[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.
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