
title 18, United States Code, is amended by inserting the following at 
the end:

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

SEC. 3062. TRANSFER OF PRISONERS TO SERVE SENTENCES IN COUNTRY OF 
              ORIGIN.

    Section 4108 of title 18, United States code, is amended--
            (1) in subsection (a), by striking ``in the country in 
        which the sentence was imposed''; and
            (2) by adding at the end a new subsection (f) as follows:
    ``(f) Consent verification proceedings may be conducted by wire or 
electronic communication with the consent of the offender and the 
Attorney General.''.

SEC. 3063. 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 new section:
``Sec. 4087. Transit through the United States of persons wanted in a 
              foreign country
    ``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. A determination by the Attorney General to permit or not to 
permit such temporary transit is not subject to judicial review. When 
such permission is granted, Federal law enforcement personnel may hold 
the person in custody during such person's transit of the United 
States. Notwithstanding any other provision of law, persons who transit 
the United States pursuant to this section shall be required to have 
only such documents as the Attorney General shall determine, shall not 
be considered to be admitted or paroled into the United States, and 
shall not be entitled to apply for or obtain any right or remedy under 
the Immigration and Nationality Act of 1952, as amended, including the 
right to apply for or be granted asylum or withholding of 
deportation.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 305 of 
title 18, United States Code, is amended by inserting the following at 
the end:

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

    Subtitle D--Seizing and Forfeiting the Assets of International 
                               Criminals

SEC. 3071. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND.

    (a) Title 19, United States Code, is amended by adding the 
following new section 1583:
``Sec. 1583. Examination of outbound mail
    ``(a) For the purposes of ensuring compliance with the Customs laws 
and the laws enforced by the United States Customs Service, including 
but not limited to section 5316 of title 31 (Bank Secrecy Act), 
sections 1461, 1463, 1465, and 1466 and chapter 110 of title 18 
(relating to obscenity and child pornography), section 953 of title 21 
(drug smuggling), sections 2401-20 of title 50 Appendix (Export 
Administration Act of 1979), section 2778 of title 22 (Arms Export 
Control Act), and sections 1701 et. seq. of title 50 (International 
Emergency Economic Powers Act), a Customs officer may stop and search 
subject to the provisions of this section, at the border and without a 
search warrant, mail of domestic origin transmitted for export by the 
United States Postal Service.
    ``(b) Mail not sealed against inspection under the postal laws and 
regulations of the United States, mail which bears a customs 
declaration, or mail with respect to which the sender or addressee has 
consented in writing to search, may be searched by a Customs officer.
    ``(c) Mail sealed against inspection under the postal laws and 
regulations of the United States may be searched by a Customs officer, 
subject to subsections (d) and (e), upon reasonable cause to suspect 
that such mail contains monetary instruments (as defined in section 
1956 of title 18); a weapon of mass destruction (as defined in section 
2332a of title 18); a drug or other substance listed in schedule I, II, 
III, or IV in section 912 of title 21; national defense and related 
information transmitted in violation of 18 U.S.C. 793 to 798; any 
merchandise mailed in violation of sections 1715 or 1716 of title 18; 
merchandise mailed in violation of chapters 71 (obscenity) or 110 
(child pornography) of title 18; merchandise mailed in violation of 
sections 2401 to 2420 of title 50 Appendix (Export Administration Act 
of 1979); merchandise mailed in violation of section 2778 of title 22 
(Arms Export Control Act); merchandise mailed in violation of section 
1701 et seq. of title 50 (International Emergency Economic Powers Act); 
or merchandise mailed in violation of section I et seq. of title 50 
Appendix (Trading With The Enemy Act).
    ``(d) No person acting under authority of this section shall read, 
or authorize any other person to read, any correspondence contained in 
mail sealed against inspection unless prior to reading,
            ``(1) A search warrant has been issued pursuant to rule 41, 
        Federal Rules of Criminal Procedure, or
            ``(2) The sender or addressee has given written 
        authorization.
    ``(e) The procedures for the search of mail sealed against 
inspection pursuant to this section shall be determined in and governed 
by a written agreement which shall be entered into between the 
Department of the Treasury and the United States Postal Service and 
shall provide, among other matters, for the presence of employees of 
each agency, including a Customs officer, at any search of such mail, 
at the locations at which mail will be searched, and for avoiding any 
undue delay in the movement of such mail.''.
    (b) Conforming Amendment.--Section 3623 (d) of title 39, United 
States Code, is amended to read as follows:
    ``(d) The Postal Service shall maintain one or more classes of mail 
for the transmission of letters sealed against inspection. The rate of 
each such class shall be uniform through the United States, its 
territories, and possessions. One such class shall provide for the most 
expeditious handling and transportation afforded mail matter by the 
Postal Service. No letter of such a class of domestic origin shall be 
opened except under authority of a search warrant authorized by law, or 
by an officer or employee of the Postal Service for the sole purpose of 
determining an address at which the letter can be delivered, or 
pursuant to the authorization of the addressee, or pursuant to Section 
1583 of title 19.''.

SEC. 3072. FORFEITURE OF PROPERTY USED TO VIOLATE FEDERAL EXPLOSIVES 
              LAWS.

    (a) Section 981(a)(1) of title 18, United States Code, is amended 
by adding at the end the following new subparagraph:
                    ``(J) Any conveyance, chemicals, laboratory 
                equipment, or other material, article, apparatus, 
                device or thing made, possessed, fitted, used or 
                intended to be used to commit a violation of 18 U.S.C. 
                842 (a)(1), (a)(3), (b), (c), (d), (h), (i), (l), (m), 
                and (n), and 844 (d) through (m), or a conspiracy to 
                commit any such offense, and any property traceable to 
                such property.''.
    (b) Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(12) The court, in imposing sentence on a person 
        convicted of an offense punishable under chapter 40 (relating 
        to explosives), or a conspiracy to commit such an offense, 
        shall order the person to forfeit to the United States any 
        conveyance, chemicals, laboratory equipment, or other material, 
        article, apparatus, device or thing made, possessed, fitted, 
        used or intended to be used to commit such offense, and any 
        property traceable to such property.''.

SEC. 3073. ADMINISTRATIVE SUMMONS AUTHORITY UNDER THE BANK SECRECY ACT.

    Section 5318(b)(1) of title 31, United States Code, is amended to 
read as follows:
            ``(1) Scope of power.--The Secretary of the Treasury may 
        take any action described in paragraph (3) or (4) of subsection 
        (a), (i) for the purpose of determining compliance with the 
        rules of this subchapter or any regulations issued hereunder, 
        or (ii) for the purpose of 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 regulations 
        under any such provision.''.

SEC. 3074. EXEMPTING FINANCIAL ENFORCEMENT DATA FROM UNNECESSARY 
              DISCLOSURE.

    (a) Section 203 of the International Emergency 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 new 
        paragraph:
            ``(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 such information is determined by the President to be in the 
        national interest.''.
    (b) Section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 
5(b)) is amended--
            (1) by redesignating paragraphs (2), (3) and (4) as 
        paragraphs (3), (4) and (5); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(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 such information is determined by the President to be in the 
        national interest.''.

SEC. 3075. 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''.

SEC. 3076. 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) by inserting in subsection (a) ``or attempt to 
        violate'' after ``violate'' each time it appears; and
            (2) by inserting in subsection (b)(1) ``or attempts to 
        violate'' after ``violates''.

     Subtitle E--Responding to Emerging International Crime Threats

SEC. 3081. JURISDICTION OVER CERTAIN FINANCIAL CRIMES COMMITTED ABROAD.

    Section 1029 of title 18, United States Code, is amended by adding 
at the end a new paragraph (g) as follows:
    ``(g) Any person who, outside the jurisdiction of the United 
States, engages in any act which, if committed within the jurisdiction 
of the United States, would constitute an offense under subsection (a) 
or (b) of this section, 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).''.

SEC. 3082. AMENDMENT TO THE COMPUTER FRAUD AND ABUSE ACT.

    Section 1030 of title 18, United States Code, is amended in 
subsection (d) by--
            (1) striking ``subsections (a)(2)(A), (a)(2)(B), (a)(3), 
        (a)(4), (a)(5), and (a)(6) of''; and
            (2) striking ``which shall be entered into'' and inserting 
        ``between'' in lieu thereof.

     Subtitle F--Promoting Global Cooperation in the Fight Against 
                          International Crime

SEC. 3101. STREAMLINED PROCEDURES FOR EXECUTION OF MUTUAL LEGAL 
              ASSISTANCE REQUESTS.

    (a) In General.--Chapter 117 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1790. Assistance to foreign authorities
    ``(a) 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 one judicial district, to a 
judge or judge magistrate of--
            ``(1) any one 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
            ``(2) the United States District Court for the District of 
        Columbia.
A judge or judge magistrate to whom a request for assistance is 
presented shall have the authority to issue such orders as appear to be 
necessary to execute the request including, but not limited to, 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) A person appointed shall have the power 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) A person ordered pursuant to subparagraph (b)(i) to appear 
outside the district in which that person resides or is found may, 
within 10 days of receipt of such 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) The judge or judge magistrate may transfer the request, or 
that portion requiring the person's appearance, to the other district 
if--
            ``(1) the inconvenience to the person is substantial; and
            ``(2) the transfer is unlikely to adversely affect the 
        effective or timely execution of the request or a portion 
        thereof.
Upon transfer, the judge or judge magistrate to whom the request or a 
portion thereof is transferred shall complete its execution in 
accordance with paragraphs (a) and (b).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 117 of 
title 28, United States Code, is amended by inserting the following at 
the end:

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

SEC. 3102. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.

    Section 3508 of title 18, United States Code, is amended--
            (1) by amending the title to read as follows: ``Temporary 
        transfer of witnesses in custody''; and
            (2) by striking all that follows paragraph (a) and 
        inserting the following:
    ``(b) When 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 temporarily transfer that person to 
the foreign country for the purpose of giving such testimony, to 
transport such person from the United States in custody, to make 
appropriate arrangements for custody for such person while outside the 
United States, and to return such person in custody to the United 
States from the foreign country. When the person is being held in 
custody for a violation of State law, the Attorney General may exercise 
the authority described in this paragraph if the appropriate State 
authorities give their consent.
    ``(c) Where 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. In no event shall the return of such person 
require any request for extradition or extradition proceedings, or 
require that a person be subject to deportation or exclusion 
proceedings under the laws of either country.
    ``(d) Where there is an international agreement between the United 
States and the foreign country in which the witness is being held in 
custody or to which the witness will be transferred from the United 
States, and which provides for the transfer, custody and return of such 
witnesses, the terms and conditions of that international agreement 
shall apply. Where there is no such international agreement, the 
Attorney General may exercise the authority described in paragraphs (a) 
and (b) if both the foreign country and the witness give their consent.
    ``(e) Notwithstanding any other provision of law, persons held in 
custody in a foreign country who are transferred to the United States 
pursuant to this section for the purpose of giving testimony shall not 
thereby or for so long as they are present in the United States 
pursuant to such transfer be entitled to apply for or obtain any right 
or remedy under the Immigration and Nationality Act of 1952, as 
amended, 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. Persons so transferred may be summarily removed 
from the United States upon order by the Attorney General. Nothing in 
this section shall 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) 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 such transfer or return would be consistent with United 
States international obligations. A determination by the Attorney 
General under this subsection shall not be subject to judicial review 
by any court.''.
            (4) Conforming Amendment.--The chapter analysis for chapter 
        223 of title 18, United States Code, is amended by amending the 
        item relating to section 3508 to read as follows:

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

SEC. 3103. TRAINING OF FOREIGN LAW ENFORCEMENT AGENCIES.

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

SEC. 3104. DISCRETIONARY AUTHORITY TO USE FORFEITURE PROCEEDS.

    Section 524(c)(1) of title 28, United States Code, is amended--
            (1) in the second subparagraph designated as subparagraph 
        (I), by--
                    (A) striking ``institutions.'' and inserting 
                ``institutions; and''; and
                    (B) redesignating that subparagraph as subparagraph 
                (J);
            (2) by inserting the following new subparagraph (K) 
        immediately following subparagraph (J) as designated by this 
        section:
                    ``(K) 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 such property, subject to the 
                following conditions:
                            ``(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) such foreign judgment was entered 
                        and presented to the Attorney General within 
                        five years of the date that 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 such 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.''; and
            (3) by striking ``and'' at the end of subparagraph (H).

     Subtitle G--Streamlining the Investigation and Prosecution of 
                  International Crimes in U.S. Courts

SEC. 3111. REIMBURSEMENT OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES IN 
              INTERNATIONAL CRIME CASES.

    The Attorney General is authorized to obligate, as necessary 
expenses, from any appropriate appropriation account available to the 
Department of Justice in fiscal year 2001 and thereafter, the cost of 
reimbursement to state, local or tribal law enforcement agencies for 
translation services and related expenses, including transportation 
expenses, in cases involving extradition or requests for mutual legal 
assistance from foreign countries.

SEC. 3112. SAFE CONDUCT FOR FOREIGN WITNESSES TESTIFYING IN U.S. 
              COURTS.

    (a) In General.--Chapter 305 of title 18 of the United States Code 
is amended by adding at the end the following new section:
``Sec. 4088. Safe conduct for witnesses temporarily in the United 
              States
    ``(a) The Attorney General may determine that when 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 state or Federal 
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 which preceded the person's departure 
from the foreign jurisdiction.
    ``(b) The Attorney General may specify in any grant of safe conduct 
the appropriate duration and conditions thereof. Absent contrary 
direction by the Attorney General, the safe conduct provided for by 
this section shall cease seven days after--
            ``(1) the person completes their testimony or their answers 
        to the questions;
            ``(2) the requesting Magistrate judge or Federal law 
        enforcement officer has notified either the person or the 
        appropriate authorities in the foreign jurisdiction that the 
        person's presence in the United States is no longer required; 
        or
            ``(3) when the person leaves the United States;
whichever occurs first.
    ``(c) Absent contrary direction by the Attorney General, persons 
granted safe conduct--
            ``(1) shall not be entitled to apply for or obtain any 
        right or remedy under the Immigration and Nationality Act of 
        1952, as amended, for so long as they are present in the United 
        States pursuant to such grants; and
            ``(2) may be summarily removed from the United States at 
        the expiration of the safe conduct period upon order of the 
        Attorney General, and such orders shall not be subject to 
        administrative or judicial review.
    ``(d) A determination by the Attorney General to grant, deny, or 
condition safe conduct under this section is not subject to judicial 
review.
    ``(e) To the extent the provisions of an applicable mutual legal 
assistance treaty are inconsistent with this section, the treaty 
provisions shall apply.
    ``(f) For purposes of this section, the term--
            ``(1) `Magistrate judge' has the meaning prescribed in rule 
        54 of the Federal Rules of Criminal Procedure;
            ``(2) `Federal law enforcement officer' has the meaning 
        prescribed in section 115 of this title: and
            ``(3) `state' means a state of the United States, the 
        District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (b) Conforming Amendment.--The chapter analysis for Chapter 305 of 
title 18, United States Code, is amended by inserting the following at 
the end:

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

SEC. 3113. PROHIBITING FUGITIVES FROM BENEFITTING FROM TIME SERVED 
              ABROAD.

    Section 3585 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(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 where--
            ``(1) the defendant fled from, or remained outside of, the 
        United States to avoid prosecution or imprisonment;
            ``(2) the United States officially requested the 
        defendant's return 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. 3114. 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) Except as provided in subsection (c) of this section, 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, 
the decision or results are delivered to the requesting United States 
authority.''.

SEC. 3115. CLARIFICATION OF DISCRETIONARY NATURE OF PAYMENTS TO 
              INFORMANTS.

    Subparagraph (a)(2)(B) of section 619 of the Tariff Act of 1930, as 
amended (19 U.S.C. 1619), is further amended by inserting ``in the sole 
discretion of the Secretary or his designee,'' after the semicolon.

SEC. 3116. ENHANCED TOOLS TO INVESTIGATE ILLICIT ARMS TRAFFICKING.

    (a) 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., et seq.); or
            ``(2) arising out of an investigation by a federal law 
        enforcement agency concerning possible criminal violations of 
        United States law.''.

                         Subtitle H--Terrorism

SEC. 3121. EXPANSION OF THE BIOLOGICAL WEAPONS STATUTE.

    (a)(1) Findings.--The Congress finds that--
            (A) certain biological agents and toxins have the potential 
        to pose a severe threat to the nation's public health and 
        safety, and thereby affect interstate and foreign commerce;
            (B) the Secretary of Health and Human Services has 
        published a list of biological agents and toxins that pose a 
        severe threat to the nation's public health and safety as an 
        appendix to part 72 of title 42 of the Code of Federal 
        Regulations;
            (C) biological agents and toxins can be used as weapons by 
        individuals or organizations for the purpose of domestic or 
        international terrorism or for other criminal purposes;
            (D) terrorists and other criminals can also harm national 
        security, drain the limited resources of all levels of 
        government devoted to thwarting biological weapons, and damage 
        interstate and foreign commerce by threatening to use, and by 
        falsely reporting efforts to use, biological agents and toxins 
        as weapons;
            (E) the Biological Weapons Convention requires the United 
        States to take necessary measures within the United States to 
        prohibit and prevent the development, production, stockpiling, 
        acquisition or retention of biological agents and toxins of 
        types and in quantities that have no justification for 
        prophylactic, protective or other peaceful purposes;
            (F) the mere possession of biological agents and toxins is 
        a potential danger which impacts our obligations under the 
        Biological Weapons Convention and affects interstate and 
        foreign commerce; and
            (G) persons in possession of harmful biological agents and 
        toxins should handle them in a safe manner and, in the case of 
        agents and toxins listed by the Department of Health and Human 
        Services as posing a severe threat to the nation's public 
        health and safety, report their possession and the purpose for 
        their possession to the appropriate federal agency in order to 
        ensure that such possession is for peaceful scientific research 
        or development.
    (2) Purposes.--The purposes of this section are to--
            (A) strengthen our implementation of the Biological Weapons 
        Convention and to ensure that biological agents and toxins are 
        possessed for only peaceful purposes;
            (B) establish penalties for the false reporting of 
        violations of the biological weapons statute (18 U.S.C. 175-
        178);
            (C) improve the statutory definitions relating to 
        biological weapons; and
            (D) provide a death penalty for violations of section 
        175(a) of title 18, United States Code, where death results 
        from the offense.
    (b)(1) Additional Measures.--Section 175 of title 18, United States 
Code, is amended by adding the following at the end:
    ``(c) Additional Prohibitions Relating to Biological Agents, 
Toxins, and Delivery Systems.--
            ``(1) Unlawful possession.--Whoever knowingly possesses any 
        biological agent, toxin, or delivery system of a type or in a 
        quantity that, under the circumstances, is not reasonably 
        justified by a prophylactic, protective or other peaceful 
        purpose, shall be fined under this title, imprisoned not more 
        than 10 years, or both. Knowledge of whether the type or 
        quantity of any biological agent, toxin, or delivery system is 
        reasonably justified by a peaceful purpose is not an element of 
        the offense. For purposes of this paragraph, the terms 
        `biological agent' and `toxin' do not encompass any biological 
        agent or toxin that is in its naturally occurring environment, 
        provided that such agent or toxin has not been cultivated, or 
        collected or otherwise extracted from its natural source.
            ``(2) Unsafe handling.--
                    ``(A) In general.--Whoever, with conscious 
                disregard of an unreasonable risk to public health and 
                safety, handles an item knowing it to be a biological 
                agent, toxin, or delivery system in a manner which 
                grossly deviates from accepted norms, shall be fined 
                under this title, imprisoned for not more than one 
                year, or both.
                    ``(B) Aggravated offense.--Whoever in the course of 
                a violation of subparagraph (A) causes bodily injury 
                (as defined in section 1365(g)(4) of this title) to any 
                individual (other than the perpetrator) shall be fined 
                under this title or imprisoned not more than 10 years, 
                or both; and, if death results from the offense, shall 
                be fined under this title or imprisoned for any term of 
                years or for life, or both fined and imprisoned.
    ``(d) False Information.--
            ``(1) Criminal violation.--Whoever communicates 
        information, knowing the information to be false and under 
        circumstances in which such information may reasonably be 
        believed, concerning the existence of activity which would 
        constitute a violation of subsection (a) or (c) shall be fined 
        under this title or imprisoned not more than five years, or 
        both.
            ``(2) Civil penalty.--Whoever communicates information, 
        knowing the information to be false, concerning the existence 
        of activity which would constitute a violation of subsection 
        (a) or (c) is liable to the United States Government for a 
        civil penalty of the greater of $10,000 or the amount of money 
        expended by the United States Government in responding to the 
        false information.
    ``(e) Reporting, Transfer and Possession of Select Agents.--
            ``(1) Obligation to report.--Any person who possesses a 
        select agent shall report such possession to the designated 
        agency, in the manner prescribed by the designated agency, 
        within 72 hours of the effective date of the regulation issued 
        by that agency pursuant to this paragraph or within 72 hours of 
        subsequently obtaining possession of the agent or toxin; 
        provided that, if such person is a registered entity, the 
        reporting, if any, shall be in the manner as otherwise directed 
        by regulation by the designated agency. If a person complies 
        with this provision, there is no obligation for any employee of 
        such person to file a separate report concerning the employee's 
        possession of a select agent in the workplace of such person.
            ``(2) Criminal penalty for willful failure to report.--Any 
        person who willfully fails to make the report required by 
        subsection (e)(1) within the prescribed period shall be fined 
        under this title, imprisoned for not more than 3 years, or 
        both. As used in this paragraph, the term `willfully' means an 
        intentional violation of a known duty to report.
            ``(3) Civil penalty for failure to report.--Any person who 
        fails to make the report required by subsection (e)(1) within 
        the prescribed period is liable to the United States Government 
        for a civil penalty of $5,000.
            ``(4) Penalty for possession of unreported select agents.--
        Any person who knowingly possesses a biological agent or toxin 
        where such agent or toxin is a select agent for which a report 
        required by subsection (e)(1) has not been made shall be fined 
        under this title, imprisoned for not more than one year, or 
        both.
            ``(5) Unauthorized transfer of select agents.--Whoever 
        knowingly transfers a select agent to any person who is not a 
        registered entity shall be fined under this title or imprisoned 
        not more than five years, or both. For purposes of this 
        paragraph, the term `transfers' does not encompass the transfer 
        of a select agent within the workplace between employees of the 
        same registered entity, or between employees of any person who 
        has filed the report required by paragraph (1), if the transfer 
        is authorized by such entity or person.
            ``(6) Possession of select agents by restricted 
        individuals.--
                    ``(A) Prohibition on possession.--Except as 
                otherwise provided in this section or in section 
                3121(b)(3)(G) of the 21st Century Law Enforcement and 
                Public Safety Act, no restricted individual shall 
                knowingly possess or attempt to possess any biological 
                agent or toxin where that biological agent or toxin is 
                a select agent.
                    ``(B) Penalty.--Any individual who violates 
                subparagraph (A) shall be fined under this title or 
                imprisoned for not more than five years, or both.
                    ``(C) Employers of individuals who possess select 
                agents.--Employers of individuals who will possess 
                select agents in the course of their employment shall 
                require such individuals, prior to being given access 
                to select agents, to complete a form in which the 
                individual affirms or denies the existence of each of 
                the restrictions set forth in paragraph (8) of section 
                178 of this title. In the case of individuals already 
                employed at the time of the enactment of this provision 
                who possess select agents in the course of their 
                employment, employers shall, within 90 days of 
                enactment of this provision, require those individuals 
                to complete such a form. Such form shall be retained by 
                the employer for at least five years after the 
                individual terminates his employment with that 
                employer.
                    ``(D) Employees.--
                            ``(i) Whoever wilfully and knowingly 
                        falsifies or conceals a material fact or makes 
                        any materially false, fictitious, or fraudulent 
                        statement or representation in completing the 
                        form required under subparagraph (C) shall be 
                        fined under this title or imprisoned not more 
                        than 5 years or both.
                            ``(ii) The prohibition of subparagraph (A) 
                        does not apply to possession by a restricted 
                        individual of a select agent in the workplace 
                        of his employer if the basis for the 
                        prohibition relates solely to subparagraphs (A) 
                        or (B)(i) of paragraph (8) of section 178 of 
                        this title and a determination is made to waive 
                        the prohibition in accordance with the rules 
                        and procedures established pursuant to 
                        subsection (f).
                            ``(iii) The prohibition of subparagraph A 
                        does not apply to possession by a restricted 
                        individual of a select agent in the workplace 
                        of his employer if the basis for the 
                        prohibition relates solely to subparagraphs 
                        (B)(ii) or (G) of paragraph (8) of section 178 
of this title and is more than five years old (not counting time served 
while in custody), and a determination is made to waive the prohibition 
in accordance with the rules and procedures established pursuant to 
subsection (f).
                            ``(iv) For the purposes of this 
                        subparagraph, the term `employer' means any 
                        person who is a registered entity or has filed 
                        the report required by section 175(e)(1) of 
                        this title and employs a restricted individual.
                    ``(E) Certain non-permanent resident aliens.--The 
                prohibition of subparagraph (A) does not apply to 
                possession by a restricted individual of a select agent 
                if the basis for the prohibition relates solely to 
                subparagraph (F) of paragraph (8) of section 178 of 
                this title, and the restricted individual has received 
                a waiver from the agency designated to carry out the 
                functions of this subparagraph. The designated agency 
                may issue a waiver if it determines, in consultation 
                with the Attorney General, that a waiver is in the 
                public interest.
    ``(f) Waivers of Restrictions on Possession of Select Agents in 
Course of Employment.--The agency designated to carry out this 
subsection, after consultation with appropriate agencies, with 
representatives of the scientific and medical community, and with other 
appropriate public and private entities and organizations (including 
consultation concerning employment practices in working with select 
agents), shall establish the rules and procedures governing waivers of 
the provisions of subsection (e)(6)(A) with respect to possession of 
select agents by restricted individuals in the course of employment. 
Such rules and procedures shall address, among other matters as found 
appropriate by the designated agency, whether (or the circumstances 
under or the extent to which) the determination to grant a waiver shall 
be reserved to the Government, or may be made by the employer (either 
with or without consultation with the Government).
    ``(g) Reimbursement of Costs.--
            ``(1) Convicted defendant.--
                    ``(A) Subsection (a), (c), or (e).--The court shall 
                order any person convicted of an offense under 
                subsection (a), (c) or (e) to reimburse the United 
                States for any expenses incurred by the United States 
                incident to the seizure, storage, handling, 
                transportation, and destruction or other disposal of 
                any property that was seized in connection with an 
                investigation of the commission of such offense by that 
                person.
                    ``(B) Subsection (d)(1).--The court shall order any 
                person convicted of an offense under subsection (d)(1) 
                to reimburse the United States for any expenses 
                incurred by the United States incident to the 
                investigation of the commission by that person of such 
                offense, including the cost of any response made by any 
                federal military or civilian agency to protect public 
                health or safety.
            ``(2) Owner liability.--The owner or possessor of any 
        property seized and forfeited under this chapter shall be 
        liable to the United States for any expenses incurred incident 
        to the seizure and forfeiture, including any expenses relating 
        to the handling, storage, transportation, and destruction or 
        other disposition of the seized and forfeited property.
            ``(3) Jointly and severally liable.--A person ordered to 
        reimburse the United States for expenses under this chapter 
        shall be jointly and severally liable for such expenses with 
        each other person, if any, who is ordered under this subsection 
        to reimburse the United States for the same expenses.''.
    (2) Technical Clarification.--
            (A) Section 176(a)(1)(A) of title 18, United States Code, 
        is amended by striking ``exists by reason of'' and inserting 
        ``pertains to''.
            (B) Section 175(a) of title 18, United States Code, is 
        amended by striking ``section'' and inserting ``subsection''.
    (3)(A) Designation of Responsible Agencies.--Within 60 days of the 
date of enactment of this Act, the President shall designate--
            (i) the agency responsible for prescribing the regulation 
        required by section 175(e)(1) of title 18, United States Code;
            (ii) the agency responsible for granting the waivers under 
        the provisions of section 175(e)(6)(E) of title 18, United 
        States Code; and
            (iii) the agency responsible for implementing the waiver 
        provisions of section 175(f) of title 18, United States Code.
    (B) Regulations.--The agencies designated pursuant to subparagraph 
(A)--
            (i) shall issue proposed rules not later than 90 days after 
        the date of the President's designation; and
            (ii) shall issue final rules not later than 270 days after 
        the date of the enactment of this Act.
    (C) Inspections.--The agency designated pursuant to subparagraph 
(A)(i) may inspect the facilities of any person who files a report 
required by section 175(e)(1) of title 18, United States Code, to 
determine whether the person is handling the select agent in a safe 
manner, whether he is holding such agent for a peaceful purpose, and 
whether the type and quantity being held are reasonable for that 
purpose. Any agency designated pursuant to paragraph (3)(A) may inspect 
any form required by subparagraph (C) and any documentation relating to 
a determination made pursuant to subparagraph (D) of section 175(e)(6) 
of title 18, United States Code.
    (D) Freedom of Information Act Exemption.--Any information provided 
to the Secretary of Health and Human Services pursuant to regulations 
issued under section 511(f) of the Antiterrorism and Effective Death 
Penalty Act of 1996 (42 CFR 72.6) or to the designated agency under 
section 175(e)(1) of title 18, United States Code, shall not be 
disclosed under section 552(a) of title 5, United States Code, except 
that the Secretary or the designated agency may use and disclose such 
information to protect the public health, and shall also disclose any 
such relevant information to the Attorney General for use in any 
investigation or other proceeding to enforce any law relating to select 
agents or any other law. Any such information shall be made available 
to any committee or subcommittee of Congress with appropriate 
jurisdiction upon the written request of the chairman or ranking 
minority member of such committee or subcommittee, except that no such 
committee or subcommittee, and no member and no staff member of such 
committee or subcommittee, shall disclose such information except as 
otherwise required or authorized by law.
    (E) Clarification of the Scope of the Select Agent Rule.--Section 
511 of the Antiterrorism and Effective Death Penalty Act of 1996 
(Public Law 104-132) is amended by--
            (i) in subsections (a), (d), (e), inserting--
                    (I) ``and toxins'' after ``agents'' each time it 
                appears; and
                    (II) ``or toxin'' after ``agent'' each time it 
                appears; and
            (ii) in subsection (g)(1), striking ``the term `biological 
        agent' has'' and inserting ``the terms `biological agent' and 
        `toxin' have''.
    (F) Effective Dates.--
            (i) The effective date for paragraph (D) shall be the same 
        as the effective date for the final rule issued pursuant to 
        section 511(d)(1) of the Antiterrorism and Effective Death 
        Penalty Act of 1996 (Public Law 104-132).
            (ii) The effective date for the changes made by paragraph 
        (E) shall be as if they had been included in the enactment of 
        section 511 of the Antiterrorism and Effective Death Penalty 
        Act of 1996 (Public Law 104-132).
    (G) Transitional Exemptions.--
            (i) The prohibition created by section 175(e)(6)(A) of 
        title 18, United States Code, shall not apply to the possession 
        of a select agent in the workplace of an employer (as defined 
in section 175(e)(6)(D)(iv) of title 18, United States Code) by a 
restricted individual as defined in section 178(8)(A), (B), or (G) of 
title 18, United States Code, until the effective date of the 
regulations issued to implement section 175(f) of title 18, United 
States Code, or 270 days after the enactment of this section (section 
3121), whichever comes first.
            (ii) The prohibition created by section 175(e)(6)(A) of 
        title 18, United States Code, shall not apply to the possession 
        of a select agent by a restricted individual as defined in 
        section 178(8)(F) of title 18, United States Code, until the 
        effective date of the regulations issued to implement section 
        175(e)(6)(E) of title 18, United States Code, or 270 days after 
        the enactment of this section (section 3121), whichever comes 
        first.
    (c)(1) Definitional Amendments to 18 U.S.C. 178.--Section 178 of 
title 18, United States Code, is amended by--
            (A) in paragraph (1), striking ``means any microorganism, 
        virus, or infectious substance, or biological product that may 
        be engineered as a result of biotechnology, or any naturally 
        occurring or bioengineered component of any such microorganism, 
        virus, infectious substance, or biological product'' and 
        inserting the following: ``means any microorganism (including, 
        but not limited to, bacteria, viruses, fungi, rickettsiae or 
        protozoa), or infectious substance, or any naturally occurring, 
        bioengineered or synthesized component of any such 
        microorganism or infectious substance'';
            (B) in paragraph (2), striking ``means the toxic material 
        of plants, animals, microorganisms, viruses, fungi, or 
        infectious substances, or a recombinant molecule, whatever its 
        origin or method of production, including'' and inserting the 
        following: ``means the toxic material or product of plants, 
        animals, microorganisms (including, but not limited to, 
        bacteria, viruses, fungi, rickettsiae or protozoa), or 
        infectious substances, or a recombinant or synthesized 
        molecule, whatever their origin and method of production, and 
        includes'';
            (C) in paragraph (4), striking ``recombinant molecule, or 
        biological product that may be engineered as a result of 
        biotechnology'' and inserting ``recombinant or synthesized 
        molecule''; and
            (D)(i) striking the ``and'' at the end of paragraph (4);
            (ii) striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (iii) inserting at the end the following new paragraphs:
            ``(6) the term `select agent' means a biological agent or 
        toxin that is on the list established by the Secretary of 
        Health and Human Services pursuant to section 511(d)(1) of the 
        Antiterrorism and Effective Death Penalty Act of 1996 (Public 
        Law 104-132) (a ``select agent'' defined in 42 CFR 72.6(j) 
        which is not exempted under 42 CFR 72.6(h) or appendix A to 
        part 72); provided, the term does not include any such 
        biological agent or toxin that is in its naturally occurring 
        environment if the biological agent or toxin has not been 
        cultivated, collected or otherwise extracted from its natural 
        source;
            ``(7) the term `registered entity' means a registered 
        facility, or a certified laboratory exempted from registration, 
        pursuant to the regulations promulgated by the Secretary of 
        Health and Human Services under section 511(f) of the 
        Antiterrorism and Effective Death Penalty Act of 1996 (42 CFR 
        72.6(a), 72.6(h));
            ``(8) the term `restricted individual' means an individual 
        who--
                    ``(A) is under indictment for a crime punishable by 
                imprisonment for a term exceeding one year;
                    ``(B) has been convicted in any court of a crime--
                            ``(i) punishable by imprisonment for a term 
                        exceeding one year but not more than five 
                        years; or
                            ``(ii) punishable by imprisonment for a 
                        term exceeding five years;
                    ``(C) is a fugitive from justice;
                    ``(D) is an unlawful user of any controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act (21 U.S.C. 802));
                    ``(E) is an alien illegally or unlawfully in the 
                United States;
                    ``(F) is an alien (other than an alien lawfully 
                admitted for permanent residence) who is a national of 
                a country as to which the Secretary of State, pursuant 
                to section 6(j) of the Export Administration Act, as 
                amended (50 U.S.C. App. 6(j)) (or its successor law), 
                section 620A of chapter 1 of part III of the Foreign 
                Assistance Act of 1961, as amended (22 U.S.C. 2371), or 
                section 40(d) of chapter 3 of the Arms Export Control 
                Act, as amended (22 U.S.C. 2780(d)), has made a 
                determination, which remains in effect, that such 
                country supports international terrorism; or
                    ``(G) has been discharged from the Armed Forces of 
                the United States under dishonorable conditions;
            ``(9) the term `alien' has the same meaning as in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3));
            ``(10) the term `lawfully admitted for permanent residence' 
        has the same meaning as in section 101(a)(20) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(20)); and
            ``(11) the term `designated agency' means--
                    ``(A) except as provided in subparagraphs (B) and 
                (C), the agency designated by the President under 
                subsection (b)(3)(A)(i) of section 3121 of the 21st 
                Century Law Enforcement and Public Safety Act'';
                    ``(B) for purposes of section 175(e)(6)(E) of this 
                title, the agency designated by the President under 
                subsection (b)(3)(A)(ii) of such section 3121; and
                    ``(C) for purposes of section 175(f) of this title, 
                the agency designated by the President under subsection 
                (b)(3)(A)(iii) of such section 3121.''.
    (2) Definitional Amendments to 18 U.S.C. 2332a.--Section 2332a of 
title 18, United States Code, is amended by--
            (A) in subsection (a), striking ``, including any 
        biological agent, toxin, or vector (as those terms are defined 
        in section 178)''; and
            (B) in subparagraph (c)(2)(C), striking ``a disease 
        organism'' and inserting ``any biological agent, toxin, or 
        vector (as those terms are defined in section 178 of this 
        title)''.
    (d) Death Penalty.--Section 175(a) of title 18, United States Code, 
is amended by adding at the end thereof: ``If death results from a 
violation of this subsection, then the individual shall be guilty of an 
aggravated offense and shall be fined under this title or imprisoned 
for life or any term of years, or both, or sentenced to death.''.

