[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[Senate]
[Pages S12612-S12620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTERNATIONAL CRIME AND ANTI-TERRORISM AMENDMENTS OF 1998

  Mr. CRAIG. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of Calendar No. 677, S. 2539.
  The PRESIDING OFFICER. Without objection, the clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2539) to protect the safety of United States 
     nationals and the interests of the United States at home and 
     abroad, to improve global cooperation and responsiveness to 
     international crime and terrorism, and to more effectively 
     deter international crime and acts of violence.

  The Senate proceeded to consider the bill.
  Mr. HATCH. Mr. President, after months of review and careful 
Committee action, I am proud that the full Senate is poised to approve 
the International Crime and Anti-Terrorism Amendments of 1998. Along 
with Senators Leahy, Biden, and others, the Senate Judiciary Committee 
has undertaken a careful review of the ambitious and expansive 
international crime package developed by the administration and 
introduced by President Clinton on May 12. This proposal took the best 
ideas developed by the Department of Justice, the Customs Service, the 
Treasury Department, and other federal agencies involved in the fight 
against international crime.
  Senator Leahy and I have worked with the Department to winnow the 
bill down to 17 sections which are generally noncontroversial but would 
provide valuable assistance in the fight against international crime, 
terrorism, and drug trafficking. Potentially controversial sections 
have been shelved in an effort to broaden support for the legislation, 
and Senator Leahy supports each of the remaining 17 sections. I hope 
that next Congress we can undertake a broad review of these issues and 
confront the more difficult provisions which have been placed aside for 
the moment.
  It is clear that the world has become a smaller place, with faster 
transportation and communication, loosening of borders, and great leaps 
in transnational economic activity. But as these changes have benefited 
law-abiding citizens, they have also made it easier for criminals to 
spread their misery and destruction throughout the globe. Whether we 
talking about drug cartels, arms smugglers, terrorists, or those 
involved in economic espionage, international crime is an increasing 
threat to our national security and well-being.
  This legislation should not be seen as a comprehensive response to 
these problems, but rather as a package of moderate technical responses 
to weaknesses in current law that would make a real difference in the 
fight against international crime. Our proposal, among other things, 
improves federal laws which regulate the jurisdiction of law 
enforcement, allows exclusion of violent criminals, determines how our 
legal system deals with foreign defendants and records, and responds to 
emerging computer and financial crimes.
  On a title-by-title basis, the bill does the following:

   Title I--Investigating and Punishing Violent Crimes Against U.S. 
                            Nationals Aboard

101  Extend investigative authority to cover crimes committed against 
              U.S. nationals abroad by organized criminal groups
102  Allow federal authorities to investigate murder and attempted 
              murder of state and local officials

        Title II--Strengthening the Borders of the United States

201  Strengthen law enforcement authority to board ships

Title III--Denying Safe Haven to International Criminals and Enhancing 
                      National Security Responses

301  Allow exclusion from U.S. of persons fleeing lawful, non-political 
              prosecution
302-04  Allow exclusion of persons from U.S. involved in RICO offenses, 
              arms trafficking, drug trafficking, or alien smuggling 
              from U.S., with waiver authority to Attorney General
305  Forfeiture of proceeds of foreign crimes held in U.S.
306  Expand administrative summons authority under Bank Secrecy Act
307  Increase monetary penalties for violations of International 
              Emergency Economic Powers Act
308  Add attempt crime to Trading with the Enemy Act

      Title IV--Responding to Emerging International Crime Threats

501  Expand wiretap authority to cover computer fraud and hackers
502  Expand extraterritorial jurisdiction to cover credit card, ATM, 
              and other electronic frauds with can cause harm in U.S.

      Title V--Promoting Global Cooperation in the Fight Against 
                          International Crime

601  Authority to share proceeds from joint forfeiture actions with 
              cooperating foreign agencies
602  Changes in procedures for MLAT's (mutual legal assistance 
              treaties)

      Title VI--Streamlining the Investigation and Prosecution of 
                  International Crimes in U.S. Courts

701  Allow Attorney General to reimburse state and local governments 
              for costs incurred in assisting extraditions
702  Change Federal Rules of Evidence to ease admission of foreign 
              records
703  Bar foreign fugitives from receiving credit for time served abroad

  I appreciate the Senate's quick action on this necessary legislation, 
and I urge the House to pass this bill before we adjourn.
  Following my statement is a detailed section-by-section analysis of 
the legislation.

