[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1860 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1860

                       To control violent crime.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2007

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

_______________________________________________________________________

                                 A BILL


 
                       To control violent crime.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent Crime Control Act of 2007''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
           TITLE I--VIOLENT CRIME PREVENTION AND ENFORCEMENT

   Subtitle A--Improving Violent Crime Prevention and Strengthening 
                           Antigang Measures

Sec. 101. Amendments relating to violent crime.
Sec. 102. Possession of firearms by dangerous felons.
Sec. 103. Expansion of rebuttable presumption against release of 
                            persons charged with firearms offenses.
Sec. 104. Conforming amendment.
Sec. 105. Increased penalties for interstate and foreign travel or 
                            transportation in aid of racketeering.
Sec. 106. Increased penalties for use of interstate commerce facilities 
                            in the commission of murder-for-hire and 
                            other felony crimes of violence.
Sec. 107. Statute of limitations for violent crime.
Sec. 108. Statute of limitations for terrorism offenses.
Sec. 109. Crimes of violence and drug crimes committed by illegal 
                            aliens.
          Subtitle B--Death Penalty Procedures Improvement Act

Sec. 121. Short title.
Sec. 122. Elimination of death penalty hearing discrepancies.
Sec. 123. Amendments relating to section 3593 of title 18.
Sec. 124. Amendments relating to section 3592 of title 18.
Sec. 125. Amendments relating to section 3594 of title 18.
Sec. 126. Amendments relating to sections 3596 and 3597 of title 18.
   Subtitle C--Clarifying the Authority To Issue Cell Location Orders

Sec. 131. Amendment to section 2703 of title 18 to clarify ongoing 
                            scope of orders and warrants.
Sec. 132. Pen register and trap and trace amendment.
Sec. 133. Amendment to mobile tracking devices statute.
Sec. 134. Amendment to Communications Assistance for Law Enforcement 
                            Act.
    TITLE II--ENDING DEMAND FOR CHILD PORNOGRAPHY AND CHILD SEXUAL 
                              EXPLOITATION

Sec. 201. Mandatory minimum for possession of child pornography.
Sec. 202. Strengthening section 13032 of title 42, United States Code, 
                            to ensure that child pornography is 
                            effectively reported.
Sec. 203. Conspiracy provision for chapter 77 offenses.
Sec. 204. Amend definition of illicit sexual conduct.
Sec. 205. Expand the use of the sex trafficking statute.
Sec. 206. Increased penalties for sexual exploitation of children.
Sec. 207. Increased penalties for activities relating to material 
                            involving the sexual exploitation of 
                            children.
Sec. 208. Increased penalties for activities relating to material 
                            constituting or containing child 
                            pornography.
Sec. 209. Additional resources for the Innocent Images National 
                            Initiative.
                  TITLE III--THE PROCEEDS OF CRIME ACT

Sec. 301. Short title.
    Subtitle A--Property Subject to Forfeiture to the United States

Sec. 302. Additions to the general forfeiture statute.
Sec. 303. Drugs and money laundering.
Sec. 304. Alien smuggling.
Sec. 305. Food stamp fraud.
Sec. 306. Devices used to create or replicate counterfeit computer 
                            software.
Sec. 307. Property used to escape Federal custody or remain a fugitive.
Sec. 308. Copyright violations.
Sec. 309. Trade secrets.
Sec. 310. Contraband cigarettes.
Sec. 311. Recently enacted title 31 violations.
Sec. 312. Archaeological Resources Protection Act.
Sec. 313. Computer fraud.
Sec. 314. False impersonation.
Sec. 315. Conspiracies involving trafficking in persons.
                      Subtitle B--Money Laundering

Sec. 321. Interstate transportation of criminal proceeds and 
                            ``reverse'' money laundering.
Sec. 322. Freezing bank accounts of persons arrested for offenses 
                            involving the movement of money across 
                            international borders.
Sec. 323. Procedure for issuing subpoenas in certain money laundering 
                            and forfeiture cases.
Sec. 324. Using blank checks in bearer form to smuggle money.
Sec. 325. Treating electronic funds as fungible property.
Sec. 326. Bulk cash smuggling.
Sec. 327. Making the international money laundering statute apply to 
                            tax evasion.
Sec. 328. Prohibiting money laundering through hawalas, other informal 
                            value transfer systems, and closely related 
                            transactions.
Sec. 329. Section 1957 violations involving commingled funds and 
                            structured transactions.
Sec. 330. Charging money laundering as a course of conduct.
Sec. 331. Knowledge that the property is the proceeds of a specific 
                            felony.
Sec. 332. Other specified activity for money laundering.
Sec. 333. Illegal money transmitting businesses.
Sec. 334. Technical correction to the USA Patriot Act.
Sec. 335. Technical amendment to restore wiretap authority for certain 
                            money laundering offenses.
Sec. 336. Miscellaneous minor and technical amendments.
Sec. 337. Technical correction regarding forfeiture authority for 
                            Secretary, Homeland Security.
Sec. 338. Stored value cards.
  Subtitle C--Recovering the Proceeds of Crime and Victim Restitution

                Chapter 1--Criminal Forfeiture Procedure

Sec. 341. Restraint of property subject to criminal forfeiture.
Sec. 342. Authorizing forfeiture pursuant to a guilty plea.
Sec. 343. Criminal seizure warrants.
Sec. 344. Discovery procedure for locating forfeited assets.
Sec. 345. Collection of criminal forfeiture judgment.
Sec. 346. Abatement of forfeiture when defendant dies.
Sec. 347. Forfeitable property transferred to third parties.
Sec. 348. Forfeiture of third-party interests in criminal cases.
Sec. 349. Severance of jointly held property.
Sec. 350. Closing of loophole to defeat criminal forfeiture through 
                            bankruptcy.
Sec. 351. Uniform procedures for criminal forfeiture.
Sec. 352. Appeals.
Sec. 353. Victims, restitution, and forfeiture.
Sec. 354. Authority of Secretary of Homeland Security.
                  Chapter 2--International Provisions

Sec. 361. Procedures for enforcement of foreign forfeiture judgments 
                            and protective orders.
Sec. 362. Extraterritorial jurisdiction.
Sec. 363. Suspension of the statute of limitations to obtain foreign 
                            evidence.
                      Chapter 3--Civil Forfeiture

Sec. 371. Computers and other devices used for counterfeiting.
Sec. 372. Fungible property in bank accounts.
Sec. 373. Availability of tax records.
Sec. 374. Civil order to repatriate assets.
Sec. 375. Clarification of 18 U.S.C. 3322.
Sec. 376. Inapplicability of liability for attorneys fees in 
                            international money laundering cases.
Sec. 377. Venue for prisoner challenges to seizure of crime proceeds.
Sec. 378. Affording property owners a hearing on the seizure of real 
                            property.
Sec. 379. Jurisdiction of magistrates.
Sec. 380. Minor amendments to the Civil Asset Forfeiture Reform Act of 
                            2000.
Sec. 381. Property detained at the border.
Sec. 382. Obstruction of justice.
Sec. 383. Source of payment for attorney's fees.
Sec. 384. Excessive fines challenges.
Sec. 385. Payment in lieu of forfeiture.
Sec. 386. Statutory standing.
Sec. 387. Updating the cross reference to forfeiture procedures.
Sec. 388. Protecting the rights of victims.
Sec. 389. Other minor and technical amendments.
Sec. 390. Frivolous claims by prisoners.
                 TITLE IV--DRUG TRAFFICKING ENFORCEMENT

             Subtitle A--Regulation of Analogue Substances

Sec. 401. Short title.
Sec. 402. Identification of analogues.
    Subtitle B--Clarification of Venue for Certain Drug Trafficking 
                                Offenses

Sec. 411. Clarification of venue for certain drug trafficking offenses.
               TITLE V--CRIMINAL RESTITUTION IMPROVEMENT

Sec. 501. Mandatory restitution for Federal offenses.
Sec. 502. Table of sections amendment.
Sec. 503. Effect of restitution order on sentence of probation.
Sec. 504. Conforming amendments and repeals.
Sec. 505. Special forfeiture of collateral profits from crime.
Sec. 506. Amendments to the Mandatory Victims Restitution Act.
Sec. 507. Amendments to the anti-fraud injunction statute.
Sec. 508. Amendments to the Federal Debt Collection Procedures Act.
Sec. 509. Authorization of appropriations.
            TITLE VI--COUNTERTERRORISM AND NATIONAL SECURITY

Sec. 601. Providing material support to facilitate, reward, or 
                            encourage acts of terrorism.
Sec. 602. Prohibiting attempts and conspiracies to obtain military-type 
                            training from a foreign terrorist 
                            organization.
Sec. 603. Kidnapping and rape overseas.
Sec. 604. Hostage taking.
Sec. 605. Interference with flight crew or threat to safety of 
                            aircraft.
Sec. 606. Increased penalties for providing material support to 
                            terrorists.
Sec. 607. Denial of Federal benefits to convicted terrorists.
Sec. 608. Improve investigation of terrorist crimes.
Sec. 609. Solicitation to commit a crime of violence or terrorism.
Sec. 610. Terrorist offense resulting in death.
Sec. 611. Death penalty for certain terror related crimes.
Sec. 612. Increase in certain penalties.
Sec. 613. Modernization of state of mind requirement for section 2339C 
                            offenses.
Sec. 614. Providing material support to terrorist groups.
Sec. 615. Wiretap predicate.
          TITLE VII--GANG DETERRENCE AND COMMUNITY PROTECTION

Sec. 701. Short title.
 Subtitle A--Criminal Law Reforms and Enhanced Penalties to Deter and 
  Punish Illegal Street Gang Activity and Related Criminal Law Reforms

Sec. 711. Revision and extension of penalties related to criminal 
                            street gang activity.
Sec. 712. Increased penalties for interstate and foreign travel or 
                            transportation in aid of racketeering.
Sec. 713. Amendments relating to violent crime.
Sec. 714. Increased penalties for use of interstate commerce facilities 
                            in the Commission of murder-for-hire and 
                            other felony crimes of violence.
Sec. 715. Increased penalties for violent crimes in aid of racketeering 
                            activity.
Sec. 716. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.
Sec. 717. Multiple interstate murder.
Sec. 718. Additional racketeering activity.
Sec. 719. Expansion of rebuttable presumption against release of 
                            persons charged with firearms offenses.
Sec. 720. Venue in capital cases.
Sec. 721. Statute of limitations for violent crime.
Sec. 722. Modification of definition of crime of violence.
Sec. 723. Clarification to hearsay exception for forfeiture by 
                            wrongdoing.
Sec. 724. Increased penalties for criminal use of firearms in crimes of 
                            violence and drug trafficking.
Sec. 725. Transfer of juveniles.
 Subtitle B--Increased Federal Resources to Deter and Prevent At-Risk 
                Youth From Joining Illegal Street Gangs

Sec. 731. Designation of and assistance for ``high intensity'' 
                            interstate gang activity areas.
Sec. 732. Grants to State and local prosecutors to combat violent crime 
                            and to protect witnesses and victims of 
                            crimes.

           TITLE I--VIOLENT CRIME PREVENTION AND ENFORCEMENT

   Subtitle A--Improving Violent Crime Prevention and Strengthening 
                           Antigang Measures

SEC. 101. AMENDMENTS RELATING TO VIOLENT CRIME.

    (a) Clarification of Illegal Gun Transfers To Commit Drug 
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18, 
United States Code, is amended to read as follows:
    ``(h) Whoever, in or affecting interstate or foreign commerce, 
knowingly transfers a firearm, knowing that the firearm will be used to 
commit, or possessed in furtherance of, a crime of violence or drug 
trafficking crime (as defined in subsection (c)(2)), shall be fined 
under this title and imprisoned not more than 20 years.''.
    (b) Conspiracy Penalty.--Section 371 of title 18, United States 
Code, is amended by striking ``five years, or both.'' and inserting 
``20 years (unless the maximum penalty for the crime that served as the 
object of the conspiracy has a maximum penalty of imprisonment of less 
than 20 years, in which case the maximum penalty under this section 
shall be the penalty for such crime), or both. This paragraph does not 
supersede any other penalty specifically set forth for a conspiracy 
offense.''.

SEC. 102. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

    (a) In General.--Section 924(e) of title 18, United States Code, is 
amended by striking paragraph (1) and inserting the following:
    ``(1) In the case of a person who violates section 922(g) of this 
title and has previously been convicted by any court referred to in 
section 922(g)(1) of a violent felony or a serious drug offense shall--
            ``(A) in the case of 1 such prior conviction, where a 
        period of not more than 10 years has elapsed since the later of 
        the date of conviction and the date of release of the person 
        from imprisonment for that conviction, be imprisoned for not 
        more than 15 years, fined under this title, or both;
            ``(B) in the case of 2 such prior convictions, committed on 
        occasions different from one another, and where a period of not 
        more than 10 years has elapsed since the later of the date of 
        conviction and the date of release of the person from 
        imprisonment for the most recent such conviction, be imprisoned 
        for not more than 20 years, fined under this title, or both; 
        and
            ``(C) in the case of 3 such prior convictions, committed on 
        occasions different from one another, be fined under this title 
        and imprisoned not less than 15 years or more than life, and 
        notwithstanding any other provision of law, the court shall not 
        suspend the sentence of, or grant a probationary sentence to, 
        such person with respect to the conviction under section 
        922(g).''.
    (b) Amendment to Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines to 
provide for an appropriate increase in the offense level for violations 
of section 922(g) of title 18, United States Code, in accordance with 
section 924(e) of that title 18, as amended by subsection (a).

SEC. 103. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF 
              PERSONS CHARGED WITH FIREARMS OFFENSES.

    Section 3142(e) of title 18, United States Code, is amended in the 
matter following paragraph (3) by inserting ``an offense under 
subsection (g)(1), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section 
922,'' after ``that the person committed''.

SEC. 104. CONFORMING AMENDMENT.

    Section 922(d) of title 18, United States Code, is amended in the 
matter preceding paragraph (1) by inserting ``, transfer,'' after 
``sell''.

SEC. 105. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR 
              TRANSPORTATION IN AID OF RACKETEERING.

    Section 1952 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``perform'' and all that 
        follows through the end of the subsection and inserting 
        ``perform or attempts to perform an act described in paragraph 
        (1), (2), or (3), or conspires to do so, shall be punished as 
        provided in subsection (d).''; and
            (2) by adding at the end following:
    ``(d) The punishment for an offense under subsection (a) is--
            ``(1) in the case of a violation of paragraph (1) or (3), a 
        fine under this title and imprisonment for not more than 20 
        years; and
            ``(2) in the case of a violation of paragraph (2), a fine 
        under this title and imprisonment for any term of years or for 
        life, but if death results the offender may be sentenced to 
        death.''.

SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES 
              IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY 
              CRIMES OF VIOLENCE.

    (a) In General.--Section 1958 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 1958. Use of interstate commerce facilities in the commission of 
              murder-for-hire and other felony crimes of violence'';
        and
            (2) in subsection (a), by--
                    (A) inserting ``or other crime of violence, 
                punishable by imprisonment for more than 1 year,'' 
                after ``intent that a murder''; and
                    (B) striking ``shall be fined'' the first place it 
                appears and all that follows through the end of such 
                subsection and inserting the following: ``shall, in 
                addition to being subject to a fine under this title--
            ``(1) if death results, be sentenced to death or life in 
        prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, or a 
        conspiracy to commit such a crime of violence, be imprisoned 
        any term of years or for life;
            ``(3) if the crime of violence is an assault, or a 
        conspiracy to assault, that results in serious bodily injury 
        (as defined in section 1365), be imprisoned not more than 30 
        years; and
            ``(4) in any other case, be imprisoned not more than 20 
        years.''.
    (b) Clerical Amendment.--The item relating to section 1958 in the 
table of sections at the beginning of chapter 95 of title 18, United 
States Code, is amended to read as follows:

``1958. Use of interstate commerce facilities in the commission of 
                            murder-for-hire and other felony crimes of 
                            violence.''.

SEC. 107. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3299A. Violent crime offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital felony crime of violence, including any racketeering 
activity or gang crime which involves any crime of violence, unless the 
indictment is found or the information is instituted not later than 10 
years after the date on which the alleged violation occurred or the 
continuing offense was completed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

``3299A. Violent crime offenses.''.

SEC. 108. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.

    Section 3286(a) of title 18, United States Code, is amended--
            (1) in the subsection heading, by striking ``Eight-Year'' 
        and inserting ``Ten-Year''; and
            (2) in the first sentence, by striking ``8 years'' and 
        inserting ``10 years''.

SEC. 109. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL 
              ALIENS.

    (a) Offenses.--Part 1 of title 18, United States Code, is amended 
by inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec. 1131. Enhanced penalties for certain crimes committed by illegal 
              aliens
    ``(a) In General.--Whoever, being an alien who is present in the 
United States in violation of section 275 or 276 of the Immigration and 
Nationality Act (8 U.S.C. 1325 and 1326), knowingly commits, conspires, 
or attempts to commit a felony crime of violence for which imprisonment 
for a period of more than 1 year may be imposed, or a drug trafficking 
crime (as defined in section 924(c)), shall be fined under this title, 
imprisoned not more than 20 years, or both.
    ``(b) Previously Ordered Removed.--If the defendant in a 
prosecution under subsection (a) was previously ordered removed under 
the Immigration and Nationality Act on the grounds of having committed 
a crime, the defendant shall be fined under this title, imprisoned not 
more than 30 years, or both.
    ``(c) Running of Sentence.--A term of imprisonment imposed for an 
offense pursuant to this section may not run concurrently with any 
other sentence of imprisonment imposed for another offense.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following new item:

``52. Illegal Aliens........................................    1131''.

          Subtitle B--Death Penalty Procedures Improvement Act

SEC. 121. SHORT TITLE.

    This subtitle may be cited as the ``Death Penalty Procedures 
Improvement Act of 2007''.

SEC. 122. ELIMINATION OF DEATH PENALTY HEARING DISCREPANCIES.

    (a) Title 18 Amendments.--
            (1) Review of sentence.--Section 3595(b)(4) of title 18, 
        United States Code, is amended by striking ``3593(d)'' and 
        inserting ``3593(e)''.
            (2) Counsel for indigents.--Section 3599(g)(1) of title 18, 
        United States Code, is amended by striking ``$125'' and 
        inserting ``$160''.
    (b) Title 28 Amendments.--Chapter 153 of title 28, United States 
Code, is amended--
            (1) in section 2254(h) by striking ``section 408 of the 
        Controlled Substances Act'' and inserting ``section 3599 of 
        title 18''; and
            (2) in section 2255 by striking ``section 408 of the 
        Controlled Substances Act'' and inserting ``section 3599 of 
        title 18''.

SEC. 123. AMENDMENTS RELATING TO SECTION 3593 OF TITLE 18.

    Section 3593 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``, a reasonable time before trial 
                or before acceptance by the court of a plea of 
                guilty,''; and
                    (B) in the flush text--
                            (i) in the second to last sentence, by 
                        inserting after ``other relevant information'' 
                        the following: ``, including any factor 
                        concerning the state of mind, intent, or other 
                        aspect of culpability of the defendant in 
                        committing the offense.''; and
                            (ii) by inserting at the end the following: 
                        ``The notice must be filed a reasonable time 
                        before trial or before acceptance by the court 
                        of a plea of guilty. The court shall, where 
                        necessary to ensure adequate preparation time 
                        for the defense, grant a reasonable continuance 
                        of the trial. If the government has not filed a 
                        notice of intent to seek the death penalty or 
                        informed the court that a notice of intent to 
                        seek the death penalty will not be filed, the 
                        court shall not accept a plea of guilty to an 
                        offense described in section 3591 without the 
                        concurrence of the government.'';
            (2) in subsection (b), by inserting at the end of the flush 
        text the following: ``The court shall retain alternate jurors 
        until the completion of the sentencing hearing, unless the 
        sentencing is before the court alone under paragraph (3). The 
        replacement of jurors with alternate jurors during the 
        sentencing hearing will be conducted in accordance with Rule 24 
        of the Rules of Criminal Procedure.'';
            (3) in subsection (c)--
                    (A) in the fourth sentence, by inserting ``for 
                which notice has been provided under subsection (b)'' 
                before the period;
                    (B) in the fifth sentence, by inserting ``, 
                including information pertaining to criminal conduct 
                that has not resulted in a conviction'' before the 
                period;
                    (C) by inserting after the eighth sentence the 
                following: ``The government shall be permitted to 
                cross-examine the defendant regarding any statements or 
                testimony by the defendant to the sentencing jury.'';
                    (D) by inserting after the fourth sentence the 
                following: ``If the defendant has raised the issue of 
                mental retardation as required under subsection (b), 
                the defendant may introduce information relevant to 
                mental retardation.''; and
                    (E) by inserting at the end the following: ``The 
                defendant shall have the burden of proving mental 
                retardation by the preponderance of the information.'';
            (4) in subsection (d)--
                    (A) in the second sentence by inserting ``determine 
                the truth of the allegations in the notice filed under 
                subsection (a) regarding any mental state set forth in 
                section 3591(a), and'' after ``It shall'';
                    (B) by inserting after the second sentence the 
                following: ``In any case in which the defendant has 
                raised the issue of mental retardation as required 
                under subsection (b), the jury, or if there is no jury, 
                the court, shall determine the issue of mental 
                retardation only if any aggravating factor set forth in 
                section 3592 is found to exist. Such determination 
                shall occur prior to the consideration of any 
                mitigating factor.''; and
                    (C) by inserting at the end the following: ``If the 
                jury, or if there is no jury, the court, determines 
                that the defendant is mentally retarded, the court 
                shall sentence the defendant to life imprisonment 
                without the possibility of release, or some other 
                lesser sentence authorized by law.'';
            (5) in subsection (e)--
                    (A) by inserting before the last sentence the 
                following: ``In assessing the appropriateness of a 
                sentence of death, the jury, or if there is no jury, 
                the court must base the decision on the facts of the 
                offense and the aggravating and mitigating factors and 
                avoid any influence of passion, prejudice, or other 
                arbitrary factor when imposing sentence.'';
                    (B) by striking ``, to life imprisonment without 
                the possibility of release or some other lesser 
                sentence''; and
                    (C) by inserting at the end the following: ``The 
                jury's sentencing recommendation must be unanimous. In 
                cases in which the jury unanimously rejects a sentence 
                of death but finds at least 1 aggravating factor under 
                section 3592 and the existence of at least 1 intent 
                factor necessary under section 3591 to impose a 
                sentence of death, the court shall impose a sentence of 
                life without the possibility of release.'';
            (6) by redesignating subsections (b) through (f) as 
        subsections (c) through (g); and
            (7) by adding after subsection (a) the following:
    ``(b) Notice by the Defendant.--
            ``(1) In general.--If, as required under subsection (a), 
        the government has filed notice seeking a sentence of death, 
        the defendant shall, a reasonable time before the trial, sign 
        and file with the court, and serve on the attorney for the 
        government, notice setting forth the mitigating factor or 
        factors that the defendant proposes to prove mitigate against 
        imposition of a sentence of death. In any case in which the 
        defendant intends to raise the issue of mental retardation as 
        precluding a sentence of death, the defendant shall, a 
        reasonable time before trial, sign and file with the court, and 
        serve on the attorney for the government, notice of such 
        intent.
            ``(2) Mental examination.--When a defendant makes a claim 
        of mental retardation or intends to rely on evidence of mental 
        impairment, or other mental defect or disease as a mitigating 
        factor under this section, the government shall have the right 
        to an independent mental health examination of the defendant. 
        If the court finds it appropriate, more than 1 such 
        professional shall perform the examination. To facilitate the 
        examination, the court may commit the person to be examined for 
        a reasonable period, to the custody of the Attorney General for 
        placement in a suitable facility.
            ``(3) Preparation time.--Following the filing of a 
        defendant's notice under this subsection, the court shall, 
        where necessary to ensure adequate preparation time for the 
        government, grant a reasonable continuance of the trial.
            ``(4) Determination of mental retardation.--For purposes of 
        this chapter, a defendant is mentally retarded if, since some 
        point in time prior to age 18, he or she has continuously had 
        an intelligence quotient of 70 or lower and, as a result of 
        that significantly subaverage mental functioning, has since 
        that point in time continuously had a diminished capacity to 
        understand and process information, abstract from mistakes and 
        learn from experience, engage in logical reasoning, control 
        impulses, and understand others' reactions.''.

SEC. 124. AMENDMENTS RELATING TO SECTION 3592 OF TITLE 18.

    Section 3592 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``for which notice has 
        been provided'' after ``factor'';
            (2) in subsection (c)(1)--
                    (A) by inserting ``section 241 (conspiracy against 
                rights), section 245 (federally protected activities), 
                section 247 (interference with religious exercise),'' 
                after ``section 37 (violence at international 
                airports),''; and
                    (B) by inserting ``section 1512 (tampering with a 
                witness, victim, or an informant), section 1513 
                (retaliating against a witness, victim, or an 
                informant),'' after ``section 1203 (hostage taking),'';
            (3) so that paragraph (2) of subsection (c) reads as 
        follows:
            ``(2) Previous conviction of violent felony involving 
        firearm.--The defendant has previously been convicted of a 
        Federal or State offense punishable by a term of imprisonment 
        of more than 1 year, involving the use or attempted use or 
        threatened use of a firearm (as defined in section 921) against 
        another person.'';
            (4) in subsection (c)(8)--
                    (A) by striking ``or''; and
                    (B) by inserting ``or in order to retain 
                possession'' before ``of anything'';
            (5) in subsection (c)(12), by striking ``had previously'' 
        each place that term appears and inserting ``has previously''; 
        and
            (6) by adding after subsection (c)(16) the following:
            ``(17) Obstruction of justice.--The defendant in commission 
        of the offense, or in an attempt to avoid apprehension, or 
        conviction for the offense, engaged in conduct, which resulted 
        in harm or a threat of harm to another person, intending to 
        obstruct the investigation or prosecution of any offense.''.