SEC. 3122. RAIL AND MASS TRANSPORTATION ANTI-TERRORISM AND VIOLENCE.

    (a) Title.--This section may be cited as the ``Rail and Mass 
Transportation Anti-Terrorism and Violence Prevention Act of 2000''.
    (b) Purpose.--The purpose of this Act is to protect the passengers 
and employees of railroad carriers and mass transportation systems, and 
the movement of freight by railroad, from terrorist attacks and other 
acts of violence.
    (c) Amendments to the ``Wrecking Trains'' Statute.-- Section 1992 
of title 18, United States Code, is amended to read as follows:

``SEC. 1992. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST 
              RAILROAD CARRIERS.

    ``(a) General Prohibitions.-- Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables any train, 
        locomotive, motor unit, or freight or passenger car used, 
        operated, or employed by a railroad carrier;
            ``(2) brings, carries, possesses, places or causes to be 
        placed any biological agent or toxin for use as a weapon, 
        destructive substance, or destructive device in, upon, or near 
        any train, locomotive, motor unit, or freight or passenger car 
        used, operated, or employed by a railroad carrier, without 
        previously obtaining the permission of the carrier, and with 
        intent to endanger the safety of any passenger or employee of 
        the carrier, or with a reckless disregard for the safety of 
        human life;
            ``(3) sets fire to, or places any biological agent or toxin 
        for use as a weapon, destructive substance, or destructive 
        device in, upon or near, or undermines any tunnel, bridge, 
        viaduct, trestle, track, signal, station, depot, warehouse, 
        terminal, or any other way, structure, property, or 
        appurtenance used in the operation of, or in support of the 
        operation of, a railroad carrier, or otherwise makes any such 
        tunnel, bridge, viaduct, trestle, track, station, depot, 
        warehouse, terminal, or any other way, structure, property, or 
        appurtenance unworkable or unusable or hazardous to work or 
        use, without previously obtaining the permission of the 
        carrier, and knowing or having reason to know such activity 
        would likely derail, disable, or wreck a train, locomotive, 
        motor unit, or freight or passenger car used, operated, or 
        employed by a railroad carrier;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of any railroad signal system, including 
        a train control system, centralized dispatching system, or 
        highway-railroad grade crossing warning signal on a railroad 
        line used, operated, or employed by a railroad carrier;
            ``(5) interferes with, disables or incapacitates any 
        dispatcher, locomotive engineer, conductor, or other person 
        while they are employed in dispatching, operating or 
        maintaining a train, locomotive, motor unit, or freight or 
        passenger car used, operated, or employed by a railroad 
        carrier, with intent to endanger the safety of any passenger or 
        employee of the carrier, or with a reckless disregard for the 
        safety of human life;
            ``(6) commits an act, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to an employee or passenger of a railroad carrier or any other 
        person while any of the foregoing are on the property of a 
        railroad carrier;
            ``(7) causes the release of a hazardous material on the 
        property of a railroad carrier, with the intent to endanger the 
        safety of any person, or with a reckless disregard for the 
        safety of human life;
            ``(8) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection; or
            ``(9) attempts, threatens, or conspires to do any of the 
        aforesaid acts;
shall be fined under this title or imprisoned not more than twenty 
years, or both, if such act is committed, or in the case of a threat or 
conspiracy such act would be committed, on, against, or affecting a 
railroad carrier engaged in or affecting interstate or foreign 
commerce, or if in the course of committing such acts, that person 
travels or communicates across a State line in order to commit such 
acts, or transports materials across a State line in aid of the 
commission of such acts.
    ``(b) Aggravated Offenses.--Provided however, if a violation of 
subsection (a) also--
            ``(1) involved a railroad train that carried high level 
        radioactive waste or spent nuclear fuel at the time of the 
        offense, whoever committed that offense shall be fined under 
        this title or imprisoned for not less than thirty years or for 
        life, or both;
            ``(2) involved a railroad train that was carrying 
        passengers at the time of the offense, whoever committed that 
        offense shall be fined under this title or imprisoned for life, 
        or both; and
            ``(3) resulted in the death of any person, whoever 
        committed the offense shall be fined under this title, 
        imprisoned for life, or both, or sentenced to death.
    ``(c) Prohibition Against Propelling Objects.--Whoever willfully or 
recklessly throws, shoots, or propels a rock, stone, brick, or piece of 
iron, steel, or other metal or any deadly or dangerous object, or 
biological agent or toxin for use as a weapon, or destructive 
substance, or destructive device at any locomotive or car of a train, 
knowing or having reason to know such activity would likely cause 
personal injury, shall be fined under this title or imprisoned for not 
more than five years, or both, if such act is committed on or against a 
railroad carrier engaged in or affecting interstate or foreign 
commerce, or if in the course of committing such act, that person 
travels or communicates across a State line in order to commit such 
act, or transports materials across a State line in aid of the 
commission of such act. Whoever is convicted of any crime prohibited by 
this subsection shall also be subject to imprisonment for not more than 
twenty years if the offense has resulted in the death of any person.
    ``(d) Definitions.--In this section--
            ``(1) `biological agent' has the meaning given to that term 
        in section 178(1) of this title;
            ``(2) `dangerous weapon' has the meaning given to that term 
        in section 930 of this title;
            ``(3) `destructive device' has the meaning given to that 
        term in section 921(a)(4) of this title;
            ``(4) `destructive substance' has the meaning given to that 
        term in section 31 of this title, except that (A) the term 
        `radioactive device' does not include any radioactive device or 
        material used solely for medical, industrial, research, or 
        other peaceful purposes, and (B) `destructive substance' 
        includes any radioactive device or material that can be used to 
        cause a harm listed in subsection (a) and that is not in use 
        solely for medical, industrial, research, or other peaceful 
        purposes;
            ``(5) `for use as a weapon' has the meaning given to that 
        term in section 175 of this title;
            ``(6) `hazardous material' has the meaning given to that 
        term in section 5102(2) of title 49, United States Code;
            ``(7) `high-level radioactive waste' has the meaning given 
        to that term in section 10101(12) of title 42, United States 
        Code;
            ``(8) `railroad' has the meaning given to that term in 
        section 20102(1) of title 49, United States Code;
            ``(9) `railroad carrier' has the meaning given to that term 
        in section 20102(2) of title 49, United States Code;
            ``(10) `serious bodily injury' has the meaning given to 
        that term in section 1365 of this title;
            ``(11) `spent nuclear fuel' has the meaning given to that 
        term in section 10101(23) of title 42, United States Code;
            ``(12) `State' has the meaning given to that term in 
        section 2266 of this title; and
            ``(13) `toxin' has the meaning given to that term in 
        section 178(2) of this title.''.
    (d) Conforming Amendment.--In the analysis of chapter 97 of title 
18, United States Code, item ``1992'' is amended to read:

    ``1992. Terrorist attacks and other acts of violence against 
                            railroad carriers.''.
    (e) Terrorist Attacks and Other Acts of Violence Against Mass 
Transportation Systems.--Chapter 97 of title 18, United States Code, is 
amended by adding at the end thereof the following new section:

SEC. 1993. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST MASS 
              TRANSPORTATION SYSTEMS.

    ``(a) General Prohibitions.--Whoever willfully--
            ``(1) wrecks, derails, sets fire to, or disables a mass 
        transportation vehicle or ferry;
            ``(2) places or causes to be placed any biological agent or 
        toxin for use as a weapon, destructive substance, or 
        destructive device in, upon, or near a mass transportation 
        vehicle or ferry, without previously obtaining the permission 
        of the mass transportation provider, and with intent to 
        endanger the safety of any passenger or employee of the mass 
        transportation provider, or with a reckless disregard for the 
        safety of human life;
            ``(3) sets fire to, or places any biological agent or toxin 
        for use as a weapon, destructive substance, or destructive 
        device in, upon, or near any garage, terminal, structure, 
        supply, or facility used in the operation of, or in support of 
        the operation of, a mass transportation vehicle or ferry, 
        without previously obtaining the permission of the mass 
        transportation provider, and knowing or having reason to know 
        such activity would likely derail, disable, or wreck a mass 
        transportation vehicle or ferry used, operated, or employed by 
        the mass transportation provider;
            ``(4) removes appurtenances from, damages, or otherwise 
        impairs the operation of a mass transportation signal system, 
        including a train control system, centralized dispatching 
        system, or rail grade crossing warning signal;
            ``(5) interferes with, disables or incapacitates any 
        dispatcher, driver, captain, or person while they are employed 
        in dispatching, operating, or maintaining a mass transportation 
        vehicle or ferry, with intent to endanger the safety of any 
        passenger or employee of the mass transportation provider, or 
        with a reckless disregard for the safety of human life;
            ``(6) commits an act, including the use of a dangerous 
        weapon, with the intent to cause death or serious bodily injury 
        to an employee or passenger of a mass transportation provider 
        or any other person while any of the foregoing are on the 
        property of a mass transportation provider;
            ``(7) conveys or causes to be conveyed false information, 
        knowing the information to be false, concerning an attempt or 
        alleged attempt being made or to be made, to do any act which 
        would be a crime prohibited by this subsection; or
            ``(8) attempts, threatens, or conspires to do any of the 
        aforesaid acts;
shall be fined under this title or imprisoned not more than twenty 
years, or both, if such act is committed, or in the case of a threat or 
conspiracy such act would be committed, on, against, or affecting a 
mass transportation provider engaged in or affecting interstate or 
foreign commerce, or if in the course of committing such act, that 
person travels or communicates across a State line in order to commit 
such act, or transports materials across a State line in aid of the 
commission of such act. Whoever violates this subsection under the 
following circumstances shall be guilty of an aggravated form of the 
offense: (i) if the mass transportation vehicle or ferry was carrying a 
passenger at the time of the offense, then whoever committed that 
offense shall be fined under this title or imprisoned for a term of 
years or for life, or both; (ii) if the offense has resulted in the 
death of any person, then whoever committed the offense shall be fined 
under this title or imprisoned for life, or both, or sentenced to 
death.
    ``(b) Prohibition Against Propelling Objects.--Whoever willfully or 
recklessly throws, shoots, or propels a rock, stone, brick, or piece of 
iron, steel, or other metal or any deadly or dangerous object, or 
biological agent or toxin for use as a weapon, or destructive 
substance, or destructive device at any mass transportation vehicle or 
ferry, knowing or having reason to know such activity would likely 
cause personal injury, shall be fined under this title or imprisoned 
for not more than five years, or both, if such act is committed on or 
against a mass transportation provider engaged in or affecting 
interstate or foreign commerce, or if in the course of committing such 
acts, that person travels or communicates across a State line in order 
to commit such acts, or transports materials across a State line in aid 
of the commission of such acts. Whoever is convicted of any crime 
prohibited by this subsection shall also be subject to imprisonment for 
not more than twenty years if the offense has resulted in the death of 
any person.
    ``(c) Definitions.--In this section--
            ``(1) `biological agent' has the meaning given to that term 
        in section 178(1) of this title;
            ``(2) `dangerous weapon' has the meaning given to that term 
        in section 930 of this title;
            ``(3) `destructive device' has the meaning given to that 
        term in section 921(a)(4) of this title;
            ``(4) `destructive substance' has the meaning given to that 
        term in section 31 of this title, except that--
                    ``(A) the term `radioactive device' does not 
                include any radioactive device or material used solely 
                for medical, industrial, research, or other peaceful 
                purposes; and
                    ``(B) `destructive substance' includes any 
                radioactive device or material that can be used to 
                cause a harm listed in subsection (a) and that is not 
                in use solely for medical, industrial, research, or 
                other peaceful purposes;
            ``(5) `for use as a weapon' has the meaning given to that 
        term in section 175 of this title;
            ``(6) `mass transportation' has the meaning given to that 
        term in section 5302(a)(7) of title 49, United States Code, 
        except that the term shall include schoolbus, charter, and 
        sightseeing transportation;
            `(7) `serious bodily injury' has the meaning given to that 
        term in section 1365 of this title;
            ``(8) `State' has the meaning given to that term in section 
        2266 of this title; and
            ``(9) `toxin' has the meaning given to that term in section 
        178(2) of this title.''.
    (f) Conforming Amendment.--The analysis of chapter 97 of title 18, 
United States Code, is amended by adding at the end:

    ``1993. Terrorist attacks and other acts of violence against mass 
                            transportation systems.''.

     TITLE IV--PROTECTING AMERICANS AND SUPPORTING VICTIMS OF CRIME

                   Subtitle A--Violence Against Women

SEC. 4001. REAUTHORIZATION OF STOP GRANTS.

    (a) Reauthorization.--Section 1001(a)(18) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is 
amended to read as follows:
            ``(18) There are authorized to be appropriated to carry out 
        part T--
                    ``(A) 220,000,000 for fiscal year 2001;
                    ``(B) such sums as may be necessary for fiscal year 
                2002;
                    ``(C) such sums as may be necessary for fiscal year 
                2003;
                    ``(D) such sums as may be necessary for fiscal year 
                2004; and
                    ``(E) such sums as may be necessary for fiscal year 
                2005.''.
    (b) Purposes for Which Grants May Be Used.--Section 2001(b)(5) of 
Part T of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796gg et seq.) is amended by inserting ``, and 
individuals with disabilities (as defined in section 3 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12102) and other underserved 
populations'' after ``developing or improving delivery of victim 
services to racial, cultural, ethnic, and language minorities''.
    (c) Law Enforcement and Prosecution Grants.--Part T of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg et seq.) is amended--
            (1) in section 2001(b)--
                    (A) by striking ``and'' at the end of subsection 
                (b)(6);
                    (B) by striking the period at the end of subsection 
                (b)(7), and inserting ``; and''; and
                    (C) by inserting after subsection (b)(7) the 
                following:
            ``(8) developing, implementing, or supporting public 
        education campaigns that recognize domestic violence and sexual 
        assault as crimes, so long as the funding of such public 
        education efforts does not detract from the provision of direct 
        services to victims of violent crimes against women.'';
            (2) in section 2002(b)--
                    (A) in paragraph (1), by striking ``4 percent'' and 
                by inserting ``5 percent'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) 2 percent may be used for grants for State coalitions 
        as defined in section 2003(7), with the coalition for each 
        State, the coalition for the District of Columbia, the 
        coalition for the Commonwealth of Puerto Rico, and the 
        coalition for the combined Territories of the United States 
        each receiving an amount equal to \1/53\ of the total amount 
        made available under this paragraph for each fiscal year;'';
            (3) in section 2003--
                    (A) in paragraph (7), by striking ``physical'';
                    (B) by redesignating paragraphs (6), (7) and (8) as 
                paragraphs (8), (9) and (10); and
                    (C) by inserting after paragraph (5) the following:
            ``(6) the term `court' means a public agency having civil 
        or criminal jurisdiction to make adjudications, including such 
        agency's component bureaus (such as court intake programs for 
        domestic violence victims);
            ``(7) for purposes of this section, the term ``State 
        domestic violence coalition'' means a State domestic violence 
        coalition as determined by the Secretary of Health and Human 
        Services under the Family Violence Prevention and Services Act 
        (42 U.S.C. 10410 et seq.) and the term `State sexual assault 
        coalition' means a State sexual assault coalition as determined 
        by the Secretary of Health and Human Services under the Public 
        Health Service Act;''.
    (d) Reallotment of Funds.--Section 2002(e) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(e)) is amended 
by adding at the end the following:
            ``(3) Reallotment of funds.--If, at the end of the 2 year 
        project period, any amount set aside for law enforcement, 
        prosecution, and courts remains unobligated, the unobligated 
        amount shall be reallocated by a State to support nonprofit, 
        nongovernmental victim services projects without regard to 
        subsection (c)(3) of this section.''.
    (e) Definitions.--Section 2003(8) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2) is amended--
            (1) in paragraph (1) by inserting ``by a person with whom 
        the victim has engaged in a social relationship of a romantic 
        or intimate nature'' after ``child in common,''; and
            (2) in paragraph (3) by striking ``assisting domestic 
        violence or sexual assault victims through the legal process'' 
        and inserting ``providing assistance for victims seeking legal, 
        economic, health care or social services, except that the term 
        does not include any program or activity that is targeted 
        primarily for offenders''.

SEC. 4002. ROLE OF THE COURTS.

    (a) Courts as Eligible Stop Subgrantees.--Part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
seq.) is amended--
            (1) in section 2001--
                    (A) in subsection (a)--
                            (i) by inserting ``State and local 
                        courts,'' after ``States,'';
                            (ii) by inserting ``tribal courts,'' after 
                        ``Indian tribal governments,''.
                    (B) in subsection (b)--
                            (i) in each of paragraphs (1) and (2), by 
                        inserting ``, judges and other court 
                        personnel,'' after ``law enforcement 
                        officers''; and
                            (ii) in paragraph (3), by inserting ``, 
                        court,'' after ``police''; and (2) in section 
                        2002--
                    (A) in subsection (a), by inserting ``State and 
                local courts,'' after ``States,'' the second place it 
                appears;
                    (B) in subsection (c), by amending paragraph (3) to 
                read as follows:
            ``(3) of the amount granted--
                    ``(A) not less than 25 percent each shall be 
                allocated to police and prosecutors;
                    ``(B) not less than 30 percent shall be allocated 
                to victim services; and
                    ``(C) not less than 10 percent shall be allocated 
                for State and local courts;''; and
                    (C) in subsection (d)(1), by inserting ``court,'' 
                after ``law enforcement,''.
    (b) Reauthorization of State Justice Institute Grants.--Chapter 1 
of subtitle D of the Violence Against Women Act of 1994 (42 U.S.C. 
13991 et seq.) is amended--
            (1) in section 40412--
                    (A) in paragraph (6), by inserting ``stereotyping 
                of individuals with disabilities (as defined in section 
                3 of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12102)) who are victims of rape, sexual assault, 
                abuse, or domestic violence,'' before ``racial 
                stereotyping'';
                    (B) in paragraph (13), by inserting ``or among 
                individuals with disabilities (as defined in section 3 
                of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12102)),'' after ``socioeconomic groups,'';
                    (C) in paragraph (18), by striking ``and'' at the 
                end;
                    (D) in paragraph (19), by striking the period at 
                the end and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(20) domestic violence and child abuse in custody 
        determinations and stereotypes regarding the fitness of 
        individuals with disabilities (as defined in section 3 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) to 
        retain custody of children in domestic violence cases;
            ``(21) promising practices in the vertical management of 
        domestic violence offender cases; and
            ``(22) issues relating to violence against and abuse of 
        individuals with disabilities (as defined in section 3 of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), 
        including the nature of physical, mental, and communications 
        disabilities, the special vulnerability to violence of 
        individuals with disabilities, and the types of violence and 
        abuse experienced by individuals with disabilities.''; and
            (2) in section 40414, by amending subsection (a) to read as 
        follows:
    ``(a) In General.--There are authorized to be appropriated to carry 
out this chapter--
            ``(1) $700,000 for fiscal year 2001; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2002 through 2005.''.
    (c) Federal Judicial Personnel.--In carrying out section 620(b)(3) 
of title 28, United States Code, the Federal Judicial Center, shall 
include in its educational and training programs, including the 
training programs for newly appointed judges, information on the topics 
listed in section 40412 of the Equal Justice for Women in the Courts 
Act of 1994 (42 U.S.C. 13992) that pertain to issues within the 
jurisdiction of the Federal courts, and shall prepare materials 
necessary to implement this section and the amendments made by this 
section.

SEC. 4003. GRANTS TO ENCOURAGE ARREST POLICIES.

    (a) Reauthorization.--Section 1001(a)(19) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 
amended to read as follows:
            ``(19) There are authorized to be appropriated to carry out 
        part U--
                    ``(A) $34,000,000 for fiscal year 2001; and
                    ``(B) such sums as may be necessary for each of 
                fiscal years 2002 through 2005.
    (b) Grants.--Section 2101 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
            (1) by inserting after subsection (b)(6) the following:
            ``(7) To develop, implement, or support public education 
        campaigns that recognize domestic violence and sexual assault 
        as crimes, so long as the funding of such public education 
        efforts does not detract from the provision of direct services 
        to victims.'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
    ``(c) Amounts.--Of the amounts appropriated under this section at 
least 5 percent shall be used for grants to programs that serve Indian 
women who are victims of domestic violence, stalking, or sexual assault 
in Indian country or Alaskan Native villages.''.

SEC. 4004. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
              ENFORCEMENT GRANTS.

    (a) Reauthorization.--Section 40295(c)(1) of the Violence Against 
Women Act of 1994 (42 U.S.C. 13971(c)(1)) is amended to read as 
follows:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $25,000,000 for fiscal year 2001 and;
                    ``(B) such sums as may be necessary for each of 
                fiscal years 2002 through 2005.''.
    (b) Amounts.--Section 40295 of the Violence Against Women Act of 
1994 (42 U.S.C. 13971) is amended by adding at the end the following:
    ``(d) Allotment for Indian Tribes.--At least 5 percent of the total 
amount made available to carry out this section for each fiscal year 
shall be available for grants to Indian tribal governments.''.

SEC. 4005. EDUCATIONAL INSTITUTIONS AND VIOLENCE AGAINST WOMEN.