       International Crime and Anti-Terrorism Amendments of 1998


   title i--investigating and punishing violent crimes against u.s. 
                            nationals abroad

  Section 101. Murder and extortion against U.S. nationals abroad in 
           furtherance of organized crime (old section 1001)

       This section provides additional discretionary authority 
     for investigations and

[[Page S12613]]

     prosecutions of organized crime groups who perpetrate 
     criminal acts against U.S. nationals abroad. With the 
     expanded role of Federal law enforcement, specifically the 
     Federal Bureau of Investigations, in the investigation of 
     international organized criminal groups, additional 
     legislation is needed to counteract crimes occurring abroad. 
     Statutes now in effect are narrow and generally address these 
     kinds of issues only when they are related to international 
     terrorism matters. This provisions broadens the scope of 
     other current statutes so that they can be of assistance in 
     targeting violent criminal acts committed against U.S. 
     nationals by members of organized criminal groups. The same 
     safeguards are required that have been established in 
     statutes relating to international terrorism, i.e., such a 
     prosecution cannot be brought without the approval of the 
     Attorney General, the Deputy Attorney General, or an 
     Assistant Attorney General. In subsection (g), the statute 
     places a monetary limitation in extortion cases, and defines 
     an organized criminal group by reference to the RICO statute. 
     These limitations have been included to preclude any 
     expectation that the United States will devote resources to 
     investigate and prosecute cases which are or primarily local 
     (versus international) impact or those which the foreign 
     nation is adequately addressing.

 Section 102. Murder and serious assault of a state or local official 
                       abroad (old section 1002)

       This section provides additional discretionary authority to 
     investigate and prosecute murders and serious assaults of 
     State and local Officials that occur abroad when the State 
     and local officials are involved in a federally-sponsored 
     training or assistance program. As the United States expands 
     its efforts to fight international crime and bring peace and 
     stability to nations the world over, the role of State and 
     local officials--law enforcement, judges, and others--in 
     federally-sponsored training and other forms of assistance 
     programs is also increasing. The scope of these programs is 
     broad, and includes programs designed to bolster law 
     enforcement, promote trade and tourism, and improve 
     education. As with United States military personnel, these 
     officials may become targets of violent acts committed 
     abroad. Insofar as these officials are often involved in 
     training designed to assist a host country in improving its 
     criminal justice system or other public-sector 
     infrastructures, the host country may lack the resources and 
     skills to effectively investigate and prosecute such crimes. 
     Because these officials are acting under the auspices of the 
     Federal Government, the United States has a strong interest 
     in prosecuting those criminals who attack and kill them. As 
     with other provisions of law that allow extraterritorial 
     jurisdiction over crimes, this provision requires that the 
     Attorney General approve any prosecutions under this section.