SEC. 125. AMENDMENTS RELATING TO SECTION 3594 OF TITLE 18.

    Section 3594 of title 18, United States Code, is amended--
            (1) in the first sentence--
                    (A) by striking ``3593(e)'' and inserting 
                ``3593(f)''; and
                    (B) by striking ``or life imprisonment without the 
                possibility of release''; and
            (2) in the second sentence--
                    (A) by inserting ``life imprisonment without the 
                possibility of release, or'' after ``shall impose''; 
                and
                    (B) by inserting ``as limited by section 3593(f)'' 
                before the period.

SEC. 126. AMENDMENTS RELATING TO SECTIONS 3596 AND 3597 OF TITLE 18.

    (a) Implementation of Death Sentence.--Section 3596 of title 18, 
United States Code, is amended--
            (1) in subsection (a), by striking ``When the sentence is 
        to be implemented'' and all that follows through ``such law'' 
        and inserting the following: ``A sentence of death for any 
        offense against the United States shall be implemented pursuant 
        to regulations promulgated by the Attorney General''; and
            (2) in subsection (c)--
                    (A) by striking the first sentence; and
                    (B) by adding at the end the following: ``The 
                Government shall not be limited in its opportunities to 
                seek rehearing, based on changed circumstances, of a 
                finding of mental incapacity under this subsection.''.
    (b) Use of Facilities.--
            (1) In general.--Section 3597 of title 18, United States 
        Code is amended--
                    (A) in the heading, by striking ``state'';
                    (B) in subsection (a), by striking ``A United 
                States marshal'' and all that follows through 
                ``Attorney General'' and inserting the following: ``An 
                official charged with supervising the implementation of 
                a sentence of death shall use appropriate Federal or 
                State facilities for the purpose''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(c) Confidentiality.--Notwithstanding any other law, the identity 
of any employee of the United States Department of Justice, the Federal 
Bureau of Prisons, the United States Marshals Service, any State 
department of corrections, or of any person providing services under 
contract or victim or victim's survivor, who participates in or 
witnesses the administration of an execution pursuant to this section 
shall not be publicly disclosed, absent the consent of any such 
individual.''.
            (2) Conforming amendment.--The analysis for chapter 228 of 
        title 18, United States Code is amended by striking the item 
        relating to section 3597 and inserting the following:

``3597. Use of facilities.''.

   Subtitle C--Clarifying the Authority To Issue Cell Location Orders

SEC. 131. AMENDMENT TO SECTION 2703 OF TITLE 18 TO CLARIFY ONGOING 
              SCOPE OF ORDERS AND WARRANTS.

    (a) Disclosure of Customer Communications.--Section 2703 of title 
18, United States Code, is amended by adding at the end the following:
    ``(h)(1) In General.--A court order under subsection (d) or a 
warrant under subsection (c)(1)(A) may require that records or other 
information (not including the contents of communications) be disclosed 
to a governmental entity on an ongoing basis.
    ``(2) Standard.--The court shall issue an order or warrant 
requiring such ongoing disclosure if--
            ``(A) in the case of a court order under subsection (d), 
        the court finds that the application contains specific and 
        articulable facts showing that there are reasonable grounds to 
        believe that the records or other information (not including 
        the contents of communications) will be relevant and material 
        to an ongoing criminal investigation; or
            ``(B) in the case of a warrant under subsection (c)(1)(A), 
        the court finds that probable cause supports issuing the 
        warrant.
    ``(3) Duration.--An order or warrant requiring ongoing disclosure 
under this subsection may require ongoing disclosure for a period not 
to exceed 60 days. Extensions of such an order or warrant may be 
granted, but only upon an application for an extension under this 
subsection and upon the judicial finding required by paragraph (2). The 
period of extension shall be for a period not to exceed 60 days.
    ``(4) Nondisclosure.--An order or warrant requiring ongoing 
disclosure under this subsection shall direct that--
            ``(A) the order or warrant be sealed until otherwise 
        ordered by the court; and
            ``(B) the person or entity who is obligated by the order or 
        warrant to disclose records or other information on an ongoing 
        basis to the applicant shall not disclose the existence of the 
        order or warrant or the existence of the investigation to any 
        other person, unless or until otherwise ordered by the court.
    ``(5) Scope and Assistance.--
            ``(A) In general.--An order or warrant requiring ongoing 
        disclosure under this subsection, upon service of that order or 
        warrant, shall apply to any person or entity providing wire or 
        electronic communication service or remote computing service in 
        the United States whose assistance may facilitate the execution 
        of the order or warrant. Whenever such an order or warrant is 
        served on any person or entity not specifically named in the 
        order or warrant, upon request of such person or entity, the 
        attorney for the Government or law enforcement or investigative 
        officer that is serving the order or warrant shall provide 
        written or electronic certification that the order or warrant 
        applies to the person or entity being served.
            ``(B) Information provided.--Upon the request of an 
        attorney for the Government or an officer of a law enforcement 
        agency authorized to receive the results of an order or warrant 
        requiring ongoing disclosure under this subsection, a provider 
        of a wire or electronic communication service or a provider of 
        remote computing services shall furnish such investigative or 
        law enforcement officer all information, facilities, technical, 
        and other assistance including execution of such warrant or 
        order unobtrusively and with no more interference with the 
        services that the person so ordered by the court accords the 
        party with respect to whom the warrant or order pertains than 
        is necessary to effect the disclosure required under the 
        warrant or order, if such installation and assistance is 
        directed by a court. Unless otherwise ordered by the court, 
        records or other information disclosed under such warrant or 
        order shall be furnished to the officer of a law enforcement 
        agency designated in the court order, at reasonable intervals 
        during regular business hours for the duration of the order. 
        Pursuant to section 2522, an order may be issued to enforce the 
        assistance capability and capacity requirements under the 
        Communications Assistance for Law Enforcement Act.
    ``(6) Nonexclusivity.--Nothing in this subsection shall preclude a 
governmental entity from requiring or receiving the production on an 
ongoing basis of records or other information (not including the 
contents of communications) with consent of the subscriber or user, or 
under any other lawful authority.''.
    (b) Electronic Communications.--Subsection 2703(c)(1) of title 18, 
United States Code, is amended by--
            (1) redesignating subparagraph (E) as subparagraph (F); and
            (2) inserting after subparagraph (D) the following:
                    ``(E) certifies in writing that it is investigating 
                the disappearance of the subscriber or customer, that 
                it has the purpose of locating that subscriber or 
                customer, and--
                            ``(i) the subscriber or customer is a 
                        minor; or
                            ``(ii) the governmental entity reasonably 
                        believes that the subscriber or customer is 
                        suffering from a condition or circumstance that 
                        may create an imminent danger of his or her 
                        death or serious physical injury, and the 
                        customer or subscriber's spouse, parent, lawful 
                        guardian, adult child, or adult sibling has 
                        consented to the disclosure; or''.

SEC. 132. PEN REGISTER AND TRAP AND TRACE AMENDMENT.

    Section 3121 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``2703(h) or section'' 
        after ``under section''; and
            (2) in subsection (b)--
                    (A) by striking ``by a provider of electronic or 
                wire communication service'';
                    (B) in paragraph (1), by inserting ``by a provider 
                of electronic or wire communication service,'' before 
                ``relating to'';
                    (C) in paragraph (2)--
                            (i) by inserting ``by a provider of 
                        electronic or wire communication service,'' 
                        before ``to record''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by inserting after paragraph (2) the following:
            ``(3) with the consent of a party to a communication, or 
        under any other circumstances in which the contents of a 
        communication may be lawfully intercepted under chapter 119 of 
        this title; or
            ``(4) by a government agency, or a provider of electronic 
        or wire communication service acting upon the written request 
        of a government agency, when the government agency certifies in 
        writing that--
                    ``(A) it is investigating the disappearance of a 
                subscriber, customer, or user, that it has the purpose 
                of locating such subscriber, customer, or user; and
                    ``(B)(i) the subscriber, customer, or user is a 
                minor; or
                    ``(ii) the governmental entity reasonably believes 
                that the subscriber, customer, or user is suffering 
                from a condition or circumstance that may create an 
                imminent danger of his or her death or serious physical 
                injury, and the subscriber, customer, or user's spouse, 
                parent, lawful guardian, adult child, or adult sibling 
                has consented to the use of the pen register or trap 
                and trace device.''.

SEC. 133. AMENDMENT TO MOBILE TRACKING DEVICES STATUTE.

    Section 3117 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting at the end the 
        following: ``Nothing in this section shall be construed to 
        require a warrant when the Constitution of the United States 
        does not require a warrant.'';
            (2) in subsection (b)--
                    (A) by striking ``section, the term'' and inserting 
                ``section--
            ``(1) the term'';
                    (B) by striking the period and inserting ``; and''; 
                and
                    (C) by inserting at the end the following:
            ``(2) the term `installation' means the physical attachment 
        to a person or object.''.

SEC. 134. AMENDMENT TO COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT 
              ACT.

    Section 103(a)(2) of the Communications Assistance for Law 
Enforcement Act (47 U.S.C. 1002(a)(2)) is amended by striking ``(except 
to the extent that the location may be determined from the telephone 
number)'' and inserting ``(except to the extent that the location may 
be determined from the telephone number or other device identifier). 
Such call-identifying information may include information that may 
disclose such physical location if it is acquired pursuant to a court 
order or warrant, under section 2703 of title 18, United States Code, 
or other lawful authorization).''.

    TITLE II--ENDING DEMAND FOR CHILD PORNOGRAPHY AND CHILD SEXUAL 
                              EXPLOITATION

SEC. 201. MANDATORY MINIMUM FOR POSSESSION OF CHILD PORNOGRAPHY.

    (a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United 
States Code, is amended by striking ``or imprisoned not more than 10 
years, or both'' and inserting ``and imprisoned not less than 2 years 
nor more than 15 years''.
    (b) Pornography.--Section 2252A(b)(2) of title 18, United States 
Code, is amended by striking ``or imprisoned not more than 10 years, or 
both'' and inserting ``and imprisoned not less than 2 years nor more 
than 15 years''.

SEC. 202. STRENGTHENING SECTION 13032 OF TITLE 42, UNITED STATES CODE, 
              TO ENSURE THAT CHILD PORNOGRAPHY IS EFFECTIVELY REPORTED.

    Section 227(b)(2) of the Victims of Child Abuse Act of 1990 (42 
U.S.C. 13032) is amended to read as follows:
            ``(4) Failure to report.--
                    ``(A) Knowingly.--A provider of electronic 
                communication services or remote computing services 
                described in paragraph (1) who knowingly and willfully 
                fails to make a report under that paragraph shall be 
                fined--
                            ``(i) in the case of an initial failure to 
                        make a report, not more than $150,000; and
                            ``(ii) in the case of any second or 
                        subsequent failure to make a report, not more 
                        than $300,000.
                    ``(B) Negligently.--A provider of electronic 
                communication services or remote computing services 
                described in paragraph (1) who negligently fails to 
                make a report under that paragraph shall be subject to 
                a civil penalty of--
                            ``(i) in the case of an initial failure to 
                        make a report, not more than $50,000; and
                            ``(ii) in the case of any second or 
                        subsequent failure to make a report, not more 
                        than $100,000.
                    ``(C) FCC authority.--For the purposes of this 
                paragraph, the Federal Communications Commission shall 
                have the authority to levy civil penalties and shall 
                promulgate regulations, in consultation with the 
                Attorney General, to effectuate the purposes of this 
                paragraph and to provide for appropriate administrative 
                review of any civil penalties levied thereunder.''.

SEC. 203. CONSPIRACY PROVISION FOR CHAPTER 77 OFFENSES.

    Section 1594(a) of title 18, United States Code, is amended by 
inserting after ``attempts'' the following: ``or conspires to''.

SEC. 204. AMEND DEFINITION OF ILLICIT SEXUAL CONDUCT.

    Section 2423(f) of title 18, United States Code, is amended by--
            (1) striking ``or''; and
            (2) striking the period at the end of the subsection and 
        inserting ``; or (3) production of child pornography, as 
        defined in section 2256(8).''.

SEC. 205. EXPAND THE USE OF THE SEX TRAFFICKING STATUTE.

    (a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United 
States Code, is amended by inserting after ``this chapter,'' the 
following: ``section 1591,''.
    (b) Pornography.--Section 2252A(b)(2) of title 18, United States 
Code, is amended by inserting after ``this chapter,'' the following: 
``section 1591,''.
    (c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United 
States Code, is amended--
            (1) following ``109A,'' by striking ``or'' ; and
            (2) by inserting after ``chapter 110'' the following ``or 
        section 1591''.
    (d) Release and Detention.--Section 3156(a)(4)(C) of title 18, 
United States Code, is amended by inserting after ``117'' the 
following: ``, or section 1591''.
    (e) Administrative Subpoenas.--Section 3486(a)(1)(D) of title 18, 
United States Code, is amended by inserting after ``1201,'' the 
following: ``1591,''.

SEC. 206. INCREASED PENALTIES FOR SEXUAL EXPLOITATION OF CHILDREN.

    Section 2251(e) of title 18, United States Code, is amended--
            (1) by striking ``15 years nor more than 30 years'' and 
        inserting ``20 years or for life''; and
            (2) by striking ``not less than 25 years nor more than 50 
        years,'' and all that follows through ``not less than 35 years 
        nor more than life.'' and inserting ``life.''.

SEC. 207. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL 
              INVOLVING THE SEXUAL EXPLOITATION OF CHILDREN.

    Section 2252(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``5 years and not more than 20 
                years'' and inserting ``15 years or for life''; and
                    (B) by striking ``not less than 15 years nor more 
                than 40 years.'' and inserting ``life.''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned not more than 10 
                years, or both'' and inserting ``and imprisoned for not 
                less than 3 years nor more than 20 years''; and
                    (B) by striking ``10 years nor more than 20 
                years.'' and inserting ``20 years or for life.''.

SEC. 208. INCREASED PENALTIES FOR ACTIVITIES RELATING TO MATERIAL 
              CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.

    Section 2252A(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``5 years and not more than 20 
                years'' and inserting ``15 years or for life''; and
                    (B) by striking ``not less than 15 years nor more 
                than 40 years'' and inserting ``life''; and
            (2) in paragraph (2)--
                    (A) by striking ``or imprisoned not more than 10 
                years, or both'' and inserting ``and imprisoned for not 
                less than 3 years nor more than 20 years''; and
                    (B) by striking ``10 years nor more than 20 years'' 
                and inserting ``20 years or for life''.

SEC. 209. ADDITIONAL RESOURCES FOR THE INNOCENT IMAGES NATIONAL 
              INITIATIVE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation to 
carry out the Innocent Images National Initiative, $30,000,000 for each 
of the fiscal years 2008 through 2012.
    (b) Availability.--Any amounts appropriated pursuant to subsection 
(a) shall remain available until expended.

                  TITLE III--THE PROCEEDS OF CRIME ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Proceeds of Crime Act of 2007''.

    Subtitle A--Property Subject to Forfeiture to the United States

SEC. 302. ADDITIONS TO THE GENERAL FORFEITURE STATUTE.

    (a) Terrorism.--Section 981(a)(1)(H) of title 18, United States 
Code, is amended by striking ``section 2339C'' and inserting ``sections 
2339A, 2339B, 2339C, or 2339D''.
    (b) Fraud and Computer Crimes.--
            (1) Civil forfeiture.--Section 981(a)(1) of title 18, 
        United States Code, is amended by adding the following at the 
        end:
            ``(I)(i) Any computer, Internet domain name, photostatic 
        reproduction machine, electronic communications device or other 
        article, apparatus, device or thing made, possessed, fitted, 
        used or intended to be used to commit, or to facilitate the 
        commission of a violation of sections 513, 514, 1028 through 
        1032, and 1341 through 1350 of this title, or a conspiracy to 
        commit such offense, and any property traceable to such 
        property.''.
            (2) Definitions.--Section 982(a)(2) of title 18, United 
        States Code, is amended by--
                    (A) striking ``, affecting a financial 
                institution''; and
                    (B) inserting the following at the end: ``For 
                purposes of this subsection, if the violation giving 
                rise to the forfeiture is part of a continuing scheme 
                or plan, the court shall order the person convicted of 
                the offense to forfeit the proceeds of the entire 
                scheme or plan.''.
    (c) Property Used To Commit a Criminal Offense.--Section 
981(a)(1)(C) of title 18, United States Code, is amended to read as 
follows:
            ``(C) Any property, real or personal, that constitutes or 
        is derived from the proceeds of any offense constituting a 
        specified unlawful activity (as defined in section 1956(c)(7)), 
        or a conspiracy to commit such offense, any property used or 
        intended to be used to commit or to facilitate the commission 
        of such offense, and any property traceable thereto.''.
    (d) Odometer Tampering Offenses.--Section 981(a)(1)(F) of title 18, 
United States Code, is amended--
            (1) in clause (iv), by striking ``or'' at the end;
            (2) in clause (v) by striking the period at the end and 
        inserting ``; or'';
            (3) by inserting after clause (v) the following:
                            ``(vi) sections 32703 (motor vehicle 
                        odometer tampering), 32704 (odometer tampering 
                        by replacing odometers), and 32705(a)(2) (false 
                        odometer certification) of title 49, United 
                        States Code.''; and
            (4) by adding at the end the following:
        ``In the case of a violation described in clause (i) or (vi), 
        any vehicles or other property involved in the commission of 
        the offense shall also be subject to forfeiture.''.
    (e) Repeal of Obsolete Provision.--Section 981(a)(1)(E) of title 
18, United States Code, is repealed.

SEC. 303. DRUGS AND MONEY LAUNDERING.

    (a) Money Laundering Conspiracies.--Section 982(a)(1) of title 18, 
United States Code, is amended by inserting ``, or any conspiracy to 
commit any such offense'' after ``of this title''.
    (b) Property Used To Commit a Drug Offense.--
            (1) Conveyances.--Section 511(a)(4) of the Controlled 
        Substances Act (21 U.S.C. 881(a)(4)) is amended to read as 
        follows:
            ``(4) Any property used or intended to be used to commit or 
        to facilitate the commission of an offense under this 
        subchapter punishable by more than one year's imprisonment, and 
        any property traceable to such property.''.
            (2) Real property.--Section 511(a)(7) of the Controlled 
        Substances Act (21 U.S.C. 881(a)(7)) is amended by inserting 
        ``, and any property traceable to such property'' after ``one 
        year's imprisonment''.
    (c) Negotiable Instruments, Securities, and Other Things of 
Value.--Section 511(a)(6) of the Controlled Substances Act (21 U.S.C. 
881(a)(6)) is amended by--
            (1) inserting ``, and any property traceable to such 
        property'' after ``this subchapter'' the second time it 
        appears; and
            (2) inserting ``or other things of value'' before ``used or 
        intended to be used''.
    (d) Ammunition.--Section 511(a)(11) of the Controlled Substances 
Act (21 U.S.C. 881(a)(11)) is amended by striking ``Any firearm (as 
defined in section 921 of title 18)'' and inserting ``Any firearm or 
ammunition (as defined in section 921 of title 18) or any holster or 
other carrying case, body armor, sighting device, or magazine''.
    (e) Body Armor.--Section 924(d)(1) of title 18, United States Code 
is amended by inserting ``or any body armor involved in or used in any 
knowing violation of section 931,'' after ``by clear and convincing 
evidence,''.
    (f) Criminal Forfeiture.--
            (1) Person's property.--Section 413(a)(2) of the Controlled 
        Substances Act (21 U.S.C. 853(a)(2)) is amended by inserting 
        ``, or any property traceable thereto'' before the semicolon.
            (2) Payment of amounts to be received.--Section 413(a) of 
        the Controlled Substances Act (21 U.S.C. 853(a)), is amended by 
        adding at the end the following: ``In addition to any other 
        money judgment that may be imposed under this section, a person 
        who does not receive any proceeds from the sale, importation, 
        or distribution of a controlled substance because the person is 
        arrested, or the controlled substance is seized, before the 
        sale, importation, or distribution is complete, shall pay a 
        money judgment equal to the amount of money that would have 
        been paid if such sale, importation, or distribution had been 
        completed.''
    (g) Summary Forfeiture of Contraband.--
            (1) In general.--Chapter 46 of title 18, United States 
        Code, is amended by adding the following after section 987:
``Sec. 988. Summary forfeiture of contraband
    ``(a) In General.--Any property constituting contraband that is 
lawfully seized or obtained by a Federal law enforcement officer, or 
that is lawfully delivered to a Federal law enforcement officer by a 
State, local, or foreign law enforcement officer, may be summarily 
forfeited to the United States.
    ``(b) Standing.--No person shall have standing to contest the 
forfeiture of property subject to summary forfeiture under this 
section, and no person shall be entitled to notice of such forfeiture.
    ``(c) Disposal of Property.--The Federal law enforcement agency in 
possession of the property subject to summary forfeiture may destroy or 
otherwise dispose of such property and any equipment or container that 
cannot be separated safely from it.
    ``(d) For purposes of this section, contraband means--
            ``(1) any controlled substance, hazardous raw material, 
        equipment or container, plants, or other property subject to 
        summary forfeiture pursuant to section 511(f) or (g) of the 
        Controlled Substances Act (21 U.S.C. 881(f) or (g));
            ``(2) any controlled substance imported into the United 
        States in violation of law;
            ``(3) any money or other thing of value given voluntarily 
        to a Federal law enforcement officer, or person acting at the 
        direction of a Federal law enforcement officer, in the course 
        of an undercover or `sting' operation; or
            ``(4) any property that is illegal to possess.''.
            (2) Conforming amendment.--The section analysis for chapter 
        46 of title 18, United States Code, is amended by inserting the 
        following after the entry relating to section 987:

``Sec. 988. Summary Forfeiture of Contraband.''.

SEC. 304. ALIEN SMUGGLING.

    (a) Real Property Used in Alien Smuggling.--Section 274(b)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1324(b)(1)) is amended 
by--
            (1) striking ``Any conveyance, including any vessel, 
        vehicle, or aircraft, that has been used in the commission of a 
        violation'' and inserting ``Any property, real or personal, 
        used or intended to be used to commit or to facilitate the 
        commission of a violation''; and
            (2) striking ``such conveyance'' and inserting ``such 
        property''.
    (b) Proceeds of Alien Smuggling.--Section 274(b) of the Immigration 
and Nationality Act (8 U.S.C. 1324(b)) is amended by adding the 
following after paragraph (3):
            ``(4) For purposes of this subsection and section 982(a)(6) 
        of title 18, the term `proceeds' includes any property, real or 
        personal, or interest in such property obtained or retained as 
        a consequence of an act or omission in violation of this 
        section.''.
    (c) Technical Corrections.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324(b)(2)) is amended--
            (1) in subsection (b)(2), by inserting ``or the Secretary 
        for Homeland Security'' after ``Attorney General''; and
            (2) in subsection (b)(3)(B), by striking ``the Service'' 
        and inserting ``the Department of Homeland Security''.

SEC. 305. FOOD STAMP FRAUD.

    Section 15(h) of the Food Stamp Act of 1977 (7 U.S.C. 2024(h)) is 
amended to read as follows:
    ``(h) Forfeiture.--
            ``(1) In general.--Any property, real or personal--
                    ``(A) used or intended to be used to commit or to 
                facilitate the commission of a violation (other than a 
                misdemeanor) of subsection (b) or (c), or
                    ``(B) constituting, derived from, or traceable to 
                proceeds of a violation of subsection (b) or (c),
        shall be subject to forfeiture to the United States.
            ``(2) Application of title 18.--The provisions of chapter 
        46 of title 18, United States Code, relating to civil 
        forfeitures, shall extend to any seizure or civil forfeiture 
        under this section.''.

SEC. 306. DEVICES USED TO CREATE OR REPLICATE COUNTERFEIT COMPUTER 
              SOFTWARE.

    (a) In General.--Section 2318(d) of title 18, United States Code, 
is amended to read as follows:
    ``(d) Forfeitures.--
            ``(1) In general.--The following property is subject to 
        forfeiture to the United States--
                    ``(A) any counterfeit label and any article to 
                which a counterfeit label has been affixed or which was 
                intended to have such label affixed;
                    ``(B) any implement, device, or equipment used or 
                intended to be used in the manufacture of counterfeit 
                labels; and
                    ``(C) any replicator or other device or thing used 
                or intended to be used to copy or produce a computer 
                program or other item to which a counterfeit label has 
                been affixed.
            ``(2) Application of chapter 46.--The provisions of chapter 
        46 of this title relating to civil forfeitures shall extend to 
        any seizure or civil forfeiture under this section.''.
    (b) Conforming Amendment.--Section 492 of title 18, United States 
Code, is amended by striking ``or 1720'' and inserting ``, 1720 or 
2318''.

SEC. 307. PROPERTY USED TO ESCAPE FEDERAL CUSTODY OR REMAIN A FUGITIVE.

    Section 981(a)(1) of title 18, United States Code, is amended by 
adding the following after subparagraph (I), as added by this Act:
            ``(J) Any property, real or personal, used or intended to 
        be used--
                    ``(i) to commit, or to facilitate the commission of 
                a violation of section 751 or 752 of this title; or
                    ``(ii) to facilitate the efforts of any person to 
                remain a fugitive from justice, as defined in section 
                2466(a)(1) of title 28, and any property traceable to 
                such property.''.

SEC. 308. COPYRIGHT VIOLATIONS.