    (a) Grants to Reduce Violent Crimes Against Women on Campus.--Part 
E of title VIII of the Higher Education Amendments of 1998 ( 20 U.S.C. 
1152 and note) is amended--
            (1) in section 826(f)--
                    (A) in paragraph (1), by inserting ``, by a person 
                who is or has been in a continuing social relationship 
                of a romantic or intimate nature with the victim,'' 
                after ``by a person who is cohabiting with or has 
                cohabitated with the victim,'';
                    (B) in paragraph (2), by striking ``and at the end;
                    (C) in paragraph (3), by
                            (i) striking ``nonprofit, nongovernmental 
                        organization'' and inserting ``private, 
                        nonprofit organization or a public nonprofit 
                        organization acting in a nongovernmental 
                        capacity, such as a victim services 
                        organization at a public institution of higher 
                        education'' after ``acting in a nongovernmental 
                        capacity''; and
                            (ii) by striking the period at the end and 
                        inserting ``;''; and
                    (D) by adding at the end the following:
            ``(4) the terms `campus domestic violence', `campus 
        stalking', and `campus sexual assault' mean acts of domestic 
        violence, stalking, or sexual assault occurring at institutions 
        of higher education and acts of domestic violence, stalking, or 
        sexual assault committed against or by students, faculty, or 
        employees of such institutions or other members of the campus 
        community.''; and
            (2) in section 827(d), by--
                    (A) inserting ``, faculty, or'' after ``students''; 
                and
                    (B) inserting ``or other members of the campus 
                community'' after ``employees of such institutions''.
    (b) Reauthorization.--Section 826(g) of title VIII of the Higher 
Education Amendments of 1998 ( 20 U.S.C. 1152 (g)) is amended to read 
as follows:
    ``(g) For the purpose of carrying out this part, there are 
authorized to be appropriated such sums as may be necessary for fiscal 
years 2001 through 2005.''.

SEC. 4006. TEN PERCENT SET-ASIDE OF VAWA GRANT FUNDS FOR TRAINING AND 
              TECHNICAL ASSISTANCE.

    The Violence Against Women Act of 1994 is amended by inserting 
after Section 40001 the following new section:

``SEC. 4002. RESERVATION OF FUNDS FOR TRAINING AND TECHNICAL 
              ASSISTANCE.

    ``With respect to each grant program enacted by this title that is 
administered by the Attorney General, and with respect to the program 
of Grants to Combat Violent Crimes Against Women on Campuses, enacted 
by section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 
1152, the Attorney General may reserve an amount not to exceed ten 
percent of funds appropriated in each fiscal year to provide training 
and technical assistance for use in combating violence against 
women.''.

SEC. 4007. PROTECTION FOR VICTIMS OF TRAFFICKING.

    Section 1. Short Title and Table of Contents.--(a) Short Title.--
This Act may be cited as the ``Comprehensive Anti-Trafficking in 
Persons Act of 2000''.
    (b) Table of Contents.-- The table of contents for this Act is as 
follows:

Sec. 1. Short Title; Table of Contents.
Sec. 2. Purposes and Findings.
Sec. 3. Definitions.
Sec. 4. Mechanisms to Evaluate Progress in Combating Trafficking.
Sec. 5. Prevention of Trafficking.
Sec. 6. Protection and Assistance for Trafficking Victims.
Sec. 7. Humanitarian/Material Witness Visa.
Sec. 8. Strengthening Prosecution and Punishment of Traffickers.
Sec. 9. Monitoring International Progress to Eradicate Trafficking in 
                            Persons.
Sec. 10. Authorization of Appropriations.
    Sec. 2. Purposes and Findings.--(a) Purposes.--The purposes of this 
Act are: to combat the evil of trafficking in persons (especially women 
and children)--a contemporary manifestation of slavery--in all of its 
coercive forms, both domestically and internationally, through 
prevention, prosecution of and enforcement against traffickers; and to 
protect and assist victims of this fundamental violation of human 
rights.
    (b) Findings.--The Congress finds that:
            (1) Trafficking of persons, predominantly women and 
        children, is an insidious and growing global transnational 
        crime and human rights problem which manifests itself in forms 
        of modern-day slavery.
            (2) Trafficking schemes generally involve traffickers 
        facilitating the victims' movement from their home communities 
        to an unfamiliar destination, away from family and friends, 
        religious institutions and other sources of protection and 
        support, making the victims more vulnerable.
            (3) Trafficking victims may suffer physical abuse and 
        threats, including rape and other forms of sexual abuse, 
        torture, starvation, imprisonment, physical brutality, and 
        death, and they may encounter mental and psychological abuse 
        and coercion.
            (4) Women and children trafficked into the sex industry are 
        exposed to deadly diseases, including HIV and AIDS.
            (5) Trafficking is perpetrated increasingly by organized 
        and sophisticated criminal enterprises. Worldwide, it is viewed 
        as the fastest growing source of profits for organized criminal 
        enterprises and the third largest overall (behind only drugs 
        and firearms). Increasingly, profits from trafficking in 
        persons are laundered and underpin the growth and strengthening 
        of organized criminal activity throughout the world, including 
        the United States. Often aided by official corruption, this 
        activity threatens the rule of law.
            (6) It is estimated that over one million persons, 
        primarily women and children, are trafficked around the world 
        each year. Approximately 50,000 of these women and children are 
        trafficked into the United States each year. Trafficking also 
        occurs within countries, including the United States.
            (7) Trafficking contributes to the further destabilization 
        of economically depressed or impoverished communities. It is in 
        those areas that traffickers regularly purchase and remove 
        young women and girls from their homes, combing villages for 
        children to harvest for the sex industry and slave labor. In 
        some countries trafficking is a major part of the underground 
        economy. These activities add to the instability of already 
        fragile regions.
            (8) Trafficking victims are moved, bought, and sold as just 
        another commodity in interstate and foreign commerce. The 
        lifeblood of the traffickers' trade is their ``inventory'' of 
        human beings. Trafficking negatively affects interstate and 
        foreign commerce, thwarting the free flow of resources and the 
        liberty and labor of persons in the stream of commerce.
            (9) Trafficking networks primarily target women and 
        children who have been marginalized through poverty, poor 
        education or lack of access to education, chronic unemployment, 
        discrimination, and the lack of viable economic opportunities 
        at home. Traffickers exploit these conditions of economic and 
        social deprivation to ensnare their victims. Traffickers lure 
        women and girls into their networks through false promises of 
        good working conditions at relatively high pay as nannies, 
        maids, dancers, factory workers, restaurant workers, sales 
        clerks, or models. Traffickers also exploit the poverty of 
        families by buying daughters and selling them to brothels, into 
        domestic servitude, or into many types of bonded labor.
            (10) Victims may be forced to perform labor or services--
        including but not limited to prostitution and sexual servitude, 
        domestic servitude, bonded sweatshop labor, or other work or 
        services--which are obtained or maintained by the existence of 
        force, threats of force, or legal coercion, or through the use 
        of mental or psychological coercion.
            (11) It is the intent of Congress that proof of involuntary 
        servitude or peonage, as it is used in prosecutions under 18 
        United States Code sections 241, 1581, 1583, 1584, and newly-
        created section 1589, not be limited to labor or services 
        compelled by the use, or threatened use, of force or legal 
        coercion. Rather, violations of these sections may also be 
        established by proof that the labor or service of a person was 
        obtained or maintained through representations to the victim 
        that physical harm may occur to him or her, or to another, 
        which were made in an effort to wrongfully obtain or maintain 
        the labor or services of the victim. In such situations, a 
        victim of trafficking or involuntary servitude may be warned 
        that a dire fate may befall him or her--including violence, 
        rape, starvation, destitution, or another form of physical 
        harm--should he or she attempt to leave the condition of 
        involuntary servitude. While such representations may not 
        constitute specific threats of harm by the defendant or by any 
        specific individual acting at the behest of the defendant, they 
        may nonetheless have an equally coercive effect on the victim: 
        forcing the victim to enter or remain in a condition of peonage 
        or involuntary servitude. Violations of 18 United States Code 
        sections 241, 1581, 1583, 1584, and newly-created section 1589 
        may also be created by the use of fraud, deceit, or 
        misrepresentation toward any person in an effort to wrongfully 
        obtain or maintain the labor or services of that person, where 
        the person is a minor, an immigrant, one who is mentally 
        disabled, or one who is otherwise particularly susceptible to 
        coercion.
            (12) Sentencing guidelines for criminal violations of newly 
        enacted or amended trafficking statutes should reflect the 
        seriousness of the crimes covered by these statutes, such as 
        involuntary servitude, slave trade offenses, peonage, 
        transportation for coerced or illegal sexual activities, and 
        immigration laws.
            (13) With regard to the enactment of section 1589 of title 
        18, United States Code, Congress finds that trafficking in 
        persons substantially affects interstate and foreign commerce. 
        Trafficking for such purposes as involuntary servitude, 
        peonage, or criminally exploitative labor has an impact on the 
        nationwide employment network and labor market. Within the 
        context of slavery, coerced labor or services, trafficking 
        victims may be subjected to a range of violations that include 
        dangerous work and living environments, isolation and 
        restriction of movement, and denial of pay. It is, therefore, 
        an appropriate exercise of the legislative power to eradicate 
        the substantial burdens on commerce that result from these 
        activities and to prevent the channels of commerce from being 
        used for an immoral and injurious purpose. The purpose of this 
        statute is also to prohibit the shipment of goods in interstate 
        and foreign commerce which are produced under conditions of 
        slavery and coercion. Such commerce is detrimental to the free 
        flow of goods and services and to trafficked victim's health 
        and safety. This statute attempts to eradicate the evils 
        attendant to criminally coerced labor and services, including 
        compelling persons to work as prostitutes or in other illegal 
        activities, that have a substantial negative effect on the 
        operations of interstate and foreign commerce.
            (14) Trafficking is condemned by the United States and the 
        international community and, at its core, represents a 
        violation of fundamental human rights.
    Sec. 3. Definitions.--(a) For the purposes of this Act (other than 
section 8) and except as provided in subsection (b)--
            (1) The term ``trafficking'' means recruiting or abducting, 
        facilitating, transferring, harboring or transporting a person, 
        by the threat or use of force, coercion, fraud or deception, or 
        by the purchase, sale, trade, transfer or receipt of a person, 
        for the purpose of subjecting that person to involuntary 
        servitude, peonage, slavery, slavery-like practices, forced or 
        bonded labor or services, or other criminal exploitation of 
        workers.
            (2) The term ``victim of trafficking'' generally means any 
        person subjected to the actions set forth in paragraph (1).
    (b) The definition of ``trafficking'' set forth in subsection (a) 
may be modified by the Secretary of State and the Attorney General to 
make it consistent with the definition of trafficking in persons or any 
other substantially similar term in any international treaty or 
convention to which the United States is a party, subsequent to the 
date of enactment of this Act, provided that any such modifications are 
consistent with the purposes of this Act.
    Sec. 4. Mechanisms To Evaluate Progress in Combating Trafficking.--
(a) International.--In order to maximize the effectiveness of the 
United States' anti-trafficking programs, the Secretary of State, to 
the extent that resources permit, should establish mechanisms to 
measure and evaluate global progress in reducing trafficking. These 
mechanisms should set goals and permit evaluation of progress on--
            (1) prevention, including economic and public awareness 
        components;
            (2) protection and assistance for victims of trafficking; 
        and
            (3) prosecution of and enforcement against traffickers, 
        including the role of public corruption in facilitating 
        trafficking.
    (b) Domestic.--In order to maximize the effectiveness of United 
States anti-trafficking programs, the Secretaries of Health and Human 
Services and Labor and the Attorney General should, to the extent that 
resources permit, establish mechanisms for their respective Departments 
that set goals and permit measurement and evaluation of United States 
progress concerning protection and assistance for trafficking victims.
    Sec. 5. Prevention of Trafficking.--(a) Economic Alternatives To 
Prevent and Deter Trafficking.--
            (1) To assist the United States in advancing its 
        international prevention goals established under section 4, by 
        enhancing economic opportunity and alternatives for potential 
        victims of trafficking, the President should promote--
                    (A) economic alternatives and opportunities for 
                women, including micro-credit, training in business 
                development, skills training, and job counseling;
                    (B) programs that promote women's participation in 
                economic decision-making;
                    (C) programs to keep children, especially girls, in 
                elementary and secondary schools;
                    (D) development of educational curricula about the 
                dangers of trafficking; and
                    (E) grants to non-governmental organizations to 
                accelerate the empowerment of women in local and 
                regional, political, economic, social, and educational 
                roles in their countries.
            (2) The Administrator of the U.S. Agency for International 
        Development should include in existing reports to Congress 
        information about the Agency's programs for increasing economic 
        alternatives and education for those at risk of trafficking and 
        the Agency's efforts to reduce trafficking, consistent with the 
        goals established under subsection (a) of this section.
            (3) Non-governmental organizations should be consulted in 
        the development of programs undertaken pursuant to this 
        subsection.
    (b) Public Awareness and Information.--
            (1) The Secretaries of State, Health and Human Services, 
        and Labor, the Attorney General, and other appropriate agencies 
        should, to the extent resources permit and in a manner 
        consistent with authority that is otherwise available, 
        establish or expand initiatives and programs, domestic and 
        international, to increase the public's understanding--
        particularly targeted to potential victims--of the dangers of 
        trafficking and the protections that are available for victims 
        of trafficking. These initiatives and programs should include 
        projects that address demands that may contribute to growth in 
        trafficking.
            (2) Non-governmental Organizations.--In implementing 
        paragraph (1) of this subsection, the Secretaries of State, 
        Health and Human Services, and Labor and the Attorney General 
        should consult with non-governmental organizations.
            (3) To carry out the purposes of this subsection, there are 
        authorized to be appropriated to the Secretaries of State, 
        Health and Human Services, and Labor, and the Attorney General 
        such sums as may be necessary.
    (c) Improving Understanding of Trafficking.--
            (1) The President should establish or expand interagency 
        procedures to collect and organize data, including significant 
        research and resource information on domestic and international 
        trafficking in persons (especially women and children).
            (2) Any data collection procedures established under this 
        subsection shall respect the confidentiality of victims of 
        trafficking.
    Sec. 6. Protection and Assistance for Victims of Trafficking.--(a) 
Victims in Other Countries.--The Secretary of State and the 
Administrator of the U.S. Agency for International Development, are 
authorized to establish programs and initiatives abroad to assist 
victims of trafficking and their children, including mental and 
physical health services, shelter, legal assistance, and safe 
reintegration efforts. In carrying out this subsection, the Secretary 
and the Administrator should consult with the Attorney General, non-
governmental organizations, and other experts on trafficking, seek to 
enhance cooperative efforts with the countries of origin of victims of 
trafficking to facilitate protections for victims of trafficking who 
are reintegrated into their countries of origin, and assist in the 
appropriate reintegration of stateless victims of trafficking.
    (b) Victims in the United States.--
            (1) Notwithstanding title IV of the Personal Responsibility 
        and Work Opportunity Reconciliation Act of 1996, the Attorney 
        General, the Secretaries of Health and Human Services and 
        Labor, and the Board of Directors of the Legal Services 
        Corporation are authorized to provide assistance to victims of 
        trafficking, without regard to the immigration status of such 
        victims. This assistance may include physical and mental health 
        services, social and legal services, or any other related 
        programs or services.
            (2) Notwithstanding any other provision of law, victims of 
        trafficking in the United States are eligible, without regard 
        to their immigration status, for any benefits that are 
        otherwise available under the Crime Victims Fund, established 
        under the Victims of Crime Act of 1984, including victims' 
        services, compensation, and assistance.
            (3) The Attorney General may make grants to States, 
        territories, and possessions of the United States (including 
        the Commonwealths of Puerto Rico and the Northern Mariana 
        Islands), Indian tribes, units of local government, or non-
        profit, non-governmental victims' service organizations to 
        develop, expand, or strengthen victim service programs for 
        victims of trafficking.
                    (A) To receive a grant under paragraph (3) of this 
                subsection, an eligible government or organization 
                shall certify that its laws, policies, and practices, 
                as appropriate, do not punish or deny services to 
                victims of trafficking on account of the nature of 
                their employment or services performed in connection 
                with their having been trafficked, including but not 
                limited to prostitution.
                    (B) Of amounts made available for grants under 
                paragraph (3) of this subsection, there shall be set 
                aside: three percent for research, evaluation and 
                statistics; two percent for training and technical 
                assistance; and one percent for management and 
                administration.
                    (C) The Federal share of a grant made under 
                paragraph (3) may not exceed 75 percent of the total 
                costs of the projects described in the application 
                submitted.
                    (D) For purposes of this paragraph, ``victim of 
                trafficking'' has the meaning set forth in section 3(a) 
                of this Act.
            (4) An individual who is a victim of a violation of section 
        1589 of title 18, United States Code, regarding trafficking and 
        criminal exploitation of workers may bring a civil action in 
        United States district court. The court may award actual 
        damages, punitive damages, reasonable attorneys' fees, and 
        other litigation costs reasonably incurred.
            (5) While in the custody or control of the Federal 
        government, a victim of trafficking should, to the extent 
        practicable--
                    (A) be housed in appropriate shelter as quickly as 
                possible;
                    (B) receive prompt medical care, food, and other 
                assistance; and
                    (C) be provided protection if a victim's safety is 
                at risk or if there is danger of additional harm by 
                recapture of the victim by a trafficker.
            (6) No claim against the United States is created by 
        paragraph (5) of this subsection.
            (7) If Federal law enforcement operations or investigations 
        reveal reasonable indicia of the offenses set out in this Act, 
        in chapters 77 and 117 of title 18 U.S. Code, or situations of 
        abuse or severe exploitation of a foreign national, a prompt 
        assessment should be made as to whether the individual may be a 
        victim of, or a material witness to, trafficking, peonage, or 
        involuntary servitude, or a criminally exploitative labor 
        condition. When it is concluded that such person is in fact a 
        trafficking victim or witness, law enforcement personnel should 
        act, to the extent permitted and in a manner that is consistent 
        with existing law and the purposes of this Act, to ensure the 
        alien victim's continued presence in the United States in order 
        to effectuate prosecution of those responsible and to further 
        the humanitarian interests of the United States.
    (c) Specialized Trafficking Training for Enforcement Officials.--
The Secretary of State and the Attorney General may initiate or expand 
training of appropriate personnel of the Department of State and the 
Department of Justice, respectively, in identifying victims of 
trafficking and providing for the protection of such victims. The 
Secretary and the Attorney General may apply funds to the extent 
resources permit for the purposes of this subsection. Training under 
this subsection should include, but not be limited to, methods for 
achieving anti-trafficking objectives through the nondiscriminatory 
application of immigration and other related laws.
    Sec. 7. Humanitarian/material Witness Nonimmigrant Visa.--(a) 
Purpose.--The purpose of this section is to create a new nonimmigrant 
visa classification that will strengthen the ability of law enforcement 
agencies to detect, investigate, and prosecute cases of trafficking of 
persons, while offering protection to victims of such offenses in 
keeping with the humanitarian interests of the United States. Creating 
a new nonimmigrant visa classification will facilitate the reporting of 
violations to law enforcement officials by trafficked and exploited 
persons who are not in a lawful immigration status. It also gives law 
enforcement officials a means to regularize the status of cooperating 
individuals during investigations, prosecutions, and civil law 
enforcement proceedings. By providing temporary legal status to those 
who have been severely victimized by trafficking or similar egregious 
offenses, it also reflects the humanitarian interests of the United 
States. Finally, this section gives the Attorney General discretion to 
convert nonimmigrants to permanent status when it is justified on 
humanitarian grounds or is otherwise in the national interest.
    (b) Establishment of a New Nonimmigrant Classification.--Section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
Sec. 1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (R);
            (2) by striking the period at the end of subparagraph (S) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(T) subject to section 214(n), an alien (and the 
                spouse, children, and parents of the alien if 
                accompanying or following to join the alien) who the 
                Attorney General determines--
                            ``(i) possesses material information 
                        concerning criminal or other unlawful activity;
                            ``(ii) is willing to supply or has supplied 
                        such information to Federal or State law 
                        enforcement officials;
                            ``(iii) would be helpful, were the alien to 
                        remain in the United States, to a properly 
                        authorized Federal or State investigation or 
                        prosecution of the criminal or other unlawful 
                        activity; and
                            ``(iv) has suffered significant physical or 
                        mental abuse as a result of the criminal or 
                        other unlawful activity.''.
    (c) Numerical Limitations; Period of Admissions.--Section 214 of 
the Immigration and Nationality Act (8 U.S.C. Sec. 1184) is amended 
by--
            (1) redesignating subsection (l) (regarding foreign 
        students) as subsection (m); and
            (2) adding at the end the following new subsection:
    ``(m)(1) The number of aliens who may be provided a visa or 
otherwise be provided status under section 101(a)(15)(T) in any fiscal 
year may not exceed 1,000.
    ``(2) No alien may be admitted into the United States as such a 
nonimmigrant more than five years after the date of enactment of this 
section.
    ``(3) The period of admission of an alien as such a nonimmigrant 
may not exceed three years. Such period may not be extended by the 
Attorney General.
    ``(4) As a condition for admission, and continued stay in lawful 
status of such a nonimmigrant, the nonimmigrant--
            ``(A) may not be convicted of any criminal offense 
        punishable by a term of imprisonment of one year or more after 
        the date of such admission;
            ``(B) must have executed a form that waives the 
        nonimmigrant's right to contest, other than on the basis of an 
        application for withholding of deportation or removal, any 
        action for deportation of the alien instituted before the alien 
        obtains lawful permanent resident status; and
            ``(C) shall abide by any other condition, limitation, or 
        restriction imposed by the Attorney General.''.
    (d) Prohibition of Change of Status.--Section 248(l) of the 
Immigration and Nationality Act (8 U.S.C. Sec. 1258(l)) is amended by 
striking ``or (S)'' and inserting ``(S) or (T)'' in lieu thereof.
    (e) Adjustment to Permanent Resident Status.--Section 245 of the 
Immigration and Nationality Act (8 U.S.C. Sec. 1255) is amended by 
adding at the end thereof the following new subsection:
    ``(l)(1) The Attorney General may adjust the status of an alien 
admitted into the United States under section 101(a)(15)(T) (and the 
spouse, children, and parents of the alien if admitted under that 
section) to that of an alien admitted for lawful permanent residence 
if: in the opinion of the Attorney General, the alien's continued 
presence in the United States is justified on humanitarian grounds or 
is otherwise in the national interest; and the alien is not described 
in section 212(a)(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), or 
3(E).
    ``(2) Upon the approval of adjustment of status under paragraph 
(1), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval, and the Secretary 
of State shall reduce by one the number of visas authorized to be 
issued under sections 201(d) and 203(b)(4) for the fiscal year then 
current.''.
    (f) Exclusive Means of Adjustment.--Section 245(c)(5) of the 
Immigration and Nationality Act (8 U.S.C. Sec. 1255(c)(5)) is amended 
by striking ``section 105(a)(15)(S);'' and inserting ``section 
105(a)(15)(S) or (T);'' in lieu thereof.
    Sec. 8. Strengthening Prosecution and Punishment of Traffickers.--
(a) Criminal Provisions.--Chapter 77 of title 18, United States Code, 
is amended, as follows:
            (1) In section 1581 by deleting at the end of subsection 
        (a) ``shall be fined under this title or imprisoned not more 
        than 10 years, or both'' and inserting in lieu thereof ``shall 
        be fined under this title or imprisoned not more than 20 years, 
        or both; and if, in addition to the foregoing elements, death 
        results from an act committed in violation of this section, or 
        if such act includes kidnaping or an attempt to kidnap, 
        aggravated sexual abuse or the attempt to commit aggravated 
        sexual abuse, or an attempt to kill, shall be fined under this 
        title or imprisoned for any term of years or life, or both.'';
            (2) In section 1583 by deleting ``shall be fined under this 
        title or imprisoned not more than ten years, or both'' and 
        inserting in lieu thereof ``shall be fined under this title or 
        imprisoned not more than 20 years, or both; and if, in addition 
        to the foregoing elements, death results from an act committed 
        in violation of this section, or if such act includes kidnaping 
        or an attempt to kidnap, aggravated sexual abuse or the attempt 
        to commit aggravated sexual abuse, or an attempt to kill, shall 
        be fined under this title or imprisoned for any term of years 
        or life, or both.'';
            (3) In section 1584 by deleting ``shall be fined under this 
        title or imprisoned not more than ten years, or both'' and 
        inserting in lieu thereof ``shall be fined under this title or 
        imprisoned not more than 20 years, or both; and if in addition 
        to the foregoing elements, death results from an act committed 
        in violation of this section, or if such act includes kidnaping 
        or an attempt to kidnap, aggravated sexual abuse or the attempt 
        to commit aggravated sexual abuse, or an attempt to kill, shall 
        be fined under this title or imprisoned for any term of years 
        or life, or both.'';
            (4) By adding at the end thereof the following four new 
        sections:
``Sec. 1589. Trafficking and criminal exploitation of workers
    ``(a) Whoever--
            ``(1) recruits, harbors, provides, transports, employs, 
        purchases, sells or secures, by any means, any person, knowing 
        or having reason to know that person is or will be subjected to 
        involuntary servitude or peonage or to unlawfully exploitative 
        labor conditions as described in subsection (b) of this 
        section, shall be fined under this title or imprisoned not more 
        than 20 years, or both; and if, in addition to the foregoing 
        elements, death results from an act committed in violation of 
        this section, or if such act includes kidnaping or an attempt 
        to kidnap, aggravated sexual abuse or the attempt to commit 
        aggravated sexual abuse, or an attempt to kill, shall be fined 
        under this title or imprisoned for any term of years or life, 
        or both.''; or
            ``(2) in any way, financially or otherwise, knowingly 
        benefits from, or makes use of, the labor or services of a 
        person held to a condition of involuntary servitude or peonage, 
        shall be fined under this title or imprisoned not more than 10 
        years, or both.
    ``(b) As used in this section, `unlawfully exploitative labor 
conditions' means that the labor or services of a person, which are in 
or affecting interstate commerce or foreign commerce, are obtained or 
maintained through any scheme or artifice to defraud, or by means of 
any plan or pattern, including but not limited to false and fraudulent 
pretenses and misrepresentations, such that the person reasonably 
believes that he has no viable alternative but to perform the labor or 
services.
    ``(c) This section does not apply to labor performed as a 
punishment for a crime whereof the party shall have been duly 
convicted.
    ``(d) Criminal Forfeiture.--
            ``(1) The court, in imposing sentence on any person 
        convicted of a violation of this section, shall order, in 
        addition to any other sentence imposed and irrespective of any 
        provision of State law, that such person forfeit to the United 
        States--
                    ``(A) such person's interest in any property, real 
                or personal, that was used or intended to be used to 
                commit or to facilitate the commission of such 
                violation; and
                    ``(B) any property, real or personal, constituting 
                or derived from, any proceeds that such person 
                obtained, directly or indirectly, as a result of such 
                violation.
            ``(2) The criminal forfeiture of property under this 
        subsection, any seizure and disposition thereof, and any 
        administrative or judicial proceeding in relation thereto, 
        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 subsection (d) of that section.
    ``(e) Civil Forfeiture.--(1) The following shall be subject to 
forfeiture to the United States and no property right shall exist in 
them--
            ``(A) any property, real or personal, used or intended to 
        be used to commit or to facilitate the commission of any 
        violation of this section; and
            ``(B) any property, real or personal, which constitutes or 
        is derived from proceeds traceable to any violation of this 
        section.
    ``(2) The provisions of chapter 46 of this title relating to civil 
forfeitures shall extend to any seizure or civil forfeiture under this 
subsection.
``Sec. 1590. Unlawful possession of documents in furtherance of 
              trafficking, criminal worker exploitation, involuntary 
              servitude, or peonage
    ``(a) Whoever destroys, conceals, removes, confiscates or possesses 
any identification, passport or other immigration documents, or any 
other documentation of another person--
            ``(1) in the course of, or under circumstances which 
        facilitate--
                    ``(A) a violation of section 1581, 1583, 1584, or 
                1589 or a conspiracy or attempt to commit such a 
                violation;
                    ``(B) the unlawful entry or attempted unlawful 
                entry of the person into the United States;
            ``(2) to prevent or restrict, without lawful authority, the 
        person's liberty to move or travel in interstate or foreign 
        commerce; or
            ``(3) to conceal or impair the investigation or prosecution 
        of a violation of Federal criminal law, shall be fined under 
        this title or imprisoned for not more than five years, or both.
``Sec. 1591. Mandatory restitution
    ``(a) In General.--Notwithstanding sections 3663 or 3663A, and in 
addition to any other civil or criminal penalties authorized by law, 
the court shall order restitution for any offense under this chapter.
    ``(b) Scope and Nature of Order.--
            ``(1) The order of restitution under this section shall 
        direct the defendant to pay the victim (through the appropriate 
        court mechanism) the full amount of the victim's losses, as 
        determined by the court under paragraph (3) of this subsection.
            ``(2) An order of restitution under this section shall be 
        issued and enforced in accordance with section 3664 in the same 
        manner as an order under section 3663A.
            ``(3) For purposes of this subsection, the term `full 
        amount of the victim's losses' has the same meaning as provided 
        in section 2259(b)(3) and shall in addition include the greater 
        of the gross income or value to the defendant of the victim's 
        services or labor or the value of the victim's labor as 
        guaranteed under the minimum wage and overtime guarantees of 
        the Fair Labor Standards Act (29 U.S.C. Sec. 201, et seq.).
    ``(c) For purposes of this section, the term `victim' means the 
individual harmed as a result of a crime under this chapter, including, 
in the case of a victim who is under 18 years of age, incompetent, 
incapacitated, or deceased, the legal guardian of the victim or a 
representative of the victim's estate, or another family member, or any 
other person appointed as suitable by the court, but in no event shall 
the defendant be named such representative or guardian.
``Sec. 1592. General provisions
    ``(a) In a prosecution under section 1581, 1583, 1584, or 1589, a 
condition of involuntary servitude or peonage may be established by 
proof that the defendant obtained or maintained the labor or service of 
any person--
            ``(1) by the use, or threatened use, of force, violence, 
        physical restraint or physical injury, or by the use or 
        threatened use of coercion through law or the legal process;
            ``(2) through representations made to any person that 
        physical harm may occur to that person, or to another, in an 
        effort to wrongfully obtain or maintain the labor or services 
        of that person; or
            ``(3) by the use of fraud, deceit, or misrepresentation 
        toward any person in an effort to wrongfully obtain or maintain 
        the labor or services of that person, where the person is a 
        minor, an immigrant, one who is mentally disabled, or one who 
        is otherwise particularly susceptible to coercion.
    ``(b) An attempt to violate section 1581, 1583, 1584, or 1589 shall 
be punishable in the same manner as a completed violation of each of 
these sections, respectively.''; and
            (5) By amending the sectional table for chapter 77 to 
        include the following additional items:

``Sec. 1589. Trafficking and criminal exploitation of workers
``Sec. 1590. Unlawful possession of documents in furtherance of 
                            trafficking, criminal worker exploitation, 
                            involuntary servitude, or peonage.
``Sec. 1591. Mandatory restitution.
``Sec. 1592. General provisions.''.
    (b) Amendment to the Sentencing Guidelines.--
            (1) Pursuant to its authority under section 994 of title 
        28, United States Code, and in accordance with this section, 
        the United States Sentencing Commission shall review and, if 
        appropriate, amend the sentencing guidelines and policy 
        statements applicable to persons convicted of offenses 
        involving the trafficking of persons, including component or 
        related crimes of peonage, involuntary servitude, slave trade 
        offenses, coercive worker exploitation, and possession, 
        transfer or sale of false immigration documents to further 
        exploitation of workers, and the Fair Labor Standards Act and 
        the Migrant and Seasonal Agricultural Worker Protection Act.
            (2) In carrying out this subsection, the Sentencing 
        Commission shall--
                    (A) ensure that the sentencing guidelines and 
                policy statements applicable to the offenses described 
                in paragraph (1) of this subsection are sufficiently 
                stringent to deter such offenses and adequately reflect 
                the heinous nature of such offenses;
                    (B) consider conforming the sentencing guidelines 
                applicable to offenses involving worker exploitation to 
                the guidelines applicable to peonage, involuntary 
                servitude, and slave trade offenses; and
                    (C) consider providing sentencing enhancements for 
                those convicted of the offenses described in paragraph 
                (1) of this subsection that--
                            (i) involve a large number of victims;
                            (ii) involve a pattern of continued and 
                        flagrant violations;
                            (iii) involve the use or threatened use of 
                        a dangerous weapon; or
                            (iv) result in the death or bodily injury 
                        of any person.
            (3) The Commission may promulgate the guidelines or 
        amendments under this subsection in accordance with the 
        procedures set forth in section 21(a) of the Sentencing Act of 
        1987, as though the authority under that Act had not expired.
    Sec. 9. Monitoring International Progress To Eradicate Trafficking 
in Persons.--(a) Multilateral Evaluation and Action To Gain 
International Cooperation.--To ensure action to eradicate trafficking 
by any recalcitrant country, it is the sense of the Congress that the 
Secretary of State should undertake the following actions:
            (1) expand existing cooperative policies and programs 
        consistent with the purposes of this Act;
            (2) gauge progress toward the goal of eliminating 
        trafficking in individual countries and around the globe; and
            (3) urge the international community to identify, engage, 
        and take strong multilateral action to gain the cooperation of 
        any country demonstrating resistance to reflecting official 
        condemnation of trafficking in persons through policies and 
        actions, including making serious and sustained efforts to--
                    (A) vigorously prosecute and punish traffickers at 
                a level commensurate with the severity of the crime;
                    (B) investigate and prosecute official corruption 
                that contributes to trafficking; and
                    (C) protect trafficking victims, including working 
                cooperatively with international and non-governmental 
                organizations.
    (b) Expansion of Treatment in Human Rights Report.--The Secretary 
of State, through the Assistant Secretary of Democracy, Human Rights 
and Labor shall expand reporting to Congress as part of the annual 
Country Report on Human Rights Practices to address the status of 
international trafficking in persons (especially women and children), 
including--
            (1) a description of the nature and extent of trafficking 
        in persons in each country;
            (2) a description and assessment of the efforts of 
        countries to combat trafficking through prevention, protection, 
        and assistance for victims and prosecution and enforcement 
        against traffickers; and
            (3) the role of official corruption and official 
        cooperation or complicity trafficking.
Trafficking in persons shall receive separate treatment within the 
reporting on each country.
    (c) Cooperation With Non-Governmental Organizations.--In compiling 
and providing the information required by subsection (b) of this 
section, the Secretary shall foster contacts with human rights and 
other non-governmental organizations, including receiving reports and 
updates from such organizations.
    Sec. 10. Authorization of Appropriations.--To carry out the 
purposes of this Act there are authorized to be appropriated to the 
Secretaries of State, Health and Human Services, and Labor, the 
Attorney General, and the Administrator of the U.S. Agency for 
International Development such sums as may be necessary.

SEC. 4008. BATTERED IMMIGRANT WOMEN.

    (a) Findings.--Congress finds that--
            (1) the goal of the immigration protections for battered 
        immigrants included in the Violence Against Women Act of 1994 
        was to remove immigration laws as a barrier that kept battered 
        immigrant women and children locked in abusive relationships;
            (2) providing battered immigrant women and children who 
        were experiencing domestic violence at home with protection 
        against deportation allows them to obtain protection orders 
        against their abusers and frees them to cooperate with law 
        enforcement and prosecutors in criminal cases brought against 
        their abusers and the abusers of their children; and
            (3) there are several groups of battered immigrant women 
        and children who do not have access to the immigration 
        protections of the Violence Against Women Act of 1994, which 
        means that their abusers are virtually immune from prosecution 
        because their victims can be deported and the Immigration and 
        Naturalization Service cannot offer them protection no matter 
        how compelling their case under existing law.
    (b) Purposes.--The purposes of this section are--
            (1) to promote criminal prosecutions of all persons who 
        commit acts of battery or extreme cruelty against immigrant 
        women and children;
            (2) to offer protection against domestic violence occurring 
        in family and intimate relationships that are covered in State 
        or tribal protection order, domestic violence, and family law 
        statutes; and
            (3) to correct the undermining of Violence Against Women 
        Act immigration protections that occurred as a result of 
        enactment of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996.
    (c) Effect of Changes in Abusers' Citizenship Status.--(1) Section 
204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(A)) is amended by adding at the end the following new 
clause:
                            ``(v) For the purposes of any petition 
                        filed under clause (iii), (iv) or (vii) of 
                        section 204(a)(1)(A), denaturalization, loss, 
                        death or renunciation, or changes to the 
                        abuser's citizenship status after filing of the 
                        petition shall not preclude the classification 
                        of the eligible self-petitioning spouse, child, 
                        son or daughter as an immediate relative.''.
    (2) Section 204(a)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1154(a)(1)(B)) is amended by adding at the end the following new 
clause:
                            ``(iv)(I) For the purposes of petitions 
                        filed or approved under clause (ii), (iii), or 
                        (vi) of section 204(a)(1)(B), loss of lawful 
                        permanent residence status by a spouse or 
                        parent or death of the lawful permanent 
                        resident spouse or parent after the filing of a 
                        petition under that clause shall not preclude 
                        approval of the petition, and, for an approved 
                        petition, shall not affect the alien's ability 
                        to adjust status under section 245(a) and (c) 
                        or obtain status as a lawful permanent resident 
                        based on the approved self-petition under 
                        clause (ii), (iii) or (vi).
                            ``(II) Upon the lawful permanent resident 
                        spouse or parent becoming a United States 
                        citizen through naturalization, acquisition of 
                        citizenship, or other means, any petition filed 
                        with the Immigration and Naturalization Service 
                        and pending or approved under section 
                        204(a)(1)(B)(ii), (iii), or (vi) on behalf of 
                        an alien who has been battered or subjected to 
                        extreme cruelty may be deemed to be a petition 
                        filed under section 204(a)(1)(A) of this Act 
                        even if the acquisition of citizenship occurs 
                        after divorce.''.
    (3) Section 201(b)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1154(b)(2)(A)) is amended by adding at the end the following 
sentence: ``For purposes of this definition, an alien who has filed a 
petition under clause (iii), (iv) or (vii) of section 204(a)(1)(A) of 
this Act remains an immediate relative in the event that the United 
States Citizen spouse or parent loses United States citizenship or dies 
after filing the petition.''.
    (d) Determinations of Good Moral Character.--
            (1) Cancellations of removal; suspensions of deportation.--
        Section 240A(b) of the Immigration and Nationality Act (8 
        U.S.C. 1229b) is amended by adding at the end the following:
            ``(4) Good moral character determination.--
                    ``(A) In general.--For the purposes of making `good 
                moral character' determinations under this paragraph, 
                the Attorney General is not limited by the criminal 
                court record and may make a finding of good moral 
                character, notwithstanding the existence of a 
                disqualifying criminal act or criminal conviction, when 
                police reports, court documents, or other 
                contemporaneous evidence demonstrate that the alien has 
                been battered or subjected to extreme cruelty. This 
                provision shall apply only in the case of an alien who 
                otherwise qualifies for relief under section 240A(b), 
                but who--
                            ``(i) committed, was arrested for, was 
                        convicted of, or pled guilty to, violating a 
                        court order issued to protect the alien; or
                            ``(ii) committed, was arrested for, was 
                        convicted of, or pled guilty to, prostitution, 
                        if the alien was forced into prostitution by an 
                        abuser; or
                            ``(iii) committed, was arrested for, was 
                        convicted of, or pled guilty to, committing a 
                        crime where there was a connection between the 
                        commission of the crime and the alien's having 
                        been battered or subjected to extreme cruelty; 
                        or
                            ``(iv) committed, was arrested for, was 
                        convicted of, or pled guilty to, a domestic 
                        violence-related crime if the Attorney General 
                        determines that the alien acted in self-
                        defense.
            ``(5) Inclusion of other aliens in petition.--An alien 
        applying for relief under section 244(a)(3) (as in effect 
        before the enactment of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996) or this subsection may 
        include--
                    ``(A) the alien's children in the alien's 
                application, if such children are physically present in 
                the United States at the time of the application, and, 
                if the alien is found eligible for suspension, the 
                Attorney General may adjust the status of the alien's 
                children; or
                    ``(B) the alien's parent in the alien child's 
                application in the case of an application filed by an 
                alien child who was abused by a citizen or lawful 
                permanent resident parent and, if the alien is found 
                eligible for suspension, the Attorney General may 
                adjust the status of both the alien child applicant and 
                the alien's parent.
            ``(6) Inclusion of other aliens in cancellation of removal 
        applications.--An alien applying for relief under section 
        240A(b)(2) may include--
                    ``(A) the alien's children in the alien's 
                application and, if the alien is found eligible for 
                cancellation, the Attorney General may adjust the 
                status of the alien's children; or
                    ``(B) the alien's parent or child in the alien 
                child's (as defined in section 101(b)(1)(G)) 
                application in the case of an application filed by an 
                alien who was abused by a citizen or lawful permanent 
                resident parent and, if the alien child is found 
                eligible for cancellation, the Attorney General may 
                adjust the status of the alien child applicant and the 
                alien child's parent and child.
            ``(7) Determinations under suspension of deportation.--
                    ``(A) In general.--For the purposes of making good 
                moral character determinations under section 244(a)(3) 
                of the Immigration and Nationality Act (as in effect 
                before the enactment of the Illegal Immigration Reform 
                and Immigrant Responsibility Act of 1996), the Attorney 
                General is not limited by the criminal court record and 
                may make a finding of good moral character, 
                notwithstanding the existence of a disqualifying 
                criminal act or criminal conviction, when police 
                reports, court documents, or other contemporaneous 
                evidence demonstrate that the alien has been battered 
                or subjected to extreme cruelty. This provision shall 
                apply only in the case of an alien who otherwise 
                qualifies for relief under section 244(a)(3) of the 
                Immigration and Nationality Act (as in effect before 
                the enactment of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996), and who--
                            ``(i) committed, was arrested for, was 
                        convicted of, or who pled guilty to, violating 
                        a court, order issued to protect the alien;
                            ``(ii) committed, was arrested for, was 
                        convicted of, or who pled guilty to, 
                        prostitution if the alien was forced into 
                        prostitution by an abuser;
                            ``(iii) committed, was arrested for, was 
                        convicted of, or pled guilty to, committing 
                        where there was a connection between the 
                        commission of the crime and the alien's having 
                        been battered or subjected to extreme cruelty; 
                        or
                            ``(iv) committed, was arrested for, was 
                        convicted of, or pled guilty to, a domestic 
                        violence-related crime if the Attorney General 
                        determines that the alien acted in self-
                        defense.''.
            (2) Immediate Relative Status.--Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
        amended by adding at the end the following new clause:
                            ``(vi)(I) For the purposes of making good 
                        moral character determinations under this 
                        subparagraph, the Attorney General is not 
                        limited by the criminal court record and may, 
                        in her sole and unreviewable discretion, make a 
                        finding of good moral character, 
                        notwithstanding the existence of a 
disqualifying criminal act or criminal conviction, when police reports, 
court documents, or other contemporaneous evidence demonstrate that the 
alien has been battered or subjected to extreme cruelty. This provision 
shall apply only in the case of an alien who otherwise qualifies for 
relief under section 204(a)(1)(A)(iii), (iv) or (vii), and who--
                                    ``(aa) committed, was arrested for, 
                                was convicted of, or pled guilty to, 
                                violating a court order issued to 
                                protect the alien;
                                    ``(bb) committed, was arrested for, 
                                was convicted of, or pled guilty to, 
                                prostitution if the alien was forced 
                                into prostitution by an abuser;
                                    ``(cc) committed, was arrested for, 
                                was convicted of, or pled guilty to, 
                                committing a crime where there was a 
                                connection between the commission of 
                                the crime and the alien's having been 
                                battered or subjected to extreme 
                                cruelty; or
                                    ``(dd) committed, was arrested for, 
                                was convicted of, or pled guilty to, a 
                                domestic violence-related crime, if the 
                                Attorney General determines that the 
                                alien acted in self-defense.''.
            (3) Second preference immigration status.--Section 
        204(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1154(a)(1)(B)) is amended by inserting after clause (iv) the 
        following:
                            ``(v)(I) For the purposes of making good 
                        moral character determinations under this 
                        subparagraph, the Attorney General is not 
                        limited by the criminal court record and may, 
                        in her sole and unreviewable discretion, make a 
                        finding of good moral character, 
                        notwithstanding the existence of a 
                        disqualifying criminal act or criminal 
                        conviction, when police reports, court 
                        documents, or other contemporaneous evidence 
                        demonstrate that the alien has been battered or 
                        subjected to extreme cruelty. This provision 
                        shall apply only in the case of an alien who 
                        otherwise qualifies for relief under section 
                        204(a)(1)(B)(ii), (iii) or (vi), and who--
                                    ``(aa) committed, was arrested for, 
                                was convicted of, or who pled guilty 
                                to, violating a court order issued to 
                                protect the alien;
                                    ``(bb) committed, was arrested for, 
                                was convicted of, or pled guilty to, 
                                prostitution where the alien was forced 
                                into prostitution by an abuser;
                                    ``(cc) committed, was arrested for, 
                                was convicted of, or pled guilty to, 
                                committing a crime where there was a 
                                connection between the commission of 
                                the crime and the alien's having been 
                                battered or subjected to extreme 
                                cruelty; or
                                    ``(dd) committed, was arrested for, 
                                was convicted of, or pled guilty to, a 
                                domestic violence-related crime, if the 
                                Attorney General determines that the 
                                alien acted in self-defense.''.
    (e) Waivers of Inadmissibility.--
            (1) Discretionary waivers for certain inadmissibility and 
        removal grounds.--Section 212 of the Immigration and 
        Nationality Act (8 U.S.C. 1182) is amended by adding at the end 
        the following:
    ``(r) Waiver of Section 212.--The Attorney General, in the Attorney 
General's sole and unreviewable discretion, may waive any provision of 
section 212 (other than paragraphs (3), (10)(A), (10)(D), and (10)(E) 
of subsection (a)) for humanitarian purposes, to assure family unity, 
or when it is otherwise in the public interest, if the alien 
demonstrates a connection between the crime or disqualifying act and 
battery or extreme cruelty and the alien qualifies for--
            ``(1) status under clause (iii), (iv) or (vii) of section 
        204(a)(1)(A) or classification under clause (ii), (iii) or (vi) 
        of section 204(a)(1)(B); or
            ``(2) relief under section 240A(b)(2) or 244(a)(3) (as in 
        effect before the enactment of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996).''.
            (2) Conforming amendments.--(A) Section 212(a)(6)(A)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 1182) is amended 
        by striking subclause (II); and
            (B) Section 212(a)(9)(B)(iii) of the Immigration and 
        Nationality Act is amended by striking subclause (IV).
    (f) Waiver of Certain Removal Grounds.--Section 237(a)(2)(E) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(E)) is amended by 
inserting at the end the following new clause:
                            ``(iii) Waiver.--The Attorney General may 
                        waive the application of clauses (i) and (ii)--
                                    ``(I) upon determination that--
                                            ``(aa) the alien was acting 
                                        in self-defense,
                                            ``(bb) the alien was not 
                                        the primary perpetrator of 
                                        violence in the relationship,
                                            ``(cc) the alien was found 
                                        to have violated a protection 
                                        order intended to protect the 
                                        alien, or
                                            ``(dd) the alien committed, 
                                        was arrested for, was convicted 
                                        of, or plead guilty to 
                                        committing a crime where there 
                                        was a connection between the 
                                        crime and having been battered 
                                        or subjected to extreme 
                                        cruelty, or
                                    ``(II) for humanitarian purposes.
                                    ``(III) such waiver shall not be 
                                available if the alien was the primary 
                                perpetrator of violence in the 
                                relationship.''.
    (g) Procedure for Granting Immigrant Status.--
            (1) Definition.--Section 101(a)(35) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(35)) is amended by adding at 
        the end the following: ``For the purposes of a self-petition 
        under section 204(a)(1)(A)(iii) or (vii) or 204(a)(1)(B)(ii) or 
        (vi), cancellation of removal under 240A(b)(2), or suspension 
        of deportation under section 244(a)(3) of the Act (as in effect 
        before the title III-A effective date in section 309 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996), the term `spouse' shall include a United States citizen 
        or lawful permanent resident to whom the alien believed he or 
        she had married and with whom a marriage ceremony was actually 
        performed, and who otherwise meets any applicable requirements 
        under the Act to establish the existence and bona fides of a 
        marriage, but whose marriage is not legitimate solely because 
        of the United States citizen or lawful permanent resident's 
        bigamy.''.
            (2) Conforming amendments.--Sections 204(a)(1)(A)(iii) and 
        (vii), 204(a)(1)(B)(ii) and (vi), 240A(b)(2)(A) and 244(a)(3) 
        as in effect before the title III-A effective date in section 
        309 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (Public Law No. 104-208, Div. C, 110 
        Stat. 3009-546, 3009-625 (8 U.S.C. 1101 note)) are amended by 
        inserting after ``spouse'' the following clause: ``, including 
        a spouse defined under Section 101(a)(35),''.
            (3) Self-petitioning children of citizens.--Section 
        204(a)(1)(A)(iv) of the Immigration and Nationality Act (8 
        U.S.C. 1154(a)(1)(A)(iv) is amended to read as follows:
                            ``(iv) An alien who is the child of a 
                        citizen of the United States, who is a person 
                        of good moral character, who is eligible to be 
                        classified as an immediate relative under 
                        section 201(b)(2)(A)(i), and who has resided 
                        with or had visitation in the United States 
                        with the citizen parent (or has resided with or 
                        had visitation within or outside the territory 
                        of the United States with the citizen parent at 
                        the assigned foreign duty station if the 
                        alien's parent is an employee of the Department 
                        of State or a member of the United States 
                        Uniformed Forces stationed abroad) may file a 
                        petition with the Attorney General under this 
                        subparagraph for classification of the alien 
                        (and any child of such alien) under such 
                        section upon such showing and during such 
                        period of residence or visitation with the 
                        citizen parent the alien has been battered by 
                        or has been the subject of extreme cruelty 
                        perpetrated by the alien's citizen parent.''.
            (4) Self-petitioning children of lawful permanent 
        residents.--Section 204(a)(1)(B)(iii) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended to 
        read as follows:
                            ``(iii) An alien who is the child of an 
                        alien lawfully admitted for permanent 
                        residence, who is a person of good moral 
                        character, who is eligible for classification 
                        under section 203(a)(2)(A), and who has resided 
with or had visitation in the United States with the alien's permanent 
resident alien parent (or has resided with or had visitation within or 
outside the territory of the United States with the lawful permanent 
resident parent at the assigned foreign duty station if the alien's 
parent is an employee of the Department of State or a member of the 
United States Uniformed Forces stationed abroad) may file a petition 
with the Attorney General under this subparagraph for classification of 
the alien (and any child of such alien) under such section upon such 
showing and during such period of residence or visitation with the 
permanent resident parent the alien has been battered by or has been 
the subject of extreme cruelty perpetrated by the alien's permanent 
resident parent.''.
            (5) Filing of petitions.--(A) Section 204(a)(1)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is 
        amended by adding at the end the following new clause:
                            ``(viii) An alien who is the spouse, child, 
                        son or daughter of an employee of the 
                        Department of State or the United States 
                        Uniformed Forces stationed abroad and who would 
                        be eligible to file a petition under clause 
                        (iii), (iv) or (vi), of this subparagraph if 
                        the alien had resided with the alien's spouse 
                        or parent in the United States may file such 
                        petition with the Attorney General.''.
            (B) Section 204(a)(1)(B) of the Immigration and Nationality 
        Act (8 U.S.C. 1154(a)(1)(B)) is amended by adding at the end 
        the following new clause:
                            ``(vii) An alien who is the spouse, or 
                        child of an employee of the Department of State 
                        or the United States Armed Forces stationed 
                        abroad and who would be eligible to file a 
                        petition under clause (ii), (iii), or (vi) of 
                        this subparagraph if the alien had resided with 
                        the alien's spouse or parent in the United 
                        States may file such petition with the Attorney 
                        General.''.
            (6) Adjustment of Status.--(A) Section 245 of the 
        Immigration and Nationality Act (8 U.S.C. 1255) is amended--
                    (i) in subsection (a), by inserting ``, or the 
                status of any other alien having an approved petition 
                for classification under subparagraph (A)(iii), 
                (A)(iv), (A)(vii), (B)(ii), (B)(iii), or (B)(vi) of 
                section 204(a)(1),'' after ``into the United States'';
                    (ii) in subsection (c), by inserting at the 
                beginning the following:
        Other than an alien having an approved petition for 
        classification under subparagraph (A)(iii), (A)(iv), (A)(vii), 
        (B)(ii), (B)(iii), or (B)(vi) of section 204(a)(1), subsection 
        (a) shall not be applicable to''.
            (B) The amendments made by paragraph (1) shall apply to 
        applications for adjustment of status pending on or made on or 
        after January 14, 1998.
    (h) Eliminating Time Limitations on Motions To Reopen Removal and 
Deportation Proceedings for Victims of Domestic Violence.--
            (1) Removal proceedings.--
                    (A) In general.--Section 240(c)(6)(C) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1229a(c)(6)(C)) is amended by adding at the end the 
                following:
                            ``(iv) Special rule for battered spouses 
                        and children.--If the basis of the motion is to 
                        apply for relief or adjustment of status based 
                        on a petition filed under clause (iii), (iv), 
                        or (vii) of section 204(a)(1)(A), clause (ii), 
                        (iii), or (vi) of section 204(a)(1)(B), or 
                        section 240A(b)(2) and if the motion is 
                        accompanied by evidence of exigent 
                        circumstances and by a cancellation of removal 
                        application to be filed with the Attorney 
                        General, or by a copy of the self-petition that 
                        will be filed with the Immigration and 
                        Naturalization Service upon the granting of the 
                        motion to reopen, the motion to reopen may be 
                        granted in the Attorney General's sole and 
                        unreviewable discretion.''.
                    (B) Effective Date.--The amendments made by 
                subparagraph (A) shall take effect as if included in 
                the enactment of section 304 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (Public 
                Law No. 104-208, Div. C., 110 Stat. 3009-546, 3009-589 
                (8 U.S.C. 1229(a))).
            (2) Deportation proceedings.--
                    (A) In general.--Notwithstanding any limitation 
                imposed by law on motions to reopen deportation 
                proceedings under the Immigration and Nationality Act 
                (as in effect before the title III-A effective date in 
                section 309 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 
                note)), if the basis of the motion is to apply for 
                relief or adjustment of status based on a petition 
                filed under clause (iii), (iv), or (vii) of section 
                204(a)(1)(A), clause (ii), (iii), or (vi) of section 
                204(a)(1)(B), or section 240A(b)(2) and if the motion 
                is accompanied by evidence of exigent circumstances and 
                by a cancellation of removal application to be filed 
                with the Attorney General, or by a copy of the self-
                petition that will be filed with the Immigration and 
                Naturalization Service upon the granting of the motion 
                to reopen, the motion to reopen may be granted in the 
                Attorney General's sole and unreviewable discretion.
                    (B) Applicability.--Subparagraph (a) shall apply to 
                motions filed by aliens who--
                            (i) are, or were, in deportation 
                        proceedings under the Immigration and 
                        Nationality Act (as in effect before the title 
                        III-A effective date in section 309 of the 
                        Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1101 
                        note)); and
                            (ii) have become eligible to apply for 
                        relief under clause (iii), (iv) or (vii) of 
                        section 204(a)(1)(A) of the Immigration and 
                        Nationality Act, clause (ii), (iii), or (vi) of 
                        section 204(A)(1)(B) of such Act, or section 
                        244(a)(3) of such Act (as in effect before) the 
                        title III-A effective date in section 309 of 
                        the Illegal Immigration Reform and Immigration 
                        Responsibility Act of 1996 (8 U.S.C. 1101 
                        note)) as a result of the amendments made by--
                                    (I) subtitle G of title IV of the 
                                Violent Crime Control and Law 
                                Enforcement Act of 1994 (Public Law 
                                103-322; 108 Stat. 1953 et seq.); or
                                    (II) section 5008 of this Act.
    (i) Cancellation of Removal; Adjustment of Status.--(1)(A) 
Paragraph (1) of section 240A(d) of the Immigration and Nationality Act 
(8 U.S.C. 1229b(d)(1)) is amended to read as follows:
            ``(1) Termination of continuous period.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for purposes of this section, any 
period of continuous residence or continuous physical presence in the 
United States shall be deemed to end when the alien is served a notice 
to appear under section 239(a) or when the alien has committed an 
offense referred to in section 212(a)(2) that renders the alien 
inadmissible to the United States or removable from the United States 
under section 237(a)(2) or 237(a)(4), whichever is earliest.
                    ``(B) Special rule for battered spouse or child.--
                For purposes of subsection (b)(2), the service of a 
                notice to appear referred to in subparagraph (A) shall 
                not be deemed to end any period of continuous physical 
                presence in the United States.''.
    (B) Section 240A(e)(3) of the Immigration and Nationality Act (8 
U.S.C. 1229b(d)(1)) is amended by adding at the end the following new 
subsection:
                    ``(C) Aliens in removal proceedings who applied for 
                cancellation of removal under section 240A(b)(2).''.
    (C) The amendments made by subparagraphs (A) and (B) shall take 
effect as if included in the enactment of section 304 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 
104-208; 110 Stat. 587).
    (2)(A) Section 309(c)(5)(C) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended--
            (i) by amending the subparagraph heading to read as 
        follows:
                    ``(C) Special rule for certain aliens granted 
                temporary protection from deportation and for battered 
                spouses and children.''; and
            (ii) in clause (i)--
                    (I) by striking ``or'' at the end of subclause 
                (IV);
                    (II) by striking the period at the end of subclause 
                (V) and inserting ``; or''; and
                    (III) by adding at the end the following:
                                    ``(VI) is an alien who was issued 
                                an order to show cause or was in 
                                deportation proceedings prior to April 
                                1, 1997, and who applied for suspension 
                                of deportation under section 244(a)(3) 
                                of the Immigration and Nationality Act 
                                (as in effect before the date of the 
                                enactment of this Act).''.
    (B) The amendments made by subparagraph (A) shall take effect as if 
included in the enactment of section 309 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note).
    (3) Section 240A(d)(2) of the Immigration and Nationality Act (8 
U.S.C. 1229b(d)(2)) is amended by adding at the end the following: 
``The Attorney General may waive the provisions of this subsection in 
the case of an alien applying for cancellation of removal as a battered 
spouse or child provided that the alien demonstrates that the absences 
were connected to the battery or extreme cruelty forming the basis for 
the application for cancellation of removal.''.
    (4) Section 244(a)(3) of the Immigration and Nationality Act (as in 
effect before the title III-A effective date of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996, (Public Law No. 104-
208, Div. C, 110 Stat. 3009-546, 3009-625 (8 U.S.C. 1101 note))) is 
amended by adding at the end the following: ``The Attorney General may 
waive the physical presence requirement for humanitarian purposes if 
the alien demonstrates a connection between the absences and the 
battery or extreme cruelty forming the basis of the application for 
suspension of deportation.''.
    (j) Effect on Other Goals.--Section 287(g)(10) of the Immigration 
and Nationality Act (8 U.S.C. 1357(g)(10)) is amended by adding at the 
end the following: ``It is the intent of the Congress that none of the 
provisions in this section have the effect of discouraging crime victim 
cooperation with law enforcement and prosecutors. Public policy favors 
encouraging prosecution of criminals and nothing in this section shall 
be construed to discourage crime victims, including domestic violence 
victims, from reporting crimes committed against them to police, from 
cooperating in criminal prosecutions, or from obtaining from courts 
protection orders or other legal relief under State and Federal laws 
needed to protect crime victims from ongoing violence.''.
    (k) Ensuring Protection for Abused Children and Children of 
Battered Immigrants.--Section 101(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) a child who turns 21 years old remains a 
                child under this section for the purposes of clauses 
                (iii) and (iv) of section 204(a)(1)(A), clauses (ii) 
                and (iii) of section 204(a)(1)(B), section 240A(b)(2), 
                and section 244(a)(3) (as in effect before the date of 
                the enactment of the Illegal Immigration reform and 
                Immigrant Responsibility Act of 1996) if, on the date a 
                petition or application was filed by the child or their 
                parent under any of these sections the child--
                            ``(i) met the definition of child in 
                        subparagraphs (A) through (F) of this 
                        paragraph; and
                            ``(ii) was under the age of 21 on the date 
                        the application or petition was filed.''.
    (l) Immediate Relative Status for Self-Petitioning Son or Daughter 
of U.S. Citizen.--Section 204(a)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)), as amended by subsection 
(d)(2) of this Act, is amended by adding at the end the following:
                            ``(vii) An alien who is the son or daughter 
                        of a citizen of the United States, who is a 
                        person of good moral character, who is eligible 
                        for classification by reason of a relationship 
                        described in paragraph (1) of section 203(a), 
                        and who resides or has resided, including 
                        visitation, in the past with the citizen parent 
                        may file a petition with the Attorney General 
                        under this clause for classification of the 
                        alien (and any child of such alien) under such 
                        section if the alien demonstrates to the 
                        Attorney General that during the period of 
                        residence or visitation with the citizen parent 
                        the alien has been battered by, or has been the 
                        subject of extreme cruelty perpetrated by, the 
                        alien's citizen parent, and the battery or 
                        extreme cruelty occurred before the son or 
                        daughter reached the age of 21.''.
    (m) Second Preference Status for Self-Petitioning Son or Daughter 
of Lawful Permanent Resident.--Section 204(a)(1)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(b)) is amended by adding at 
the end the following:
                            ``(vi) An alien who is the son or daughter 
                        of lawful permanent resident of the United 
                        States, who is a person of good moral 
                        character, who is eligible for classification 
                        by reason of a relationship described in 
                        paragraph (2) of section 203(a), and who 
                        resides or has resided, including visitation, 
                        in the past with the lawful permanent resident 
                        parent may file a petition with the Attorney 
                        General under this clause for classification of 
                        the alien under such section if the alien 
                        demonstrates to the Attorney General that 
                        during the period of residence, or visitation, 
                        with the lawful permanent resident parent the 
                        alien has been battered by, or has been the 
                        subject of extreme cruelty perpetrated by, the 
                        alien's lawful permanent resident parent, and 
                        the battery or extreme cruelty occurred before 
                        the son or daughter reached the age of 21.''.
    (n) Treatment of Derivatives.--Section 203(d) of the Immigration 
and Nationality Act (8 U.S.C. 1153(d)) is amended by adding at the end 
the following: ``In the case of alien sons and daughters who were 
included as children in self-petitions filed under sections 
204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) upon the derivative child's 21st 
birthday their immigration classification shall be regarded as having 
been approved, or if not yet approved, may be approved, for status 
under section 203(a)(1), (2) or (3), whichever is applicable. The 
derivative will retain the same priority date as the priority date of 
the self-petition filed under section 204(a)(1)(A)(iii) or 
204(a)(1)(B)(ii) and shall remain eligible for deferred action and work 
authorization.
    (o) Statutory Construction on Legal Assistance Funds.--Section 502 
of the Departments of Commerce, Justice and State, the Judiciary and 
Related Agencies Appropriations Act, 1998 (Public Law 105-119) is 
amended by adding at the end the following:
    ``(c) This section shall not be construed to prohibit a recipient 
from--
            ``(1) using funds derived from a source other than the 
        Legal Services Corporation to provide related legal assistance 
        (as that term is defined in subsection (b)(2)) to any alien has 
        a relationship covered by the domestic violence laws of the 
        State in which the alien who resides or in which an incidence 
        of violence occurred;
            ``(2) using Legal Services Corporation funds to provide 
        related legal assistance to any alien who has been battered or 
        subjected to extreme cruelty who qualifies for relief under 
        clause (iii), (iv), or (vii) of section 204(a)(1)(A) or clause 
        (ii), (iii), or (vi) of section 204(a)(1)(B) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(B)).''.
    (p) Report.--Not later than one year after the date of enactment of 
this Act, the Attorney General shall submit a report to the Committees 
on the Judiciary of the Senate and House of Representatives on--
            (1) the number of and processing times of petitions under 
        clauses (iii) and (iv) of section 204(a)(1)(A) (8 U.S.C. 
        1154(a)(1)(A)) and clauses (ii) and (iii) of section 
        204(a)(1)(B) (8 U.S.C. 1154(a)(1)(B)) at district offices of 
        the Immigration and Naturalization Service and at the regional 
        office of the Service in St. Albans, Vermont;
            (2) the policy and procedures of the Immigration and 
        Naturalization Service by which an alien who has been battered 
        or subjected to extreme cruelty who is eligible for suspension 
        of deportation or cancellation of removal can place such alien 
        in deportation or removal proceedings so that such alien may 
        apply for suspension of deportation or cancellation of removal, 
        the number of requests filed at each district office under this 
        policy and the number of these requests granted broken out by 
        District; and
            (3) the average length of time at each Immigration and 
        Naturalization office between the date that an alien who has 
        been subject to battering or extreme cruelty eligible for 
        suspension of deportation or cancellation of removal requests 
        to be placed in deportation or removal proceedings and the date 
        that an immigrant appears before an immigration judge to file 
        an application for suspension of deportation or cancellation of 
        removal.
    (q) Nonapplicability of Special Rules Relating to the Treatment of 
Non-213A Aliens.--Section 408(f)(6) of the Social Security Act (42 
U.S.C. 608(f)(6)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) described in section 421(f) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1631(f)) but for the fact that the 
                individual is a non-213A alien.''.
    (r) Reducing an Abuser's Control Over a Battered Immigrant's 
Immigration Case.--Section 205 of the Immigration and Nationality Act 
is amended by adding at the end thereof the following: ``When a 
beneficiary of a petition filed under section 204 provides the Attorney 
General with credible evidence of battery or extreme cruelty as defined 
in sections 216(c)(4)(C) and 204(a)(1)(A) or 204(a)(1)(B), the Attorney 
General shall adjudicate the application filed under section 204 even 
when the petitioner withdraws the application, when the petitioner 
fails to appear at the interview, when the petitioner has failed to 
file an affidavit of support, or when the petitioner's actions could 
result or resulted in the revocation of the petition.''.