    Section 2319A(b) of title 18, United States Code, is amended to 
read as follows:
    ``(b) Forfeitures.--
            ``(1) In general.--The following property is subject to 
        forfeiture to the United States--
                    ``(A) all copies or phonorecords made, as well as 
                any plates, molds, matrices, masters, tapes, and film 
                negatives by means of which such copies or phonorecords 
                may be made; and
                    ``(B) all implements, devices, or equipment used, 
                in any manner or part, to commit or to facilitate the 
                commission of a violation of subsection (a).
            ``(2) Application of chapter 46.--The provisions of chapter 
        46 of this title relating to civil forfeitures shall extend to 
        any seizure or civil forfeiture under this section.''.

SEC. 309. TRADE SECRETS.

    Section 1834 of title 18, United States Code, is amended to read as 
follows:
``Sec. 1834. Forfeiture
    ``(a) The following property is subject to forfeiture to the United 
States:
            ``(1) any property constituting or derived from any 
        proceeds obtained directly or indirectly as a result of a 
        violation of this chapter; and
            ``(2) any property used, or intended to be used, in any 
        manner or part, to commit or to facilitate the commission of 
        such violation.
    ``(b) The provisions of chapter 46 of this title relating to civil 
forfeitures shall extend to any seizure or civil forfeiture under this 
section.''.

SEC. 310. CONTRABAND CIGARETTES.

    Section 2344(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c) Forfeitures.--
            ``(1) In general.--Any contraband cigarettes involved in 
        any violation or conspiracy to violate any of the provisions of 
        this chapter, and any proceeds of such violation or conspiracy 
        to commit such violation, or any property traceable thereto, 
        shall be subject to seizure and forfeiture to the United 
        States.
            ``(2) The provisions of chapter 46 of this title relating 
        to civil forfeitures shall extend to any seizure or civil 
        forfeiture under this section.''.

SEC. 311. RECENTLY ENACTED TITLE 31 VIOLATIONS.

    Section 5317(c) of title 31, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``or'' after 5316, and 
        adding ``, 5331, or 5363'' after 5324; and
            (2) in paragraph (2), by striking ``or'' after 5316, and 
        adding ``, 5331, or 5363'' after 5324.

SEC. 312. ARCHAEOLOGICAL RESOURCES PROTECTION ACT.

    (a) Forfeiture Under the Archaeological Resources Protection Act.--
Section 8(b) of the Archeological Resources Protection Act of 1979 
(Public Law 96-95; 16 U.S.C. 477gg(b)) is repealed.
    (b) Codification of Archaeological Resource Protection Act's 
Criminal Provision in Title 18.--
            (1) Repeal.--Section 6 of the Archaeological Resources 
        Protection Act of 1979 (Public Law 96-95; 16 U.S.C. 470ee) is 
        repealed.
            (2) Codification.--
                    (A) In general.--Chapter 65 of title 18, United 
                States Code, is amended by adding at the end the 
                following new section:
``Sec. 1370. Archaeological resources--prohibited acts and criminal 
              penalties
    ``(a) Damage or Remove.--No person may excavate, remove, damage, or 
otherwise alter or deface or attempt to excavate, remove, damage, or 
otherwise alter or deface any archaeological resource located on public 
lands or Indian lands unless such activity is pursuant to a permit 
issued under section 4 of the Archaeological Resources Protection Act 
of 1979 (16 U.S.C. 470aa et seq.), a permit referred to in section 
4(h)(2) of the Archaeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq.), or the exemption contained in section 4(g)(1) of 
the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et 
seq.).
    ``(b) Sale or Purchase.--
            ``(1) In general.--No person may sell, purchase, exchange, 
        transport, receive, or offer to sell, purchase, or exchange any 
        archaeological resource if such resource was excavated or 
        removed from public lands or Indian lands in violation of--
                    ``(A) the prohibition contained in subsection (a) 
                of this section; or
                    ``(B) any provision, rule, regulation, ordinance, 
                or permit in effect under any other provision of 
                Federal law.
            ``(2) Prior possession.--Nothing in paragraph (1) shall be 
        deemed applicable to any person with respect to any 
        archaeological resource which was in the lawful possession of 
        such person prior to October 31, 1979.
    ``(c) State or Local Law.--No person may sell, purchase, exchange, 
transport, receive, or offer to sell, purchase, or exchange, in 
interstate of foreign commerce, any archaeological resource excavated, 
removed, sold, purchased, exchanged, transported, or received in 
violation of any provision, rule, regulation, ordinance, or permit in 
effect under State or local law.
    ``(d) Penalty.--
            ``(1) In general.--Any person who knowingly violates, or 
        counsels, procures, solicits, or employs any other person to 
        violate, any prohibition contained in subsection (a), (b), or 
        (c) of this section shall, upon conviction, be fined in 
        accordance with this title, or imprisoned not more than 10 
        years, or both; but if the sum of the commercial and 
        archaeological value of the archaeological resources involved 
        and the cost of restoration and repair does not exceed $500, 
        such person shall be fined under this title, imprisoned not 
        more than 1 year, or both. In the case of a second or 
        subsequent such violation, upon conviction such person shall be 
        fined in accordance with this title, or imprisoned not more 
        than 20 years, or both.
            ``(2) Arrowheads.--Nothing in subsection (d) shall be 
        deemed applicable to any person with respect to the removal of 
        arrowheads located on the surface of the ground.
    ``(e) Effective Date.--The prohibitions contained in this section 
shall take effect on October 31, 1979.
    ``(f) Forfeitures.--
            ``(1) In general.--The following property is subject to 
        forfeiture to the United States:
                    ``(A) All archeological resources involved in a 
                violation of subsection (a), (b) or (c) of this 
                section.
                    ``(B) All proceeds derived directly or indirectly 
                from such violation.
                    ``(C) Any vehicle, equipment, or other property 
                used or intended to be used to commit or to facilitate 
                the commission of such violation.
                    ``(D) All property traceable to such property.
            ``(2) Application of chapter 46.--The provisions of chapter 
        46 of this title relating to civil forfeitures shall extend to 
        any seizure or civil forfeiture under this section.''.
                    (B) Chapter analysis.--The chapter analysis at the 
                beginning of chapter 65 of title 18, United States 
                Code, is amended by adding at the end the following new 
                item:

``1370. Archaeological resources--prohibited acts and criminal 
                            penalties.''.
    (c) Statute of Limitations for Criminal Violations of 
Archaeological Resources Protection Act.--
            (1) In general.--Chapter 213 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 3298. Archeological resources offenses
    ``No person shall be prosecuted, tried, or punished for a violation 
of, or conspiracy to violate, section 1370, title 18, United States 
Code, unless the indictment is returned or the information is filed 
within 20 years after the commission of the offense.''.
            (2) Chapter analysis.--The chapter analysis at the 
        beginning of chapter 213 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``3298. Archeological resources offenses.''.

SEC. 313. COMPUTER FRAUD.

    Section 1030 of title 18, United States Code, is amended by 
inserting after subsection (h) the following:
    ``(i)(1) The court, in imposing sentence on any person convicted of 
a violation of this section, or convicted of conspiracy to violate 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 personal property 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 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.
    ``(j)(1) The following shall be subject to forfeiture to the United 
States and no property right shall exist in them:
            ``(A) Any personal property used or intended to be used to 
        commit or to facilitate the commission of any violation of this 
        section, or a conspiracy to violate this section.
            ``(B) Any property, real or personal, which constitutes or 
        is derived from proceeds traceable to any violation of this 
        section, or a conspiracy to violate this section.
    ``(2) The provisions of chapter 46 of this title relating to civil 
forfeiture shall apply to any seizure or civil forfeiture under this 
subsection.''.

SEC. 314. FALSE IMPERSONATION.

    (a) In General.--Chapter 43 of title 18, United States Code, is 
amended by inserting the following after section 917:

``SEC. 918. FORFEITURE.

    ``(a)(1) The court, in imposing sentence on any person convicted of 
a violation of this chapter or convicted of conspiracy to violate 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) any property that was used or intended to be used to 
        commit or to facilitate the commission of such violation; and
            ``(B) any property 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 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.
    ``(b)(1) The following shall be subject to forfeiture to the United 
States and no property right shall exist in them:
                    ``(A) Any property used or intended to be used to 
                commit or to facilitate the commission of any violation 
                of this chapter or any conspiracy to commit such 
                violation, and any property traceable to such property.
                    ``(B) Any property that constitutes or is derived 
                from proceeds traceable to any violation of this 
                chapter or a conspiracy to commit such violation.
            ``(2) The provisions of chapter 46 of this title relating 
        to civil forfeiture shall apply to any seizure or civil 
        forfeiture under this subsection.''.
    (b) Chapter Analysis.--The chapter analysis for chapter 43 of title 
18, United States Code, is amended by adding the following at the end:

``918. Forfeiture.''.

SEC. 315. CONSPIRACIES INVOLVING TRAFFICKING IN PERSONS.

    (a) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``section 241 (involving 
conspiracies against rights),'' before ``section 351''.
    (b) Asset Forfeiture.--Section 1594(b) of title 18, United States 
Code, is amended by inserting ``or a conspiracy to commit such 
violation'' after ``a violation of this chapter''.

                      Subtitle B--Money Laundering

SEC. 321. INTERSTATE TRANSPORTATION OF CRIMINAL PROCEEDS AND 
              ``REVERSE'' MONEY LAUNDERING.

    (a) In General.--Section 1957(a) of title 18, United States Code, 
is amended to read as follows:
    ``(a)(1) Whoever, in any of the circumstances set forth in 
subsection (d)--
            ``(A) conducts or attempts to conduct a monetary 
        transaction involving property of a value greater than $10,000 
        that is derived from specified unlawful activity, knowing that 
        the property is derived from some form of unlawful activity; or
            ``(B) conducts or attempts to conduct a monetary 
        transaction involving property of a value greater than $10,000, 
        with the intent to promote the carrying on of specified 
        unlawful activity,
shall be punished as provided in subsection (b).
    ``(2) Whoever, in the any of the circumstances set forth in 
subsection (d), transports, attempts to transport, or conspires to 
transport more than $10,000 in currency in interstate commerce--
            ``(A) knowing that the currency was derived from some form 
        of unlawful activity; or
            ``(B) knowing that the currency was intended to be used to 
        promote some form of unlawful activity,
shall be punished as provided in subsection (b).''.
    (b) Penalty.--Section 1957(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by inserting after paragraph (2) the following:
    ``(3) The maximum period of incarceration for a person convicted of 
an offense under subsection (a)(1)(B) must not exceed the statutory 
maximum for the offense being promoted.''.
    (c) Conforming Amendment.--Section 1957(f) of title 18, United 
States Code, is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by inserting at the end the following:
            ``(4) the term `conducts' has the same meaning as it does 
        for purposes of section 1956 of this title.''.
    (d) Heading.--
            (1) In general.--Section 1957 of title 18, United States 
        Code, is amended in the heading by inserting ``or in support of 
        criminal activity'' after ``specified unlawful activity''.
            (2) Chapter analysis.--The item relating to section 1957 in 
        the chapter analysis for chapter 95 of title 18, United States 
        Code, is amended to read as follows:

``1957. Conducting monetary transactions in property derived from 
                            specified unlawful activity or in support 
                            of criminal activity.''.

SEC. 322. FREEZING BANK ACCOUNTS OF PERSONS ARRESTED FOR OFFENSES 
              INVOLVING THE MOVEMENT OF MONEY ACROSS INTERNATIONAL 
              BORDERS.

    Section 981(b) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(5)(A) If a person is arrested or charged in connection 
        with an offense described in subparagraph (C) involving the 
        movement of funds into or out of the United States, the 
        Attorney General may apply to any Federal judge or magistrate 
        judge in the district in which the arrest is made or the 
        charges are filed for an ex parte order restraining any account 
        held by the person arrested or charged 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 court may receive and 
        consider evidence and information submitted by the Government 
        that would be inadmissible under the Federal Rules of Evidence.
            ``(B) The application for the restraining order referred to 
        in subparagraph (A) shall--
                    ``(i) identify the offense for which the person has 
                been arrested or charged;
                    ``(ii) identify the location and description of the 
                accounts to be restrained; and
                    ``(iii) state that the restraining order is needed 
                to prevent the removal of the funds in the account by 
                the person arrested or charged, or by others associated 
                with such person, during the time needed by the 
                Government to conduct such investigation as may be 
                necessary to establish whether there is probable cause 
                to believe that the funds in the accounts are subject 
                to forfeiture in connection with the commission of any 
                criminal offense.
            ``(C) A restraining order may be issued pursuant to 
        subparagraph (A) if a person is arrested or charged with any 
        offense for which forfeiture is authorized under this title, 
        title 31, or the Controlled Substances Act.
            ``(D) For purposes of this paragraph--
                    ``(i) the term `account' includes any safe deposit 
                box and any account (as defined in section 5318A(e)(1) 
                and (e)(2)) at any financial institution; and
                    ``(ii) the term `account held by the person 
                arrested or charged' includes an account held in the 
                name of such person, and any account over which such 
                person has effective control as a signatory or 
                otherwise.
            ``(E) Restraint pursuant to this paragraph shall not be 
        deemed a seizure for purposes of subsection 983(a) of this 
        title.
            ``(F) A restraining order issued pursuant to this paragraph 
        may be executed in any district in which the subject account is 
        found, or transmitted to the central authority of any foreign 
        state for service in accordance with any treaty or other 
        international agreement.''.

SEC. 323. PROCEDURE FOR ISSUING SUBPOENAS IN CERTAIN MONEY LAUNDERING 
              AND FORFEITURE CASES.

    (a) In General.--Section 986 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``At any time'';
                    (B) 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, or sections 5317 and 5332 of title 31'';
                    (C) by striking ``in rem''; and
                    (D) by striking the last sentence and inserting the 
                following:
            ``(2) The United States may request the Clerk of the Court 
        in any district where a civil forfeiture action may be filed 
        pursuant to 1355(b) of title 28 to issue a subpoena duces tecum 
        under paragraph (1) before the filing of the verified 
        complaint.'';
            (2) in subsection (c), by inserting ``or the Federal Rules 
        of Criminal Procedure'' after ``Procedure''; and
            (3) by adding at the end the following:
    ``(e) Procedure for Issuing Subpoenas.--The Attorney General, a 
United States Attorney, an Assistant United States Attorney, or an 
attorney in the Criminal Division of the Department of Justice may 
issue a subpoena for evidence in any investigation of a violation of 
sections 1956, 1957, or 1960 of this title 18, or section 5332 of title 
31, in the manner set forth in section 3486 of this title.''.
    (b) Grand Jury Subpoenas.--Section 5318(k)(3)(A) of title 31, 
United States Code, is amended by--
            (1) in clause (i) by striking ``related to such 
        correspondent account''; and
            (2) adding after clause (ii) the following:
                            ``(iii) Grand jury or trial subpoena.--In 
                        addition to a subpoena issued by the Attorney 
                        General or the Secretary of the Treasury, a 
                        subpoena under clause (i) may also be a grand 
                        jury or trial subpoena.''.
    (c) Fair Credit Reporting Act Amendment.--Section 604(a)(1) of the 
Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended by 
inserting before the period at the end ``, or an investigative subpoena 
issued pursuant to 31 U.S.C. 5318''.
    (d) Obstruction of Justice.--Section 1510(b) of title 18, United 
States Code, is amended--
            (1) in paragraph (b)(2)(A), by inserting ``or an 
        investigative subpoena issued pursuant to 31 U.S.C. 5318'' 
        after ``grand jury subpoena''; and
            (2) in paragraph (b)(3)(B), by inserting ``, an 
        investigative subpoena issued pursuant to 31 U.S.C. 5318,'' 
        after ``grand jury subpoena''.
    (e) Right to Financial Privacy Act.--Section 1120 of the Financial 
Institutions Regulatory and Interest Rate Control Act of 1978 (12 
U.S.C. 3420), is amended--
            (1) in subsection (a)(1) by inserting ``or to the 
        Government'' after ``to the grand jury''; and
            (2) in subsection (b)(1)--
                    (A) by inserting ``, or an investigative subpoena 
                issued pursuant to 31 U.S.C. 5318,'' after ``grand jury 
                subpoena''; and
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) crime against any financial institution or 
                supervisory agency or crime involving a violation of 
                the Controlled Substances Act (21 U.S.C. 801 et seq.), 
                the Controlled Substances Import and Export Act (21 
                U.S.C. 951 et seq.), section 1956, 1957, or 1960 of 
                title 18, sections 5313, 5316, 5322, 5324, 5331, or 
                5332 of title 31, or section 6050I of title 26; or''.

SEC. 324. USING BLANK CHECKS IN BEARER FORM TO SMUGGLE MONEY.

    Section 5316 of title 31, United States Code, is amended by adding 
at the end the following:
    ``(e) Monetary Instruments With Amount Left Blank.--For purposes of 
this section, a monetary instrument that has the amount left blank 
shall be considered to have a value in excess of $10,000 if the 
instrument was drawn on an account that contained or was intended to 
contain more than $10,000 at the time the instrument was being 
transported, or at the time it was negotiated or was intended to be 
negotiated.''.

SEC. 325. TREATING ELECTRONIC FUNDS AS FUNGIBLE PROPERTY.

    Section 5317(c) of title 31, United States Code, is amended by 
adding after paragraph (2) the following:
            ``(3)(A) In any civil forfeiture action brought pursuant to 
        this section, section 5332, or section 981(a)(1)(A) of title 
        18, currency, precious metals, gemstones, and funds held in any 
        account or safe deposit box at any financial institution shall 
        be considered fungible property identical to other property 
        located in the same place or account at an earlier time.
            ``(B) In any case where (A) applies, it shall not be 
        necessary for the Government to identify the specific property 
        involved in the offense that is the basis for the forfeiture, 
        nor shall it be a defense that the property involved in such 
        offense has been removed and replaced by identical property.''.

SEC. 326. BULK CASH SMUGGLING.

    Section 5332(a) of title 31, United States Code, is amended in 
subsection (b)(1), by striking ``5'' and inserting ``10''.

SEC. 327. MAKING THE INTERNATIONAL MONEY LAUNDERING STATUTE APPLY TO 
              TAX EVASION.

    Section 1956(a)(2)(A) of title 18, United States Code, is amended 
by--
            (1) inserting ``(i)'' before ``with the intent to 
        promote''; and
            (2) inserting the following after ``or'':
                            ``(ii) with the intent to engage in conduct 
                        constituting a violation of section 7201 or 
                        7206 of the Internal Revenue Code of 1986; 
                        or''.

SEC. 328. PROHIBITING MONEY LAUNDERING THROUGH HAWALAS, OTHER INFORMAL 
              VALUE TRANSFER SYSTEMS, AND CLOSELY RELATED TRANSACTIONS.

    Section 1956(a)(1) of title 18, United States Code, is amended by 
striking ``For purposes of this paragraph, a financial transaction'' 
and inserting ``For purposes of this paragraph and section 1957, a 
financial transaction or a monetary transaction''.

SEC. 329. SECTION 1957 VIOLATIONS INVOLVING COMMINGLED FUNDS AND 
              STRUCTURED TRANSACTIONS.

    Section 1957 of title 18, United States Code, is amended by adding 
after subsection (f) the following:
    ``(g) The Government may satisfy the $10,000 requirement in 
subsection (a)(1) by showing that--
            ``(1) the monetary transaction involved the transfer, 
        withdrawal, encumbrance, or other disposition of more than 
        $10,000 from an account in which more than $10,000 in proceeds 
        of specified unlawful activity was commingled with other funds; 
        or
            ``(2) the defendant conducted a series of monetary 
        transactions in amounts under $10,000 that exceeded $10,000 in 
        the aggregate and that were closely related to each other in 
        terms of such factors as time, the identity of the parties 
        involved, the nature or purpose of the transactions or the 
        manner in which they are conducted.''.

SEC. 330. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.

    (a) In General.--Section 1956 of title 18, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:
    ``(k) Multiple violations of this section 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.''.
    (b) Conspiracies.--Section 1956(h) of title 18 is amended by 
inserting ``, or section 1960'' after ``section 1957.''.

SEC. 331. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A SPECIFIC 
              FELONY.

    (a) 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.
    (b) Intent To Conceal or Disguise.--Sections 1956(a)(1)(B)(i) and 
1956(a)(2)(B)(i) of title 18, United States Code, are amended by 
striking ``specified unlawful activity'' and inserting ``some form of 
unlawful activity''.

SEC. 332. OTHER SPECIFIED ACTIVITY FOR MONEY LAUNDERING.

    (a) Amendments to RICO.--Section 1961(1) of title 18, United States 
Code, is amended as follows:
            (1) Burglary and embezzlement.--In subparagraph (A), by 
        inserting ``burglary, embezzlement,'' after ``robbery,''.
            (2) Securities fraud.--(A) In subparagraph (D), by striking 
        ``fraud in the sale of securities'' and inserting ``fraud in 
        the purchase or sale of securities''; and (B) in subparagraph 
        (B) by inserting ``section 1348 (relating to securities fraud), 
        section 1349 (relating to attempt and conspiracy),'' before 
        ``section 1425''.
            (3) Alien smuggling.--In subparagraph (F), by inserting 
        ``and 274A'' after ``274''.
    (b) Identity Theft.--
            (1) Social security number.--Section 1956(c)(7)(D) of title 
        18, United States Code, is amended by inserting the following 
        at the end before the semicolon: ``, or 42 U.S.C. 408 (relating 
        to obtaining funds through misuse of a social security 
        number)''.
            (2) Identity theft.--Section 1961(1)(B) of title 18, United 
        States Code, is amended by inserting ``section 1028A (relating 
        to aggravated identity theft),'' before ``section 1029''.
    (c) Counterfeiting.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``sections 474, 476, 477, 478, 
479, 480, 481, 485, 486, 487, or 488 (relating to counterfeiting),'' 
before ``any of sections 500 through 503''.
    (d) Forgery.--Section 1956(c)(7)(D) of title 18, United States 
Code, is amended by inserting ``, section 510 (relating to forgery)'' 
before ``section 513''.
    (e) Explosives.--Section 1956(c)(7)(D) of title 18, United States 
Code, is amended by striking ``section 844(f) or (i)'' and inserting 
``sections 842 and 844''.
    (f) Foreign Agents.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``section 951 (relating to agents 
of foreign governments),'' after ``section 924(n) (relating to firearms 
trafficking),''.
    (g) Obscenity.--Section 1956(c)(7)(D) of title 18, United States 
Code, is amended by inserting ``section 1470 (relating to obscenity and 
minors),'' before ``section 1708'', and by inserting ``section 2252B 
(relating to misleading Internet domain names),'' before ``section 
2280''.
    (h) False Claims.--Section 1956(c)(7)(D) of title 18, United States 
Code, is amended by inserting ``sections 286-87 (relating to false 
claims against the United States),'' before ``section 351''.
    (i) Protection of Natural Resources and Cultural Assets.--Section 
1956(c)(7) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``or'' and inserting 
        ``, or the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal 
        Insecticide, Fungicide, and Rodenticide Act of 1988 (7 U.S.C. 
        136 et seq.), the Federal Cave Resources Protection Act (16 
        U.S.C. 4301 et seq.), or any wildlife protection offense, as 
        defined in section 49,'' after ``the Resources Conservation and 
        Recovery Act (42 U.S.C. 6901 et seq.)''; and
            (2) by inserting after paragraph (F) the following:
                    ``(G) any violation of the Archaeological Resources 
                Protection Act (16 U.S.C. 470aa, et seq. and 18 U.S.C. 
                1370), or the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001, et seq.).''.
    (j) Wildlife Protection Offense.--
            (1) In general.--Chapter 3 of title 18, United States Code, 
        is amended by inserting after section 48 the following:
``Sec. 49. Definition of wildlife protection offense
    ``(a) As used in this title, the term `wildlife protection offense' 
means any violation of a provision of this chapter or of any Act listed 
in subsection (b), or any regulation promulgated thereunder, that may 
be prosecuted as a criminal offense.
    ``(b) The statutes referred to in subsection (a) include the 
following:
            ``(1) The Lacey Act (16 U.S.C. 3371-78 and 18 U.S.C. 42).
            ``(2) The Endangered Species Act (16 U.S.C. 1538-1540).
            ``(3) The Marine Mammal Protection Act (16 U.S.C. 1371-
        1377).
            ``(4) The African Elephant Conservation Act (16 U.S.C. 
        4222-24).
            ``(5) The Wild Exotic Bird Conservation Act (16 U.S.C. 
        4910-4912).
            ``(6) The Bald and Golden Eagle Protection Act (16 U.S.C. 
        668).
            ``(7) The Migratory Bird Treaty Act (16 U.S.C. 703-707).
            ``(8) The Migratory Bird Hunting Conservation Stamp Act (16 
        U.S.C. 718f).
            ``(9) The Airborne Hunting Act (16 U.S.C. 742j-1).
            ``(10) The Antarctic Conservation Act (16 U.S.C. 2403-
        2410).
            ``(11) The National Wildlife Refuge System Administration 
        Act (16 U.S.C. 668dd).
            ``(12) The Rhinoceros and Tiger Conservation Act (16 U.S.C. 
        5305a).
            ``(13) The Antarctic Marine Living Resources Convention (16 
        U.S.C. 2435).
            ``(14) The Fur Seal Act (16 U.S.C. 1152-1156).''.
            (2) Chapter analysis.--The chapter analysis for chapter 3 
        of title 18, United States Code, is amended by inserting after 
        the item for section 48 the following:

``49. Definition of wildlife protection offense.''.

SEC. 333. ILLEGAL MONEY TRANSMITTING BUSINESSES.

    (a) ``Money Transmitting Business'' Defined.--Section 1960(b)(2) of 
title 18, United States Code, is amended to read as follows:
            ``(2) the term `money transmitting business' means any 
        business other than the United States Postal Service, which 
        provides check cashing, currency exchange, money transmitting 
        or remittance services, or issues, sells or redeems money 
        orders, travelers' checks, or other similar instruments or, any 
        other person or association of persons, formal or informal, 
        engaging as a business in transporting, transferring, 
        exchanging, or transmitting currency or funds in any form, 
        including any person or association of persons, formal or 
        informal, engaging as a business in any informal money transfer 
        system or any network of people who engage as a business in 
        facilitating the transfer of money domestically or 
        internationally outside of the conventional financial 
        institutions systems.''.
    (b) General Intent Requirement for Section 1960(b)(1)(B).--Section 
1960(b)(1)(B) of title 18, United States Code, is amended by inserting 
before the semicolon the following: ``, whether or not the defendant 
knew that the operation was required to comply with such registration 
requirements''.
    (c) Authority To Investigate.--Section 1960 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(c) Violations of this section may be investigated by the 
Attorney General, the Secretary of the Treasury, and the Secretary of 
the Department of Homeland Security.''.
    (d) Technical Amendments.--Section 1960 of title 18, United States 
Code, is amended--
            (1) in the title by striking ``unlicensed'' and inserting 
        ``illegal'';
            (2) in subsection (a) by striking ``unlicensed'' and 
        inserting ``illegal'';
            (3) in subsection (b)(1) by striking ``unlicensed'' and 
        inserting ``illegal''; and
            (4) in subsection (b)(1)(C) by inserting ``, exchange'' 
        after ``transportation.''

SEC. 334. TECHNICAL CORRECTION TO THE USA PATRIOT ACT.

    Section 5317(c) of title 31, United States Code, is amended by 
inserting ``5314,'' after ``5313,''.

SEC. 335. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY FOR CERTAIN 
              MONEY LAUNDERING OFFENSES.

    (a) Currency Reporting Offenses.--Section 2516(1)(g) of title 18, 
United States Code, is amended by striking ``or section 5324 of title 
31, United States Code (relating to structuring transactions to evade 
reporting requirement prohibited'' and inserting ``or sections 5324 and 
5332 of title 31, United States Code (relating to structuring financial 
transactions and bulk cash smuggling)''.
    (b) Money Laundering.--Section 2516(1)(c) is amended by inserting 
``section 1960 (relating to illegal money transmitting businesses),'' 
before ``section 659''.

SEC. 336. MISCELLANEOUS MINOR AND TECHNICAL AMENDMENTS.

    (a) Criminal Forfeiture.--Section 982(b) of title 18, United States 
Code, is amended in subsection (b)(2), by striking ``The substitution'' 
and inserting ``With respect to a forfeiture under subsection (a)(1), 
the substitution''.
    (b) Definition of Financial Institution.--Section 1956(c)(6) of 
title 18, United States Code, is amended by--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by inserting ``and'' after the 
        semicolon; and
            (3) inserting the following at the end:
                    ``(C) a bail bondsman;''.
    (c) Other Amendments to Sections 1956 and 1957.--
            (1) Penalties.--Section 1956(b) of title 18, United States 
        Code, is amended by inserting after paragraph (4) the 
        following:
            ``(5) Stay of action.--If a civil action is filed under 
        this subsection, either party may move to stay the action in 
        accordance with section 981(g) of this title.''.
            (2) Definitions.--Section 1956(c) of title 18, United 
        States Code, is amended--
                    (A) in paragraph (7)(F), by inserting ``, as 
                defined in section 24 of this title'' before the 
                semicolon;
                    (B) in paragraph (8), by striking the period and 
                inserting ``; or''; and
                    (C) by inserting after paragraph (8) the following:
            ``(9) the term `proceeds' any property or interest in 
        property obtained or retained as a consequence of an act or 
        omission; `proceeds' means gross proceeds, not net profits.''.
    (d) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18, 
United States Code, is amended by striking ``or'' the first time it 
appears and inserting ``, a subpoena issued pursuant to 28 U.S.C. 1782, 
or''.
    (e) Clarifying Technical Correction to 31 U.S.C. 5324(a).--Section 
5324(a) of title 31, United States Code, is amended by inserting ``the 
recordkeeping requirements of'' after ``section 5313(a) or'', the first 
time it appears.

SEC. 337. TECHNICAL CORRECTION REGARDING FORFEITURE AUTHORITY FOR 
              SECRETARY, HOMELAND SECURITY.

    Section 981 of title 18, United States Code, is amended--
            (1) by adding the following after ``the Secretary of the 
        Treasury'' wherever it appears: ``, Secretary of Homeland 
        Security''; and
            (2) in subsection (j) by--
                    (A) striking ``and'' in subparagraph (1);
                    (B) by striking the period after ``delegate'' and 
                inserting ``; and'' in subparagraph (2); and
                    (C) by inserting the following new paragraph after 
                paragraph (2):
            ``(3) the term `Secretary of Homeland Security' means the 
        Secretary of Homeland Security or his delegate.''.

SEC. 338. STORED VALUE CARDS.

    Section 5312(a)(3) of title 31, United States Code, is amended by--
            (1) striking ``and'' at the end of subparagraph (B);
            (2) striking the period and inserting ``; and'' before the 
        period at the end of subparagraph (C); and
            (3) inserting the following thereafter:
                    ``(D) As the Secretary of the Treasury shall 
                provide by regulation for purposes of sections 5316 and 
                5331, stored value cards or other similar devices 
                including funds or monetary value represented in 
                digital electronics format (whether or not specially 
                encrypted) and stored or capable of storage on 
                electronic media in such a way as to be retrievable and 
                transferable electronically.''.

  Subtitle C--Recovering the Proceeds of Crime and Victim Restitution

                CHAPTER 1--CRIMINAL FORFEITURE PROCEDURE

SEC. 341. RESTRAINT OF PROPERTY SUBJECT TO CRIMINAL FORFEITURE.

    (a) In General.--Section 413(e)(1) of the Controlled Substances Act 
(21 U.S.C. 853(e)(1)) is amended by--
            (1) inserting the following before the dash: ``, including 
        property that may be forfeited upon the defendant's conviction 
        to satisfy a money judgment''; and
            (2) inserting before ``to preserve'' the following: ``to 
        prevent the unlawful use of the property while a criminal 
        action is pending, or''.
    (b) Conforming.--Section 413(c) of the Controlled Substances Act 
(21 U.S.C. 853(c)), is amended by striking ``subsection (a)'' and 
inserting ``subsection (a) or (p)''.
    (c) Protective Order.--Section 413(e)(3) of the Controlled 
Substances Act (21 U.S.C. 853(e)) is amended by inserting ``(A)'' 
before ``The court'' and by adding the following after the period:
            ``(B) The court shall issue any protective order necessary 
        to prevent the premature disclosure of any ongoing law 
        enforcement operation or investigation or the identity of any 
        witness at the hearing. In addition, in any case involving an 
        ongoing investigation, the court shall permit the presentation 
        of evidence ex parte and under seal.''.
    (d) Restraining Order.--Section 413(e) of the Controlled Substances 
Act is amended by adding the following new paragraph after paragraph 
(4):
            ``(5)(A) A restraining order entered pursuant to paragraph 
        (1)(A) shall remain in effect through the conclusion of the 
        criminal case, unless modified by the court.
            ``(B) At the request of the defendant, the court may 
        conduct a pretrial hearing to determine whether the restraining 
        order should be vacated or modified with respect to some or all 
        of the restrained property, if the defendant--
                    ``(i) establishes by a preponderance of the 
                evidence that there are no assets, other than the 
                restrained property, available to the defendant to 
                retain counsel in the criminal case; and
                    ``(ii) makes a prima facie showing of a bona fide 
                reason to believe that there is no probable cause for 
                the forfeiture of the restrained property, or for the 
                entry of a money judgment that the restrained property 
                would be used to satisfy.
        The Government shall have an opportunity to cross-examine the 
        defendant and any witnesses the defendant may present on these 
        issues.
            ``(C) If the court determines that the defendant has 
        satisfied the requirements of (B)(i) and (ii), it may hold a 
        hearing to determine whether there is probable cause for the 
        forfeiture of the property. In making such determination, the 
        court shall give due deference to any finding made by a grand 
        jury that there is probable cause to believe that the property 
        is subject to forfeiture.
            ``(D) If the court determines that no probable cause exists 
        for the forfeiture of the property, it shall modify the 
        restraining order to the extent necessary to release the 
        property from restraint.
            ``(E) In any hearing under this paragraph where probable 
        cause is at issue, the court shall limit its inquiry to the 
        existence of probable cause for the forfeiture of the 
        restrained assets, or for the entry of a money judgment that 
        the restrained assets would be used to satisfy. The court shall 
        not entertain challenges to the grand jury's finding of 
        probable cause regarding the criminal offense giving rise to 
        the forfeiture.
            ``(F) A person other than the defendant who has a legal 
        interest in the restrained property may move to modify or 
        vacate the restraining order on the ground that the order 
        causes a substantial hardship to the moving party and less 
        intrusive means exist to preserve the subject property for 
        forfeiture. In accordance with subsection (k), such person may 
        not object to a restraining order on grounds that may only be 
        asserted in the ancillary proceeding pursuant to subsection 
        (n).''.

SEC. 342. AUTHORIZING FORFEITURE PURSUANT TO A GUILTY PLEA.

    Section 413 of the Controlled Substances Act (21 U.S.C. 853) is 
amended by adding at the end the following:
    ``(r) Guilty Pleas.--
            ``(1) A defendant who pleads guilty to a criminal offense 
        may, as part of a plea agreement, agree to the forfeiture of 
        any property derived from or used to commit that offense and 
        any other offense that is part of the same scheme or plan or 
        pattern of related conduct.
            ``(2) Upon acceptance of the defendant's guilty plea, the 
        court shall enter a preliminary order of forfeiture, pursuant 
        to rule 32.2 of the Federal Rules of Criminal Procedure, with 
        respect to any property that the defendant has agreed to 
        forfeit pursuant to this subsection.''.

SEC. 343. CRIMINAL SEIZURE WARRANTS.

    Section 413(f) of the Controlled Substances Act (21 U.S.C. 853(f)) 
is amended to read as follows:
    ``(a)(1) Property subject to forfeiture under this section may be 
seized pursuant to section 981(b) of title 18, United States Code.
    ``(2) 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.
    ``(3) If the seizure warrant is obtained after the property to be 
seized has been listed in an indictment or criminal information or 
related bill of particulars, the requirement that the warrant be 
executed within 10 days under rule 41, Federal Rules of Criminal 
Procedure, shall not apply.''.

SEC. 344. DISCOVERY PROCEDURE FOR LOCATING FORFEITED ASSETS.

    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 presence of 
the defendant at the deposition of any other witness, or a waiver by 
the defendant of a right to be present, shall not apply''.

SEC. 345. COLLECTION OF CRIMINAL FORFEITURE JUDGMENT.

    Section 413 of the Controlled Substances Act (21 U.S.C. 853) is 
amended by adding at the end the following new subsection:
    ``(s) Collection of Criminal Forfeiture Judgment.--An order of 
forfeiture in a criminal case may take the form of a money judgment and 
may be enforced--
            ``(1) in the manner provided for the collection and payment 
        of fines in subchapter B of chapter 229 of title 18, United 
        States Code;
            ``(2) in the same manner as a judgment in a civil action;
            ``(3) pursuant to Rule 32.2(e) of the Federal Rules of 
        Criminal Procedure; or
            ``(4) pursuant to the Federal Debt Collection Act (28 
        U.S.C. 3001 et seq.).''.

SEC. 346. ABATEMENT OF FORFEITURE WHEN DEFENDANT DIES.

    (a) In General.--Section 413 of the Controlled Substances Act (21 
U.S.C. 853) is amended by adding at the end the following new 
subsection:
    ``(t) Special Civil Forfeiture Proceedings When the Defendant 
Dies.--
            ``(1)(A) In any case in which criminal forfeiture has been 
        alleged, if a defendant dies after a plea of guilty or nolo 
        contendere has been accepted or a verdict of guilty has been 
        returned, but before the defendant's time for direct appeal 
        from the conviction or from a criminal order of forfeiture has 
        expired, or before any such appeal by the defendant, or any 
        posttrial motion or appeal by the Government bearing on the 
        forfeiture or the underlying criminal conviction, has finally 
        been resolved, the criminal forfeiture proceeding shall be 
        converted to a special civil forfeiture proceeding 
        notwithstanding the expiration of any civil forfeiture statute 
        of limitations or any time limitation set forth in section 
        983(a) of title 18, and shall be concluded as provided herein.
            ``(B) For purposes of this subsection, a plea of guilty or 
        nolo contendere shall be considered to have been `accepted' if 
        a court has determined, pursuant to Rule 11(b) of the Federal 
        Rules of Criminal Procedure, that the plea is voluntary and 
        supported by a factual basis, notwithstanding that final 
        acceptance may have been deferred pending review of a 
        presentence report or otherwise; a verdict is `returned' when 
        it is orally stated in open court; and `direct appeal' refers 
        to an appeal filed, within the period provided by the 
        applicable rule of appellate procedure, from the entry of the 
        judgment or order of forfeiture, up to and including review by 
        the Supreme Court.
            ``(2)(A) If a defendant dies after a plea of guilty or nolo 
        contendere has been accepted or a verdict of guilty has been 
        returned, but before entry of a criminal order of forfeiture, 
        the court, after a hearing at which the defendant's personal 
        representative shall have the same rights to present evidence 
        and argument as the defendant would have had if he had 
        survived, shall enter a special civil order of forfeiture if 
        the court finds, by a preponderance of the evidence, that 
        property, including substitute property pursuant to subsection 
        (p) of this section, is forfeitable as a result of the 
        defendant's conviction.
            ``(B) The special civil order of forfeiture shall forfeit 
        to the United States all property, including substitute 
        property, that would have been subject to criminal forfeiture 
        if the defendant had survived, and may constitute, or include, 
        a civil money judgment against the defendant's estate and any 
        person holding property that would have been forfeitable in the 
        criminal case if the defendant had survived.
            ``(C) Any third-party interests in property subject to a 
        special civil order of forfeiture shall be determined by the 
        court pursuant to subsection (n) of this section as if the 
        defendant had survived. While the defendant's personal 
        representative may contest forfeitability of particular 
        property and the amount of any money judgment in a special 
        civil order of forfeiture, third-party claimants under this 
        subsection, as under subsection (n) as applied to criminal 
        orders of forfeiture, may contest only issues of ownership.
            ``(3)(A) If a defendant dies after entry of a criminal 
        order of forfeiture, but before the defendant's time for direct 
        appeal from the underlying criminal conviction or when the 
        criminal order of forfeiture has expired, or before any such 
        appeal by the defendant has finally been resolved, the criminal 
        order of forfeiture shall become a special civil order of 
        forfeiture by operation of law, and proceedings bearing on the 
        forfeiture shall continue, and be concluded, pursuant to this 
        section.
            ``(B) If a defendant dies during the pendency of a 
        posttrial motion or appeal by the Government concerning a 
        court's failure to announce or enter a requested order of 
        forfeiture or to include such an order in the judgment, other 
        error by the court with respect to the forfeiture, or a court's 
        postverdict dismissal of a criminal conviction that was a basis 
        for criminal forfeiture, the court in which the matter is 
        pending, on the Government's motion, shall continue and 
        conclude the proceeding pursuant to this section, and, if the 
        Government prevails, shall enter, or direct the entry by the 
        district court of, a special civil order of forfeiture if the 
        Government makes the showing required by paragraph (2)(A), or 
        the court determines that such a showing was made before the 
        defendant's death during the proceedings that are the subject 
        of the pending posttrial motion or appeal.
            ``(4)(A) In all proceedings concerning a special civil 
        order of forfeiture, the court shall consider the relevant 
        portions of the record of the criminal case. That record, 
        including any agreements, admissions, stipulations, findings of 
        fact, conclusions of law, or verdicts bearing upon the 
        defendant's guilt or the forfeitability of any property of the 
        defendant, and any failure by the defendant to demand a jury 
        verdict on forfeiture, shall be binding on the defendant's 
        personal representative in the district court, and on any 
        appeal, to the extent that it would have bound the defendant in 
        the criminal case. The record shall be binding upon any third-
        party claimants to the extent that it would have bound them if 
        the defendant had survived.
            ``(B) The defendant's personal representative or the 
        Government may file or pursue an otherwise permissible direct 
        appeal, or an otherwise permissible motion under this section 
        or the Federal Rules of Criminal Procedure (other than a motion 
        under Rule 33(b)(1) filed after death or after judgment), to 
        challenge, enforce, correct, amend, modify, or reinstate a 
        special civil order of forfeiture, or to challenge or reinstate 
        a verdict or plea of guilty or nolo contendere on which such an 
        order is, or should be, based. In any such appeal or motion, 
        the death of the defendant shall not itself be a basis for 
        relief.
            ``(5)(A) Proceedings concerning a special civil order of 
        forfeiture, including any appeal or motion to challenge, 
        enforce, correct, amend, modify, or reinstate such an order or 
        to challenge or reinstate a verdict or plea of guilty or nolo 
        contendere underlying such an order, shall be governed by the 
        provisions of this section and the law and procedures that 
        would have applied if the defendant had survived and the 
        forfeiture proceedings had been conducted and concluded in the 
        criminal case, except that the special civil order of 
        forfeiture need not be included in any criminal sentence or 
        judgment, and the personal representative of the defendant 
        shall be substituted for the defendant. Section 983 of title 18 
        and section 2465(b) of title 28 shall not apply.
            ``(B) A personal representative, if not otherwise 
        appointed, shall be appointed by the district court before 
        which the criminal case was filed or by the court of appeals if 
        the matter is pending on appeal at the time of the defendant's 
        death. Counsel may be appointed for the personal representative 
        of the defendant if counsel would have been available to the 
        defendant under 18 U.S.C. 3006A. The court may toll any 
        applicable deadline during the period necessary to appoint the 
        personal representative and, where appropriate, counsel.
            ``(C) Appeals by any party from or concerning a special 
        civil order of forfeiture shall be governed by the rules 
        applicable to civil appeals. A special civil order of 
        forfeiture shall be final as to the defendant and the 
        defendant's estate upon initial entry, and shall be final as to 
        any third-party interests upon entry of any order, or amended 
        order, finally determining such interests pursuant to 
        subsection (n).
            ``(6) Any forfeiture protective orders in effect at the 
        time of a defendant's death shall continue in effect unless 
        modified by the court after a hearing or pursuant to a motion 
        by the Government. Upon the Government's motion, the court 
        shall take any action necessary to preserve the availability of 
        property for forfeiture pursuant to this subsection.''.
    (b) Conforming Amendments.--
            (1) Nonabatement.--Section 983 of title 18, United States 
        Code, is amended by adding the following new subsection after 
        subsection (j):
    ``(k) Nonabatement of Forfeiture.--
            ``(1) The death of an individual does not affect the 
        Government's ability to seek, or to continue to pursue, civil 
        in rem forfeiture of property as authorized by law, except as 
        provided herein. Notwithstanding the expiration of any civil 
        forfeiture statute of limitations or any time limitation set 
        forth in subsection (a), the Government may commence in rem 
        civil forfeiture proceedings, within the greater of the time 
        period otherwise authorized by law or 2 years after the death 
        of an individual against whom a criminal indictment alleging 
        forfeiture is pending at the time of death, against all 
        interests in any property alleged to be forfeitable in the 
        indictment.
            ``(2) The effect of the death of a defendant upon criminal 
        forfeiture shall be governed by section 413(t) of the 
        Controlled Substances Act (21 U.S.C. 853(t)).''.
            (2) Special forfeiture.--Section 983(i)(2) of title 18, 
        United States Code, is amended by adding at the end the 
        following new subparagraph:
                    ``(F) special civil forfeiture proceedings pursuant 
                to section 413(t) of the Controlled Substances Act (21 
                U.S.C. 853(t).''.

SEC. 347. FORFEITABLE PROPERTY TRANSFERRED TO THIRD PARTIES.

    Section 413(c) of the Controlled Substances Act (21 U.S.C. 853(c)), 
as amended by this Act, is amended--
            (1) by designating the present matter as paragraph (1);
            (2) in paragraph (1), by striking ``subsection (a)'' and 
        inserting ``subsection (a) or (p)''; and
            (3) by adding at the end the following:
    ``(2)(A) If, as provided in paragraph (1), property transferred to 
a transferee is ordered forfeited, the transferee shall deposit the 
forfeited property in the registry of the Court, or with the United 
States Marshals Service or other Government custodian, pending the 
conclusion of any ancillary proceeding pursuant to subsection (n).
    ``(B) If the transferee fails to establish pursuant to subsection 
(n)(6)(B) that the transferee is a bona fide purchaser for value of the 
forfeited property, but the transferee is unable, due to the 
transferee's act or omission, to surrender the forfeited property to 
the United States, the transferee shall owe the United States a sum of 
money equal to the greater of--
            ``(i) the value of the property at the time of the 
        transfer, plus interest from the time of the transfer;
            ``(ii) the value of the property at the time it was 
        converted by the third party, plus interest from the time of 
        the conversion; or
            ``(iii) the value of the property at the time the third 
        party is found liable to the Government under this subsection.
    ``(C) Once the ancillary proceedings regarding the transferee's 
claim to be a bona fide purchaser are concluded, the district court 
that issued the order of forfeiture shall issue a judgment in favor of 
the United States and against the transferee for the amount of money to 
which the United States is entitled. All money collected pursuant to 
such a judgment shall constitute forfeited property under this 
section.''.

SEC. 348. FORFEITURE OF THIRD-PARTY INTERESTS IN CRIMINAL CASES.

    (a) In General.--Section 413 of the Controlled Substances Act (21 
U.S.C. 853) is amended by adding at the end the following:
    ``(u) Forfeiture of Third-Party Interests.--In lieu of filing a 
parallel civil forfeiture action, and notwithstanding the expiration of 
any statute of limitations regarding such action, the Government may 
seek the forfeiture of a third party's interest in property subject to 
forfeiture under this section at the conclusion of the ancillary 
proceeding described in subsection (n). Such proceeding shall be an in 
rem proceeding in which the third party shall first have the burden of 
establishing a legal interest in the property pursuant to subsection 
(n), after which the Government shall have the burden of establishing 
the forfeitability of the third party's interest in the manner provided 
for civil forfeitures in chapter 46, title 18, United States Code, and 
the third party shall have the burden of establishing an innocent owner 
defense pursuant to such chapter.''.
    (b) Conforming Amendment.--Section 413(n)(6) of the Controlled 
Substances Act (21 U.S.C. 853(n)(6)) is amended by inserting ``, unless 
the Government notifies the court that it will seek to forfeit the 
petitioner's interest pursuant to subsection (u)'' after ``in 
accordance with its determination''.

SEC. 349. SEVERANCE OF JOINTLY HELD PROPERTY.

    (a) In General.--Section 413 of the Controlled Substances Act (21 
U.S.C. 853) is amended by adding at the end the following new 
subsection:
    ``(v) Severance of Jointly Held Property.--
            ``(1) If the court determines, pursuant to subsection (n) 
        or (u), that a third party had a partial nonforfeitable 
        interest in property otherwise subject to forfeiture, or a 
        joint tenancy or tenancy by the entirety in such property, the 
        court shall enter an appropriate order--
                    ``(A) severing the property;
                    ``(B) transferring the property to the government 
                with a provision that the government compensate the 
                third party to the extent of his or her nonforfeitable 
                ownership interest once a final order of forfeiture has 
                been entered and the property has been reduced to 
                liquid assets; or
                    ``(C) if neither (A) nor (B) is reasonably 
                practical under all of the circumstances, permitting 
                the third party to retain the property subject to a 
                lien in favor of the Government to the extent of the 
                forfeitable interest in the property, and entering any 
                order necessary to ensure that the value of the 
                property is maintained, including--
                            ``(i) permitting the inspection, 
                        photographing, and inventory of the property;
                            ``(ii) fixing a bond in accordance with 
                        Rule E(5) of the Supplemental Rules for 
                        Admiralty or Maritime Claims and Asset 
                        Forfeiture Actions; and
                            ``(iii) requiring the property owner to 
                        obtain or maintain insurance on the subject 
                        property.
            ``(2) To effectuate the purposes of this subsection, a 
        joint tenancy or tenancy by the entireties shall be converted 
        to a tenancy in common by order of the court, irrespective of 
        State law, so that a lien created pursuant to (1)(C) will 
        entitle the Government to the forfeitable portion of the 
        property's value at the time title to the property is 
        transferred.''.
    (b) Conforming Amendment.--Section 983(d)(5) of title 18, United 
States Code, is amended--
            (1) by amending subparagraph (C) to read as follows:
                    ``(C) if neither (A) nor (B) is reasonably 
                practical under all of the circumstances, permitting 
                the third party to retain the property subject to a 
                lien in favor of the Government to the extent of the 
                nonforfeitable interest in the property, and entering 
                any order necessary to ensure that the value of the 
                property is maintained, including--
                            ``(i) permitting the inspection, 
                        photographing, and inventory of the property;
                            ``(ii) fixing a bond in accordance with 
                        Rule E(5) of the Supplemental Rules for 
                        Admiralty or Maritime Claims and Asset 
                        Forfeiture Actions; and
                            ``(iii) requiring the property owner to 
                        obtain or maintain insurance on the subject 
                        property.''.
            (2) by adding at the end the following:
``To effectuate the purposes of this subsection, a joint tenancy or 
tenancy by the entireties shall be converted to a tenancy in common by 
order of the court, irrespective of State law, so that a lien created 
pursuant to (1)(C) will entitle the Government to the forfeitable 
portion of the property's value at the time title to the property is 
transferred.''.

SEC. 350. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL FORFEITURE THROUGH 
              BANKRUPTCY.

    Section 413(c) of the Controlled Substances Act (21 U.S.C. 853(c)), 
as amended by this Act, is further amended by adding at the end the 
following new paragraph:
            ``(3) Forfeiture under this section shall have priority 
        over any bankruptcy proceeding instituted after the commission 
        of the offense giving rise to the forfeiture.''.