SEC. 4009. REAUTHORIZATION AND AMENDMENT OF PROGRAMS UNDER THE FAMILY 
              VIOLENCE PREVENTION AND SERVICES ACT.

    (a) Secretarial Responsibilities.--Section 305(a) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
            (1) by striking ``an employee'' and inserting ``one or more 
        employees''; and
            (2) by striking ``individual'' and inserting 
        ``individuals''.
    (b) Authorization of Appropriations.--
            (1) In general.--Section 310(a) of that Act (42 U.S.C. 
        10409(a)) is amended by striking all that follows ``to carry 
        out this title'' and inserting ``$102,300,000 for fiscal such 
        sums as may be necessary for each of fiscal years 2001 through 
        2005.''.
            (2) Secretary's set-aside.--Section 310 of that Act (42 
        U.S.C. 10409) is amended--
                    (A) by redesignating subsections (b), (c), (d), and 
                (e) as subsections (c), (d), (e), and (f), 
                respectively;
                    (B) by inserting after subsection (a) the following 
                subsection:
    ``(b) Secretary's Set-Aside.--Of the amounts appropriated under 
subsection (a) for each fiscal year, 1.5 percent shall be used by the 
Secretary for monitoring, stewardship, and administrative activities 
related to sections 303, 308, 311, and 316 of this Act (42 U.S.C. 
10402, 10407, 10410, and 10416), and shall remain available until 
expended for such purposes.''; and
                    (C) by inserting after the words ``for each fiscal 
                year'' in each place where such words appear in 
                subsections (c), (d), and (e) (as redesignated by 
                subparagraph (A)), the following: ``and remaining after 
                the set-aside required by subsection (b)''.
    (c) State Domestic Violence Coalitions: Elimination of Separate 
Authorization of Appropriations.--Section 311 of that Act (42 U.S.C. 
10410) is amended--
            (1) by striking subsection (g); and
            (2) by redesignating subsection (h) as subsection (g).
    (d) National Domestic Violence Hotline Grant.--Section 316(f) of 
that Act (42 U.S.C. 10416(f)) is amended by striking all that follows 
``to carry out this section'' and inserting ``such sums as may be 
necessary for each of fiscal years 2001 through 2005.''.
    (e) Demonstration Grants for Community Initiatives.--Section 318(h) 
of that Act (42 U.S.C. 10418(h)) is amended by striking all that 
follows ``to carry out this section'' and inserting ``such sums as may 
be necessary for each of fiscal years 2001 through 2005.''.
    (f) Culturally Appropriate Sexual Assault Services for Underserved 
Populations.--That Act is amended by adding the following section:

``SEC. 319. CULTURALLY APPROPRIATE SEXUAL ASSAULT PREVENTION AND 
              TREATMENT SERVICES FOR UNDERSERVED POPULATIONS.

    ``(a) In General.--The Secretary may, directly or by grant or 
contract, provide for culturally appropriate sexual assault prevention 
and treatment services for underserved populations, including ethnic 
minority populations, rural communities, American Indians and Alaskan 
Natives, and people with disabilities.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,500,000 for fiscal year 2001 
and such sums as may be necessary for each of fiscal years 2002 through 
2005.''.
    (g) Monitoring Violence Against Women.--That Act, as amended by 
subsection (f), is further amended by adding the following section:

``SEC. 320. MONITORING VIOLENCE AGAINST WOMEN.

    ``(a) National Survey of Violence Against Women.--The Secretary 
may, directly or by grant or contract, and in cooperation with the 
Attorney General, conduct a biennial survey of violence against women.
    ``(b) Monitoring Domestic Violence and Sexual Assault Through 
Existing Data.--The Secretary may, directly or by grant or contract, 
develop programs to use existing data to monitor domestic violence and 
sexual assault in a State or a local community. Such programs may use 
data from sources that may include--
            ``(1) public health agencies;
            ``(2) public and private social service agencies and 
        organizations;
            ``(3) criminal justice agencies;
            ``(4) public agencies and private organizations concerned 
        with domestic violence; and
            ``(5) public agencies and private organizations concerned 
        with sexual assault.
    ``(c) Augmentation of Existing Data Sources.--The Secretary may, 
directly or by grant or contract, study and evaluate the use, for 
purposes of studying violence against women, of existing sources of 
information other than data that are routinely collected by State and 
local governments.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2001 through 2005.''.
    (h) Demonstration Program for Preventing and Treating Violence 
Against Women.--That Act, as amended by subsections (f) and (g), is 
further amended by adding the following section:

``SEC. 321. DEMONSTRATION PROGRAM FOR PREVENTING AND TREATING VIOLENCE 
              AGAINST WOMEN.

    ``(a) In General.--The Secretary shall, directly or by grant or 
contract, provide for innovative and comprehensive ways to--
            ``(1) conduct activities designed to prevent domestic 
        violence and sexual assault;
            ``(2) deliver services to victims of domestic violence and 
        sexual assault, to their families, and to the perpetrators of 
        such violence and assault; and
            ``(3) provide access to help for victims of domestic 
        violence and sexual assault, to their families, and to the 
        perpetrators of such violence and assault.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,500,000 for fiscal year 2001 
and such sums as may be necessary for each of fiscal years 2002 through 
2005.''.

SEC. 4010. CIVIL LEGAL ASSISTANCE GRANTS.

    (a) In General.--The purpose of this section is to enable the 
Attorney General to make grants to further the health, safety, and 
economic well-being of victims of domestic violence, stalking and 
sexual assault by providing civil legal assistance to such victims.
    (b) Definitions.--In this section--
            (1) ``Domestic violence'' has the same meaning given that 
        term in section 2003 of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended 
        by this Act;
            (2) ``Civil legal assistance'' means assistance to victims 
        of domestic violence, stalking and sexual assault in family, 
        criminal protection or stay away orders, immigration, 
        disability, welfare, other public benefits or similar matters;
            (3) ``Sexual assault'' has the same meaning given that term 
        in section 2003 of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as amended by 
        this Act; and
            (4) ``Stalking'' means a course of conduct directed at a 
        specific person that involves repeated visual or physical 
        proximity, nonconsensual communication, or verbal, written or 
        implied threats, or a combination thereof, that would cause a 
        reasonable person fear.
    (c) Civil Legal Assistance Grants.--The Attorney General may make 
grants under this section to private non-profit entities, publicly 
funded organizations not acting in a governmental capacity, such as law 
schools, and Indian tribal governments and affiliated organizations, 
which shall be used to--
            (1) implement, expand and establish cooperative efforts and 
        projects between domestic and sexual assault victim advocacy 
        organizations and civil legal assistance providers to 
        strengthen civil legal assistance for victims of domestic 
        violence, stalking and sexual assault;
            (2) implement, expand, and establish efforts and projects 
        to strengthen a braod range of civil legal assistance for 
        victims of domestic violence, stalking and sexual assault by 
        organizations with a demonstrated history of providing direct 
        legal or advocacy services on behalf of these victims;
            (3) provide training, technical assistance and data 
        collection to improve the capacity of grantees and other 
        entities to offer civil legal assistance to victims of domestic 
        violence, stalking and sexual assault.
    (d) Evaluation.--The Attorney General may evaluate the grants 
funded under this section through contracts or other arrangements with 
entities that are expert on domestic violence, stalking, sexual assault 
and evaluation research.
    (e) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to carry out 
        this section--
                    (A) $35,000,000 for fiscal year 2001; and
                    (B) such sums as may be necessary for each of 
                fiscal years 2002 through 2005.
            (2) Of the amounts made available under this section in 
        each fiscal year, not less than five percent shall be used for 
        grants for programs that assist victims of domestic violence, 
        sexual assault or stalking on lands within the jurisdiction of 
        an Indian tribe.
            (3) Amounts made available under this section shall be used 
        to supplement and not supplant other federal, state and local 
        funds that are expended for the purposes of this section.

SEC. 4011. AUTHORIZATION OF APPROPRIATIONS FOR RAPE PREVENTION 
              EDUCATION.

    (a) Technical Correction To Accomplish Original Intent of Provision 
Adding Rape Education Authority to Public Health Service Act.--
            (1) Correction.--Section 40151 of the Violence Against 
        Women Act of 1994 (title IV of Public Law 103-322) is amended 
        by striking ``the Public Health and Human Services Act'' and 
        inserting ``the Public Health Service Act''.
            (2) Effective date.--Paragraph (1) shall take effect as if 
        included in the Violence Against Women Act of 1994.
    (b) Authorization of Appropriations.--Section 1910A(c) of the 
Public Health Service Act (42 U.S.C. 300w-10(c)) is amended by striking 
out ``to carry out this section--'' and all that follows and inserting 
in lieu thereof ``to carry out this section $44,105,000 for fiscal year 
2001 and such sums as may be necessary for each of fiscal years 2002 
through 2005.''.

                Subtitle B--Children Exposed to Violence

SEC. 4012. CHILD ABUSE MURDERS.

    Section 1111 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``child abuse,'' after ``sexual 
                abuse,''; and
                    (B) by inserting ``or perpetrated as part of a 
                pattern or practice of assault or torture against a 
                child or children;'' after ``robbery;''; and
            (2) by inserting at the end the following:
    ``(c) For purposes of this section--
            ``(1) `assault' has the same meaning as in section 113;
            ``(2) `child' means a person who is below the age of 18 
        years and is--
                    ``(A) under the perpetrator's care or control; or
                    ``(B) at least six years younger than the 
                perpetrator;
            ``(3) `child abuse' means intentionally, knowingly, or 
        recklessly causing death or serious bodily injury to a child;
            ``(4) `pattern or practice of assault or torture' means 
        assault or torture engaged in on at least two occasions;
            ``(5) `recklessly causing death or serious bodily injury' 
        means causing death or serious bodily injury under 
        circumstances in which the perpetrator is aware of and 
        disregards a grave risk of death or serious bodily injury. 
        Recklessness can be inferred from the character, manner, and 
        circumstances of the perpetrator's conduct;
            ``(6) `serious bodily injury' has the meaning set forth in 
        section 1365; and
            ``(7) `torture' means an act, whether or not committed 
        under the color of law, that otherwise satisfies the definition 
        set forth in section 2340(1).''.

SEC. 4013. SENTENCING ENHANCEMENT FOR CRIMES COMMITTED IN THE PRESENCE 
              OF CHILDREN.

    (a) Amendment to the Federal Sentencing Guidelines.--
            (1) Directive to the united states sentencing commission.--
        Pursuant to its authority under section 994(p) of title 28, 
        United States Code, and in accordance with this section, the 
        United States Sentencing Commission shall review and, if 
        appropriate, amend its guidelines and its policy statements 
        applicable to persons convicted of crimes of violence that are 
        committed in the presence of a child.
            (2) Requirements.--In carrying out this subsection, the 
        Sentencing Commission shall--
                    (A) ensure that the sentencing guidelines and 
                policy statements reflect the serious effects on 
                children of exposure to violence, especially in the 
                home, and the need for aggressive and appropriate law 
                enforcement action to prevent such exposure;
                    (B) consider providing an additional sentencing 
                enhancement for persons convicted of offenses described 
                in paragraph (1) in appropriate circumstances;
                    (C) as part of the review described in paragraph 
                (1), consult with--
                            (i) individuals or organizations with 
                        experience providing advocacy for or other 
                        services to crime victims generally, victims of 
                        domestic violence, sexual assault, and 
                        stalking, and children who witness violence, 
                        including individuals or organizations involved 
                        with such persons in Indian Country and Alaskan 
                        Native Villages; and
                            (ii) individuals or organizations 
                        representing law enforcement and the Federal 
                        judiciary;
                    (D) assure that government-to-government 
                consultation occurs with Indian tribes as to the 
                impacts of sentencing enhancements on tribal members 
                under Federal jurisdiction;
                    (E) assure reasonable consistency with other 
                relevant directives and with other guidelines;
                    (F) account for any aggravating or mitigating 
                circumstances that might justify exceptions, including 
                circumstances for which the sentencing guidelines 
                currently provide sentencing enhancements;
                    (G) make any necessary conforming changes to the 
                sentencing guidelines; and
                    (H) assure that the guidelines adequately meet the 
                purposes of sentencing as set forth in section 
                3553(a)(2) of title 18, United States Code.
            (3) Emergency authority.--The Commission may promulgate 
        guidelines, policy statements or amendments thereto under this 
        section in accordance with the procedures set forth in section 
        21(a) of the Sentencing Act of 1987, as though the authority 
        under that Act had not expired.
    (b) Study and Report on Exposure of Children to Crimes of 
Violence.--Not later than December 1, 2000, the United States 
Sentencing Commission shall submit a report to Congress on issues 
relating to the exposure of children to crimes of violence. The report 
shall explain the changes, if any, to sentencing policy made by the 
Sentencing Commission in response to this section and include any 
recommendations that the Commission may have for retention or 
modification of current penalty levels, including statutory penalty 
levels, and for otherwise combating exposure of children to crimes of 
violence and the serious effects that are associated with such 
exposure.

SEC. 4014. AMENDMENTS RELATING TO CHILD VICTIMS' AND CHILD WITNESSES' 
              RIGHTS.

    (a) Section 3509(a)(2) of title 18, United States Code, is 
amended--
            (1) in subparagraph (A), by striking ``of physical abuse, 
        sexual abuse, or exploitation''; and
            (2) in subparagraph (B), by striking ``committed against 
        another person'' and inserting
        ``, other than a crime the child committed or to which the 
        child contributed as a co-defendant or charged conspirator''.
    (b) Paragraphs (1)(A) and (2)(A) of section 3509(b) of title 18, 
United States Code, are each amended by inserting ``or an offense to 
which a child is a witness'' after ``child''.
    (c) Section 3509(h)(1) of title 18, United States Code, is amended 
by striking ``involving abuse or exploitation''.
    (d) Section 3509 of title 18, United States Code, is amended by 
inserting ``or a person who was a child at the time of the crime'' 
after ``child'' each place it appears in paragraphs (1), (2), and 
(3)(A) of subsection (d), the second and third places it appears in 
subsection (d)(3)(B), the first and third places it appears in 
subsection (d)(4), and each place it appears in subsection (e).
    (e) Section 3509(d) of title 18, United States Code, is amended--
            (1) in paragraph (1)(A), by inserting ``, evidence, or 
        other items'' after ``documents'' each place it appears;
            (2) in paragraph (2), by inserting ``, evidence, or other 
        items'' after ``papers'';
            (3) in paragraph (2) (A) and (B), by inserting ``, 
        evidence, or other items'' after ``paper'';
            (4) in paragraph (2)(B), by striking ``of it'';
            (5) in paragraph (1)(A), by inserting at the end: ``This 
        limitation applies regardless of whether the person continues 
        to act in a capacity described in subparagraph (B) at the time 
        of such disclosure.'';
            (6) in paragraph (4), by striking ``or an adult attendant'' 
        and inserting ``an adult attendant, a victim or witness 
        assistance program''; and
            (7) by adding at the end the following:
            ``(5) The provisions of this subsection may be applied to 
        proceedings of the Grand Jury, including lists of witnesses and 
        exhibits.''.
    (f) Section 3509(i) of title 18, United States Code, is amended 
by--
            (1) striking ``child attendant'' and inserting ``adult 
        attendant''; and
            (2) adding ``if such testimony or deposition is carried out 
        under subsection (b)'' before the final period.

SEC. 4015. TECHNICAL CORRECTIONS TO FORFEITURE STATUTES FOR SEXUAL 
              EXPLOITATION OF MINORS.

    (a) Criminal Forfeiture for Offenses Against Minors.--Section 2253 
of title 18, United States Code, is amended by striking ``or 2423'' and 
inserting ``2423, or 2425''.
    (b) Civil Forfeiture for Offenses Against Minors.--Section 2254 of 
title 18, United States Code, is amended by striking ``or 2423'' and 
inserting ``2423, or 2425''.
    (c) Civil Remedy for Personal Injuries Resulting From Certain Sex 
Crimes Against Children.--Section 2255(a) of title 18, United States 
Code, is amended by striking ``or 2423'' and inserting ``2423, or 
2425''.

SEC. 4016. AMENDMENT TO RESTITUTION STATUTES.

    (a) Section 3663(b)(2) of title 18, United States Code, is amended 
by striking ``including an offense under chapter 109A or chapter 110'' 
and inserting ``or any offense under chapter 109A, chapter 110, or 
chapter 117''.
    (b) Section 2253 of title 18, United States Code, is amended by 
adding at the end the following:
    ``(p) Victims and Restitution.--
            ``(1) The defendant may not use property subject to 
        forfeiture under this section to satisfy an order of 
        restitution. However, if there are identifiable victims 
        entitled to restitution from the defendant under section 2259 
or 3663, and the defendant has no assets other than property subject to 
forfeiture with which to pay restitution to the victims, the government 
may move to dismiss the forfeiture allegations before entry of a 
judgment of forfeiture to allow the property to be used by the 
defendant to pay restitution in whatever manner the court determines to 
be appropriate if it grants the government's motion.
            ``(2) If an order of forfeiture is entered pursuant to this 
        section and the defendant has no assets other than the 
        forfeited property to pay restitution to identifiable victims 
        who are entitled to restitution, the government shall restore 
        the forfeited property to the victims pursuant to subsection 
        (h)(1) once the ancillary proceeding under subsection (m) has 
        been completed and the costs of the forfeiture action have been 
        deducted. On the motion of the government, the court may enter 
        any order necessary to facilitate the distribution of the 
        property under this subsection.
            ``(3) For purposes of this subsection, a `victim' is a 
        person other than a person with a legal right, title or 
        interest in the forfeited property sufficient to satisfy the 
        standing requirement of subsection (m)(2) who may nevertheless 
        be entitled to restitution from the forfeited funds pursuant to 
        28 CFR part 9.8. A person shall be considered a `victim' if the 
        person is the victim of the offense giving rise to the 
        forfeiture, or of any offense that was part of the same scheme, 
        conspiracy, or pattern of criminal activity, including any 
        offense constituting the underlying specified unlawful 
        activity.''.

                     Subtitle C--Victims Assistance

SEC. 4021. ASSISTANCE FOR FEDERAL LAW ENFORCEMENT VICTIM SERVICES.

    Section 1404(c)(1) of the Victims of Crime Act (42 U.S.C. 
10603(c)(1)) is amended by--
            (1) striking ``and'' at the end of subparagraph (A);
            (2) striking the period at the end of subparagraph (B) and 
        inserting ``;''; and
            (3) adding at the end the following:
                    ``(C) to assist Federal law enforcement agencies in 
                providing services to victims of non-Federal crime;
                    ``(D) for the financial support of services to U.S. 
                citizens who are victims of crime occurring outside the 
                United States; and
                    ``(E) for the establishment of a fellowship or 
                internship program in the Office to utilize the 
                expertise and experience of the victims community to 
                carry out training and technical assistance services 
                and special projects authorized by the subchapter.''.

SEC. 4022. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR MASS 
              VIOLENCE.

    (a) In General.--Section 1404B of the Victims of Crime Act of 1984 
(42 U.S.C. 10603b) is amended to read as follows:

SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR MASS 
              VIOLENCE.

    ``(a) Definitions.--In this section--
            ``(1) the term `eligible crime victim compensation program' 
        means a program that meets the requirements of section 1403(b);
            ``(2) the term `eligible crime victim assistance program' 
        means a program that meets the requirements of section 1404(b);
            ``(3) the term `public agency' includes any Federal, State, 
        or local government or nonprofit organization; and
            ``(4) the term `victim'--
                    ``(A) means an individual who is citizen or 
                employee of the United States, and who is injured or 
                killed as a result of a terrorist act or mass violence, 
                whether occurring within or outside the United States; 
                and
                    ``(B) includes, in the case of an individual 
                described in subparagraph (A) who is deceased, the 
                family members of the individual.
    ``(b) Grants Authorized.--The Director may make grants, as provided 
in either section 1402(d)(4)(B) or 1404--
            ``(1) to States, which shall be used for eligible crime 
        victim compensation programs and eligible crime victim 
        assistance programs for the benefit of victims; and
            ``(2) to victim service organizations, and public agencies 
        that provide emergency or ongoing assistance to victims of 
        crime, which shall be used to provide, for the benefit of 
        victims--
                    ``(A) emergency relief (including compensation, 
                assistance, and crisis response) and other related 
                victim services; and
                    ``(B) training and technical assistance for victim 
                service providers.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed to supplant any compensation available under title VIII of 
the Omnibus Diplomatic Security and Antiterrorism Act of 1986.''.
    (b) Applicability.--The amendment made by this section applies to 
any terrorist act or mass violence occurring on or after December 20, 
1988, with respect to which an investigation or prosecution was ongoing 
after April 24, 1996.

SEC. 4023. AMENDMENT TO THE CRIME VICTIMS WITH DISABILITIES ACT.

    Section 5 of the Crime Victims With Disabilities Awareness Act (42 
U.S.C. 3732 note) is amended to read as follows:

SEC. 5. NATIONAL CRIME VICTIMIZATION SURVEY.