SEC. 351. UNIFORM PROCEDURES FOR CRIMINAL FORFEITURE.

    (a) In General.--Section 3554 of title 18, United States Code, is 
amended to read as follows:
    ``(a) The court, in imposing sentence on a defendant who has been 
found guilty of an offense for which the forfeiture of property is 
authorized, shall order, in addition to any sentence imposed pursuant 
to section 3551, the forfeiture of the property to the United States in 
accordance with Rule 32.2 of the Federal Rules of Criminal Procedure 
and section 413 of the Controlled Substances Act (21 U.S.C. 853).
    ``(b) If any property subject to forfeiture is unavailable, the 
court shall enter a personal money judgment against the defendant in an 
amount equal to the value of the unavailable property.
    ``(c) Section 413(d) of the Controlled Substances Act (21 U.S.C. 
853(d)) does not apply to forfeitures under this section unless the 
defendant is convicted of a violation of the Controlled Substances 
Act.''.
    (b) RICO.--Section 1963 of title 18, United States Code, is amended 
by repealing subsections (b) through (m) and inserting the following 
after subsection (a):
    ``(n) The forfeiture of property under this section shall be 
governed by Rule 32.2 of the Federal Rules of Criminal Procedure and 
the provisions of section 413 of the Controlled Substances Act (21 
U.S.C. 853), except for subsection 413(d) which shall not apply to 
forfeitures under this section.''.
    (c) Espionage.--Section 794(d)(3) of title 18, United States Code, 
is amended to read as follows:
            ``(3) The forfeiture of property under this section shall 
        be governed by Rule 32.2 of the Federal Rules of Criminal 
        Procedure and the provisions of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853), except for subsection 413(d) 
        which shall not apply to forfeitures under this section.''.

SEC. 352. APPEALS.

    Section 3742 of title 18, United States Code, is amended by adding 
the following new subsection:
    ``(k) Criminal Forfeiture.--The Government may file a notice of 
appeal in the district court for review of any aspect of the forfeiture 
portion of a sentence, of a court's failure to include forfeiture in a 
sentence for any offense for which forfeiture is authorized upon 
conviction, or of any postjudgment forfeiture order, including orders 
granting or denying motions pursuant to rule 32.2(e) of the Federal 
Rules of Criminal Procedure. The notice may be filed pursuant to Fed. 
R. App. P. 4(b) within 30 days after the sentencing judgment, or 
subsequent forfeiture order, is entered, or within 30 days after the 
district court denies a motion for reconsideration of the forfeiture 
sentencing issue or forfeiture order.''.

SEC. 353. VICTIMS, RESTITUTION, AND FORFEITURE.

    Section 413 of the Controlled Substances Act (21 U.S.C. 853), as 
amended by this Act, is further amended by adding the following at the 
end:
    ``(w) Victims and Restitution.--The defendant may not use property 
forfeited under this section to satisfy an order of restitution. 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, the Attorney General is authorized 
to restore or remit forfeited property to victims in accordance with 
subsection (i)(1) and the applicable provisions of title 28, Code of 
Federal Regulations 9, once the ancillary proceeding under subsection 
(n) has been completed and the costs of the forfeiture action have been 
deducted.''.

SEC. 354. AUTHORITY OF SECRETARY OF HOMELAND SECURITY.

    (a) Subsection 981(d) of title 18 is amended by inserting after 
``the Secretary of the Treasury,'': ``the Secretary of Homeland 
Security,''.
    (b) Subsection 981(e) of title 18 is amended by inserting after 
``the Secretary of the Treasury,'' each time it appears: ``the 
Secretary of Homeland Security,''.

                  CHAPTER 2--INTERNATIONAL PROVISIONS

SEC. 361. PROCEDURES FOR ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENTS 
              AND PROTECTIVE ORDERS.

    (a) In General.--Section 2467 of title 28, United States Code, is 
amended to read as follows:

``SEC. 2467. ENFORCEMENT OF FOREIGN JUDGMENTS AND PROTECTIVE ORDERS.

    ``(a) Definitions.--In this section--
            ``(1) the term `foreign nation' means a country or 
        territory that has become a party to the United Nations 
        Convention Against Illicit Traffic in Narcotic Drugs and 
        Psychotropic Substances (referred to in this section as the 
        `United Nations Convention') or a foreign jurisdiction with 
        which the United States has a treaty or other formal 
        international agreement in effect providing for mutual 
        forfeiture assistance or which will render forfeiture 
        assistance to the United States based on assurances of 
        reciprocity;
            ``(2) the term `forfeiture or confiscation judgment' means 
        a final order of a foreign nation compelling a person or 
        entity--
                    ``(A) to pay a sum of money representing the 
                proceeds of an offense described in article 3, 
                paragraph 1, of the United Nations Convention, any 
                violation of foreign law that would constitute a 
                violation or an offense for which property could be 
                forfeited under Federal law if the offense were 
                committed in the United States, or any foreign offense 
                described in section 1956(c)(7)(B) of title 18, or 
                property the value of which corresponds to such 
                proceeds; or
                    ``(B) to forfeit property involved in or traceable 
                to the commission of such offense.
    ``(b) Review by Attorney General.--
            ``(1) In general.--A foreign nation seeking to have a 
        forfeiture or confiscation judgment registered and enforced by 
        a district court of the United States under this section shall 
        first submit a request to the Attorney General or the designee 
        of the Attorney General, which request shall include--
                    ``(A) a summary of the facts of the case and a 
                description of the proceedings that resulted in the 
                forfeiture or confiscation judgment;
                    ``(B) a certified copy of the forfeiture or 
                confiscation judgment;
                    ``(C) an affidavit or sworn declaration 
                establishing that the foreign nation took steps, in 
                accordance with the principles of due process, to give 
                notice of the proceedings to all persons with an 
                interest in the property in sufficient time to enable 
                such persons to defend against the charges and that the 
                judgment rendered is in force and is not subject to 
                appeal; and
                    ``(D) such additional information and evidence as 
                may be required by the Attorney General or the designee 
                of the Attorney General.
            ``(2) Certification of request.--The Attorney General or 
        the designee of the Attorney General shall determine whether, 
        in the interest of justice, to certify the request, and such 
        decision shall be final and not subject to either judicial 
        review or review under subchapter II of chapter 5, or chapter 
        7, of title 5 (commonly known as the `Administrative Procedure 
        Act').
    ``(c) Jurisdiction and Venue.--
            ``(1) In general.--If the Attorney General or the designee 
        of the Attorney General certifies a request under subsection 
        (b), the United States may file an application in the district 
        court of the United States seeking to enforce the foreign 
        forfeiture or confiscation judgment as if the judgment had been 
        entered by a court in the United States.
            ``(2) Proceedings.--In a proceeding filed under paragraph 
        (1)--
                    ``(A) the United States shall be the applicant and 
                any person or entity affected by the forfeiture or 
                confiscation judgment shall be the respondent;
                    ``(B) venue shall lie in the District Court for the 
                District of Columbia or in any other district in which 
                any person or entity against whom the foreign 
                forfeiture or confiscation judgment was entered or may 
                be enforced, or in which the property that may be the 
                basis for satisfaction of a judgment under this section 
                may be found;
                    ``(C) the United States shall serve process in 
                accordance with the Federal Rules of Civil Procedure 
                and the Supplemental Rules upon such property as may 
                form the basis for satisfaction of the foreign judgment 
                or upon such persons or entities against whom such 
                foreign order may be executed. The United States shall 
                provide written notice to such persons as may be known 
                to the United States to have an interest in the 
                property against which the foreign judgment is to be 
                executed and shall publish notice of such enforcement 
                action in a publication generally circulated in the 
                district where the action is filed, in a newspaper or 
                legal notice generally circulated in the country that 
                requested the United States to forfeit the property or 
                by posting a notice on an official Internet Government 
                forfeiture site for at least 30 consecutive days;
                    ``(D) any person claiming an interest in the 
                property may file a response to the application of the 
                United States, except that such response must be filed 
                not later than 30 days after the date of service of the 
                Government's application or, as applicable, not later 
                than 30 days after the date of final publication of 
                notice of the filing of the application. Such response 
                shall--
                            ``(i) identify the specific property being 
                        claimed;
                            ``(ii) state the respondent's interest in 
                        such property;
                            ``(iii) set forth with specificity the 
                        basis upon which the foreign judgment should 
                        not be enforced in accordance with paragraph 
                        (d); and
                            ``(iv) be made under oath, subject to 
                        penalty of perjury;
                    ``(E) the Court, sua sponte, or upon motion of the 
                United States shall strike any response or any portion 
                of a response lodged pursuant to subparagraph (D) that 
                does not raise a claim upon which the enforcement of 
                the foreign judgment could be denied under paragraph 
                (d); and
                    ``(F) foreign forfeiture or confiscation judgments 
                certified for enforcement pursuant to subsection (b)(2) 
                shall be presumptively valid and the burden to 
                establish the invalidity of any such foreign judgment 
                shall be upon the respondent by clear and convincing 
                evidence.
    ``(d) Entry and Enforcement of Judgment.--
            ``(1) In general.--The district court shall enter such 
        orders as may be necessary to enforce the foreign forfeiture or 
        confiscation judgment unless the court finds that--
                    ``(A) the judgment was rendered under a system that 
                provides tribunals or procedures incompatible with the 
                requirements of due process of law;
                    ``(B) the foreign court lacked personal 
                jurisdiction over the defendant;
                    ``(C) the foreign court lacked jurisdiction over 
                the subject matter;
                    ``(D) the foreign nation did not take steps, in 
                accordance with the principles of due process, to give 
                notice of the proceedings to a person with an interest 
                in the property of the proceedings in sufficient time 
                to enable him or her to defend; or
                    ``(E) the judgment was obtained by fraud.
            ``(2) Process.--
                    ``(A) Foreign forfeiture or confiscation orders 
                enforced pursuant to subsection (d)(1) shall have full 
                force and effect as if they were entered in a United 
                States forfeiture proceeding. Upon entry of an order of 
                enforcement pursuant to subsection (d)(1), any interest 
                in property forfeited pursuant to this section shall 
                vest in the United States as of the time of the 
                commission of the offense that gave rise to the foreign 
                order of forfeiture or confiscation.
                    ``(B) In the event that a response is not properly 
                filed within the period set forth in subsection 
                (c)(2)(D), the Court, upon motion of the United States, 
                may enter a default order to enforce the foreign 
                judgment.
                    ``(C) The disposition of any assets forfeited to 
                the United States through the enforcement of a foreign 
                forfeiture or confiscation judgment under this section 
                shall be made in the same manner as is authorized for 
                the disposition of assets forfeited to the United 
                States pursuant to sections 981(e) and 981(i) of title 
                18.
                    ``(D) The custodian of property subject to an order 
                issued or obtained pursuant to subsection (d)(1) or (3) 
                of this section, will be such officers, agents, or 
                other persons as authorized or designated for that 
                purpose under the relevant provisions of section 981(d) 
                of title 18.
            ``(3) Preservation of property.--
                    ``(A) In general.--To preserve the availability of 
                property subject to forfeiture or confiscation under 
                foreign law, the Government may apply for, and the 
                court may issue, a protective order utilizing the 
                procedures of sections 981(b)(4) or 983(j) of title 18, 
                at any time before or after an application is filed 
                pursuant to subsection (c)(1) of this section 
                regardless whether the foreign forfeiture proceedings 
                instituted or contemplated are civil or criminal in 
                nature.
                    ``(B) Evidence.--The court, in issuing a protective 
                order under subparagraph (A)--
                            ``(i) may rely on information set forth in 
                        an affidavit describing the nature of the 
                        proceeding or investigation underway in the 
                        foreign nation, and setting forth a reasonable 
                        basis to believe that the property to be 
                        restrained, seized, or otherwise preserved will 
                        be named in a judgment of forfeiture at the 
                        conclusion of such proceeding; or
                            ``(ii) may register and enforce an order 
                        restraining, seizing or otherwise preserving 
                        property subject to forfeiture that has been 
                        issued by a competent legal authority in the 
                        foreign nation.
                    ``(C) Limit on grounds for objection.--No person 
                may object to a protective order under subparagraph (A) 
                on any ground that is the subject of parallel 
                litigation involving the same property that is pending 
                in a foreign court.
    ``(e) Finality of Foreign Findings.--In entering orders to enforce 
the judgment, the court shall be bound by the findings of fact to the 
extent that they are stated in the foreign forfeiture or confiscation 
judgment.
    ``(f) Currency Conversion.--The rate of exchange in effect at the 
time the decision to enforce the judgment is entered shall be used in 
calculating the amount stated in any forfeiture or confiscation 
judgment requiring the payment of a sum of money submitted for 
registration.
    ``(g) No person shall have any right of action at law or equity 
against the United States, its officers, employees, or any other person 
acting on behalf of, or at the direction of the United States, that 
arises from any action taken pursuant to this section, or the return or 
release of property restrained, seized, or forfeited pursuant to this 
section, including, but not limited to, actions for damages, costs, 
interest, or attorneys fees.''.
    (b) Conforming Amendment.--The item relating to section 2467 in the 
Chapter Analysis for chapter 163 of title 28, United States Code, is 
amended to read as follows:

``2467. Enforcement of foreign judgments and protective orders.''.

SEC. 362. EXTRATERRITORIAL JURISDICTION.

    Section 1956(f)(1) of title 18, United States Code, is amended by 
inserting ``or has an effect in the United States'' after ``conduct 
occurs in part in the United States''.

SEC. 363. SUSPENSION OF THE STATUTE OF LIMITATIONS TO OBTAIN FOREIGN 
              EVIDENCE.

    Section 3292 of title 18, United States Code, is amended by adding 
the following after subsection (d):
    ``(e) Civil Forfeitures.--In a case in which the United States 
contemplates filing a civil forfeiture action, the United States may 
apply to a district court where the action may be filed to suspend the 
running of the statute of limitations under (19 U.S.C. 1621) pursuant 
to this section.''.

                      CHAPTER 3--CIVIL FORFEITURE

SEC. 371. 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); and
            (3) by adding the following new subsection after subsection 
        (b):
    ``(c) The provisions of chapter 46 of title 18 relating to civil 
forfeitures shall extend to any seizure or civil forfeiture under this 
section.''.

SEC. 372. FUNGIBLE PROPERTY IN BANK ACCOUNTS.

    (a) In General.--Section 984 of title 18, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b) The provisions of this section may be invoked only if the 
action for forfeiture was commenced by the seizure or restraint of the 
property, or by the filing of a complaint, within 2 years of the 
completion of the offense that is the basis for the forfeiture.''.
    (b) Definition of Fungible Property.--Section 984(a) of title 18 is 
amended--
            (1) by inserting ``, jewels or stones'' after ``precious 
        metals''; and
            (2) by striking ``as defined in section 20 of this title'' 
        and inserting ``as defined in section 5312 of title 31''.

SEC. 373. AVAILABILITY OF TAX RECORDS.

    (a) In General.--Section 6103 of the Internal Revenue Code (26 
U.S.C. 6103) is amended--
            (1) in subparagraph (a)(3), by inserting ``paragraph 9 of 
        subsection (i)'' after ``under subsection (e)(1)(D)(iii)'';
            (2) in subparagraph (i)(1)(A)(i) by inserting ``or civil 
        forfeiture statute'' after ``enforcement of a specifically 
        designated Federal criminal statute'';
            (3) in subparagraph (i)(1)(B)(iii) by inserting ``or civil 
        forfeiture investigation or proceeding'' after ``Federal 
        criminal investigation or proceeding'';
            (4) in subparagraph (i)(4)(A) by replacing ``or related 
        civil forfeiture'' with ``or civil forfeiture statute''; and
            (5) by adding new paragraph (i)(9), after paragraph (i)(8) 
        as follows:
            ``(9) For the purposes of this subsection and subsection 
        (a), an employee of the Department of Justice includes a 
        Government contractor who is personally and directly engaged in 
        the activities described in this subsection under the direction 
        of the Department of Justice.''.
    (b) Conforming Amendments.--(1) Section 7213 of the Internal 
Revenue Code (26 U.S.C. 7213) is amended in subparagraph (a)(1) by 
inserting the following after ``employee of the United States'' the 
first time it appears: ``, any person described in subsection 
6103(i)(9),''.
    (2) Section 7213A of the Internal Revenue Code (26 U.S.C. 7213A) is 
amended in subparagraph (a)(1)(B) by inserting ``(i)(9),'' after 
``described in subsection''.

SEC. 374. CIVIL ORDER TO REPATRIATE ASSETS.

    Section 983(j) of title 18 United States Code is amended by adding 
after paragraph (4) the following--
            ``(5) Order to repatriate and deposit.--
                    ``(A) In general.--Pursuant to its authority to 
                enter a pretrial restraining order under this section, 
                the court may order any person to repatriate any 
                property that may be seized and forfeited, and to 
                deposit that property pending trial in the registry of 
                the court, or with the United States Marshals Service 
                or other Government custodian, in an interest-bearing 
                account, if appropriate.
                    ``(B) Failure to comply.--Failure to comply with 
                order under this subsection shall be punishable as a 
                civil or criminal contempt of court, and may also 
                result in an enhancement of the sentence of a criminal 
                defendant subject to such an order under the 
                obstruction of justice provision of the Federal 
                Sentencing Guidelines.''.

SEC. 375. CLARIFICATION OF 18 U.S.C. 3322.

    (a) Section 3322(a) of title 18, United States Code, is amended by 
inserting the following before the period: ``, including, but not 
limited to, disclosing such information in a complaint, or in an 
application for a seizure warrant or restraining order, or for use at 
any trial or hearing. Disclosure to an attorney for the Government 
under this section shall include disclosure to any investigative agency 
attorney, and any Government or investigative agency employee or 
contractor engaged in assisting the attorney to whom the information is 
disclosed in the conduct of civil or criminal forfeiture proceedings''.
    (b) Subsection 3322(d)(1)(A) is amended--
            (1) by deleting ``or''; and
            (2) by inserting after ``1957'': ``, or 1960''.

SEC. 376. INAPPLICABILITY OF LIABILITY FOR ATTORNEYS FEES IN 
              INTERNATIONAL MONEY LAUNDERING CASES.

    Section 2465 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c) The United States is not liable for attorneys fees or other 
litigation costs pursuant to subsection (b)(1) if--
            ``(1) the forfeiture action involved the movement of funds 
        across an international border or into or out of an account at 
        a foreign financial institution and the Government established 
        the forfeitability of the property pursuant to the applicable 
        statute by a preponderance of the evidence; or
            ``(2) the Government restrained or seized property, or 
        filed a forfeiture action, pursuant to section 981(b)(4) of 
        title 18, or section 2467 of this title, in accordance with a 
        request from a foreign Government or international 
        authority.''.

SEC. 377. VENUE FOR PRISONER CHALLENGES TO SEIZURE OF CRIME PROCEEDS.

    (a) In General.--Section 983(e) of title 18, United States Code, is 
amended--
            (1) in paragraph (3), by adding at the end the following: 
        ``If the person filing the motion was a defendant in a criminal 
        prosecution related to the seizure of the property, the motion 
        must be filed in the district where such prosecution took 
        place, or in the district where the property was seized.''; and
            (2) by adding the following new paragraph at the end:
            ``(6) Any person entitled to written notice in a judicial 
        forfeiture proceeding under a civil forfeiture statute who does 
        not receive such notice may file a motion to set aside the 
        judgment of forfeiture with respect to that person's interest 
        in the property in accordance with the procedures for setting 
        aside a nonjudicial forfeiture, as set forth in paragraphs (1) 
        through (5).''.
    (b) Effective Date.--The provisions of section 983(e), United 
States Code, as amended by Public Law 106-185, shall apply to any 
motion to set aside a declaration or judgment of forfeiture where such 
motion is filed on or after August 23, 2000.

SEC. 378. AFFORDING PROPERTY OWNERS A HEARING ON THE SEIZURE OF REAL 
              PROPERTY.

    Section 985(e) of title 18, United States Code, is amended by 
striking ``shall conduct a prompt postseizure hearing during which the 
property owner shall have an opportunity to contest the basis for the 
seizure'' and inserting ``shall afford the property owner an 
opportunity for a prompt postseizure hearing to determine whether there 
was probable cause for the seizure''.

SEC. 379. JURISDICTION OF MAGISTRATES.

    Section 636(a) of title 28, United States Code, is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) all powers and duties conferred or imposed upon the 
        courts by sections 981-86 of title 18, United States Code, in 
        connection with forfeiture proceedings, but not including the 
        conduct of the trial.''.

SEC. 380. MINOR AMENDMENTS TO THE CIVIL ASSET FORFEITURE REFORM ACT OF 
              2000.

    (a) Criminal Information.--Sections 983(a)(3)(B)(ii) and 
983(a)(3)(C) of title 18, United States Code, are amended by striking 
``criminal indictment'' each time it appears and inserting ``criminal 
indictment or information''.
    (b) Section 981.--Section 981 of title 18, United States Code, is 
amended by adding after subsection (k) the following:
    ``(l) The procedural provisions of this section shall apply to any 
civil forfeiture statute, as that term is defined in section 983(i), 
except where inconsistent with a provision relating to civil forfeiture 
procedure that is part of such statute.''.
    (c) Incarcerated Persons.--Section 983(a)(1)(F) of title 18, United 
States Code, is amended by inserting the following before the period at 
the end of the last sentence: ``; nor shall the Government be required 
to return property to a person who is incarcerated''.
    (d) Turnover Orders.--Section 983(a)(1)(A)(iv) of title 18, United 
States Code, is amended by adding at the end the following: ``In 
jurisdictions where the State or local law enforcement agency must 
obtain an order from a State court authorizing the turnover, the period 
from the date the law enforcement agency applies for the turnover order 
to the date when such order is issued by the court shall not be 
included in the 90-day period.''.
    (e) Clarification of Deadline for Contesting Nonjudicial 
Forfeiture.--Section 983(a)(2)(B) of title 18, United States Code, is 
amended by striking ``is not received'' and inserting ``is returned to 
the sender undelivered''.
    (f) Endangered Species and Other Contraband.--Section 983(d)(4) of 
title 18, United States Code, is amended by--
            (1) inserting ``(A)'' before ``Notwithstanding''; and
            (2) inserting at the end the following:
                    ``(B) The term `property that it is illegal to 
                possess' as used in (A) includes, but is not limited 
                to--
                            ``(i) animals or animal products that are 
                        illegal for the claimant to possess under any 
                        law enacted to conserve or protect endangered 
                        species or other wildlife or natural resources;
                            ``(ii) historic or cultural artifacts, 
                        works of art, archaeological or paleontological 
                        resources, human remains, fossils and other 
                        things that are illegal for the claimant to 
                        possess under any law enacted to preserve, 
                        protect, recover, or restore historic or 
                        cultural resources; and
                            ``(iii) any firearm, ammunition, explosive, 
                        or chemical agent used to commit a crime of 
                        violence.''.
    (g) Tolling Time for Filing Complaint.--Section 983(a)(3) of title 
18, United States Code, is amended by adding the following after 
subparagraph (D):
                    ``(E) If a person claiming an interest in the 
                seized property files a claim pursuant to paragraph 
                (2), but there is a bona fide dispute as to whether the 
                claim was timely filed or was in the proper form, the 
                time for resolving such dispute shall not be counted 
                within the time for filing a complaint under this 
                paragraph.''.
    (h) Statute of Limitations.--Section 1621 of title 19, United 
States Code, is amended by striking ``whichever was later'' and 
inserting ``whichever time period would result in the later deadline''.
    (i) Temporary Restraints in International Cases.--Section 981(b)(4) 
of title 18, United States Code, is amended by striking ``30 days'' and 
inserting ``90 days''.
    (j) Disposition of Forfeited Property.--Section 981(e) of title 18, 
United States Code, is amended--
            (1) by revising the introductory language preceding 
        paragraph (1) to read as follows:
    ``(e) Notwithstanding any other provision of the law, except 
section 3 of the Anti-Drug Abuse Act of 1986 (Public Law 99-570, 3, 100 
Stat. 3207-1), the Archeological Resources Protection Act of 1979 (16 
U.S.C. 470aa et seq. and 18 U.S.C. 1370), and the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.), the 
Attorney General, the Secretary of Homeland Security, the Secretary of 
the Treasury, the Secretary of the Interior, or the Postal Service, as 
the case may be, is authorized to retain property forfeited pursuant to 
this section, to sell, by public sale or any other commercially 
feasible means, such forfeited property which is not required to be 
destroyed by law and which is not harmful to the public, or to transfer 
such forfeited property on such terms and conditions as the appropriate 
agency may determine--''; and
            (2) by adding at the end the following: ``Notwithstanding 
        any other provision of law, the United States is authorized to 
        retain property forfeited in accordance with this section that 
        may be used as evidence in a criminal proceeding throughout the 
        pendency of such proceeding.''.

SEC. 381. PROPERTY DETAINED AT THE BORDER.

    Section 983(a)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by adding after clause (v) the 
        following:
                            ``(vi) In cases where property is detained 
                        at an international border or port of entry for 
                        the purpose of examination, testing, 
                        inspection, obtaining documentation, or other 
                        investigation relating to the importation of 
                        the property into, or the exportation of the 
                        property out of, the United States, such period 
                        of detention shall not be included in the 60-
                        day period described in clause (i). In such 
                        cases, the 60-day period shall begin to run 
                        when the period of detention is concluded.''; 
                        and
            (2) in subparagraph (D)--
                    (A) by striking ``or'' at the end of clause (iv);
                    (B) by redesignating clause (v) as clause (vi); and
                    (C) by inserting the following after clause (iv):
                            ``(v) initiation of a forfeiture proceeding 
                        before the seizing agency has received the 
                        results of a scientific test or laboratory 
                        analysis of the seized property that is 
                        material to the determination whether the 
                        property is subject to forfeiture; or''.

SEC. 382. OBSTRUCTION OF JUSTICE.

    Section 2232(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Impairment of Jurisdiction Over Property.--Whoever--
            ``(1) knowing that a United States court has exercised, or 
        is about to exercise, jurisdiction over property for purposes 
        of forfeiture under Federal law; or
            ``(2) knowing that property has been alleged to be 
        forfeitable in any civil or criminal proceeding pending in any 
        United States court,
destroys, damages, wastes, disposes of, transfers, or takes any other 
action with respect to such property for the purpose of impairing, 
frustrating, or defeating the court's jurisdiction over the property, 
without authority from that court, or attempts or conspires to do so, 
shall be fined under this title or imprisoned not more than 5 years, or 
both.''.

SEC. 383. SOURCE OF PAYMENT FOR ATTORNEY'S FEES.

    Section 2465 of title 28, United States Code, as amended by this 
Act, is further amended by adding at the end the following:
    ``(d)(1) Any amounts for which the United States is found to be 
liable pursuant to subsection (b) shall be paid from the Judgment Fund 
(28 U.S.C. 1304).
    ``(2) The amount of any attorney fees and other litigation costs 
for which the United States is found to be liable pursuant to 
subsection (b) shall be calculated in accordance with the provision for 
calculating such amounts under the Equal Access to Justice Act (28 
U.S.C. 2412).''.

SEC. 384. EXCESSIVE FINES CHALLENGES.

    Section 983(g) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``The claimant under 
        subsection (a)(4)'' and inserting ``An owner who files a claim 
        under subsection (a)(4)''; and
            (2) in paragraph (3), by striking ``claimant'' and 
        inserting ``owner''.

SEC. 385. PAYMENT IN LIEU OF FORFEITURE.

    Section 981 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(l) Payment in Lieu of Forfeiture.--If a financial institution or 
other person pays a sum of money to the United States--
            ``(1) in lieu of the commencement of forfeiture 
        proceedings; or
            ``(2) in settlement of such forfeiture proceedings if 
        commenced,
such sum of money shall be treated as forfeited funds and disposed of 
according to subsection (e).''.

SEC. 386. STATUTORY STANDING.

    Section 983(a)(4) of title 18, United States Code, is amended by 
striking ``any person claiming an interest'' and inserting ``any person 
with an ownership interest as described in subsection (d)''.

SEC. 387. UPDATING THE CROSS REFERENCE TO FORFEITURE PROCEDURES.

    Section 2513 of title 18, United States Code, is amended by 
striking everything after the first sentence and inserting the 
following: ``The procedures set forth in Chapter 46 of this title shall 
apply to civil forfeitures under this section.''.

SEC. 388. PROTECTING THE RIGHTS OF VICTIMS.

    Section 983(d) of title 18, United States Code, is amended by 
inserting after paragraph (6) the following:
            ``(7)(A) In determining whether a claimant is an owner 
        under paragraph (6), the court may not recognize or impose a 
        constructive trust or other equitable remedy if doing so 
        would--
                    ``(i) disadvantage other persons who are similarly 
                situated, including other victims of the same offense 
                who did not file claims in the forfeiture proceeding or 
                who cannot trace their property to the property subject 
                to forfeiture; or
                    ``(ii) would otherwise interfere with the ability 
                of the Attorney General, the Secretary of Homeland 
                Security, the Secretary of the Treasury, or the 
                Postmaster General of the United States Postal Service 
                to distribute the property subject to forfeiture on an 
                equitable basis to the victims of an offense pursuant 
                to sections 981(d) or 981(e)(6), or any other provision 
                of law.
            ``(B) For the purposes of this paragraph, the court may 
        consider a person to be the beneficiary of a constructive trust 
        only if--
                    ``(i) the person transferred property to a third 
                party, and that property is traceable to the property 
                that is subject to forfeiture;
                    ``(ii) the person was induced to transfer the 
                property to the third party by fraud or false 
                pretenses;
                    ``(iii) the person who transferred the property has 
                `clean hands' as that term is applied by a court of 
                equity;
                    ``(iv) the person had a confidential or fiduciary 
                relationship with the person to whom property was 
                transferred; and
                    ``(v) the person who transferred the property lacks 
                an adequate remedy at law, including the right to seek 
                remission or restoration of the property pursuant to 
                regulations issued by the Attorney General.''.

SEC. 389. OTHER MINOR AND TECHNICAL AMENDMENTS.

    (a) Destruction of Property of Little or No Value.--
            (1) Section 413(h) of the Controlled Substances Act (21 
        U.S.C. 853(h)) is amended by striking ``shall direct the 
        disposition of the property'' and inserting ``shall direct the 
        disposition or destruction of the property''.
            (2) Section 981(e) of title 18, United States Code, is 
        amended by striking ``is authorized to retain property 
        forfeited pursuant to this section'' and inserting ``is 
        authorized to retain or destroy property forfeited pursuant to 
        this section''.
    (b) Administrative Forfeiture of Funds.--Section 1607(a) of title 
19, United States Code, is amended by:
            (1) striking ``or'' at the end of paragraph (3);
            (2) inserting ``or'' after the semicolon at the end of 
        paragraph (4); and
            (3) inserting after paragraph (4) the following:
            ``(5) such seized merchandise comprises funds held in an 
        account at a financial institution (as defined in section 
        5312(a)(2) of title 31); or
            ``(6) such seized merchandise comprises funds stored on a 
        stored value card or other portable storage device or funds 
        held in an account at a financial institution (as defined in 
        section 5312(a)(2) of title 31) where such funds may be 
        accessed by a stored value card or other portable storage 
        device;''.
    (c) Explosives.--Section 844(c)(1) of title 18, United States Code, 
is amended by striking ``, and all provisions of the Internal Revenue 
Code of 1986 relating to the seizure, forfeiture, and disposition of 
firearms, as defined in section 5845(a) of that Code, shall, so far as 
applicable, extend to seizures and forfeitures under the provisions of 
this chapter''.
    (d) Conforming Section 924(d) to  CAFRA.--Section 924(d) of title 
18, United States Code, is amended--
            (1) in subsection (d)(1) by striking ``, and all provisions 
        of the Internal Revenue Code of 1986 relating to the seizure, 
        forfeiture, and disposition of firearms, as defined in section 
        5845(a) of that Code, shall, so far as applicable, extend to 
        seizures and forfeitures under the provisions of this 
        chapter'';
            (2) in subsection (d)(1) by striking ``Any action or 
        proceeding for the forfeiture of firearms or ammunition shall 
        be commenced within one hundred and twenty days of such 
        seizure.''; and
            (3) by striking subsection (d)(2) and redesignating 
        subsection (d)(3) as subsection (d)(2).
    (e) Internal Revenue Service.--Section 5872 of the Internal Revenue 
Code of 1986, is amended in subsection (a) by striking ``, and (except 
as provided in subsection (b)) all the provisions of the internal 
revenue laws relating to searches, seizures, and forfeitures of 
unstamped articles are extended to and made to apply to the articles 
taxed under this chapter, and the persons to whom this chapter 
applies.''
    (f) Conforming Amendments to Rule G.--
            (1) Section 983(a)(4)(A) of title 18, United States Code, 
        is amended by striking ``except that such claim'' and all that 
        follows, up to the period.
            (2) Section 985(c)(1)(C) of title 18, United States Code, 
        is amended to read as follows:
                    ``(C) sending notice to the property owner, along 
                with a copy of the complaint, in the manner described 
                in rule G(4)(b) of the Supplemental Rules for Admiralty 
                or Maritime and Asset Forfeiture Claims.''.
            (3) Chapter 46 of title 18, United States Code, is amended 
        by striking ``Supplemental Rules for Certain Admiralty and 
        Maritime Claims'' and inserting ``Supplemental Rules for 
        Admiralty or Maritime and Asset Forfeiture Claims'' each time 
        it appears.

SEC. 390. FRIVOLOUS CLAIMS BY PRISONERS.

    (a) In General.--Section 1915(g) of title 28, United States Code is 
amended by adding the following at the end: ``Motions and other actions 
seeking the return of administratively, civilly, or criminally 
forfeited property, or otherwise collaterally attacking a forfeiture 
declaration, order, or judgment, shall be considered civil actions for 
purposes of this subsection.''.
    (b) Section 983(h).--Section 983(h)(3) of title 18, United States 
Code, is amended to read as follows:
            ``(3) In addition to the limitations of section 1915 of 
        title 28, United States Code, in no event shall a prisoner--
                    ``(A) file a claim under a civil forfeiture 
                statute;
                    ``(B) appeal a judgment in a civil action or 
                proceeding based on a civil forfeiture statute;
                    ``(C) move for return of administratively, civilly, 
                or criminally forfeited property;
                    ``(D) otherwise collaterally attack a forfeiture 
                declaration, order, or judgment; or
                    ``(E) appeal from the denial of any such motion or 
                collateral attack,
        if the prisoner has, on 3 or more prior occasions, while 
        incarcerated or detained in any facility, brought an action or 
        appeal in a court of the United States that was dismissed on 
        the grounds that it is frivolous or malicious, unless the 
        prisoner shows extraordinary and exceptional circumstances.''.

                 TITLE IV--DRUG TRAFFICKING ENFORCEMENT

             Subtitle A--Regulation of Analogue Substances

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Controlled Substances Analogue 
Reform Act''.

SEC. 402. IDENTIFICATION OF ANALOGUES.

    (a) Definition of Controlled Substance Analogue.--Section 102(32) 
of the Controlled Substances Act (21 U.S.C. 802) is amended by striking 
subparagraph (A) and inserting the following:
            ``(A)(i) Except as provided in subparagraph (C), the term 
        `controlled substance analogue' means a substance that meets 1 
        or more of the following criteria:
                    ``(I) The chemical structure is substantially 
                similar to the chemical structure of a controlled 
                substance in schedule I or II and either one of the 
                following:
                            ``(aa) The substance has a stimulant, 
                        depressant, or hallucinogenic effect on the 
                        central nervous system that is substantially 
                        similar to, or greater than the stimulant, 
                        depressant, or hallucinogenic effect on the 
                        central nervous system of a controlled 
                        substance in schedule I or II.
                            ``(bb) With respect to a particular 
                        transaction or proposed transaction, a person 
                        represents or intends that the substance has a 
                        stimulant, depressant, or hallucinogenic effect 
                        on the central nervous system that is 
                        substantially similar to, or greater than the 
                        stimulant, depressant, or hallucinogenic effect 
                        on the central nervous system of a controlled 
                        substance in schedule I or II.
                    ``(II) The substance is listed in section 203(b).
                    ``(III) The substance has been designated by the 
                Attorney General, by rule, in accordance with section 
                553 of title 5, as meeting at least 1 of the following 
                criteria:
                            ``(aa) The chemical structure of the 
                        substance is substantially similar to the 
                        chemical structure of a controlled substance in 
                        schedule I or II.
                            ``(bb) The substance meets the definition 
                        of a phenethylamine or a tryptamine under 
                        (paragraph (3) or (4) of section 203(b)).
            ``(ii) No inference is intended or may be drawn by the 
        failure of the Attorney General to designate a substance as an 
        analogue under this subsection. The Attorney General is 
        authorized to remove any substance from the list of analogues 
        pursuant to his rulemaking authority.''.
    (b) Congressional Designation of Substances as Analogues.--Section 
203 of the Controlled Substances Act (21 U.S.C. 813) is amended--
            (1) by inserting ``(a)'' before the text in section 813; 
        and
            (2) by inserting at the end the following:
    ``(b) The following substances shall be deemed controlled substance 
analogues as that term is used in 21 U.S.C. 802(32)(A), and shall, to 
the extent intended for human consumption, be treated for the purposes 
of any Federal law as a controlled substance in schedule I:
            ``(1) Gamma butyrolactone (GBL).
            ``(2) 1,4-butanediol.
            ``(3) Phenethylamines, meaning any phenethylamine that 
        meets 1 or more of the following conditions:
                    ``(A) Any compound structurally derived from 
                phenethylamine.
                    ``(B) Any compound structurally derived from any N-
                alkylphenethylamine, any alpha-alkylphenethylamine, or 
                any N-alkyl-alpha-alkylphenethylamine, by substitution 
                on the ring to any extent with alkyl, cycloalkyl, 
                cycloalkenyl, alkoxy, alkylthio, alkylhalide, 
                alkylenedioxy, acyloxy, or halide substituents, whether 
                or not further substituted on the ring by 1 or more 
                other univalent substituents.
            ``(4) Tryptamines, meaning any tryptamine that meets 1 or 
        more of the following conditions:
                    ``(A) Has a secondary or tertiary amine formed by 
                the substitution on the nitrogen atom of the 2-
                aminoethyl chain by various alkyl groups, whether in 
                chain, or ring form (for example, N-alkyltryptamine, 
                N,N-dialkyltrypt-
                amine, N,N-tetramethylenetryptamine).
                    ``(B) Has an alkyl substitution on the alpha 
                position of the 2-aminoethyl chain (alpha-
                methyltryptamine or alpha-ethyltryptamine).
                    ``(C) Has substituents on the indole ring system, 
                including, but not restricted to, various alkyl chains, 
                halogens, hydroxyl, alkoxy, acetyl, or alkylthio 
                groups, at 1 or more positions except the 1 (indole 
                nitrogen) position.''.
    (c) Severability.--If a provision of this section is held invalid, 
all valid provisions that are severable shall remain in effect. If a 
provision is held invalid in 1 or more of its applications, the 
provision shall remain in effect in all its valid applications that are 
severable.

    Subtitle B--Clarification of Venue for Certain Drug Trafficking 
                                Offenses

SEC. 411. CLARIFICATION OF VENUE FOR CERTAIN DRUG TRAFFICKING OFFENSES.

    Section 1009 of the Controlled Substances Import and Export Act (21 
U.S.C. 959) is amended to read as follows:

   ``possession, manufacture, or distribution of controlled substance

    ``Sec. 1009.  (a) It shall be unlawful for any person to 
manufacture or distribute a controlled substance in schedule I or II or 
flunitrazepam or listed chemical--
            ``(1) intending that such substance or chemical will be 
        unlawfully imported into the United States or into waters 
        within a distance of 12 miles of the coast of the United 
        States; or
            ``(2) knowing that such substance or chemical will be 
        unlawfully imported into the United States or into waters 
        within a distance of 12 miles of the coast of the United 
        States.
    ``(b) Possession, Manufacture, or Distribution by Person on Board 
Aircraft.--It shall be unlawful for any United States citizen on board 
any aircraft, or any person on board an aircraft owned by a United 
States citizen or registered in the United States, to--
            ``(1) manufacture or distribute a controlled substance or 
        listed chemical; or
            ``(2) possess a controlled substance or listed chemical 
        with intent to distribute.
    ``(c) Attempt or Conspiracy To Commit Offense.--Any person who 
attempts or conspires to commit any offense defined in this section 
shall be subject to the same penalties as those prescribed for the 
offense, the commission of which was the object of the attempt or 
conspiracy.
    ``(d) Acts Committed Outside Territorial Jurisdiction of United 
States.--This section is intended to reach acts of manufacture or 
distribution committed outside the territorial jurisdiction of the 
United States, including acts in furtherance of a conspiracy or 
attempt. This section shall apply even if some acts related to the 
conspiracy or attempt were committed within the United States.
    ``(e) Venue.--Any person who violates this section shall be tried 
in the United States district court at the point of entry where such 
person enters the United States, or in the United States District Court 
for the District of Columbia. A prosecution for an attempt or 
conspiracy offense under this section shall be tried in the United 
States district court at the point of entry where such person enters 
the United States, or in the United States District Court for the 
District of Columbia.''.

               TITLE V--CRIMINAL RESTITUTION IMPROVEMENT

SEC. 501. MANDATORY RESTITUTION FOR FEDERAL OFFENSES.

    Title 18, United States Code, is amended by striking section 3663 
and all that follows through section 3664 and inserting the following:
``Sec. 3663. Mandatory restitution
    ``(a) Restitution Required.--The court shall order a convicted 
defendant to make restitution for all pecuniary loss to identifiable 
victims, including pecuniary loss resulting from physical injury to, or 
the death of, another, proximately resulting from the offense.
    ``(b) To Whom Made.--
            ``(1) Generally.--The court shall order restitution be made 
        to each victim of the offense.
            ``(2) Definition of victim.--As used in this section and 
        section 3664, the term `victim' means--
                    ``(A) each identifiable person or entity suffering 
                the pecuniary loss (and any successor to that person or 
                entity); and
                    ``(B) others, as agreed to in a plea agreement or 
                otherwise provided by law.
    ``(c) Extent of Restitution.--Restitution shall compensate the 
victim for all of the victim's pecuniary loss, including--
            ``(1) an amount equal to the greater of the value of the 
        property on the date of the damage, loss, or destruction or the 
        value of the property on the date of sentencing;
            ``(2) an amount equal to the cost of necessary medical and 
        related professional services and devices relating to physical, 
        psychiatric, and psychological care, including nonmedical care 
        and treatment rendered in accordance with a method of healing 
        recognized by the law of the place of treatment;
            ``(3) an amount equal to the cost of necessary physical and 
        occupational therapy and rehabilitation;
            ``(4) income lost by such victim as a result of such 
        offense;
            ``(5) lost income and necessary child care, transportation, 
        and other expenses incurred during participation in the 
        investigation or prosecution of the offense or attendance at 
        proceedings related to the offense, including attorneys' fees 
        necessarily and reasonably incurred for representation of the 
        victim except for payment of salaries of government lawyers; 
        and
            ``(6) in the case of an offense resulting in the death of 
        the victim, an amount equal to the cost of necessary funeral 
        and related services.
    ``(d) Special Rule for Misdemeanors.--In the case of a misdemeanor, 
an order of restitution may be in lieu of any other penalty.
    ``(e) Alternative Arrangements in Light of Practical Problems.--The 
court shall provide as complete a restitution to as many victims as 
possible, though not the full restitution to all victims otherwise 
required by this section, to the extent the court finds on the record 
that--
            ``(1) the number of identifiable victims is so large as to 
        make restitution impracticable; or
            ``(2) determining complex issues of fact related to the 
        cause or amount of a victim's losses would complicate or 
        prolong the sentencing process to such a degree that the need 
        to provide restitution to that victim is outweighed by the 
        burden on the sentencing process.
``Sec. 3664. Procedure for issuance and enforcement of order of 
              restitution
    ``(a) Report by Probation Officer.--
            ``(1) Duty to make.--The probation officer shall obtain and 
        include in the presentence report, or in a separate report, as 
        the court may direct, information sufficient for the court to 
        fashion a restitution order.
            ``(2) Contents.--The report shall include, to the extent 
        practicable, a complete accounting of the losses to each 
        victim, any restitution owed pursuant to a plea agreement, and 
        information relating to the economic circumstances of each 
        defendant. If the number or identity of victims cannot be 
        reasonably ascertained, or other circumstances exist that make 
        this requirement impracticable, the probation officer shall so 
        inform the court and make the best efforts possible to estimate 
        the loss and identify the victims.
    ``(b) Disclosure to Parties.--The court shall disclose to the 
defendant, the attorney for the Government, and, upon request, 
potential recipients of restitution, all portions of the presentence or 
other report pertaining to the matters described in subsection (a).
    ``(c) Information From Attorney for the Government.--The attorney 
for the Government shall provide to the probation officer any 
information the Attorney for the Government has relevant to the matters 
required to be reported under subsection (a).
    ``(d) Notice to Victims.--The probation officer shall, before 
submitting the presentence report under subsection (a), to the extent 
practicable--
            ``(1) provide notice to all identified victims of--
                    ``(A) the offense or offenses of which the 
                defendant was convicted;
                    ``(B) the amounts subject to restitution submitted 
                to the probation officer;
                    ``(C) the opportunity of the victim to submit 
                information to the probation officer concerning the 
                amount of the victim's losses;
                    ``(D) the scheduled date, time, and place of the 
                sentencing hearing;
                    ``(E) the availability of a lien in favor of the 
                victim; and
                    ``(F) the opportunity of the victim to file with 
                the probation officer a separate affidavit relating to 
                the amount of the victim's losses subject to 
                restitution; and
            ``(2) provide the victim with an affidavit form to submit 
        pursuant to paragraph (1)(F).
    ``(e) Defendant's Affidavit as to Finances.--Each defendant shall 
prepare and file with the probation officer an affidavit fully 
describing the financial resources of the defendant, including a 
complete listing of all assets owned or controlled by the defendant as 
of the date on which the defendant was arrested, the financial needs 
and earning ability of the defendant and the defendant's dependents, 
and such other information that the court requires relating to such 
other factors as the court deems appropriate.
    ``(f) Additional Documentation or Testimony.--After reviewing the 
report of the probation officer, the court may require additional 
documentation or hear testimony. The privacy of any records filed, or 
testimony heard, pursuant to this section shall be maintained to the 
greatest extent possible, and such records may be filed or testimony 
heard in camera.
    ``(g) Date for Final Determination.--If a victim's losses are not 
ascertainable by the date that is 10 days before sentencing, the 
attorney for the Government or the probation officer shall so inform 
the court, and the court shall set a date for the final determination 
of the victim's losses, not to exceed 90 days after sentencing. If the 
victim subsequently discovers further losses, the victim shall have 60 
days after discovery of those losses in which to petition the court for 
an amended restitution order. Such order may be granted only upon a 
showing of good cause for the failure to include such losses in the 
initial claim for restitution.
    ``(h) Referral to Magistrate or Special Master.--The court may 
refer any issue arising in connection with a proposed order of 
restitution to a magistrate judge or special master for proposed 
findings of fact and recommendations as to disposition, subject to a de 
novo determination of the issue by the court.
    ``(i) Burdens of Proof.--Any dispute as to the proper amount or 
type of restitution shall be resolved by the court by the preponderance 
of the evidence. The burden of demonstrating the amount of the loss 
sustained by a victim of restitution as a result of the offense shall 
be on the attorney for the Government. The burden of demonstrating the 
financial resources of the defendant and the financial needs of the 
defendant's dependents, shall be on the defendant. The burden of 
demonstrating such other matters as the court deems appropriate shall 
be upon the party designated by the court as justice requires.
    ``(j) Order of Payment.--
            ``(1) Upon determination of the amount of restitution owed 
        to each victim, the court shall order that the full amount of 
        restitution is due and payable immediately.
            ``(2) The court shall specify in the restitution order the 
        manner in which the restitution is to be paid. The court may 
        provide for payment in installments according to a schedule. 
        The length of time over which scheduled payments are 
        established shall be the shortest time in which full payment 
        reasonably can be made and based on--
                    ``(A) the financial resources and other assets of 
                the defendant, including whether any of these assets 
                are jointly controlled;
                    ``(B) projected earnings and other income of the 
                defendant; and
                    ``(C) any financial obligations of the defendant; 
                including obligations to dependents.
            ``(3) The court may direct the defendant to take any 
        action, including the repatriation of assets or the surrender 
        of the interest of the defendant in any asset, in order to pay 
        restitution in accordance with this section.
            ``(4) The Attorney General may collect and apply unreported 
        or otherwise newly available assets to the payment of 
        restitution, without regard to any installment payment 
        provisions.
    ``(k) Order as Final Judgment.--A sentence that imposes an order of 
restitution is a final judgment notwithstanding the fact that--
            ``(1) such a sentence can subsequently be--
                    ``(A) corrected under Rule 35 of the Federal Rules 
                of Criminal Procedure and section 3742 of chapter 235 
                of this title;
                    ``(B) appealed and modified under section 3742;
                    ``(C) amended under subsection (g); or
                    ``(D) adjusted under section 3664(q), 3572, or 
                3613A; or
            ``(2) the defendant may be resentenced under section 3565 
        or 3614.
    ``(l) Joint and Several Responsibility.--If the offense involves 
more than one defendant, the court may order each defendant jointly and 
severally liable for any or all of the restitution.
    ``(m) Supervised Release.--A court shall not terminate a term of 
supervised release under section 3583(e) before the order to pay 
restitution has been completely satisfied. A court shall extend a term 
of supervised release beyond that otherwise imposed under other 
provisions of law, until the defendant has paid the restitution in full 
or the court determines the economic circumstances of the defendant do 
not allow the payment of any further restitution. Such determination is 
only for the purposes of this subsection and does not affect the 
obligation to pay restitution or the ability of any entity to enforce 
restitution under any other provision of law. If the supervised release 
is extended under this subsection, the court shall order that the sole 
condition of supervised release shall be payment of restitution.
    ``(n) Effect of Insurance and Other Compensation.--
            ``(1) Insurance.--In no case shall the fact that a victim 
        receives or is entitled to receive compensation with respect to 
        a loss from insurance or any other source be considered in 
        determining the amount of restitution. If a victim receives 
        compensation from insurance or any other source with respect to 
        a loss, the court shall order that restitution be paid to the 
        person who provided or is obligated to provide the 
        compensation, but the restitution order shall provide that all 
        victims be paid before such a provider of compensation.
            ``(2) Other compensation.--Any amount paid to a victim 
        under an order of restitution shall be reduced by any amount 
        later recovered as compensatory damages for the same loss by 
        the victim in--
                    ``(A) any Federal civil proceeding; and
                    ``(B) any State civil proceeding, to the extent 
                provided by the law of the State.
    ``(o) Details of Payments.--
            ``(1) Minimum payment required.--A restitution order may 
        direct the defendant to make nominal periodic payments if the 
        court finds on the record that the economic circumstances of 
        the defendant do not allow the payment of any amount of a 
        restitution order, and do not allow for the payment of the full 
        amount of a restitution order in the foreseeable future under 
        any reasonable schedule of payments.
            ``(2) In-kind payments.--An in-kind payment may be in the 
        form of return of property, replacement of property, or if the 
        victim agrees, services rendered to the victim or a person or 
        organization other than the victim.
    ``(p) Different Payment Schedules for Multiple Victims.--If the 
court finds that more than 1 victim has sustained a loss requiring 
restitution by a defendant, the court may provide for a different 
payment schedule for each victim, based on their individual losses and 
economic circumstances. In any case in which the United States is a 
victim, the court shall ensure that all other victims receive full 
restitution before the United States receives any restitution.
    ``(q) Material Change in Defendant's Ability To Pay.--The defendant 
shall notify the court and the Attorney General of any material change 
in the defendant's economic circumstances that might affect the 
defendant's ability to pay restitution. The court may also accept 
notification of a material change in the defendant's economic 
circumstances from the United States or from the victim. The Attorney 
General shall certify to the court that the victims have been notified 
of the change in circumstances. Upon receipt of the notification, the 
court may, on its own motion, or the motion of any party, including the 
victim, adjust the payment schedule, or require immediate payment in 
full, as the interests of justice require.
    ``(r) Name and Address Changes.--It is the responsibility of the 
victim to provide any change in name or mailing address to the court 
while restitution is still owed. Not later than 30 days after any 
change in name or mailing or residence address, a person owing 
restitution shall promptly report the change to the court. The 
confidentiality of any information relating to a victim shall be 
maintained.
    ``(s) Enforcement.--
            ``(1) Generally.--An order of restitution may be enforced 
        by the United States in the manner provided for in subchapter C 
        of chapter 227 and subchapter B of chapter 229 of this title, 
        or by all other available and necessary means.
            ``(2) Abstract of judgment.--At the request of a victim 
        named in a restitution order, the clerk of the court shall 
        issue an abstract of judgment certifying that a judgment has 
        been entered in favor of such victim in the amount specified in 
        the restitution order. Upon registering, recording, docketing, 
        or indexing such abstract in accordance with the rules and 
        requirements relating to judgments of the court of the State 
        where the district court is located, the abstract of judgment 
        shall be a lien on the property of the defendant located in 
        such State in the same manner and to the same extent and under 
        the same conditions as a judgment of a court of general 
        jurisdiction in that State.
            ``(3) Special rule for in-kind orders.--An order of in-kind 
        restitution in the form of services shall be enforced by the 
        probation officer.
    ``(t) Effect of Additional Resources.--If a person obligated to 
provide restitution, or pay a fine, receives additional resources from 
any source, including inheritance, settlement, or other judgment, such 
person shall be required to apply the value of such resources to any 
restitution or fine still owed.
    ``(u) Rights of Victims.--
            ``(1) Not required to participate.--No victim shall be 
        required to participate in any phase of a restitution order.
            ``(2) Assignment to fund.--A victim may at any time assign 
        an interest in restitution payments to the Crime Victims Fund 
        in the Treasury without in any way impairing the obligation of 
        the defendant to make such payments.
    ``(v) No Cause of Action Created Against the United States or Its 
Officers or Employees.--Nothing in this section or section or 3663 
shall be construed to create a cause of action not otherwise authorized 
in favor of any person against the United States or any officer or 
employee of the United States.
    ``(w) Collateral Estoppel.--A conviction of a defendant for an 
offense involving the act giving rise to an order of restitution shall 
estop the defendant from denying the essential allegations of that 
offense in any subsequent Federal civil proceeding or State civil 
proceeding, to the extent consistent with State law, brought by the 
victim.''.