    ``Within one year of the completion of the study ordered under 
section 4, the Bureau of Justice Statistics shall initiate revisions to 
the National Crime Victimization Survey, following a period of 
experimentation and pretesting, designed to systematically gather data 
from individuals with developmental disabilities relating to--
            ``(a) the nature of crimes against such individuals; and
            ``(b) the specific characteristics of such victims.''.

SEC. 4024. EXPANDED JURISDICTION OVER CHILD BUYING AND SELLING 
              OFFENSES.

    Section 2251A(c)(3) of title l8, United States Code, is amended by 
striking ``in any territory or possession of the United States'' and 
inserting ``in the special maritime and territorial jurisdiction of the 
United States or in any commonwealth, territory, or possession of the 
United States''.

                Subtitle D--Health Care Fraud and Abuse

SEC. 4031. ATTORNEY GENERAL'S INJUNCTION AUTHORITY.

    Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is 
amended by adding at the end the following new subsection:
    ``(h) If the Attorney General has reason to believe that a person 
is engaging about to engage in conduct constituting an offense under 
this section, the Attorney General may petition an appropriate United 
States District Court for an order prohibiting that person from 
engaging in such conduct. The court may issue an order prohibiting that 
person from engaging in such conduct if the court finds that the 
conduct constitutes such an offense. The filing of a petition under 
this section does not preclude any other remedy that is available by 
law to the United States or any other person.''.

SEC. 4032. ATTORNEY GENERAL'S AUTHORITY TO SEEK CIVIL PENALTIES.

    Section 1128B of the Social Security Act (42 U.S.C. Sec. 1320a-7b), 
as amended by section 5031 of this Act, is further amended by inserting 
after subsection (f) the following new subsection:
    ``(g)(1) The Attorney General may bring an action in the district 
courts to impose upon any person who carries out any activity in 
violation of this section with respect to a Federal health care program 
a civil penalty of $25,000 to $50,000 for each such violation, and 
damages of three times the total remuneration offered, paid, solicited, 
or received.
    ``(2) A violation exists under paragraph (1) if one or more 
purposes of the remuneration is unlawful, and the damages shall be the 
full amount of such remuneration.
    ``(3) The procedures for actions under paragraph (1) with regard to 
subpoenas, statutes of limitation, standards of proof, and collateral 
estoppel shall be governed by section 3731 of title 31, United States 
Code, and the Federal Rules of Civil Procedure shall apply to actions 
brought under this section.
    ``(4) This section does not affect the availability of other 
criminal and civil remedies that may be available for such 
violations.''.

SEC. 4033. GRAND JURY DISCLOSURE.

    Section 3322 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) A person who is privy to grand jury information concerning a 
Federal health care offense, as defined in section 24 of this title--
            ``(1) received in the course of duty as an attorney for the 
        government; or
            ``(2) disclosed under rule 6(e)(3)(A)(ii) of the Federal 
        Rules of Criminal Procedure;
may disclose that information to an attorney for the government to use 
in any investigation or civil proceeding relating to health care fraud 
or false claims.''.

SEC. 4034. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.

    Subsection (a) of section 3486 of title 18, United States Code, is 
amended by inserting after ``Federal health care offense'', ``, or any 
allegation of health care fraud or false claims (whether criminal or 
civil),''.

SEC. 4035. STUDY AND REPORT ON HEALTH CARE FRAUD SENTENCES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend its guidelines and 
its policy statements applicable to persons convicted of health care 
fraud offenses.
    (b) Requirements.--In carrying out this section, the Sentencing 
Commission shall:
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the serious harms associated with health 
        care fraud and the need for aggressive and appropriate law 
        enforcement action to prevent such fraud;
            (2) consider providing increased penalties for persons 
        convicted of health care fraud offenses in appropriate 
        circumstances;
            (3) consult with individuals or groups representing health 
        care fraud victims, law enforcement officials, the health care 
        industry, and the Federal judiciary as part of the review 
        described in subsection (a);
            (4) assure reasonable consistency with other relevant 
        directives and with other guidelines;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the sentencing guidelines currently provide sentencing 
        enhancements;
            (6) make any necessary conforming changes to the sentencing 
        guidelines; and
            (7) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.
    (c) Report.--Not later than December 31, 2000, the United States 
Sentencing Commission shall submit a report to Congress on issues 
relating to health care fraud. The report shall explain the changes, if 
any, to sentencing policy made by the Sentencing Commission in response 
to this section and include any recommendations that the Commission may 
have for retention or modification of current penalty levels, including 
statutory penalty levels, for health care fraud offenses.

SEC. 4036. PROVISIONS PROTECTING THE INTERESTS OF FALSE CLAIMS ACT 
              MATTERS IN BANKRUPTCY PROCEEDINGS.

    (a) Certain Actions Not Stayed by Bankruptcy Proceedings.--The 
commencement or continuation of an action under sections 3729 through 
3733 of title 31, United States Code, shall not be stayed by section 
362(a)(1), (a)(2), (a)(3) or (a)(6) or under section 105(a) of title 
11, United States Code.
    (b) Certain Debts Not Dischargeable in Bankruptcy.--No debt owed to 
the United States for violating sections 3729 through 3733 of title 31, 
United States Code, or under a compromise or other agreement resolving 
such a debt shall be discharged under title 11, United States Code.
    (c) Repayment of Certain Debts Considered Final.--No transfer on 
account of a debt owed to the United States for violating sections 3729 
through 3733 of title 31, United States Code, or under a compromise or 
other agreement resolving such a debt shall be avoided under section 
544, 545, 547, 548, 549, 553(b) or 724(a) of title 11, United States 
Code.

SEC. 4037. EXTENDING ANTI-FRAUD SAFEGUARDS TO THE FEDERAL EMPLOYEES 
              HEALTH BENEFITS PROGRAM.

    (a) Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 
Sec. 1320a-7b(f)(1)) is amended by striking ``(other than the health 
insurance program under chapter 89 of title 5, United States Code)''.

SEC. 4038. PREVENTING AND PUNISHING ABUSE AND NEGLECT OF ELDERLY AND 
              OTHER RESIDENTS IN NURSING HOMES AND RESIDENTIAL HEALTH 
              CARE FACILITIES.

    (a) Short Title.--This section may be cited as the ``Nursing Home 
Abuse and Neglect Prevention and Punishment Act of 2000''.
    (b) Protection of Residents in Nursing Homes and Other Residential 
Health Care Facilities.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1348. Pattern of violations resulting in harm to residents of 
              nursing homes and related facilities
    ``(a) Offense.--Whoever engages in a pattern of knowing and willful 
violations of Federal laws, regulations, or rules, or State laws 
governing the health, safety, or care of individuals residing in a 
residential health care facility or facilities that results in 
significant physical or mental harm to one or more such residents, 
shall be punished as provided in section 1347, except that any 
organization shall be fined not more than $2,000,000 per residential 
health care facility.
    ``(b) Civil Provisions.--
            ``(1) Civil penalties.--The Attorney General may bring an 
        action in a United States district court to impose on any 
        individual or entity that engages in a pattern of violations of 
        Federal laws, regulations, or rules, or State laws, which 
        violations affect the health, safety, or care of individuals 
        residing in a residential health care facility and where such 
        pattern results in physical or mental harm to one or more such 
        residents, a civil penalty of--
                    ``(A) in the case of an individual (other than an 
                owner, operator, officer or manager of such a 
                residential health care facility) up to $10,000;
                    ``(B) in the case of an individual who is an owner, 
                operator, officer or manager of such a residential 
                health care facility up to $100,000 for each separate 
                facility involved in the pattern of violations under 
                this section; or
                    ``(C) in the case of a residential health care 
                facility up to $1,000,000 for each pattern of 
                violations, and in the case of an entity up to 
                $1,000,000 for each separate residential health care 
                facility involved in the pattern of violations owned or 
                managed by that entity.
            ``(2) Other appropriate relief.--If the Attorney General 
        has reason to believe that an individual or entity is engaging 
        in or is about to engage in a pattern of violations of Federal 
        laws, regulations, or rules, or State laws, which violations 
        affect the health, safety, or care of individuals residing in a 
        residential health care facility, and where such pattern 
results in or has the potential for resulting in physical or mental 
harm to one or more such residents, the Attorney General may petition 
an appropriate United States district court for appropriate equitable 
and declaratory relief to eliminate the pattern.
            ``(3) Procedures for this subsection.--
                    ``(A) A subpoena requiring the attendance of a 
                witness at a trial or hearing conducted under this 
                subsection may be served at any place in the United 
                States.
                    ``(B) An action brought under paragraph (1) of this 
                subsection may not be brought more than 6 years after 
                the date on which the violation of this subsection 
                occurred.
                    ``(C) The United States shall be required to prove 
                all actions under this subsection by a preponderance of 
                the evidence.
                    ``(D) The Civil Investigative Demand procedures set 
                forth in the Antitrust Civil Process Act (15 U.S.C. 
                1311-14) and regulations promulgated pursuant thereto 
                shall apply to investigations and actions pursued under 
                this subsection.
                    ``(E) The filing or resolution of a matter under 
                this subsection does not preclude any other remedy that 
                is available to the United States or any other person.
    ``(c) Prohibition Against Retaliation.--Any person who is the 
subject of retaliation, either directly or indirectly, for reporting 
conditions that may constitute a violation of this section shall be 
authorized to bring an action in an appropriate United States district 
court for damages, attorneys' fees and other relief.
    ``(d) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) `Residential health care facility' means any facility 
        (including any facility that does not exclusively provide 
        residential health care services) including but not limited to 
        skilled and unskilled nursing facilities and mental health and 
        mental retardation facilities, that receives Federal funds, 
        directly from the Federal Government or indirectly from a third 
        party on contract with or receiving a grant or other monies 
        from the Federal Government, to provide health care, or that 
        provides health care services in a residential setting and 
        that, in any calendar year in which a violation occurs, is the 
        recipient of benefits or payments in excess of $10,000 from a 
        Federal Health Care Program.
            ``(2) `Entity' means any residential health care facility 
        (including facilities that do not exclusively provide 
        residential health care services), any entity that manages a 
        residential health care facility, or any entity that owns, 
        directly or indirectly, a controlling interest or a 50 percent 
        or greater interest in one or more residential health care 
        facilities, including States, localities and political 
        subdivisions thereof.
            ``(3) `Federal Health Care Program' means--
                    ``(A) any plan or program that provides health 
                benefits, whether directly, through insurance, or 
                otherwise, which is funded directly, in whole or in 
                part, by the United States Government; or
                    ``(B) any State health care program, as defined in 
                Section 1128(h) of the Social Security Act (42 U.S.C. 
                1320a-7(h)).
            ``(4) `Pattern of violations' means either--
                    ``(A) multiple violations of a single law, 
                regulation, or rule; or
                    ``(B) single violations of multiple laws, 
                regulations, or rules, that are widespread, systemic, 
                repeated, similar in nature, or result from a policy or 
                practice.
            ``(5) `State' means a state of the United States, the 
        District of Columbia, and any commonwealth, territory, or 
        possession of the United States.''.
    (c) Authorized Investigative Demand Procedures.--Section 3486(a)(1) 
of title 18, United States Code, is amended by inserting after 
``Federal health care offense'', ``or act or activity involving section 
1348 of this title''.
    (d) The table of sections for chapter 63 of title 18, United States 
Code, is amended by adding at the end:

``1348. Pattern of violations resulting in harm to residents of nursing 
                            homes and related facilities.''.

                       Subtitle E--Consumer Fraud

SEC. 4041. BLOCKING TELEMARKETING SCAMS.

    Chapter 113A of title 18, United States Code, is amended--
    (a) by adding at the end the following new section:
``Sec. 2328. Blocking or termination of service by electronic 
              communication service
    ``(a) In General.--Any United States district court (including any 
magistrate judge of such court), upon application by the Attorney 
General, may enter an ex parte order directing an electronic 
communication service to block or terminate service to any telephone 
number, or to terminate service to any other subscriber number or 
identity, if the court determines that--
            ``(1) there is probable cause to believe that a person is 
        committing or about to commit an offense listed in section 2326 
        of this title in connection with the conduct of telemarketing, 
        and is using that telephone number or subscriber number or 
        identity in furtherance of that offense; and
            ``(2) such order is warranted to prevent a continuing and 
        substantial injury to the United States or to any person or 
        class of persons for whose protection the application is made.
Such order may be temporary or permanent, and may include provisions 
authorizing the electronic communication service to resume service to 
the telephone number or other subscriber number or identity specified 
in the order if that number or identity has been reassigned to another 
subscriber. The order shall be served on an electronic communication 
service by delivering a copy to the service's principal place of 
business, and shall be served on a subscriber by delivering a copy to 
the subscriber personally, by leaving a copy at the subscriber's 
principal place of business with some person of suitable age and 
discretion then employed therein or at the subscriber's dwelling house 
or usual place of abode with some person of suitable age and discretion 
then residing therein, or by mailing a copy to the subscriber's last 
known address.
    ``(b) Hearing.--Subsequent to the issuance of an order pursuant to 
subsection (a), any person whose service has been blocked or terminated 
may move the court to quash or modify the order. The movant shall have 
the burden of proof to show good cause therefor. The court shall 
proceed as soon as practicable to the hearing and determination of such 
a motion. A proceeding under this subsection is governed by the Federal 
Rules of Civil Procedure, except that, if an indictment has been 
returned against any person to whom the court's finding of probable 
cause in subsection (a) relates, discovery is governed by the Federal 
Rules of Criminal Procedure.
    ``(c) Preclusion of Causes of Action.--No cause of action shall lie 
in any court against any electronic communication service, its 
officers, employees, agents, or other specified persons for taking any 
action, or providing information, facilities, or assistance for such 
action, in accordance with the terms of a court order under this 
section.
    ``(d) Definitions.--For purposes of this section, the term 
`electronic communication service' has the definition given such term 
in section 2510 of this title.'';
    (b) in section 2325, by inserting ``or electronic communications'' 
after ``telephone calls''; and
    (c) in the table of sections for chapter 113A of title 18, United 
States Code, by adding at the end the following:

``2328. Blocking or termination of service by electronic communication 
                            service.''.

   Subtitle F--Pension-Welfare and Labor-Management Racketeering Act

SEC. 4051. FRAUD IN RELATION TO RETIREMENT ARRANGEMENTS.

    (a) In General.--Chapter 63 of title 18, United States Code, as 
amended by section 5038 of this Act, is further amended by inserting 
after section 1347 the following:
``Sec. 1349. Fraud in relation to retirement arrangements
    ``(a) Whoever executes, or attempts to execute, a scheme or 
artifice--
            ``(1) to defraud any retirement arrangement or other person 
        in connection with the establishment or maintenance of a 
        retirement arrangement; or
            ``(2) to obtain, by means of false or fraudulent pretenses, 
        representations, or promises, any of the money or property 
        owned by, or under the custody or control of, any retirement 
        arrangement or other person in connection with the 
        establishment or maintenance of a retirement arrangement shall 
        be fined under this title or imprisoned not more than ten 
        years, or both.
    ``(b) As used in this section, the term `retirement arrangement' 
means--
    ``(1) any employee pension benefit plan subject to any provision of 
title I of the Employee Retirement Income Security Act of 1974;
            ``(2) any qualified retirement plan within the meaning of 
        section 4974(c) of the Internal Revenue Code of 1986, including 
        any arrangement which has been represented to be a qualified 
        retirement plan;
            ``(3) any medical savings account described in section 220 
        of the Internal Revenue Code of 1986; or
            ``(4) funds established within the Thrift Savings Fund by 
        the Federal Retirement Thrift Investment Board pursuant to 
        subchapter III of chapter 84 of title 5, United States Code.
    ``(c) For purposes of this section, the terms ``retirement 
arrangement'' shall not include any ``governmental plan'' as defined in 
section 3(32) of title I of the Employee Retirement Income Security Act 
of 1974 except as provided in paragraph (4) of subsection (b).
    ``(d) The Attorney General shall have the responsibility and 
authority to investigate violations of this section. Nothing shall 
preclude the Secretary of Labor and other appropriate Federal agencies 
from investigating violations of this section relating to employee 
benefit plans subject to title I of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1001 et seq.).''.
    (b) The table of sections for chapter 63 of title 18, United States 
Code, is amended by adding at the end:

``1349. Retirement Fraud.''.

SEC. 4052. CIVIL PENALTY FOR VIOLATION OF SECTION 1348.

    (a) In General.--Chapter 63 of title 18, United States Code, as 
amended by sections 5038 and 5051 of this Act, is further amended by 
inserting after section 1349 the following:
``Sec. 1350. Civil penalty for violation of section 1348
    ``(a) Except as provided in subsection (b) of this section, the 
Attorney General may bring a civil action in the appropriate United 
States district court against any person who engages in conduct 
constituting an offense under section 1348 or conspiracy to violate 
section 1348 and, upon proof of such conduct by a preponderance of the 
evidence, such person shall be subject to a civil penalty of the 
greater of the amount of pecuniary gain to the violator, the amount of 
pecuniary loss sustained by the victim, or $50,000 for each violation 
in the case of an individual or $100,000 in the case of an 
organization. The imposition of a civil penalty under this subsection 
does not preclude any other criminal or civil statutory, common law, or 
administrative remedy which is available by law to the United States or 
any other person.
    ``(b) No civil penalty may be imposed pursuant to subsection (a) 
with respect to conduct involving a retirement arrangement which is 
also an employee pension benefit plan subject to title I of Employee 
Retirement Income Security Act of 1974 and for which the civil 
penalties may be imposed under section 502 of Employee Retirement 
Income Security Act of 1974, (29 U.S.C. 1132). The district court may 
waive or reduce a penalty under subsection (a) if the district court 
determines that the violator or other person may not be able to restore 
all losses to the victims (or to provide other relief ordered in 
another civil or criminal prosecution related to such conduct, 
including any penalty or tax imposed on the violator or other person 
pursuant to the Internal Revenue Code of 1986) without severe financial 
hardship unless such waiver or reduction is granted.''.
    (b) Clerical Amendment.--The table of sections for chapter 63 of 
title 18, United States Code, as amended by sections 5038 and 5051 of 
this Act, is further amended by inserting after the item relating to 
section 1349 the following:

``1350. Civil penalty for violation of section 1348.''.

SEC. 4053. BRIBERY AND GRAFT IN CONNECTION WITH EMPLOYEE BENEFIT PLANS.

    (a) Section 1954 of title 18, United States Code, is amended to 
read as follows:
``Sec. 1954. Bribery and graft in connection with employee benefit 
              plans
    ``(a) Whoever--
            ``(1) being--
                    ``(A) an administrator, officer, trustee, 
                custodian, counsel, agent, or employee of any employee 
                benefit plan; or
                    ``(B) an officer, counsel, agent, or employee of an 
                employer or an employer any of whose employees are 
                covered by such plan; or
                    ``(C) an officer, counsel, agent, or employee of an 
                employee organization any of whose members are covered 
                by such plan; or
                    ``(D) a person who, or an officer, counsel, agent, 
                or employee of an organization which, provides benefit 
                plan services to such plan; or
                    ``(E) a person with actual or apparent influence or 
                decision-making authority in regard to such plan, 
                receives or agrees to receive or solicits, any fee, 
                kickback, commission, gift, loan, money, or thing of 
                value, personally or for any other person, with intent 
                to be influenced with respect to any of his actions, 
                decisions, or duties relating to any question or matter 
                concerning such plan,
            ``(2) directly or indirectly, gives or offers, or promises 
        to give or offer, any fee, kickback, commission, gift, loan, 
        money, or thing of value, to any person described in 
        subparagraphs (A) through (E) of paragraph (1), with intent to 
        influence any of the actions, decisions or duties of such 
        person relating to any question or matter concerning an 
        employee benefit plan; or
            ``(3) attempts to give, accept, or receive any thing of 
        value in violation of this subsection, shall be fined under 
        this title or imprisoned for not more than ten years, or both.
    ``(b) Whoever--
            ``(1) being any person described in subparagraphs (A) 
        through (E) of paragraph (1) of subsection (a), receives or 
        agrees to receive or solicits, any fee, kickback, commission, 
        gift, loan, money, or thing of value, personally or for any 
        other person, because of any of his actions, decisions or 
        duties relating to any question or matter concerning such plan;
            ``(2) directly or indirectly, gives or offers, or promises 
        to give or offer, any fee, kickback, commission, gift, loan, 
        money, or thing of value, to any person described in 
        subparagraphs (A) through (E) of paragraph (1) of subsection 
        (a), because of any of the actions, decisions, or duties of 
        such person relating to any question or matter concerning an 
        employee benefit plan; or
            ``(3) attempts to give, accept, or receive any thing of 
        value in violation of this subsection, shall be fined under 
        this title or imprisoned for not more than five years, or both.
    ``(c)(1) This section shall not prohibit the payment to or 
acceptance by any person of bona fide salary, compensation, or other 
payments made for goods or facilities actually furnished or for 
services actually performed in the regular course of his duties as such 
person, administrator, officer, trustee, custodian, counsel, agent, or 
employee of such plan, employer, employee organization, or organization 
providing employee benefit plan services to such plan, or as a person 
with actual or apparent influence or decision-making authority in 
regard to such plan.
    ``(2) This section shall not prohibit the payment to or acceptance 
in good faith by any employee benefit plan sponsor, or person acting on 
the sponsor's behalf of any thing of value relating to the sponsor's 
decision or action to establish, terminate, or modify the governing 
instruments of an employee benefit plan in a manner which does not 
violate title I of the Employee Retirement Income Security Act of 1974, 
or any regulation or order promulgated thereunder, or any other law 
governing the plan.
    ``(d) For the purpose of this section--
            ``(1) the term `employee benefit plan' means any employee 
        welfare benefit plan or employee pension benefit plan subject 
        to any provision of title I of the Employee Retirement Income 
        Security Act of 1974; and
            ``(2) the terms `employee organization', `administrator', 
        and `employee benefit plan sponsor' mean any employee 
        organization, administrator, or plan sponsor as defined in 
        title I of the Employee Retirement Income Security Act of 
        1974.''.
    (b) The table of sections for chapter 95 of title 18, United States 
Code, is amended by amending the item relating to section 1954 to read 
as follows:

``1954. Bribery and graft in connection with employee benefit plans.''.

SEC. 4054. INCREASED PENALTY FOR THEFT AND EMBEZZLEMENT FROM EMPLOYEE 
              BENEFIT PLANS AND CONNECTED FUNDS.

    Section 664 of Title 18, United States Code, is amended by striking 
``five years'' and inserting ``ten years''.

SEC. 4055. PAYMENTS OF THINGS OF VALUE TO PERSONS WITH ACTUAL OR 
              APPARENT INFLUENCE OR DECISION-MAKING AUTHORITY.

    Subsection (a) of section 302 of the Labor Management Relations Act 
of 1947 (29 U.S.C. 186(a)) is amended--
            (1) by striking the period at the end of paragraph (4) and 
        inserting ``; or''; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) to any person with actual or apparent influence or 
        decision-making authority in regard to any labor organization 
        with the intent to influence such person's duties, actions, or 
        decisions relating to any question or matter concerning such 
        labor organization.''.

SEC. 4056. RECEIPT OF THINGS OF VALUE BY PERSONS WITH ACTUAL OR 
              APPARENT INFLUENCE OR DECISION-MAKING AUTHORITY.

    Subsection (b) of section 302 of the Labor Management Relations Act 
of 1947 (29 U.S.C. 186(b)) is amended--
            (1) in paragraph (1), by inserting ``(1) through (4)'' 
        after ``prohibited by subsection (a)'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) It shall be unlawful for any person with actual or 
        apparent influence or decision-making authority in regard to a 
        labor organization to request, demand, receive, or accept, or 
        agree to receive or accept, any payment, loan, or delivery of 
        any money or other thing of value, from any employer, 
        association of employers, or any person who acts as a labor 
        relations expert, advisor, or consultant to an employer, or who 
        acts in the interest of an employer, with intent to be 
        influenced with respect to such person's duties, actions, or 
        decisions relating to any question or matter concerning such 
        labor organization.''.

SEC. 4057. ATTEMPT TO VIOLATE TAFT-HARTLEY SECTION 302.

    Subsection (d)(2) of section 302 of the Labor Management Relations 
Act of 1947 (29 U.S.C. 186(d)(2)), is amended by inserting ``, or 
willfully attempts to pay, lend, deliver, receive, or accept in 
violation of,'' after ``willfully violates''.

SEC. 4058. FORFEITURE FOR RETIREMENT OFFENSES.

    (a) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is amended by inserting after paragraph (8) the following new 
paragraph:
            ``(9)(A) The court, in imposing sentence on a person 
        convicted of a retirement offense, shall order the person to 
        forfeit property, real or personal, that constitutes or is 
        derived, directly or indirectly, from proceeds traceable to the 
        commission of the offense;
            ``(B) For purposes of this paragraph, the term ``retirement 
        offense'' means a violation of, a criminal conspiracy to 
        violate, or a solicitation to commit a crime of violence 
        involving a violation of any of the following provisions if the 
        violation, conspiracy, or solicitation relates to a retirement 
        arrangement as defined in section 1348 of this title:
                    ``(i) section 664, 1001, 1027, 1341, 1343, 1348, 
                1951, 1952, or 1954 of this title; or
                    ``(ii) section 411, 501, or 511 of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 1111, 
                1131, or 1141).''.
    (b) Civil Forfeiture.--Section 981(a)(1) of title 18, United States 
Code, is amended by inserting after paragraph (F) the following new 
paragraph:
                    ``(G) Any property, real or personal, that 
                constitutes or is derived, directly or indirectly, from 
                proceeds traceable to the commission of a violation of, 
                a criminal conspiracy to violate, or a solicitation to 
                commit a crime of violence involving a retirement 
                offense as that term is defined in section 
                982(a)(9)(B).''.

          Subtitle G--Environmental Crimes and Enforcement Act

SEC. 4071. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL ENVIRONMENTAL 
              ENFORCEMENT.

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by inserting after section 3673 the following:
``Sec. 3674. Reimbursement of State, local, or tribal government costs 
              for assistance in Federal investigation and prosecution 
              of environmental crimes
    ``(a) Upon the motion of the United States, any person who is found 
guilty of a criminal violation of the Federal environmental laws set 
forth in subsection (b) below, or conspiracy to violate such laws, may 
be ordered to pay the costs incurred by a State, local, or tribal 
government or an agency thereof for assistance to the Federal 
Government's investigation and criminal prosecution of the case. Such 
moneys shall be paid to the State, local, or tribal government or 
agency thereof and be used solely for the purpose of environmental law 
enforcement.
    ``(b) This section applies to a violation of, or a conspiracy to 
violate, any of the following provisions of law:
            ``(1) Section 14(b) of the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136l(b)).
            ``(2) Section 16(b) of the Toxic Substances Control Act (15 
        U.S.C. 2615(b)).
            ``(3) Sections 10, 12, 13, and 16 of the Rivers and Harbors 
        Appropriations Act of 1899 (33 U.S.C. 403, 406, 407, 411).
            ``(4) Sections 309(c) and 311(b)(5) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5)).
            ``(5) Section 105(b) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)).
            ``(6) Section 9(a) of the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1908(a)).
            ``(7) Section 4109(c) of the Shore Protection Act of 1988 
        (33 U.S.C. 2609(c)).
            ``(8) Sections 1423 and 1432 of the Safe Drinking Water Act 
        (42 U.S.C. 300h-2, 300i-1).
            ``(9) Sections 3008(d), 3008(e), and 3008(i) of the 
        Resource Conservation and Recovery Act of 1976 (42 U.S.C. 
        6928(d), 6928(e), 6928(i)).
            ``(10) Section 113(c) of the Clean Air Act (42 U.S.C. 
        7413(c)).
            ``(11) Sections 103(b) and 103(d) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9603(b), 9603(d)).
            ``(12) Section 325(b)(4) of the Emergency Planning and 
        Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)).
            ``(13) Section 303(a) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1733(a)).
            ``(14) Sections 5124, 60123(a), and 60123(b) of title 49, 
        United States Code.''.
    (b) Clerical Amendment.--The table of sections for chapter 232 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``3674. Reimbursement of State, local, or tribal government costs for 
                            assistance in Federal investigation and 
                            prosecution of environmental crimes.''.

SEC. 4072. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC.