SEC. 502. TABLE OF SECTIONS AMENDMENT.

    The table of sections at the beginning of chapter 232 of title 18, 
United States Code, is amended by striking the item relating to 
sections 3663 and all that follows the item relating to section 3664 
and inserting the following:

``3663. Mandatory restitution.
``3664. Procedure for issuance and enforcement of order of 
                            restitution.''.

SEC. 503. EFFECT OF RESTITUTION ORDER ON SENTENCE OF PROBATION.

    Section 3564 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Relation to Restitution Order.--The court shall not terminate 
a term of probation under section 3564(c) if the defendant has an 
unsatisfied order of restitution. The court shall extend probation for 
such a defendant beyond any term otherwise provided by law until the 
order is satisfied or the court determines the economic circumstances 
of the defendant do not allow the payment of any further restitution. 
Such determination is only for the purposes of this subsection and does 
not affect the obligation to pay restitution or the ability of any 
entity to enforce restitution under any other provision of law. The 
sole condition of such extended probation shall be the satisfaction of 
that order.''.

SEC. 504. CONFORMING AMENDMENTS AND REPEALS.

    (a) Elimination of Specialized Mandatory Restitution Provisions.--
            (1)  In title 18.--Title 18, United States Code, is amended 
        by striking--
                    (A) section 1593;
                    (B) section 2248;
                    (C) section 2259;
                    (D) section 2264; and
                    (E) section 2327.
            (2) Conforming amendments to tables in title 18.--The table 
        of sections for each of the chapters of title 18, United States 
        Code, from which a section is stricken by subsection (a) is 
        amended by striking the item relating to that section.
            (3) In the controlled substances act.--The Controlled 
        Substances Act (21 U.S.C. 801 et seq.) is amended--
                    (A) in section 413(q), by striking
                ``shall--'' and all that follows through ``3663A of 
                title 18, United States Code.'' and inserting ``order 
                the defendant to reimburse the United States, the State 
                or local government concerned, or both the United 
                States and the State or local government concerned for 
                the costs incurred by the United States or the State or 
                local government concerned, as the case may be, for the 
                cleanup associated with the manufacture of amphetamine 
                or methamphetamine by the defendant, or on premises or 
                in property that the defendant owns, resides, or does 
                business in.''; and
                    (B) in section 416, by striking subsection (c).
    (b) Elimination of Procedural Matters Moved to Restitution 
Sections.--Section 3612(b)(1) of title 18, United States Code, is 
amended--
            (1) by striking subparagraphs (F) and (G);
            (2) by inserting ``and'' at the end of subparagraph (D); 
        and
            (3) by striking the semicolon at the end of subparagraph 
        (E) and inserting a period.
    (c) Cross Reference Corrections.--
            (1) Section 3563(a)(6)(A) of title 18, United States Code, 
        is amended by striking ``2248, 2259, 2327, 3663, 3663A, and 
        3664'' and inserting ``3663 and 3664''.
            (2) Section 3613(c) of title 18, United States Code, is 
        amended by striking ``2248'' and all that follows through 
        ``3664'' and inserting ``3663 and 3664''.

SEC. 505. SPECIAL FORFEITURE OF COLLATERAL PROFITS FROM CRIME.

    Subsection (a) of section 3681 of title 18, United States Code, is 
amended by striking `` the interest of justice or an order of 
restitution'' and all that follows through the end of the subsection 
and inserting ``the compelling interest of preventing wrongdoers from 
profiting from their crimes or of providing restitution to the victims 
of those crimes so requires, order the offender (or any transferee of 
that defendant) to forfeit any profits made possible by the offense.''.

SEC. 506. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION ACT.

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by inserting after section 3664 the following:
``Sec. 3664A. Preservation of assets for restitution
    ``(a) Protective Orders To Preserve Assets.--
            ``(1) In general.--Upon the Government's ex parte 
        application and a finding of probable cause that a defendant, 
        if convicted, will be ordered to pay an approximate amount of 
        restitution for an offense punishable by imprisonment for more 
        than 1 year, the court--
                    ``(A) shall--
                            ``(i) enter a restraining order or 
                        injunction;
                            ``(ii) require the execution of a 
                        satisfactory performance bond; or
                            ``(iii) take any other action necessary to 
                        preserve the availability of any property 
                        traceable to the commission of the offense 
                        charged; and
                    ``(B) if it determines that it is in the interests 
                of justice to do so, shall issue any order necessary to 
                preserve any nonexempt asset (as defined in section 
                3613) of the defendant that may be used to satisfy such 
                restitution order.
            ``(2) Effect of probable cause finding.--Any probable cause 
        finding by the court under paragraph (1) shall not limit the 
        amount of restitution the court may impose at the time of 
        sentencing.
            ``(3) Procedures.--Applications and orders issued under 
        paragraph (1) shall be governed by the procedures under section 
        413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) and 
        in this section.
            ``(4) Monetary instruments.--If the property in question is 
        a monetary instrument (as defined in section 1956(c)(5)) or 
        funds in electronic form, the protective order issued under 
        paragraph (1) may take the form of a warrant authorizing the 
        Government to seize the property and to deposit it into an 
        interest-bearing account in the Registry of the Court in the 
        district in which the warrant was issued, or into another such 
        account maintained by a substitute property custodian, as the 
        court may direct.
            ``(5) Post-indictment.--A post-indictment protective order 
        entered under paragraph (1) shall remain in effect through the 
        conclusion of the criminal case, including sentencing and any 
        post-sentencing proceedings, until seizure or other disposition 
        of the subject property, unless modified by the court upon a 
        motion by the Government or under subsection (b) or (c).
    ``(b) Defendant's Right to a Hearing.--
            ``(1) In general.--In the case of a preindictment 
        protective order entered under subsection (a)(1), the 
        defendant's right to a post-restraint hearing shall be governed 
        by paragraphs (1)(B) and (2) of section 413(e) of the 
        Controlled Substances Act (21 U.S.C. 853(e)).
            ``(2) Post-indictment.--In the case of a post-indictment 
        protective order entered under subsection (a)(1), the defendant 
        shall have a right to a post-restraint hearing regarding the 
        continuation or modification of the order if the defendant--
                    ``(A) establishes by a preponderance of the 
                evidence that there are no assets, other than the 
                restrained property, available to the defendant to 
                retain counsel in the criminal case or to provide for a 
                reasonable living allowance for the necessary expenses 
                of the defendant and the defendant's lawful dependents; 
                and
                    ``(B) makes a prima facie showing that there is 
                bona fide reason to believe that the court's ex parte 
                finding of probable cause under subsection (a)(1) was 
                in error.
            ``(3) Hearing.--
                    ``(A) In general.--If the court determines that the 
                defendant has satisfied the requirements of paragraph 
                (2), it may hold a hearing to determine whether there 
                is probable cause to believe that the defendant, if 
                convicted, will be ordered to satisfy an order of 
                restitution for an offense punishable by imprisonment 
                for more than 1 year, and that the seized or restrained 
                property may be needed to satisfy such restitution 
                order.
                    ``(B) Probable cause.--If the court finds probable 
                cause under subparagraph (A), the protective order 
                shall remain in effect.
                    ``(C) No probable cause.--If the court finds under 
                subparagraph (A) that no probable cause exists as to 
                some or all of the property, or determines that more 
                property has been seized and restrained than may be 
                needed to satisfy a restitution order, it shall modify 
                the protective order to the extent necessary to release 
                the property that should not have been restrained.
            ``(4) Rebuttal.--If the court conducts an evidentiary 
        hearing under paragraph (3), the court shall afford the 
        Government an opportunity to present rebuttal evidence and to 
        cross-examine any witness that the defendant may present.
            ``(5) Pretrial hearing.--In any pretrial hearing on a 
        protective order issued under subsection (a)(1), the court may 
        not entertain challenges to the grand jury's finding of 
        probable cause regarding the criminal offense giving rise to a 
        potential restitution order. The court shall ensure that such 
        hearings are not used to obtain disclosure of evidence or the 
        identities of witnesses earlier than required by the Federal 
        Rules of Criminal Procedure or other applicable law.
    ``(c) Third Party's Right to Post-Restraint Hearing.--
            ``(1) In general.--A person other than the defendant who 
        has a legal interest in property affected by a protective order 
        issued under subsection (a)(1) may move to modify the order on 
        the grounds that--
                    ``(A) the order causes an immediate and irreparable 
                hardship to the moving party; and
                    ``(B) less intrusive means exist to preserve the 
                property for the purpose of restitution.
            ``(2) Modification.--If, after considering any rebuttal 
        evidence offered by the Government, the court determines that 
        the moving party has made the showings required under paragraph 
        (1), the court shall modify the order to mitigate the hardship, 
        to the extent that it is possible to do so while preserving the 
        asset for restitution.
            ``(3) Intervention.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) or paragraph (1), a person other than 
                a defendant has no right to intervene in the criminal 
                case to object to the entry of any order issued under 
                this section or otherwise to object to an order 
                directing a defendant to pay restitution.
                    ``(B) Exception.--If, at the conclusion of the 
                criminal case, the court orders the defendant to use 
                particular assets to satisfy an order of restitution 
                (including assets that have been seized or restrained 
                pursuant to this section) the court shall give persons 
                other than the defendant the opportunity to object to 
                the order on the ground that the property belonged in 
                whole or in part to the third party and not to the 
                defendant, as provided in section 413(n) of the 
                Controlled Substances Act (21 U.S.C. 853(n)).
    ``(d) Geographic Scope of Order.--
            ``(1) In general.--A district court of the United States 
        shall have jurisdiction to enter an order under this section 
        without regard to the location of the property subject to the 
        order.
            ``(2) Outside the united states.--If the property subject 
        to an order issued under this section is located outside of the 
        United States, the order may be transmitted to the central 
        authority of any foreign state for service in accordance with 
        any treaty or other international agreement.
    ``(e) No Effect on Other Government Action.--Nothing in this 
section shall be construed to preclude the Government from seeking the 
seizure, restraint, or forfeiture of assets under the asset forfeiture 
laws of the United States.
    ``(f) Limitation on Rights Conferred.--Nothing in this section 
shall be construed to create any enforceable right to have the 
Government seek the seizure or restraint of property for restitution.
    ``(g) Receivers.--
            ``(1) In general.--A court issuing an order under this 
        section may appoint a receiver under section 1956(b)(4) to 
        collect, marshal, and take custody, control, and possession of 
        all assets of the defendant, wherever located, that have been 
        restrained in accordance with this section.
            ``(2) Distribution of property.--The receiver shall have 
        the power to distribute property in its control to each victim 
        identified in an order of restitution at such time, and in such 
        manner, as the court may authorize.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
chapter 232 of title 18, United States Code, is amended by inserting 
after the item relating to section 3664 the following:

``Sec. 3664A. Preservation of assets for restitution.''.

SEC. 507. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION STATUTE.

    Section 1345(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) committing or about to commit a Federal 
                offense that may result in an order of restitution;''; 
                and
            (2) in paragraph (2)--
                    (A) by striking ``a banking violation'' and all 
                that follows through ``healthcare offense'' and 
                inserting ``a violation or offense identified in 
                paragraph (1)''; and
                    (B) by inserting ``or offense'' after ``traceable 
                to such violation''.

SEC. 508. AMENDMENTS TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT.

    (a) Process.--Section 3004(b)(2) of title 28, United States Code, 
is amended by inserting after ``in which the debtor resides.'' the 
following: ``In a criminal case, the district court for the district in 
which the defendant was sentenced may deny the request.''.
    (b) Prejudgment Remedies.--Section 3101 of title 28, United States 
Code, is amended--
            (1) in subsection (a)(1) by inserting after ``the filing of 
        a civil action on a claim for a debt'' the following: ``or in 
        any criminal action where the court may enter an order of 
        restitution''; and
            (2) in subsection (d)--
                    (A) by inserting after ``The Government wants to 
                make sure [name of debtor] will pay if the court 
                determines that this money is owed.'' the following:
    ```In a criminal action, use the following opening paragraph: You 
are hereby notified that this [property] is being taken by the United 
States Government [the Government], which says that [name of debtor], 
if convicted, may owe as restitution $ [amount]. The Government says it 
must take this property at this time because [recite the pertinent 
ground or grounds from section 3101(b)]. The Government wants to make 
sure [name of debtor] will pay if the court determines that restitution 
is owed.'';
                    (B) by inserting after ``a statement that different 
                property may be so exempted with respect to the State 
                in which the debtor resides.]'' the following:
    ```[In a criminal action, the statement summarizing the types of 
property that may be exempt shall list only those types of property 
that may be exempt under section 3613 of title 18.]''; and
                    (C) by inserting after ``You must also send a copy 
                of your request to the Government at [address], so the 
                Government will know you want the proceeding to be 
                transferred.'' the following:
    ```If this Notice is issued in conjunction with a criminal case, 
the district court where the criminal action is pending may deny your 
request for a transfer of this proceeding.''.
    (c) Enforcement.--Section 3202(b) of title 28, United States Code, 
is amended--
            (1) by inserting after ``a statement that different 
        property may be so exempted with respect to the State in which 
        the debtor resides.]'' the following:
    ```[In a criminal action, the statement summarizing the types of 
property that may be exempt shall list only those types of property 
that may be exempt under section 3613 of title 18.]''; and
            (2) by inserting after ``you want the proceeding to be 
        transferred.'' the following:
    ```If this notice is issued in conjunction with a criminal case, 
the district court where the criminal action is pending may deny your 
request for a transfer of this proceeding.''.

SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General for 
enhancing the enforcement and litigation of criminal debts owed to 
victims of Federal criminal offenses $20 million for each of the fiscal 
years 2008 through 2012.

            TITLE VI--COUNTERTERRORISM AND NATIONAL SECURITY

SEC. 601. PROVIDING MATERIAL SUPPORT TO FACILITATE, REWARD, OR 
              ENCOURAGE ACTS OF TERRORISM.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Providing material support to facilitate, reward, or 
              encourage acts of terrorism
    ``(a) Prohibition.--Whoever, in a circumstance provided in 
subsection (b) provides, or attempts or conspires or agrees to provide, 
material support or resources to the perpetrator of an act of 
international terrorism, to a family member of such perpetrator, or to 
any other person, with the intent to facilitate, reward, or encourage 
that act or other acts of international terrorism, shall be fined under 
this title or imprisoned not more than 15 years, or both, and, if death 
results, shall be imprisoned for any term of years or for life.
    ``(b) Jurisdictional Bases.--A circumstance referred to in 
subsection (a) is--
            ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
            ``(2) the offense involves the use of the mails or a 
        facility of interstate or foreign commerce;
            ``(3) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that affects 
        interstate or foreign commerce or would have affected 
        interstate or foreign commerce had it been consummated;
            ``(4) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that violates the 
        criminal laws of the United States;
            ``(5) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that is designed to 
        influence the policy or affect the conduct of the United States 
        Government;
            ``(6) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that occurs in part 
        within the United States and is designed to influence the 
        policy or affect the conduct of a foreign government;
            ``(7) an offender intends to facilitate, reward, or 
        encourage an act of international terrorism that causes or is 
        designed to cause death or serious bodily injury to a national 
        of the United States while that national is outside the United 
        States, or substantial damage to the property of a legal entity 
        organized under the laws of the United States (including any of 
        its States, districts, commonwealths, territories, or 
        possessions) while that property is outside of the United 
        States;
            ``(8) the offense occurs in whole or in part within the 
        United States, and an offender intends to facilitate, reward, 
        or encourage an act of international terrorism that is designed 
        to influence the policy or affect the conduct of a foreign 
        government; or
            ``(9) the offense occurs in whole or in part outside of the 
        United States, and an offender is a national of the United 
        States, a stateless person whose habitual residence is in the 
        United States, or a legal entity organized under the laws of 
        the United States (including any of its States, districts, 
        commonwealths, territories, or possessions).
    ``(c) Definitions.--For purposes of this section:
            ``(1) the term `material support or resources' has the same 
        meaning as in section 2339A(b) of this title;
            ``(2) the term `the perpetrator of an act' includes--
                    ``(A) any person who commits the act;
                    ``(B) any person who aids, abets, counsels, 
                commands, induces, or procures its commission; and
                    ``(C) any person who attempts, plans, or conspires 
                to commit the act;
            ``(3) the term `international terrorism' has the same 
        meaning as in section 2331 of this title;
            ``(4) the term `facility of interstate or foreign commerce' 
        has the same meaning as in section 1958(b)(2) of this title;
            ``(5) the term `serious bodily injury' has the same meaning 
        as in section 1365 of this title; and
            ``(6) the term `national of the United States' has the same 
        meaning as in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Chapter Analysis.--The chapter analysis for chapter 113B of 
title 18, United States Code, is amended by adding at the end the 
following:

``2339D. Receiving military-type training from a foreign terrorist 
                            organization.
``2339E. Providing material support to facilitate, reward, or encourage 
                            acts of terrorism.''.
    (c) Definitions.--Section 2332b(g)(5)(B)(i) of title 18, United 
States Code is amended by striking all following ``2339C'' and 
inserting the following: ``(relating to financing of terrorism), 2339E 
(relating to providing material support to facilitate, reward, or 
encourage acts of terrorism), or 2340A (relating to torture) of this 
title;''.

SEC. 602. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE 
              TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.

    Section 2339D(a) of title 18, United States Code, is amended by 
inserting ``, or attempts or conspires to do so,'' after ``foreign 
terrorist organization''.

SEC. 603. KIDNAPPING AND RAPE OVERSEAS.

    Section 2332 of title 18, United States Code, is amended by--
            (1) redesignating the subsections (c) and (d) as 
        subsections (d) and (e), respectively;
            (2) inserting the following new subsection (c):
    ``(c) Kidnapping.--Whoever outside the United States unlawfully 
seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away, 
or attempts or conspires to seize, confine, inveigle, decoy, kidnap, 
abduct, or carry away, a national of the United States, shall be fined 
under this title, punished by imprisonment for any term of years or for 
life, or both, and if the death of any person results, shall be fined 
under this title, punished by death or imprisonment for any term of 
years or for life, or both.''; and
            (3) in subsection (d) (as redesignated), by--
                    (A) inserting ``(as defined in section 1365 of this 
                title, including any conduct that, if the conduct 
                occurred in the special maritime and territorial 
                jurisdiction of the United States, would violate 
                section 2241 or 2242 of this title)'' after ``injury'' 
                in paragraphs (1) and (2); and
                    (B) striking ``ten'' and inserting ``25''.

SEC. 604. HOSTAGE TAKING.

    Section 1203 of title 18, United States Code, is amended to read as 
follows:
``Sec. 1203. Hostage taking
    ``(a) Whoever, whether inside or outside the United States, seizes 
or detains and threatens to kill, to injure, or to continue to detain 
without lawful authority--
            ``(1) any officer or employee of the United States or of 
        any agency in any branch of the United States Government 
        (including any member of the uniformed services) while such 
        officer or employee is engaged in or on account of the 
        performance of official duties, or any person assisting such an 
        officer or employee in the performance of such duties or on 
        account of that assistance, or whoever attempts or conspires to 
        do so; or
            ``(2) except as provided in subsection (b) of this section, 
        another person in order to compel a third person or a 
        governmental organization to do or abstain from doing any act 
        as an explicit or implicit condition for the release of the 
        person detained, or whoever attempts or conspires to do so,
shall be punished by imprisonment for any term of years or for life 
and, if the death of any person results, shall be punished by death or 
life imprisonment.
    ``(b)(1) It is not an offense under subsection (a)(2) if the 
conduct required for the offense occurred outside the United States 
unless--
            ``(A) the offender or the person seized or detained is a 
        national of the United States;
            ``(B) the offender is found in the United States; or
            ``(C) the governmental organization sought to be compelled 
        is the Government of the United States.
    ``(2) It is not an offense under subsection (a)(2) if the conduct 
required for the offense occurred inside the United States, each 
alleged offender and each person seized or detained are nationals of 
the United States, and each alleged offender is found in the United 
States, unless the governmental organization sought to be compelled is 
the Government of the United States.
    ``(c) As used in this section, the term `national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.

SEC. 605. INTERFERENCE WITH FLIGHT CREW OR THREAT TO SAFETY OF 
              AIRCRAFT.

    Section 46504 of title 49, United States Code, is amended by--
            (1) amending the heading for such section to read as 
        follows: ``Interference with flight crew or threat to safety of 
        aircraft.''; and
            (2) designating the existing language as subsection (a), 
        and adding at the end the following:
    ``(b) An individual on an aircraft in the special aircraft 
jurisdiction of the United States who knowingly or recklessly takes any 
action that poses a serious threat to the safety of the aircraft or 
other individuals on the aircraft, shall be fined under title 18, 
imprisoned for not more than 10 years, or both.''.

SEC. 606. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO 
              TERRORISTS.

    Section 2339D of title 18, United States Code, is amended by 
striking ``or imprisoned for ten years, or both.'' and inserting ``and 
imprisoned for not less than 3 years and not more than 15 years.''.

SEC. 607. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, as 
amended by this title, is amended by adding at the end the following:

``SEC. 2339F. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

    ``(a) In General.--Any individual who is convicted of a Federal 
crime of terrorism (as defined in section 2332b(g)) shall, as provided 
by the court on motion of the Government, be ineligible for any or all 
Federal benefits for any term of years or for life.
    ``(b) Federal Benefit Defined.--In this section, `Federal benefit' 
has the meaning given that term in section 421(d) of the Controlled 
Substances Act (21 U.S.C. 862(d)).''.
    (b) Conforming Amendment.--The table of sections for chapter 113B 
of title 18, United States Code, is amended by adding at the end the 
following:

``Sec. 2339F. Denial of Federal benefits to terrorists.''.

SEC. 608. IMPROVE INVESTIGATION OF TERRORIST CRIMES.

    (a) Multidistrict Search Warrants in Terrorism Investigations.--
Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to 
read as follows:
            ``(3) a magistrate judge--in an investigation of--
                    ``(A) international terrorism or domestic terrorism 
                (as those terms are defined in section 2331 of title 
                18, United States Code), or a Federal crime of 
                terrorism (as defined in section 2332b(g)(5) of title 
                18, United States Code); or
                    ``(B) an offense under section 1001 or 1505 of 
                title 18, United States Code, relating to information 
                or purported information concerning a Federal crime of 
                terrorism (as defined in section 2332b(g)(5) of title 
                18, United States Code), having authority in any 
                district in which activities related to the Federal 
                crime of terrorism or offense may have occurred, may 
                issue a warrant for a person or property within or 
                outside that district.''.
    (b) Increased Penalties for Obstruction of Justice in Terrorism 
Cases.--Sections 1001(a) and 1505 of title 18, United States Code, are 
amended by striking ``8 years'' and inserting ``10 years''.

SEC. 609. SOLICITATION TO COMMIT A CRIME OF VIOLENCE OR TERRORISM.

    Section 373 of title 18, United States Code, is amended--
            (1) in subsection (a), by--
                    (A) inserting ``or a Federal crime of terrorism as 
                defined in section 2332b(g)(5),'' after ``in violation 
                of the laws of the United States,''; and
                    (B) inserting ``or persons'' after ``another 
                person'';
            (2) in subsection (c), by--
                    (A) inserting ``or persons'' after ``the person'';
                    (B) striking ``he'' and inserting ``they'' in the 
                phrase ``because he lacked'';
                    (C) striking ``he was'' and inserting ``they were'' 
                in the phrase ``because he was incompetent'';
                    (D) striking ``he is'' and inserting ``they are'' 
                in the phrase ``because he is immune''; and
                    (E) striking ``is'' from ``is not subject to 
                prosecution''; and
            (3) in the title by inserting the words ``or terrorism'' 
        after ``solicitation to commit a crime of violence''.

SEC. 610. TERRORIST OFFENSE RESULTING IN DEATH.

    (a) New Offense.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
    ``(a) Whoever, in the course of committing a terrorist offense, 
engages in conduct that results in the death of a person, shall be 
punished by death or imprisoned for any term of years or for life.
    ``(b) As used in this section, the term `terrorist offense' means--
            ``(1) a felony offense that is--
                    ``(A) a Federal crime of terrorism as defined in 
                section 2332b(g), other than an offense under section 
                1363; or
                    ``(B) an offense under this chapter, section 175, 
                175b, 229, or 831, or section 236 of the Atomic Energy 
                Act of 1954; or
            ``(2) a Federal offense that is an attempt or conspiracy to 
        commit an offense described in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by adding at 
the end the following new item:

``2339E. Terrorist offenses resulting in death.''.

SEC. 611. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

    (a) Participation in Nuclear and Weapons of Mass Destruction 
Threats to the United States.--Section 832(c) of title 18, United 
States Code, is amended by inserting ``punished by death if death 
results to any person from the offense, or'' after ``shall be''.
    (b) Missile Systems To Destroy Aircraft.--Section 2332g(c)(3) of 
title 18, United States Code, is amended by inserting ``punished by 
death or'' after ``shall be''.
    (c) Atomic Weapons.--The last sentence of section 222 b. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting 
``death or'' before ``imprisonment for life'' the last place it 
appears.
    (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 
18, United States Code, is amended by inserting ``death or'' before 
``imprisonment for life''.
    (e) Variola Virus.--Section 175c(c)(3) of title 18, United States 
Code, is amended by inserting ``death or'' before ``imprisonment for 
life''.

SEC. 612. INCREASE IN CERTAIN PENALTIES.

    (a) Section 2332(b)(1).--Section 2332(b)(1) of title 18, United 
States Code, is amended by striking ``20 years'' and inserting ``30 
years''.
    (b) Section 2332(c).--Section 2332(c) of title 18, United States 
Code, is amended by striking ``ten years'' and inserting ``20 years''.
    (c) Section 2339C(d).--Section 2339C(d) of title 18, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``20 years'' and 
        inserting ``30 years''; and
            (2) in paragraph (2), by striking ``10 years'' and 
        inserting ``20 years''.

SEC. 613. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C 
              OFFENSES.

    Section 2339C of title 18, United States Code, is amended by 
striking ``unlawfully and wilfully'' and inserting ``knowingly''.

SEC. 614. PROVIDING MATERIAL SUPPORT TO TERRORIST GROUPS.

    (a) Providing Material Support to Terrorists.--Section 2339A(a) of 
title 18, United States Code, is amended by striking ``, imprisoned not 
more than 15 years,'' and all that follows through ``life.'' and 
inserting ``and imprisoned for not less than 10 years or for life, and, 
if the death of any person results, shall be imprisoned for not less 
than 30 years or for life.''.
    (b) Receiving Military-Type Training From a Foreign Terrorist 
Organization.--Section 2339D of title 18, United States Code, is 
amended by striking ``or imprisoned for ten years, or both.'' and 
inserting ``and imprisoned for not less than 3 years and not more than 
15 years.''.

SEC. 615. WIRETAP PREDICATE.

    Section 2516(q) of title 18, United States Code, is amended by 
striking ``section 2332'' and all that follows through ``2339C'' and 
inserting ``chapter 113B''.

          TITLE VII--GANG DETERRENCE AND COMMUNITY PROTECTION

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Gang Deterrence and Community 
Protection Act of 2007''.

 Subtitle A--Criminal Law Reforms and Enhanced Penalties to Deter and 
  Punish Illegal Street Gang Activity and Related Criminal Law Reforms

SEC. 711. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL 
              STREET GANG ACTIVITY.

    (a) In General.--Chapter 26 of title 18, United States Code, is 
amended to read as follows:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521. Criminal street gang prosecutions.
``Sec. 521. Criminal street gang prosecutions
    ``(a) Street Gang Crime.--Whoever commits, or conspires, threatens 
or attempts to commit, a gang crime for the purpose of furthering the 
activities of a criminal street gang, or gaining entrance to or 
maintaining or increasing position in such a gang, shall, in addition 
to being subject to a fine under this title--
            ``(1) if the gang crime results in the death of any person, 
        be sentenced to death or life in prison;
            ``(2) if the gang crime is kidnapping, aggravated sexual 
        abuse, or maiming, be imprisoned for life or any term of years 
        not less than 30;
            ``(3) if the gang crime is assault resulting in serious 
        bodily injury (as defined in section 1365), be imprisoned for 
        life or any term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Forfeiture.--
            ``(1) In general.--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 shall forfeit to 
        the United States such person's interest in--
                    ``(A) any property used, or intended to be used, in 
                any manner or part, to commit, or to facilitate the 
                commission of, the violation; and
                    ``(B) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as a result of the violation.
            ``(2) Application of controlled substances act.--
        Subsections (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), 
        (m), (n), (o), and (p) of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853) shall apply to a forfeiture 
        under this section as though it were a forfeiture under that 
        section.
    ``(c) Definitions.--The following definitions apply in this 
section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means a formal or informal group or association of 3 or 
        more individuals, who commit 2 or more gang crimes (one of 
        which is a crime of violence other than an offense punishable 
        under subparagraphs (A), (B), or (C) of section 401(b)(1) of 
        the Controlled Substances Act), in 2 or more separate criminal 
        episodes, in relation to the group or association, if any of 
        the activities of the criminal street gang affects interstate 
        or foreign commerce.
            ``(2) Gang crime.--The term `gang crime' means conduct 
        constituting any Federal or State crime, punishable by 
        imprisonment for more than one year, in any of the following 
        categories:
                    ``(A) A crime of violence.
                    ``(B) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(C) A crime involving the manufacturing, 
                importing, distributing, possessing with intent to 
                distribute, or otherwise dealing in a controlled 
                substance or listed chemical (as those terms are 
                defined in section 102 of the Controlled Substances Act 
                (21 U.S.C. 802)).
                    ``(D) Any conduct punishable under section 844 
                (relating to explosive materials), subsection (a)(1), 
                (d), (g)(1) (where the underlying conviction is a 
                violent felony (as defined in section 924(e)(2)(B) of 
                this title) or is a serious drug offense (as defined in 
                section 924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5), 
                (g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u), 
                or (x) of section 922 (relating to unlawful acts), or 
                subsection (b), (c), (g), (h), (k), (l), (m), or (n) of 
                section 924 (relating to penalties), section 930 
                (relating to possession of firearms and dangerous 
                weapons in Federal facilities), section 931 (relating 
                to purchase, ownership, or possession of body armor by 
                violent felons), sections 1028 and 1029 (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), section 
                1952 (relating to interstate and foreign travel or 
                transportation in aid of racketeering enterprises), 
                section 1956 (relating to the laundering of monetary 
                instruments), section 1957 (relating to engaging in 
                monetary transactions in property derived from 
                specified unlawful activity), or sections 2312 through 
                2315 (relating to interstate transportation of stolen 
                motor vehicles or stolen property).
                    ``(E) Any conduct punishable under section 274 
                (relating to bringing in and harboring certain aliens), 
                section 277 (relating to aiding or assisting certain 
                aliens to enter the United States), or section 278 
                (relating to importation of alien for immoral purpose) 
                of the Immigration and Nationality Act.
            ``(3) Aggravated sexual abuse.--The term `aggravated sexual 
        abuse' means an offense that, if committed in the special 
        maritime and territorial jurisdiction would be an offense under 
        section 2241(a).
            ``(4) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.''.
    (b) Amendment Relating to Priority of Forfeiture Over Orders for 
Restitution.--Section 3663(c)(4) of title 18, United States Code, is 
amended by striking ``chapter 46 or chapter 96 of this title'' and 
inserting ``section 521, under chapter 46 or 96,''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``, section 521 (relating to 
criminal street gang prosecutions)'' before ``, section 541''.

SEC. 712. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR 
              TRANSPORTATION IN AID OF RACKETEERING.

    (a) Substantive Changes to Offense.--Section 1952(a) of title 18, 
United States Code, is amended--
            (1) so that the heading for the section reads as follows:
``Sec. 1952. Interstate or foreign commerce-related aid to 
              racketeering'';
            (2) by inserting ``(1)'' after ``(a)'';
            (3) by striking ``travels'' and all that follows through 
        ``intent to'' and inserting ``, in or affecting interstate or 
        foreign commerce'';
            (4) by striking ``(1) distribute'' and inserting ``(A) 
        distributes'';
            (5) by striking ``(2) commit'' and inserting ``(B) 
        commits'';
            (6) by striking ``(3) otherwise promote, manage, establish, 
        carry on, or facilitate'' and inserting ``(C) otherwise 
        promotes, manages, establishes, carries on, or facilitates''; 
        and
            (7) by striking ``and thereafter'' and all that follows 
        through the end of the subsection and inserting the following:
``or attempts or conspires to do so, shall be punished as provided in 
paragraph (2).
    ``(2) The punishment for an offense under this subsection is--
            ``(A) in the case of a violation of subparagraph (A) or (C) 
        of paragraph (1), a fine under this title and imprisonment for 
        not less than 5 nor more than 20 years; and
            ``(B) in the case of a violation of subparagraph (B) of 
        paragraph (1), a fine under this title and imprisonment for not 
        less than 10 nor more than 30 years, but if death results the 
        offender shall be sentenced to death, or to imprisonment for 
        any term of years or for life.''.
    (b) Clerical Amendment.--The item relating to section 1952 in the 
table of sections at the beginning of chapter 95 of title 18, United 
States Code, is amended to read as follows:

``1952. Interstate or foreign commerce-related aid to racketeering.''.

SEC. 713. AMENDMENTS RELATING TO VIOLENT CRIME.

    (a) Carjacking.--Section 2119 of title 18, United States Code, is 
amended--
            (1) by striking ``, with the intent to cause death or 
        serious bodily harm'' in the matter preceding paragraph (1);
            (2) by inserting ``or conspires'' after ``attempts'' in the 
        matter preceding paragraph (1);
            (3) by striking ``15'' and inserting ``20'' in paragraph 
        (1); and
            (4) by striking ``or imprisoned not more than 25 years, or 
        both'' and inserting ``and imprisoned not less than 10 years 
        nor more than 30 years'' in paragraph (2).
    (b) Clarification of Illegal Gun Transfers To Commit Drug 
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18, 
United States Code, is amended to read as follows:
    ``(h) Whoever, in or affecting interstate or foreign commerce, 
knowingly transfers a firearm, knowing or intending that the firearm 
will be used to commit, or possessed in furtherance of, a crime of 
violence or drug trafficking crime, shall be fined under this title and 
imprisoned not less than 5 years nor more than 20 years.''.
    (c) Amendment of Special Sentencing Provision Relating to 
Limitations on Criminal Association.--Section 3582(d) of title 18, 
United States Code, is amended--
            (1) by inserting ``section 521 (criminal street gang 
        prosecutions), in'' after ``felony set forth in'';
            (2) by striking ``specified person, other than his 
        attorney, upon'' and inserting ``specified person upon''; and
            (3) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.
    (d) Conspiracy Penalty.--Section 371 of title 18, United States 
Code, is amended by striking ``five'' and inserting ``20''.

SEC. 714. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES 
              IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY 
              CRIMES OF VIOLENCE.

    (a) In General.--Section 1958 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 1958. Use of interstate commerce facilities in the commission of 
              murder-for-hire and other felony crimes of violence'';
            (2) in subsection (a), by inserting ``or other crime of 
        violence, punishable by imprisonment for more than one year,'' 
        after ``intent that a murder''; and
            (3) in subsection (a), by striking ``shall be fined'' the 
        first place it appears and all that follows through the end of 
        such subsection and inserting the following:
``shall, in addition to being subject to a fine under this title
            ``(1) if the crime of violence or conspiracy results in the 
        death of any person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, or a 
        conspiracy to commit such a crime of violence, be imprisoned 
        for life or any term of years not less than 30;
            ``(3) if the crime of violence is an assault, or a 
        conspiracy to assault, that results in serious bodily injury 
        (as defined in section 1365), be imprisoned for life or any 
        term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.''.
    (b) Clerical Amendment.--The item relating to section 1958 in the 
table of sections at the beginning of chapter 95 of title 18, United 
States Code, is amended to read as follows:

``1958. Use of interstate commerce facilities in the commission of 
                            murder-for-hire and other felony crimes of 
                            violence.''.

SEC. 715. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING 
              ACTIVITY.

    (a) Offense.--Section 1959(a) of title 18, United States Code, is 
amended to read as follows:
    ``(a) Whoever commits, or conspires, threatens, or attempts to 
commit, a crime of violence for the purpose of furthering the 
activities of an enterprise engaged in racketeering activity, or for 
the purpose of gaining entrance to or maintaining or increasing 
position in, such an enterprise, shall, unless the death penalty is 
otherwise imposed, in addition and consecutive to the punishment 
provided for any other violation of this chapter and in addition to 
being subject to a fine under this title--
            ``(1) if the crime of violence results in the death of any 
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, be 
        imprisoned for life or any term of years not less than 30;
            ``(3) if the crime of violence is assault resulting in 
        serious bodily injury (as defined in section 1365), be 
        imprisoned for life or for any term of years not less than 20; 
        and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.''.
    (b) Venue.--Section 1959 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) A prosecution for a violation of this section may be brought 
in--
            ``(1) the judicial district in which the crime of violence 
        occurred; or
            ``(2) any judicial district in which racketeering activity 
        of the enterprise occurred.''.

SEC. 716. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN 
              RELATION TO A DRUG TRAFFICKING CRIME.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

``murder and other violent crimes committed during and in relation to a 
                         drug trafficking crime

    ``Sec. 424.  (a) In General.--Whoever commits, or conspires, or 
attempts to commit, a crime of violence during and in relation to a 
drug trafficking crime, shall, unless the death penalty is otherwise 
imposed, in addition and consecutive to the punishment provided for the 
drug trafficking crime and in addition to being subject to a fine under 
this title--
            ``(1) if the crime of violence results in the death of any 
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, be 
        imprisoned for life or any term of years not less than 30;
            ``(3) if the crime of violence is assault resulting in 
        serious bodily injury (as defined in section 1365), be 
        imprisoned for life or any term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Venue.--A prosecution for a violation of this section may be 
brought in--
            ``(1) the judicial district in which the murder or other 
        crime of violence occurred; or
            ``(2) any judicial district in which the drug trafficking 
        crime may be prosecuted.
    ``(c) Definitions.--As used in this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 16 of title 18, United States Code; and
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2) of title 18, United States 
        Code.''.
    (b) Clerical Amendment.--The table of contents for the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended 
by inserting after the item relating to section 423, the following:

``Sec. 424. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.''.

SEC. 717. MULTIPLE INTERSTATE MURDER.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1123. Use of interstate commerce facilities in the commission of 
              multiple murder
    ``(a) In General.--Whoever travels in or causes another (including 
the intended victim) to travel in interstate or foreign commerce, or 
uses or causes another (including the intended victim) to use the mail 
or any facility of interstate or foreign commerce, or who conspires or 
attempts to do so, with intent that 2 or more intentional homicides be 
committed in violation of the laws of any State or the United States 
shall, in addition to being subject to a fine under this title--
            ``(1) if the offense results in the death of any person, be 
        sentenced to death or life in prison;
            ``(2) if the offense results is assault resulting in 
        serious bodily injury (as defined in section 1365), be 
        imprisoned for life or any term of years not less than 20; and
            ``(3) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Definition.--The term `State' means each of the several 
States of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following:

``1123. Use of interstate commerce facilities in the commission of 
                            multiple murder.''.

SEC. 718. ADDITIONAL RACKETEERING ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or would have 
        been so chargeable if the act or threat had not been committed 
        in Indian country (as defined in section 1151) or in any other 
        area of exclusive Federal jurisdiction,'' after ``chargeable 
        under State law''; and
            (2) in subparagraph (B), by inserting ``section 1123 
        (relating to interstate murder),'' after ``section 1084 
        (relating to the transmission of gambling information),''.

SEC. 719. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF 
              PERSONS CHARGED WITH FIREARMS OFFENSES.

    Section 3142 of title 18, United States Code, is amended--
            (1) in subsection (e), in the matter following paragraph 
        (3), by inserting ``an offense under subsection (g)(1) (where 
        the underlying conviction is a drug trafficking crime (as 
        defined in section 924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or 
        (g)(9) of section 922, or a crime of violence,'' after ``that 
        the person committed''; and
            (2) in subsection (g), by amending paragraph (1) to read as 
        follows:
            ``(1) the nature and circumstances of the offense charged, 
        including whether the offense is a crime of violence, or 
        involves a controlled substance, firearm, explosive, or 
        destructive devise;''.

SEC. 720. VENUE IN CAPITAL CASES.

    Section 3235 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3235. Venue in capital cases
    ``(a) The trial for any offense punishable by death shall be held 
in the district where the offense was committed or in any district in 
which the offense began, continued, or was completed.
    ``(b) If the offense, or related conduct, under subsection (a) 
involves activities which affect interstate or foreign commerce, or the 
importation of an object or person into the United States, such offense 
may be prosecuted in any district in which those activities 
occurred.''.

SEC. 721. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3298. Violent crime offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital felony, crime of violence, including any racketeering 
activity or gang crime which involves any crime of violence, unless the 
indictment is found or the information is instituted not later than 15 
years after the date on which the alleged violation occurred or the 
continuing offense was completed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

``3298. Violent crime offenses.''.

SEC. 722. MODIFICATION OF DEFINITION OF CRIME OF VIOLENCE.

    Section 16(b) of title 18, United States Code, is amended to read 
as follows:
            ``(b) any other offense that is an offense punishable by 
        imprisonment for more than one year and that, by its nature, 
        involves a substantial risk that physical force may be used 
        against the person or property of another, or is an offense 
        punishable under subparagraphs (A), (B), or (C) of section 
        401(b)(1) of the Controlled Substances Act.''.

SEC. 723. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY 
              WRONGDOING.

    Rule 804(b)(6) of the Federal Rules of Evidence is amended to read 
as follows:
            ``(6) Forfeiture by wrongdoing.--A statement offered 
        against a party who has engaged or acquiesced in wrongdoing, or 
        who could reasonably foresee such wrongdoing would take place, 
        if the wrongdoing was intended to, and did, procure the 
        unavailability of the declarant as a witness.''.

SEC. 724. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING.

    (a) In General.--Section 924(c) of title 18, United States Code, is 
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``shall'' and inserting ``or 
                conspires to commit any of the above acts, shall, for 
                each instance in which the firearm is used, carried, or 
                possessed'';
                    (B) in clause (i), by striking ``5 years'' and 
                inserting ``7 years''; and
                    (C) by striking clauses (ii) and (iii) and 
                inserting the following:
                    ``(ii) if the firearm is discharged, be sentenced 
                to a term of imprisonment of not less than 15 years; 
                and
                    ``(iii) if the firearm is used to wound, injure, or 
                maim another person, be sentenced to a term of 
                imprisonment of not less than 20 years.''; and
            (2) by striking paragraph (4).
    (b) Conforming Amendment.--Section 924 of title 18, United States 
Code, is amended by striking subsection (o).

SEC. 725. TRANSFER OF JUVENILES.

    The 4th undesignated paragraph of section 5032 of title 18, United 
States Code, is amended--
            (1) by striking ``A juvenile'' where it appears at the 
        beginning of the paragraph and inserting ``Except as otherwise 
        provided in this chapter, a juvenile'';
            (2) by striking ``as an adult, except that, with'' and 
        inserting ``as an adult. With''; and
            (3) by striking ``However, a juvenile'' and all that 
        follows through ``criminal prosecution.'' at the end of the 
        paragraph and inserting ``The Attorney General may prosecute as 
        an adult a juvenile who is alleged to have committed an act 
        after that juvenile's 16th birthday which if committed by an 
        adult would be a crime of violence that is a felony, an offense 
        described in subsection (d), (i), (j), (k), (o), (p), (q), (u), 
        or (x) of section 922 (relating to unlawful acts), or 
        subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 
        924 (relating to penalties), section 930 (relating to 
        possession of firearms and dangerous weapons in Federal 
        facilities), or section 931 (relating to purchase, ownership, 
        or possession of body armor by violent felons). The decision 
        whether or not to prosecute a juvenile as an adult under the 
        immediately preceding sentence is not subject to judicial 
        review in any court. In a prosecution under that sentence, the 
        juvenile may be prosecuted and convicted as an adult for any 
        other offense which is properly joined under the Federal Rules 
        of Criminal Procedure, and may also be convicted as an adult of 
        any lesser included offense.''.

 Subtitle B--Increased Federal Resources to Deter and Prevent At-Risk 
                Youth From Joining Illegal Street Gangs

SEC. 731. DESIGNATION OF AND ASSISTANCE FOR ``HIGH INTENSITY'' 
              INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section the following definitions shall 
apply:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, after consultation 
        with the Governors of appropriate States, may designate as high 
        intensity interstate gang activity areas, specific areas that 
        are located within 1 or more States.
            (2) Assistance.--In order to provide Federal assistance to 
        high intensity interstate gang activity areas, the Attorney 
        General shall--
                    (A) establish criminal street gang enforcement 
                teams, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal street gangs and offenders in 
                each high intensity interstate gang activity area;
                    (B) direct the reassignment or detailing from any 
                Federal department or agency (subject to the approval 
                of the head of that department or agency, in the case 
                of a department or agency other than the Department of 
                Justice) of personnel to each criminal street gang 
                enforcement team;
                    (C) provide all necessary funding for the operation 
                of the criminal street gang enforcement team in each 
                high intensity interstate gang activity area; and
                    (D) provide all necessary funding for national and 
                regional meetings of criminal street gang enforcement 
                teams, and all other related organizations, as needed, 
                to ensure effective operation of such teams through the 
                sharing of intelligence, best practices and for any 
                other related purpose.
            (3) Composition of criminal street gang enforcement team.--
        The team established pursuant to paragraph (2)(A) shall consist 
        of agents and officers, where feasible, from--
                    (A) the Federal Bureau of Investigation;
                    (B) the Drug Enforcement Administration;
                    (C) the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives;
                    (D) the United States Marshals Service;
                    (E) the Directorate of Border and Transportation 
                Security of the Department of Homeland Security;
                    (F) the Department of Housing and Urban 
                Development;
                    (G) State and local law enforcement; and
                    (H) Federal, State, and local prosecutors.
            (4) Criteria for designation.--In considering an area for 
        designation as a high intensity interstate gang activity area 
        under this section, the Attorney General shall consider--
                    (A) the current and predicted levels of gang crime 
                activity in the area;
                    (B) the extent to which violent crime in the area 
                appears to be related to criminal street gang activity, 
                such as drug trafficking, murder, robbery, assaults, 
                carjacking, arson, kidnapping, extortion, and other 
                criminal activity;
                    (C) the extent to which State and local law 
                enforcement agencies have committed resources to--
                            (i) respond to the gang crime problem; and
                            (ii) participate in a gang enforcement 
                        team;
                    (D) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to the gang crime activities in the area; and
                    (E) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Additional Assistant U.S. Attorneys.--The Attorney General is 
authorized to hire 94 additional Assistant United States attorneys to 
carry out the provisions of this section. Each attorney hired under 
this subsection shall be assigned to a high intensity interstate gang 
activity area.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $50,000,000 for each of the fiscal years 2006 through 
        2010 to carry out subsection (b); and
            (2) $7,500,000 for each of the fiscal years 2006 through 
        2010 to carry out subsection (c).

SEC. 732. GRANTS TO STATE AND LOCAL PROSECUTORS TO COMBAT VIOLENT CRIME 
              AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862) is amended --
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) to hire additional prosecutors to--
                    ``(A) allow more cases to be prosecuted; and
                    ``(B) reduce backlogs;
            ``(6) to fund technology, equipment, and training for 
        prosecutors and law enforcement in order to increase accurate 
        identification of gang members and violent offenders, and to 
        maintain databases with such information to facilitate 
        coordination among law enforcement and prosecutors; and
            ``(7) to fund technology, equipment, and training for 
        prosecutors to increase the accurate identification and 
        successful prosecution of young violent offenders.''.
    (b) Authorization of Appropriations.--Section 31707 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is 
amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for each of 
the fiscal years 2006 through 2010 to carry out this subtitle.''.
                                 <all>