    (a) In General.--Chapter 39 of title 18, United States Code, is 
amended by adding the following new section:
``Sec. 838. Protection of government employees and the public from 
              environmental crimes
    ``(a)(1) Any person who commits a criminal violation of a Federal 
environmental law identified in this subsection that is the direct or 
proximate cause of serious bodily injury to or the death of any other 
person, including a Federal, State, local, or tribal government 
employee performing official duties as a result of the violation, shall 
be subject to imprisonment for not more than 20 years, of a fine of not 
more than $500,000, or both, but, if the defendant is an organization, 
it shall be subject to a fine of not more than $2,000,000.
    ``(2) The provisions of law to which this subsection applies are--
            ``(A) section 309(c)(2), 309(c)(4), or 311(b)(5) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1319(c)(2), 
        1319(c)(4), 1321(b)(5));
            ``(B) section 105(b) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
            ``(C) section 1423 or 1432 of the Safe Drinking Water Act 
        (42 U.S.C. 300h-2, 300i-1);
            ``(D) section 3008(d) of the Resource Conservation and 
        Recovery Act of 1976 (42 U.S.C. 6928(d));
            ``(E) section 113(c)(1) or 113(c)(2) of the Clean Air Act 
        (42 U.S.C. 7413(c)(1), 7413(c)(2));
            ``(F) section 103(b) or 103(d) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9603(b), 9603(d));
            ``(G) section 325(b)(4) of the Emergency Planning and 
        Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
            ``(H) section 5124, 60123(a), or 60123(b) of title 49, 
        United States Code.
    ``(b)(1) Any person who commits a criminal violation of Federal 
environmental law identified in this subsection that is the direct or 
proximate cause of serious bodily injury to or the death of any other 
person, including a Federal, State, local, or tribal government 
employee performing official duties as a result of the violation, shall 
be subject to imprisonment for not more than 5 years, fined under this 
title, or both, but if the defendant is an organization, it shall be 
subject to a fine of not more than $1,000,000.
    ``(2) The provisions of law to which this subsection applies are--
            ``(A) section 14(b) of the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136l(b)); and
            ``(B) section 16(b) of the Toxic Substances Control Act (15 
        U.S.C. 2615(b)).
    ``(c) For purposes of this section, the term `serious bodily 
injury' means bodily injury which involves--
            ``(1) unconsciousness;
            ``(2) extreme physical pain;
            ``(3) protracted and obvious disfigurement; or
            ``(4) protracted loss or impairment of the function of a 
        bodily member, organ, or mental faculty.
    ``(d) For purposes of this section, the term `organization' means a 
legal entity, other than a government, established or organized for any 
purpose, and such term includes a corporation, company, association, 
firm, partnership, joint stock company, foundation, institution, trust, 
society, union, or any other association of persons.''.
    (b) Clerical Amendment.--The table of sections for chapter 39 of 
title 18, United States Code, is amended by inserting at the end the 
following:

    ``838. Protection of government employees and the public from 
                            environmental crimes.''.

SEC. 4073. ESTABLISHMENT OF THE STATE, LOCAL AND TRIBAL ENVIRONMENTAL 
              ENFORCEMENT TRAINING PROGRAM.

    The Administrator of the Environmental Protection Agency, as soon 
as practicable, within the Office of Enforcement and Compliance 
Assurance, shall establish the State, local, and Tribal Environmental 
Enforcement Training Program to be administered by the National 
Enforcement Training Institute within the Office of Criminal 
Enforcement, Forensics and Training. This Program shall be dedicated to 
training State, local, and tribal law enforcement personnel in the 
investigation of environmental crimes at the Federal Law Enforcement 
Training Center (FLETC) in Glynn County, Georgia, at the EPA-FLETC 
training center, or at other training sites which are accessible to 
State, local, and tribal law enforcement. State, local, and tribal law 
enforcement personnel shall include, among others, the following: 
inspectors, civil and criminal investigators, technical experts, 
regulators, government lawyers, and police.

SEC. 4074. STATUTE OF LIMITATIONS.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding after section 3294 the following new section:
``Sec. 3295A. Felony environmental crimes
    ``(a) No person shall be prosecuted, tried, or punished for a 
violation of, or a conspiracy to violate, any of the offenses listed in 
subsection (b), unless the indictment is returned or the information is 
filed within 5 years after the offense is committed. However, when a 
person commits an affirmative act that conceals the offense from any 
Federal, State, local, or tribal government agency, that person shall 
not be prosecuted, tried, or punished for a violation of, or a 
conspiracy to violate, any of the offenses listed below in subsection 
(b) unless the indictment is returned or the information is filed 
within 5 years after the offense is committed, or within 3 years after 
the offense is discovered by a government agency, whichever is later 
but in no event later than 8 years after the offense is committed.
    ``(b) This section applies to a violation of--
            ``(1) section 309(c)(2), 309(c)(3), 309(c)(4), or 311(b)(5) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1319(c)(2), 1319(c)(3), 1319(c)(4), 1321(b)(5));
            ``(2) section 105(b) of the Marine Protection, Research, 
        and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
            ``(3) section 9(a) of the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1908(a));
            ``(4) section 4109(c) of the Shore Protection Act of 1988 
        (33 U.S.C. 2609(c));
            ``(5) section 1423 or 1432 of the Safe Drinking Water Act 
        (42 U.S.C. 300h-2, 300i-1);
            ``(6) section 3008(d) or 3008(e) of the Resource 
        Conservation and Recovery Act of 1976 (42 U.S.C. 6928(d), 
        6928(e));
            ``(7) section 113(c)(1), 113(c)(2), 113(c)(3), or 113(c)(5) 
        of the Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2), 
        7413(c)(3), 7413(c)(5));
            ``(8) section 103(b) or 103(d) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9603(b), 9603(d));
            ``(9) section 325(b)(4) of the Emergency Planning and 
        Community Right-to-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
            ``(10) section 5124, 60123(a), or 60123(b) of title 49, 
        United States Code.''.
    (b) Clerical Amendment.--The table of sections of chapter 213 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3294 the following new item:

``3295A. Felony environmental crimes.''.

SEC. 4075. ATTEMPTS.

    (a) Federal Insecticide, Fungicide, and Rodenticide Act.--Section 
14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136l(b)) is amended by adding at the end the following new 
paragraph:
            ``(5) Attempts.--Any person who attempts to commit the 
        conduct that constitutes an offense under paragraph (1) of this 
        subsection shall be subject to the same penalties as those 
        prescribed for such an offense.''.
    (b) Toxic Substances Control Act.--Section 16(b) of the Toxic 
Substances Control Act (15 U.S.C. 2615(b)), is amended by--
            (1) inserting ``(1)'' before ``Any''; and
            (2) adding at the end the following new paragraph:
            ``(2) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraph (1) of this subsection 
        shall be subject to the same penalties as those prescribed for 
        such offense.''.
    (c) Federal Water Pollution Control Act.--Section 309(c) of the 
Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by 
adding after paragraph (7) the following new paragraph:
            ``(8) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraph (2), (3), or (4) of 
        this subsection shall be subject to the same penalties as those 
        prescribed for such offense.''.
    (d) Ocean Dumping.--Section 105(b) of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended 
by--
            (1) striking ``and'' at the end of paragraph (1);
            (2) striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) adding after paragraph (2) the following new paragraph:
            ``(3) any person who attempts to commit conduct that 
        constitutes an offense under paragraph (1) of this subsection 
        shall be subject to the same penalties as those prescribed for 
        such offense.''.
    (e) MARPOL.--Section 9(a) of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1908(a)) is amended by--
            (1) inserting ``(1)'' before ``A person''; and
            (2) adding at the end the following new paragraph:
            ``(2) Any person who attempts to commit conduct that 
        constitutes an offense under paragraph (1) of this subsection 
        shall be subject to the same penalties as those prescribed for 
        such offense.''.
    (f) Solid Waste Disposal Act.--Section 3008 of the Solid Waste 
Disposal Act (42 U.S.C. 6928) is amended by adding after subsection (h) 
the following new subsection:
            ``(i) Any person who attempts to commit the conduct that 
        constitutes any offense under subsection (d) or (e) of this 
        section shall be subject to the same penalties as those 
        prescribed for such offense.''.
    (g) Clean Air Act.--Section 113(c) of the Clean Air Act (42 U.S.C. 
7413(c)) is amended by adding after paragraph (6) the following new 
paragraph:
            ``(7) Any person who attempts to commit the conduct that 
        constitutes any offense under paragraphs (1), (2), or (3) of 
        this subsection shall be subject to the same penalties as those 
        prescribed for such offense.''.

SEC. 4076. ENVIRONMENTAL CRIMES RESTITUTION.

    (a) Generally.--Section 3663(a)(1) of title 18, United States Code, 
is amended by--
            (1) striking ``or'' before ``section 46312'' ; and
            (2) inserting ``or an environmental crime listed in section 
        3674 of this title,'' after ``section 3663``(c),''.
    (b) Definition of ``Victim''.--Subsection 3663(b) of title 18, 
United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (5) the following:
            ``(6) in the case of an offense resulting in pollution of 
        or damage to the environment, pay for removal and remediation 
        of the environmental pollution or damage and restoration of the 
        environment to the extent of the pollution or damage resulting 
        from the offense, and in such a case, the term `victim' in 
        section 3663(a)(2) includes a community or communities, whether 
        or not the members are individually identified.''.

SEC. 4077. PREVENTION OF ALIENATION OR DISPOSAL OF ASSETS NEEDED TO 
              REMEDY ENVIRONMENTAL HARMS CAUSED BY ENVIRONMENTAL 
              CRIMES.

    (a) In General.--Chapter 39 of title 18, United States Code, is 
amended by inserting after section 838 the following:
``Sec. 839. Prejudgment orders to secure payment for environmental 
              damage
    ``(a) In General.--At the time of the filing of an indictment or 
information for the violation of any of the statutory provisions set 
forth in section 838(a) of this title, or at any time thereafter, if, 
after notice to the defendant, the United States shows probable cause 
to believe that--
            ``(1) the defendant will conceal, alienate, or dispose of 
        property, or place property outside the jurisdiction of the 
        Federal district courts; and
            ``(2) the defendant will thereby reduce or impair the 
        defendant's ability to pay restitution, in whole or in part, 
        including removal and remediation of environmental pollution or 
        damage and restoration of the environment resulting from the 
        statutory violation, the court may order the defendant not to 
        alienate or dispose of any such property, or place such 
        property outside the jurisdiction of the United States district 
        courts, without leave of the court. The Government shall bear 
        the burden of proving, by a preponderance of the evidence, the 
        projected cost for the removal and remediation of the 
        environmental pollution or damage and restoration of the 
        environment.
    ``(b) Defenses.--The defendant may establish the following 
affirmative defenses to a motion by the Government under this section:
            ``(1) That the defendant possesses other assets sufficient 
        to pay restitution, including the costs of removal and 
        remediation of the environmental pollution or damage and 
        restoration of the environment resulting from the statutory 
        violation, provided that the defendant places those other 
        assets under the control of the court.
            ``(2) That the defendant has made full restitution, 
        including the removal and remediation of the environmental 
        pollution or damage and restoration of the environment.
    ``(c) Procedures.--Any proceeding under this section is governed by 
the Federal Rules of Criminal Procedure.
    ``(d) Property Defined.--For the purposes of this section, 
`property' shall include--
            ``(1) real property, including things growing on, affixed 
        to, and found in or on land; and
            ``(2) tangible and intangible personal property, including 
        money, rights, privileges, interests, claims, and securities.
    ``(e) Expiration of Order.--The court may amend an order issued 
pursuant to this section at any time. In no event, however, shall the 
order extend beyond sentencing, in the case of a conviction, or a 
dismissal or acquittal of the prosecution.
    ``(f) All Writs Act.--Nothing in this section diminishes the powers 
of the court otherwise available under section 1651 of title 28.''.
    (b) Clerical Amendment.--The table of sections for chapter 39 of 
title 18, United States Code, is amended by adding after the item 
relating to section 838 the following new item:

    ``839. Prejudgment orders to secure payment for environmental 
                            damage.''.

                 Subtitle H--Hate Crimes Prevention Act

SEC. 4081. SHORT TITLE.

    Subtitle H of this title may be cited as the ``Hate Crimes 
Prevention Act of 2000''.

SEC. 4082. STATEMENT OF FINDINGS.

    Congress finds that--
            (1) The incidence of violence motivated by the actual or 
        perceived race, color, national origin, religion, sexual 
        orientation, gender, or disability of the victim poses a 
        serious national problem;
            (2) such violence disrupts the tranquility and safety of 
        communities and is deeply divisive;
            (3) existing Federal law is inadequate to address this 
        problem;
            (4) such violence affects interstate commerce in many ways, 
        including--
                    (A) by impeding the movement of members of targeted 
                groups and forcing such members to move across State 
                lines to escape the incidence or risk of such violence; 
                and
                    (B) by preventing members of targeted groups from 
                purchasing goods and services, obtaining or sustaining 
                employment or participating in other commercial 
                activity;
            (5) perpetrators cross State lines to commit such violence;
            (6) instrumentalities of interstate commerce are used to 
        facilitate the commission of such violence;
            (7) such violence is committed using articles that have 
        traveled in interstate commerce;
            (8) violence motivated by bias that is a relic of slavery 
        can constitute badges and incidents of slavery;
            (9) although many State and local authorities are now and 
        will continue to be responsible for prosecuting the 
        overwhelming majority of violent crimes in the United States, 
        including violent crimes motivated by bias, Federal 
        jurisdiction over certain violent crimes motivated by bias is 
        necessary to supplement State and local jurisdiction and ensure 
        that justice is achieved in each case;
            (10) Federal jurisdiction over certain violent crimes 
        motivated by bias enables Federal, State, and local authorities 
        to work together as partners in the investigation and 
        prosecution of such crimes; and
            (11) the problem of hate crime is sufficiently serious, 
        widespread, and interstate in nature as to warrant Federal 
        assistance to States and local jurisdictions.

SEC. 4083. DEFINITION OF HATE CRIME.

    In this Act, the term ``hate crime'' has the same meaning as in 
section 280003(a) of the Violent Crime Control and Law Enforcement Act 
of 1994 (28 U.S.C. 994 note).

SEC. 4084. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

    Section 245 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c)(1) Whoever, whether or not acting under color of law, 
willfully causes bodily injury to any person or, through the use of 
fire, a firearm, or an explosive device, attempts to cause bodily 
injury to any person, because of the actual or perceived race, color, 
religion, or national origin of any person--
            ``(A) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; and
            ``(B) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both if--
                    ``(i) death results from the acts committed in 
                violation of this paragraph; or
                    ``(ii) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
    ``(2)(A) Whoever, whether or not acting under color of law, in any 
circumstance described in subparagraph (B), willfully causes bodily 
injury to any person or, through the use of fire, a firearm, or an 
explosive device, attempts to cause bodily injury to any person, 
because of the actual or perceived religion, gender, sexual 
orientation, or disability of any person--
            ``(i) shall be imprisoned not more than 10 years, or fined 
        in accordance with this title, or both; and
            ``(ii) shall be imprisoned for any term of years or for 
        life, or fined in accordance with this title, or both, if--
                    ``(I) death results from the acts committed in 
                violation of this paragraph; or
                    ``(II) the acts committed in violation of this 
                paragraph include kidnapping or an attempt to kidnap, 
                aggravated sexual abuse or an attempt to commit 
                aggravated sexual abuse, or an attempt to kill.
            ``(B) For purposes of subparagraph (A), the circumstances 
        described in this subparagraph are that--
                    ``(i) in connection with the offense, the defendant 
                or the victim travels in interstate or foreign 
                commerce, uses a facility or instrumentality of 
                interstate or foreign commerce, or engages in any 
                activity affecting interstate or foreign commerce; or
                    ``(ii) the offense is in or affects interstate or 
                foreign commerce.''.

SEC. 4085. DUTIES OF THE UNITED STATES SENTENCING COMMISSION.

    (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its 
authority under section 994 of title 28, United States Code, the United 
States Sentencing Commission shall study the issue of adult recruitment 
of juveniles to commit hate crimes and shall, if appropriate, amend the 
Federal sentencing guidelines to provide sentencing enhancements (in 
addition to the sentencing enhancement provided for the use of a minor 
during the commission of an offense) for adult defendants who recruit 
juveniles to assist in the commission of hate crimes.
    (b) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission shall--
            (1) ensure that there is reasonable consistency with other 
        Federal sentencing guidelines; and
            (2) avoid duplicative punishments for substantially the 
        same offense.

SEC. 4086. GRANT PROGRAM.

    (a) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to State and local 
programs designed to combat hate crimes committed by juveniles, 
including programs to train local law enforcement officers in 
investigating, prosecuting, and preventing hate crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 4087. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND 
              LOCAL LAW ENFORCEMENT.

    There are authorized to be appropriated to the Department of the 
Treasury and the Department of Justice, including the Community 
Relations Service, for fiscal years 2002 and 2003 such sums as are 
necessary to increase the number of personnel to prevent and respond to 
alleged violations of section 245 of title 18, United States Code (as 
amended by this Act).

SEC. 4088. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

  TITLE V--STRENGTHENING FEDERAL CRIMINAL LAWS TO COMBAT VIOLENT AND 
                           WHITE-COLLAR CRIME

Subtitle A--Bolstering Federal Law To Fight Violent Crime and Apprehend 
                          Dangerous Fugitives

SEC. 5001. FUGITIVE APPREHENSION ACT OF 2000.

    (a) Chapter 49 of title 18, United States Code, is amended by 
adding a new section at the end as follows:
``Sec. 1075. Administrative subpoenas to apprehend fugitives
    ``(a) In any investigation with respect to the apprehension of a 
fugitive, the Attorney General may subpoena witnesses for the purpose 
of the production of any records (including books, papers, documents, 
electronic data and other tangible and intangible things, which 
constitute or contain evidence) which may be relevant to the 
investigation. The attendance of witnesses and the production of 
records may be required from any place in any state or other place 
subject to the jurisdiction of the United States at any designated 
place where the witness was served with a subpoena, except that a 
witness shall not be required to appear more than 500 miles distant 
from the place where he was served. Witnesses summoned under this 
section shall be paid the same fees and mileage that are paid witnesses 
in the courts of the United States.
    ``(b) A subpoena issued under this section may be served by any 
person designated in the subpoena to serve it. Service upon a natural 
person may be made by personal delivery of the subpoena to that person 
or by certified mail with return receipt requested. Service may be made 
upon a domestic or foreign corporation or upon a partnership or other 
unincorporated association which is subject to suit under a common 
name, by delivering the subpoena to an officer, to a managing or 
general agent, or to any other agent authorized by appointment or by 
law to receive service of process. The affidavit of the person serving 
the subpoena entered on a true copy thereof by the person serving it 
shall be proof of service.
    ``(c) In the case of the contumacy by or refusal to obey a subpoena 
issued to any person, the Attorney General may invoke the aid of any 
court of the United States within the jurisdiction of which the 
investigation is carried on or of which the subpoenaed person is an 
inhabitant, or in which he carries on business or maybe found, to 
compel compliance with the subpoena. The court may issue an order 
requiring the subpoenaed person to appear before the Attorney General 
to produce records if so ordered. Any failure to obey the order of the 
court may be punishable by the court as contempt thereof. All process 
in any such case may be served in any judicial district in which the 
person may be found.
    ``(d) As used in this section--
            ``(1) the term `fugitive' means a person who--
                    ``(A) having been accused by complaint, information 
                or indictment under Federal law or having been 
                convicted of committing a felony under Federal law, 
                flees or attempts to flee from or evades or attempts to 
                evade the jurisdiction of the court with jurisdiction 
                over the felony;
                    ``(B) having been accused by complaint, information 
                or indictment (or equivalent document) under state law 
                or having been convicted of committing a felony under 
                state law, flees or attempts to flee from, or evades or 
                attempts to evade, the jurisdiction of the court with 
                jurisdiction over the felony;
                    ``(C) escapes from lawful Federal or State custody 
                after having been accused by complaint, information or 
                indictment (or equivalent document under State law) or 
                having been convicted of committing a felony under 
                Federal or State law; or
                    ``(D) is in violation of clause (2) or (3) of the 
                first paragraph of section 1073 of this title;
            ``(2) the term `investigation' means, with respect to a 
        state fugitive described in subparagraph (1)(B) or who has 
        escaped from state custody under subparagraph (1)(C), an 
        investigation in which there is reason to believe that the 
        fugitive fled from or evaded, or attempted to flee from or 
        evade, the jurisdiction of the court, or escaped from custody, 
        in or affecting, or using any facility of, interstate or 
        foreign commerce, or as to whom an appropriate law enforcement 
        officer or official of a State or political subdivision has 
        requested the Attorney General to assist in the investigation, 
        and the Attorney General finds that the particular 
        circumstances of the request give rise to a Federal interest 
        sufficient for the exercise of Federal jurisdiction pursuant to 
        section 1075;
            ``(3) the term `state' means a state of the United States, 
        the District of Columbia, and any commonwealth, territory, or 
        possession of the United States; and
            ``(4) the term `relevant or material' means there are 
        articulable facts that show the fugitive's whereabouts may be 
        discerned from the records sought.
    ``(e) The provisions of this section shall be construed and applied 
in a manner consistent with section 2703 of title 18, and section 3402 
of title 12, of the United States Code.
    ``(f) The Attorney General may delegate the authorities provided in 
this section only pursuant to the issuance of formal guidelines.''.
    (b) The table of sections for chapter 49 of title 18, United States 
Code, is amended by adding at the end the following:

``1075. Administrative subpoenas to apprehend fugitives.''.

SEC. 5002. AMENDMENTS RELATING TO VIOLENT CRIME IN INDIAN COUNTRY AND 
              AREAS OF EXCLUSIVE FEDERAL JURISDICTION.

    (a) Section 1365(g)(3) of title 18, United States Code, is amended 
by striking ``means bodily injury which involves--'' and inserting 
``means bodily injury which requires medical intervention or involves--
''.
    (b) Section 113(a)(3) of title 18, United States Code, is amended 
by striking ``with intent to do bodily harm, and''.
    (c)(1) Section 113(a)(7) of title 18, United States Code, is 
amended by striking ``to an individual who has not attained the age of 
16 years''.
    (2) Section 1153 of title 18, United States Code, is amended C
            (A) in subsection (a), by striking ``an assault against an 
        individual who has not attained the age of 16 years'' and 
        inserting ``assault resulting in substantial bodily injury''; 
        and
            (B) by adding at the end a new subsection (c) as follows:
    ``(c) Nothing in this section shall limit the inherent power of 
Indian tribes to exercise criminal jurisdiction over all Indians with 
respect to any offense within Indian country, subject to the 
limitations on punishment set forth in paragraph (7) of section 202 of 
the Act of April 11, 1969 (25 U.S.C. 1302(7)).''.
    (d) Section 1961(1)(A) of title 18, United States Code, is amended 
by inserting ``or would have been so chargeable except that the act or 
threat was committed in Indian country, as defined in section 1151, or 
in any other area of exclusive Federal jurisdiction'' after 
``chargeable under State law''.
    (e) Section 1112(b) of title 18, United States Code, is amended by 
striking ``ten years'' and inserting ``twenty years''.
    (f) Section 1153(a) of title 18, United States Code, is amended by 
inserting ``an offense for which the maximum statutory term of 
imprisonment under section 1363 is greater than five years,'' after ``a 
felony under chapter 109A,''.
    (g) Section 1163 of title 18, United States Code, is amended in the 
second paragraph by striking ``so''.

SEC. 5003. KIDNAPPING.

    Section 1201(a) of title 18, United States Code, is amended--
    (1) by striking ``or'' at the end of paragraph (4); and
    (2) by adding at the end the following new paragraphs:
            ``(6) an individual travels in interstate or foreign 
        commerce in furtherance of the offense; or
            ``(7) the mail or a facility in interstate or foreign 
        commerce is used in furtherance of the offense;''.

SEC. 5004. OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS 
              ACCOMPANYING THE ARMED FORCES.

    (a) Title 18, United States Code, is amended by inserting after 
chapter 211 the following:

  ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES

``Sec. 3261. Criminal offenses committed by persons formerly serving 
              with, or presently employed by or accompanying, the armed 
              forces outside the United States
    ``(a) Whoever, while serving with, employed by, or accompanying the 
armed forces outside the United States, engages in conduct which would 
constitute an offense punishable by imprisonment for more than one year 
if the conduct had been engaged in within the special maritime and 
territorial jurisdiction of the United States, shall be guilty of a 
like offense and subject to a like punishment.
    ``(b) Nothing contained in this chapter deprives courts-martial, 
military commissions, provost courts, or other military tribunals of 
concurrent jurisdiction with respect to offenders or offenses that by 
statute or by the law of war may be tried by courts-martial, military 
commissions, provost courts, or other military tribunals.
    ``(c) No prosecution may be commenced under this section if a 
foreign government, in accordance with jurisdiction recognized by the 
United States, has prosecuted or is prosecuting such person for the 
conduct constituting such offense, except upon the approval of the 
Attorney General of the United States or the Deputy Attorney General of 
the United States (or a person acting in either such capacity), which 
function of approval may not be delegated.''
    ``(d)(1) The Secretaries of Defense and Transportation may 
designate and authorize any person serving in a law enforcement 
position in the Department of Defense and the Department of 
Transportation when the Coast Guard is not operating as part of the 
Navy to arrest outside the United States any person described in 
subsection (a) of this section who there is probable cause to believe 
engaged in conduct which constitutes a criminal offense under such 
section.
    ``(2) A person arrested under paragraph (1) of this section shall 
be released to the custody of civilian law enforcement authorities of 
the United States for removal to the United States for judicial 
proceedings in relation to conduct referred to in such paragraph 
unless--
            ``(A) such person is delivered to authorities of a foreign 
        country under section 3262 of this title; or
            ``(B) charges are preferred against such person under 
        chapter 47 of title 10 for such conduct.
``Sec. 3262. Delivery to authorities of foreign countries
    ``(a) A person in the custody of the United States for an alleged 
violation of section 3261(a) of this title may be delivered to the 
appropriate authorities of a foreign country in which such person is 
alleged to have engaged in conduct described in such subsection (a) of 
this section if--
            ``(1) the appropriate authorities of that country request 
        the delivery of the person to such country for trial for such 
        conduct as an offense under the laws of that country; and
            ``(2) the delivery of such person to that country is 
        authorized by a treaty or other international agreement to 
        which the United States is a party.
    ``(b) The Secretary of Defense, in consultation with the Secretary 
of State, shall determine what officials of a foreign country 
constitute appropriate authorities for the purpose of this section.
``Sec. 3263. Regulations
    ``The Secretary of Defense and the Commandant of the Coast Guard, 
in consultation with the Secretary of State, shall each issue 
regulations governing the apprehension, detention, and removal of 
persons under this chapter. Such regulations shall be uniform 
throughout the Department of Defense and the Coast Guard, respectively.
``Sec. 3264. Definitions for chapter
    ``As used in this chapter--
            ``(1) a person is `employed by the armed forces outside the 
        United States'--
                    ``(A) if he or she is employed as a civilian 
                employee of a military department or of the Department 
                of Defense, as a Department of Defense contractor, or 
                as an employee of a Department of Defense contractor;
                    ``(B) is present or residing outside the United 
                States in connection with such employment; and
                    ``(C) is not a national of the host nation; and
            ``(2) a person is `accompanying the armed forces outside 
        the United States' if he or she--
                    ``(A) is a dependent of a member of the armed 
                forces or of a civilian employee of a military 
                department or of the Department of Defense;
                    ``(B) is residing with the member or civilian 
                employee outside the United States; and
                    ``(C) is not a national of the host nation.''.
    (b) The table of chapters at the beginning of part II of title 18, 
United States Code, is amended by inserting after the item relating to 
chapter 211 the following:

``212. Criminal Offenses Committed Outside the United States    3261''.

SEC. 5005. STATUS KILLINGS OF FEDERAL EMPLOYEES AND CONSOLIDATION OF 18 
              U.S.C. 1114 AND 1121.

    (a) Section 1114 of title 18, United States Code, is amended--
            (1) by inserting ``or because of the status of the victim 
        as such an officer or employee,'' after ``on account of the 
        performance of official duties,''; and
            (2) by inserting ``or, if the person assisting is an 
        officer or employee of a State, local or Indian tribal 
        government, because of the status of the victim as such an 
        officer or employee,'' after ``on account of that 
        assistance,''.
    (b) Section 1121 of title 18, United States Code, is amended--
            (1) by striking ``persons aiding Federal investigations 
        or'' in the heading; and
            (2) by striking subsection (a) and redesignating 
        subsections (b) and (c) as subsections (a) and (b).

SEC. 5006. THREATS AGAINST FORMER PRESIDENTS AND OTHERS ELIGIBLE FOR 
              SECRET SERVICE PROTECTION.

    Section 879 of title 18, United States Code, is amended--
            (1) in paragraph (a)(3), by striking ``the spouse'' and 
        inserting ``a member of the immediate family'';
            (2) by striking ``or'' at the end of paragraph (a)(2);
            (3) by inserting ``or'' at the end of paragraph (a)(3);
            (4) by inserting after paragraph (a)(3) the following new 
        paragraph:
            ``(4) any other person who is protected pursuant to section 
        3056(a)(6) of this title.'';
            (5) by striking in paragraph (a) ``who is protected by the 
        Secret Service as provided by law,''; and
            (6) in paragraph (b)(1)(B)--
                    (A) by inserting ``and (a)(3)'' after ``subsection 
                (a)(2)'';
                    (B) by striking ``or'' after ``Vice President'', 
                and by inserting ``or major candidate for office of 
                President or Vice President'' after ``Vice President-
                elect.''.

SEC. 5007. PARTICIPATION OF FOREIGN AND STATE GOVERNMENT PERSONNEL 
              UNDER FEDERAL SUPERVISION IN CERTAIN INTERCEPTIONS.

    Section 2518(8) of title 18, United States Code, is amended by 
inserting ``(including personnel of a foreign government or of a State 
or subdivision of a State or of an Indian tribe after ``Government 
personnel''.

SEC. 5008. REMOVAL OF THE SUNSET PROVISION FOR THE S VISA 
              CLASSIFICATION PROGRAM.

    Section 214(k)(2) of the Immigration and Nationality Act of 1952, 
as amended (8 U.S.C. 1184(k)(2)) is repealed.

SEC. 5009. FEDERAL JUDICIARY SECURITY ACT.

    Section 566 (e)(1)(A) of title 28, United States Code, is amended 
to read as follows: ``(A) provide for the personal protection of, and 
residential security for, Federal jurists and provide for the personal 
protection of court officers, witnesses, and other threatened persons 
in the interest of justice where criminal intimidation impedes on the 
functioning of the judicial process or any other official 
proceeding;''.

SEC. 5010. AUTOPSY AUTHORITY.

    (a) Chapter 31 of title 28, United States Code, is amended by 
adding at the end the following:
``Sec. 530C. Autopsy authority in criminal investigations
    ``Notwithstanding any other law, the Attorney General or the head 
of any other Federal agency with jurisdiction to detect or investigate 
an offense or possible offense against the United States, within or 
outside the United States, may, when deemed necessary or appropriate in 
the conduct of that investigation, take custody of, and order an 
autopsy and related scientific or medical tests to be performed on the 
body of, a deceased victim. To the extent consistent with the needs of 
the autopsy or of specific scientific or medical tests, provisions of 
any applicable law protecting religious beliefs with respect to such 
autopsies or tests shall be observed. Before ordering an autopsy or 
related tests under this section, the Attorney General or other Federal 
agency head, as the case may be, shall endeavor to inform the family of 
the deceased victim, if known, that the autopsy will be performed. 
After the autopsy and any related tests have been performed, the 
remains of the deceased victim, if known, shall be returned as soon as 
practicable to the victim's family.''.
    (b) The table of sections for chapter 31 of title 28, United States 
Code, is amended by inserting at the end:

``530C. Autopsy authority in criminal investigations.''.

SEC. 5011. ADMINISTRATIVE SUMMONS AUTHORITY FOR THE UNITED STATES 
              SECRET SERVICE'S PROTECTIVE FUNCTION RESPONSIBILITIES.

    (a) Chapter 203 of title 18, United States Code, is amended by 
inserting the following new section after section 3056:
``Sec. 3056A. Administrative summons authority for the United States 
              Secret Service's protective function responsibilities
    ``(a) Authority.--Pursuant to regulations promulgated by the 
Secretary of the Treasury or his delegate, the Director of the United 
States Secret Service, and supervisory special agents of the United 
States Secret Service designated by the Director, may issue in writing 
and cause to be served upon a person or entity, a summons requiring the 
production of documents, records (including records of information in 
electronic form), or other tangible things. Any such summons shall be 
predicated upon a determination that there is reason to believe that 
the person or entity may possess or have control of such documents, 
records (including records of information in electronic form), or other 
tangible things, which may be relevant, or may lead to the discovery of 
information relevant, to the investigation of an imminent threat to the 
life or safety of the President of the United States or any other 
person described in section 3056. The United States Secret Service 
shall notify the Attorney General or her designee as soon as is 
practicable of the issuance of any summons under this section.
    ``(b) Contents.--A summons issued under this section shall--
            ``(1) describe materials to be produced with sufficient 
        clarity and particularity to permit the materials to be 
        identified; and
            ``(2) establish a return date that provides a reasonable 
        period of time within which the materials can be assembled and 
        made available.
    ``(c) Service.--A summons issued under this section may be served 
by any person designated in the summons to serve it, and the affidavit 
of the person serving the summons shall be proof of service. A summons 
may be served on a natural person by personal delivery of the summons 
to the person. A summons may be served on a domestic or foreign 
corporation or on a partnership or other unincorporated association or 
entity by delivering the summons personally to an officer, managing or 
general agent, or any other agent authorized by appointment, or by the 
law of any State or jurisdiction, to receive service of process.
    ``(d) Place of Service.--A summons issued under this section may be 
served at any place within the United States or any place subject to 
the laws or the jurisdiction of the United States.
    ``(e) Response to Summons.--Any person or entity served with a 
summons issued pursuant to this section shall assemble the materials 
requested and shall produce them on the date and at the place specified 
in the summons.
    ``(f) Enforcement.--
            ``(1) In the case of neglect or refusal to obey a summons 
        issued and served under this section, the Attorney General or 
        his designee may, upon request of the United States Secret 
        Service, invoke the aid of the United States District Court for 
        any district where the investigation is being carried on, the 
        summons was served, or the summoned person carries on business 
        or may be found, to compel compliance with the summons.
            ``(2) Not later than 10 days after the earlier of the 
        service of a summons issued under this section, or the return 
        date specified in such summons, a person or entity served with 
        such summons may file in the United States District Court for 
        the district in which the investigation is to be carried on or 
        in which the summons was served, a petition for an order 
        modifying or setting aside the summons, or any prohibition of 
        disclosure order issued under subsection (i). The petition 
        shall specify each ground upon which the petitioner relies in 
        seeking relief. An order for disclosure of a summons issued 
        pursuant to subsection (i) shall not be grounds for modifying 
        or setting aside the summons itself.
    ``(g) Jurisdiction.--The United States District Courts shall have 
jurisdiction to hear and determine the matters arising under this 
section. Any failure to obey an order entered under this section by 
such court may be punished as a contempt thereof. Any petition filed or 
order entered relating to a summons issued and served with an order 
prohibiting disclosure pursuant to subsection (i) shall be under seal. 
All proceedings relating to or arising from a summons or order 
prohibiting disclosure issued in connection with the collection of 
positive foreign intelligence or counterintelligence shall be under 
seal and in compliance with applicable statutes, regulations, and 
orders relating to the handling and disclosure of classified 
information.
    ``(h) Limitations.--
            ``(1) Except as expressly provided in this section, nothing 
        in this section shall supersede the provisions of any other law 
        of the United States that regulates access to materials by 
        Federal agencies.
            ``(2) Summons issued under this section shall not require 
        the production of materials that would be held to be 
        unreasonable or protected from disclosure if sought in a 
        subpoena duces tecum issued by a court of the United States.
            ``(3) Nothing in this section or in any other statute or 
        rule shall be construed to prohibit the use of materials or the 
        information obtained pursuant to this section in any 
        investigation or proceeding.
    ``(i) Prohibition of Disclosure.--Notwithstanding any other 
provision of Federal, State, or local law, a United States District 
Court for any district in which the investigation is being carried on 
may, upon application of the United States and without notice to a 
summons recipient, issue an ex parte order that no person or entity 
served with a summons pursuant to this section and no representative of 
such a person or entity, shall disclose to any other person or entity 
the existence of the summons, for a period of up to 90 days. Such order 
may be issued on a showing that the materials being sought may be 
relevant to a legitimate law enforcement inquiry involving an imminent 
threat to the President of the United States or any other person 
described in section 3056, or any threat under section 871 or 879, and 
that there is reason to believe that such disclosure may result in 
endangerment to the life or physical safety of any person or flight 
from arrest or prosecution. The period of nondisclosure may be renewed 
for additional periods of up to 90 days pursuant to this subsection. 
Nothing in this subsection shall prohibit any person from disclosing 
the service of a summons pursuant to this section to any attorney in 
confidence for the purpose of obtaining legal advice.
    ``(j) Third-Party Production.--Any third party record keeper, 
agent, or employee thereof, who, in good faith reliance on an order 
prohibiting disclosure issued pursuant to this section, produces any 
materials and does not disclose such production to the subject of the 
records, shall not be liable to any customer or other person or entity 
for such nondisclosure.
    ``(k) Return of Records.--When any documentary material has been 
produced by any person or entity under this section, and no case or 
proceeding arising therefrom has been instituted within a reasonable 
time after completion of the analysis of all evidence assembled in the 
course of the United States Secret Service's protective function 
responsibilities, such person or entity shall be entitled, upon written 
demand made upon the Director of the Secret Service, to the return of 
all documentary material other than copies thereof made pursuant to 
this section.''.
    (b) Technical Amendment.--The table of sections for chapter 203 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3056 the following:

``3056A. Administrative Summons Authority for the United States Secret 
                            Service's Protective Function 
                            Responsibilities.''.

SEC. 5012. ESTABLISHING PERMANENT ONE PERCENT RESEARCH AND EVALUATION 
              SET-ASIDES FOR CERTAIN PROGRAMS.

    (a) Section 20108 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13708) is amended--
            (1) in subsection (b)(3)--
                    (A) by deleting subparagraphs (B) and (C); and
                    (B) by redesignating subparagraph (D) as 
                subparagraph (B); and
            (2) in subsection (a), by inserting at the end the 
        following:
            ``(3) Permanent set-aside for research and evaluation.--The 
        Attorney General shall reserve not less than 1 percent and no 
        more than 3 percent of the sums appropriated to carry out this 
        subtitle in each fiscal year for research and evaluation of 
        this program.''
            ``(4) Permanent set-aside for technical assistance.--The 
        Attorney General shall reserve not less than 2 percent and no 
        more than 3 percent of the sums appropriated to carry out this 
        subtitle in each fiscal year for technical assistance related 
        to the use of grant funds, and development and implementation 
        of reforms implemented pursuant to this subtitle.''.
    (b) Section 1001(a)(16) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(16)) is amended by--
            (1) redesignating subparagraphs (A) through (E) as clauses 
        (i) through (v) respectively;
            (2) inserting ``(A)'' before ``There''; and
            (3) inserting at the end the following:
                    ``(B) The Attorney General shall reserve not less 
                than 1 percent and no more than 3 percent of the sums 
                appropriated to carry out projects under part R in each 
                fiscal year for research and evaluation of this 
                program.''.
    (c) Section 1001(a)(17) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(17)) is amended by--
            (1) redesignating subparagraphs (A) through (E) as clauses 
        (i) through (v) respectively;
            (2) inserting ``(A)'' before ``There''; and
            (3) inserting at the end the following:
                    ``(B) The Attorney General shall reserve not less 
                than 1 percent and no more than 3 percent of the sums 
                appropriated to carry out projects under part S in each 
                fiscal year for research and evaluation of this 
                program.''.
    (d) Section 1001(a)(18) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is amended by--
            (1) redesignating subparagraphs (A) through (F) as clauses 
        (i) through (vi) respectively;
            (2) inserting ``(A)'' before ``There''; and
            (3) inserting at the end the following:
                    ``(B) The Attorney General shall reserve not less 
                than 1 percent and no more than 3 percent of the sums 
                appropriated to carry out projects under part T in each 
                fiscal year for research and evaluation of this 
                program.''.
    (e) Section 1001(a)(19) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amended by--
            (1) redesignating subparagraphs (A) through (C) as clauses 
        (i) through (iii) respectively;
            (2) inserting ``(A)'' before ``There''; and
            (3) inserting at the end the following:
                    ``(B) The Attorney General shall reserve not less 
                than 1 percent and no more than 3 percent of the sums 
                appropriated to carry out projects under part U in each 
                fiscal year for research and evaluation of this 
                program.''.
    (f) Section 1001(a)(21) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(21)) is amended by--
            (1) inserting ``(A)'' before ``There''; and
            (2) inserting at the end the following:
                    ``(B) The Attorney General shall reserve not less 
                than 1 percent and no more than 3 percent of the sums 
                appropriated to carry out projects under part W in each 
                fiscal year for research and evaluation of this 
                program.''.
    (g) Section 1001(a)(22) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(22)) is amended by--
            (1) inserting ``(A)'' before ``There''; and
            (2) inserting at the end the following:
                    ``(B) The Attorney General shall reserve not less 
                than 1 percent and no more than 3 percent of the sums 
                appropriated to carry out projects under part X in each 
                fiscal year for research and evaluation of this 
                program.''
    (h) Section 200112 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14101) is amended by--
            (1) inserting ``(A)'' before ``There''; and
            (2) inserting at the end the following:
                    ``(B) The Attorney General shall reserve not less 
                than 1 percent and no more than 3 percent of the sums 
                appropriated to carry out projects under this subtitle 
                in each fiscal year for research and evaluation of this 
                program.''.
    (i) Section 220002 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14171) is amended by inserting at the end the 
following:
    ``(i) Permanent Set-Aside for Research and Evaluation.--The 
Attorney General shall reserve not less than 1 percent and no more than 
3 percent of the sums appropriated to carry out this section in each 
fiscal year for research and evaluation of this program.''.
    (j) Section 240001 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14181) is amended by inserting at the end the 
following:
    ``(e) Permanent Set-Aside for Research and Evaluation.--The 
Attorney General shall reserve not less than 1 percent and no more than 
3 percent of the sums appropriated to carry out this section in each 
fiscal year for research and evaluation of this program.''.

  Subtitle B--Combating Crime and Improving Operations in Correction 
                               Facilities

SEC. 5021. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR SEXUAL 
              ABUSE OFFENSES IN CORRECTIONAL FACILITIES.

    Chapter 109A of title 18, United States Code, is amended--
            (1) by inserting ``or, with respect to any person in the 
        custody of the Attorney General, the Bureau of Prisons, or 
        confined in any institution or facility by direction of the 
        Attorney General'' after ``in a Federal prison,'' in each place 
        it appears;
            (2) in section 2243(b)(2), by striking ``one year'' and 
        inserting ``three years'';
            (3) in section 2244(a)(4), by striking ``six months'' and 
        inserting ``two years''; and
            (4) in section 2244(b), by striking ``six months'' and 
        inserting ``two years''.

SEC. 5022. INCREASED PENALTIES AND EXPANDED JURISDICTION FOR CONTRABAND 
              OFFENSES IN CORRECTIONAL FACILITIES.

    Section 1791 of title 18, United States Code, is amended--
            (1) in paragraphs (1) and (2) of subsection (a), by 
        striking ``inmate of a prison'' and inserting ``individual in 
        the custody of the Attorney General, the Bureau of Prisons, or 
        confined in any institution or facility by direction of the 
        Attorney General'';
            (2) by inserting ``and'' at the end of subsection (d)(2);
            (3) by striking ``; and'' in subsection (d)(3) and 
        inserting a period; and
            (4) by striking subsection (d)(4).

SEC. 5023. REMOVAL OF WIRETAP RESTRICTIONS FROM PRISON COMMUNICATIONS.

    (a) Section 2511(2)(h) of title 18, United States Code, is 
amended--
            (1) by striking ``or'' at the end of subparagraph (i);
            (2) by striking the period at the end of subparagraph (ii) 
        and inserting ``; or''; and
            (3) by adding a new subparagraph (iii) as follows:
                            ``(iii) for a law enforcement officer to 
                        intercept a wire, oral or electronic 
                        communication if at least one party to the 
                        communication is an inmate or detainee in the 
                        custody of the Attorney General of the United 
                        States or of a State or political subdivision 
                        thereof.''.
    (b) Section 3121(b) of title 18, United States Code, is amended by 
inserting ``if the telephone line or facility is regularly used by an 
inmate or detainee in the custody of the Attorney General of the United 
States or of a State or political subdivision thereof, or if the pen 
register or trap and trace device is used'' after ``The prohibition of 
subsection (a) does not apply with respect to the use of a pen register 
or trap and trace device''.
    (c) The Attorney General shall promulgate regulations governing 
interceptions or tracing activity exempted by subsections (a) and (b) 
to safeguard communications protected by the attorney-client privilege 
and the right to counsel under the Constitution of the United States.

SEC. 5024. IMPROVING EFFICIENCY THROUGH IMPROVED MEDICAL PAYMENT RULES 
              IN PRISONS AND RELATED FACILITIES.

    (a) Extension of Veterans Administration and Champus Access to 
Medicare Inpatient Hospitals to the Department of Justice.--
            (1) In general.--Section 1866(a)(1) of the Social Security 
        Act (42 U.S.C. 1395cc(a)(1)) is amended--
                    (A) by striking the period at the end of 
                subparagraph (S) and inserting a semicolon; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(T) in the case of hospitals which furnish 
                inpatient hospital services for which payment may be 
                made under this title, if such hospital furnishes 
                inpatient hospital services for which payment may be 
                made under chapter 301 or chapter 303 of title 18, 
                United States Code, to be a participating provider of 
                medical care under such chapter, in accordance with 
                such admission practices, and such payment methodology 
                and amounts, as are prescribed under joint regulations 
                issued by the Secretary and by the Attorney General in 
                implementation of such chapter, which regulations shall 
                require full payment by the Attorney General of any 
                security costs associated with treatment of patients 
                receiving services pursuant to such chapter.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        apply to services furnished on and after the effective date of 
        the regulations issued pursuant to such paragraph.

SEC. 5025. JUDICIAL DISTRICT DESIGNATION.

    Section 113 of title 28, United States Code, is amended by striking 
``Federal Correctional Institution, Butner'' wherever it appears and 
inserting ``Federal Correctional Complex, Butner''.

 Subtitle C--Improvements in Federal Law Relating to White Collar Crime

SEC. 5031. ELIMINATION OF PROOF OF VALUE REQUIREMENT FOR FELONY THEFT 
              OR CONVERSION OF GRAND JURY MATERIAL.

    Section 641 of title 18, United States Code, is amended by striking 
``but if the value of such property does not exceed the sum of $1,000, 
he'' and inserting ``but if the value of such property, other than 
property constituting `matters occurring before the grand jury' within 
the meaning of Rule 6(e) of the Federal Rules of Criminal Procedure, 
does not exceed the sum of $1000,''.

SEC. 5032. AMENDMENT OF INTERSTATE TRAVEL FRAUD STATUTE TO COVER TRAVEL 
              BY PERPETRATOR.

    Section 2314 of title 18, United States Code, is amended in the 
second undesignated paragraph by inserting ``travels in or'' before 
``transports or causes to be transported, or induce any person or 
persons to travel in''.

SEC. 5033. CONFORMING PENALTY AMENDMENT FOR FRAUDS RESULTING IN SERIOUS 
              INJURY OR DEATH.

    Sections 1341 and 1343 of title 18, United States Code, are each 
amended by inserting the following before the last sentence: ``If the 
violation results in serious bodily injury (as defined in section 1365 
of this title), such person shall be fined under this title or 
imprisoned not more than 20 years, or both; and if the violation 
results in death, such person shall be fined under this title, or 
imprisoned for any term of years or for life, or both.''.

SEC. 5034. FORFEITURE OF COMPUTERS AND OTHER DEVICES USED FOR 
              COUNTERFEITING.

    Section 492 of title 18, United States Code, is amended--
            (1) by striking the third and fourth undesignated 
        paragraphs;
            (2) by designating the remaining paragraphs as subsections 
        (a) and (b);
            (3) by adding the following new subsections:
    ``(c) All seizures and civil forfeitures pursuant to subsection (a) 
shall be governed by the procedures set forth in chapter 46 of this 
title pertaining to civil forfeitures, including Section 981(d) which 
incorporates the customs laws (19 U.S.C. Sec. 1602, et seq.). The 
Attorney General shall have sole responsibility for disposing of 
petitions for remission or mitigation with respect to property involved 
in a judicial forfeiture proceeding.
    ``(d) A court in sentencing a person for a violation of this 
chapter or of section 331-33, 335, 336, 642, 1720, or 2318 of this 
title, shall order the person to forfeit the property described in 
subsection (a). The forfeiture of property under this section, 
including any seizure and disposition of the property, and any related 
judicial or administrative proceeding, shall be governed by the 
provisions of section 413 (other than subsection (d) of that section) 
of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. Sec. 853).''; and
            (4) in subsection (b), as so designated by this section, by 
        striking ``fined not more than $100'' and inserting ``fined 
        under this title''.

SEC. 5035. CONFORMING AMENDMENT.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
inserting ``section 38 (relating to aircraft parts fraud),'' after 
``section 32 (relating to destruction of aircraft or aircraft 
facilities),''.

SEC. 5036. INCREASED MAXIMUM CORPORATE PENALTY FOR ANTITRUST 
              VIOLATIONS.

    (a) Restraint of Trade Among the States.--Section 1 of the Sherman 
Act (15 U.S.C. 1) is amended by striking ``$10,000,000'' and inserting 
``$100,000,000''.
    (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2) 
is amended by striking ``$10,000,000'' and inserting ``$100,000,000''.
    (c) Other Restraints.--Section 3 of the Sherman Act (15 U.S.C. 3) 
is amended by striking ``$10,000,000'' and inserting ``$100,000,000''.

              Subtitle D--Federal Law Enforcement Programs

SEC. 5041. FEDERAL PROSECUTOR ETHICS ACT.

    Section 530B of title 28, United States Code, as added by title 
VIII of division A of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999, is hereby repealed.

SEC. 5042. STRENGTHENING LAW ENFORCEMENT IN U.S. TERRITORIES, 
              COMMONWEALTHS AND POSSESSIONS.

    Chapter 57 of title 5, United States Code, is amended--
            (1) in subchapter IV by adding at the end the following new 
        section:
``Sec. 5757. Extended assignment incentive
    ``(a) The head of an Executive agency may pay an extended 
assignment incentive to an employee if--
            ``(1) the employee has completed at least 2 years of 
        continuous service in one or more civil service positions 
        located in a territory or possession of the United States, the 
        Commonwealth of Puerto Rico or the Commonwealth of the Northern 
        Mariana Islands;
            ``(2) the agency determines that replacing the employee 
        with another employee possessing the required qualifications 
        and experience would be difficult; and
            ``(3) the agency determines it is in the best interest of 
        the Government to encourage the employee to complete a 
        specified additional period of employment with the agency in 
        the territory or possession, the Commonwealth of Puerto Rico or 
        Commonwealth of the Northern Mariana Islands, except that the 
        total amount of service performed in a particular territory, 
        commonwealth or possession under one or more agreements 
        established under this section may not exceed 5 years.
    ``(b) The sum of extended assignment incentive payments for a 
service period may not exceed the greater of--
            ``(1) an amount equal to 25 percent of the annual rate of 
        basic pay of the employee at the beginning of the service 
        period, times the number of years in the service period; or
            ``(2) $15,000 per year in the service period.
    ``(c)(1) Payment of an extended assignment incentive shall be 
contingent upon the employee entering into a written agreement with the 
agency specifying the period of service and other terms and conditions 
under which the extended assignment incentive is payable.
    ``(2) The agreement shall set forth the method of payment, 
including any use of an initial lump-sum payment, installment payments, 
or a final lump-sum payment upon completion of the entire period of 
service.
    ``(3) The agreement shall describe the conditions under which the 
extended assignment incentive may be canceled prior to the completion 
of the agreed-upon service period and the effect of the cancellation. 
The agreement shall require that if, at the time of cancellation of the 
incentive, the employee has received incentive payments which exceed 
the amount which bears the same relationship to the total amount to be 
paid under the agreement as the completed service period bears to the 
agreed-upon service period, the employee shall repay that excess 
amount, at a minimum, except that an employee who is involuntarily 
reassigned to a position stationed outside the territory, commonwealth 
or possession or involuntarily separated (not for cause on charges of 
misconduct, delinquency, or inefficiency) may not be required to repay 
any excess amounts.
    ``(d) An agency may not put an extended assignment incentive into 
effect during a period in which the employee is fulfilling a 
recruitment or relocation bonus service agreement under section 5753 or 
for which an employee is receiving a retention allowance under section 
5754.
    ``(e) Extended assignment incentive payments may not be considered 
part of the basic pay of an employee.
    ``(f) The Office of Personnel Management may prescribe regulations 
for the administration of this section, including regulations on an 
employee's entitlement to retain or receive incentive payments when an 
agreement is canceled. Neither this section nor implementing 
regulations may impair any agency's independent authority to 
administratively determine compensation for a class of its 
employees.''; and
            (2) in the analysis by adding at the end the following:

``5757. Extended assignment incentive.''.
    (b) Section 5307(a)(2)(B) of title 5, United States Code, is 
amended by striking ``or 5755'' and inserting ``5755, or 5757''.
    (c) The amendments made by this Act shall take effect on the first 
day of the first applicable pay period beginning on or after 6 months 
after the date of enactment of the Act.
    (d) No later than three years after the effective date of this 
section, the Office of Personnel Management, after consultation with 
affected agencies, shall submit a report to the Congress assessing the 
effectiveness of the extended assignment incentive authority as a human 
resources management tool and making recommendations for any changes 
necessary to improve the effectiveness of the incentive authority. Each 
agency shall maintain such records and report such information, 
including the number and size of incentive offers made and accepted or 
declined by geographic location and occupation, in such format and at 
such times as the Office of Personnel Management may prescribe, for use 
in preparing the report.

SEC. 5043. AGENCIES AUTHORIZED TO INVESTIGATE VIOLATIONS.

    Section 1956(e) of title 18, United States Code, is amended by 
striking ``National Enforcement Investigations Center'' and inserting 
``Criminal Investigation Division''.

          Subtitle E--Improvements to Federal Sentencing Laws

SEC. 5051. PRISON CREDIT AND AGING PRISONER REFORM.

    (a) Prison Credits in General.--Section 3585(b) of title 18, United 
States Code, is amended to read as follows--
    ``(b) Credit for Prior Custody.--A defendant shall be given credit 
toward the service of a term of imprisonment for any time spent in 
official detention prior to the date the sentence commences only if 
that official detention is as a result of the offense for which the 
sentence was imposed and has not been--
            ``(1) credited toward another sentence; or
            ``(2) applied in any manner to an undischarged concurrent 
        term of imprisonment.''.
    (b) Good Time Credits for Foreign Prisoners Transferred to the 
United States.--Section 4105(c) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by inserting ``by the Bureau of 
        Prisons and deducted from the sentence imposed by the foreign 
        court'' after ``These credits shall be combined'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6); and
            (3) by inserting after paragraph (2) the following:
            ``(3) If the term of imprisonment under section 
        4106A(b)(1)(A) is less than or equal to the total sentence 
        imposed and certified by the foreign authorities on the basis 
        of considerations other than the limitation arising under 
        section 4106A(b)(1)(C), the Bureau of Prisons shall calculate 
        credits for satisfactory behavior at the rate provided in 
        section 3624(b) and computed on the basis of the term of 
        imprisonment under section 4106A(b)(1)(A). If the credits 
        calculated under this paragraph produce a release date that is 
        earlier than the release date otherwise determined under this 
        section, the release date calculated under this paragraph shall 
        apply to the transferred offender.
            ``(4) Upon release from imprisonment, the offender shall 
        commence service of any period of supervised release 
        established pursuant to section 4106A(b)(1)(A), and the balance 
        of the foreign sentence remaining at the time of release from 
        prison shall not be reduced by credits for satisfactory 
        behavior, or labor, or any other credit that has been applied 
        to establish the offender's release date.''.
    (c) Conforming Amendment.--Section 4106A(b)(1)(A) of title 18, 
United States Code, is amended by striking ``release date'' and 
inserting ``term of imprisonment''.
    (d) Expansion of Provision Allowing for Release of Non-Dangerous 
Offenders Who Have Served at Least Thirty Years in Prison and Are at 
Least 70 Years Old.--Section 3582(c)(1)(A) of title 18, United States 
Code, is amended--
            (1) by inserting ``(and may impose a sentence of probation 
        or supervised release with or without conditions)'' after ``may 
        reduce the term of imprisonment'';
            (2) in subparagraph (ii), by inserting ``(other than an 
        offense or offenses under chapter 109A of this title)'' after 
        ``the offense or offenses''; and
            (3) in subparagraph (ii), by striking ``, pursuant to a 
        sentence imposed under section 3559(c),''.

SEC. 5052. CORRECTION OF ABERRANT STATUTES TO PERMIT IMPOSITION OF BOTH 
              A FINE AND IMPRISONMENT RATHER THAN ONLY EITHER PENALTY.

    (a) Section 401 of title 18, United States Code, is amended by 
inserting ``or both,'' after ``fine or imprisonment,'';
    (b) Section 1705 of title 18, United States Code, is amended by 
inserting ``, or both'' after ``years'';
    (c) Sections 1916, 2234, and 2235 of title 18, United States Code, 
are each amended by inserting ``, or both'' after ``year''.

SEC. 5053. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR COUNTERFEIT 
              BEARER OBLIGATIONS OF THE UNITED STATES.

    (a) In General.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, the United States Sentencing Commission 
shall review and if appropriate, amend the Federal sentencing 
guidelines generally to enhance the penalty for offenses involving 
counterfeit bearer obligation of the United States.
    (b) Factors for Consideration.--In carrying out this subsection, 
the Commission shall consider, with respect to the offenses described 
in subsection (a)--
            (1) whether the base offense level in the current 
        guidelines is adequate to address the serious nature of these 
        offenses and the public interest in protecting the integrity of 
        U.S. currency, especially in light of recent technological 
        advancements in counterfeiting methods that decrease the cost 
        and increase the availability of such counterfeiting methods to 
        criminals;
            (2) whether the current specific offense characteristic 
        applicable to manufacturing counterfeit obligations fails to 
        take into account the range of offenses in this category; and
            (3) any other factor that the Commission considers to be 
        appropriate.
    (c) Emergency Authority to Sentencing Commission.--The Commission 
shall promulgate the guidelines or amendments provided for under this 
subsection as soon as is practicable in accordance with the procedure 
set forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.
                                 <all>