        title ii--strengthening the borders of the united states

     Section 201. Sanctions for failure to heave to, obstructing a 
         lawful boarding, and providing false information (old 
         section 2201)
       The Coast Guard is authorized to enforce, or assist in the 
     enforcement of, all applicable federal laws on, under, and 
     over the high seas and waters subject to the jurisdiction of 
     the United States (14 U.S.C. Sec. 2). Coast Guard 
     commissioned, warrant, and petty officers are also deemed to 
     be customs officers (14 U.S.C. Sec. 143; 19 U.S.C. 
     Sec. 1401). The Coast Guard may board and examine any vessel 
     subject to the jurisdiction of the United States (14 U.S.C. 
     Sec. 89). To carry out this broad grant of authority, 
     statutory sanctions are needed against the master, operator, 
     or person in charge of a vessel who fails to obey the order 
     of a federal law enforcement officer to heave to, or who 
     otherwise obstructs the exercise of law enforcement 
     authority.
       Under existing law, a civil penalty can be imposed for 
     failure to heave to a vessel upon the command of a customs 
     officer (19 U.S.C. Sec. 1581(d)). However, the penalty only 
     applies to violations involving vessels at those places where 
     a customs officer is authorized to stop and board. In 
     addition, a criminal and civil penalty can be imposed for 
     failure to stop a vessel when hailed by a customs officer or 
     other government authority within 250 miles of the 
     territorial sea of the United States (19 U.S.C. 
     Sec. 1590(g)(8)). However, these penalties may be imposed 
     only on vessels caught with prohibited or restricted 
     merchandise. As a last resort, to compel vessels to heave to, 
     the Coast Guard is authorized, after firing warning shots, to 
     fire into and disable a vessel which has failed to stop (14 
     U.S.C. Sec. 637).
       Appropriate sanctions are required to facilitate and 
     enhance the Coast Guard's interdiction of vessels smuggling 
     contraband. The Coast Guard requires an intermediate 
     measure--short of firing into a vessel--to compel a vessel to 
     comply with a lawful order to heave to. Without such 
     sanctions drug smugglers can delay or sometimes prevent the 
     legitimate exercise of Coast Guard law enforcement boarding 
     authority.
       Such sanctions are necessary to address the following 
     scenario. The operator of a vessel fails to heave his vessel 
     to in order to delay a Coast Guard boarding. After a lengthy 
     pursuit, the vessel is finally boarded and no contraband is 
     found. Or the operator of a vessel avoids being boarded by 
     failing to heave his vessel to and fleeing; he eventually 
     enters the territorial waters of a safe haven country. In 
     either case, the vessel may have initially been carrying 
     contraband--which has been jettisoned--or may have been 
     acting as a decoy to divert Coast Guard assets away from 
     other vessels carrying contraband. The use of such tactics by 
     drug smugglers not only thwarts Coast Guard drug law 
     enforcement efforts, but diverts Coast Guard assets from 
     their other missions.
       Sanctions are also required to deter non-forcible acts of 
     obstruction during a Coast Guard boarding. While forcibly 
     obstructing a federal law enforcement officer is a crime (18 
     U.S.C. Sec. Sec. 111, 113), no statute provides penalties, 
     criminal or civil, for non-forcible acts of obstruction 
     during a Coast Guard boarding. Such penalties are needed as a 
     deterrent to prevent confrontational situations from 
     escalating from non-physical obstructions of boardings to 
     physical assaults on Coast Guard boarding officers.
       Sanctions are also required as a means to compel persons on 
     board vessels to provide truthful information regarding the 
     vessel's destination, origin, ownership, registration, 
     nationality, cargo, or crew. False information concerning a 
     vessel's nationality or registration can delay the 
     determination as to whether the United States has 
     jurisdiction over a vessel, or hinder attempts to obtain 
     consent from a foreign country for the United States to 
     exercise jurisdiction. This offers drug smugglers the 
     opportunity to jettison contraband and destroy evidence. 
     Truthful information concerning the vessel's destination, 
     origin, ownership, cargo, or crew facilitates the ability of 
     the boarding team to determine whether the vessel may be 
     engaged in drug smuggling. This information is also important 
     for the successful prosecution of drug smuggling cases.
       This section addresses these gaps in current United States 
     drug interdiction law and makes several changes to enhance 
     enforcement of federal law involving vessels. Subsection 
     (a)(1) provides that it shall be unlawful for the master, 
     operator, or person in charge of a vessel of the United 
     States, or a vessel subject to the jurisdiction of the United 
     States, to fail to obey an order to heave to that vessel on 
     being ordered to do so by an authorized federal law 
     enforcement officer. Paragraph (2) provides that it shall be 
     unlawful for any person on board a vessel of the United 
     States, or a vessel subject to the jurisdiction of the United 
     States, to: (1) fail to comply with an order of an authorized 
     federal law enforcement officer in connection with the 
     boarding of the vessel; (2) impede or obstruct a boarding or 
     arrest, or other law enforcement action authorized by any 
     federal law; or (3) provide false information to a federal 
     law enforcement officer during a boarding of a vessel 
     regarding the vessel's destination, origin, ownership, 
     registration, nationality, cargo, or crew. Nothing in this 
     section is a limitation on 18 U.S.C. Sec. 1001, which makes 
     it a crime to give a false statement to a government agent.
       Subsection (b) provides that this section does not limit in 
     any way the preexisting authority of a customs officer under 
     section 581 of the Tariff Act of 1930 or any other provision 
     of law enforced or administered by the Customs Service, or 
     the preexisting authority of any federal law enforcement 
     officer under any law of the United States to order a vessel 
     to heave to. This section is necessary to establish that this 
     statute in no way limits the potential actions of federal law 
     enforcement officers that exist under other statutes.
       Subsection (c) specifies that a foreign nation may consent 
     or waive objection to the enforcement of United States law by 
     the United States under this section in an international 
     agreement, or, on a case-by-case basis, by radio, telephone, 
     or similar oral or electronic means. Consent or waiver may be 
     proven by certification of the Secretary of State or the 
     Secretary's designee.
       Subsection (d) defines the terms used in this section, 
     including ``vessel of the United States,'' ``vessel subject 
     to the jurisdiction of the United States;'' to ``heave to;'' 
     and ``Federal law enforcement officer.''
       Subsection (e) sets forth penalties for violation of this 
     section. Any person who intentionally violates the provisions 
     of this section shall be subject to: (1) imprisonment for not 
     more than five years; and (2) a fine as provided in this 
     title.
       Subsection (f) authorizes the seizure and forfeiture of a 
     vessel that is used in violation of this section. Existing 
     customs laws and duties shall apply to such seizures and 
     forfeitures. This subsection further provides that any vessel 
     that is used in violation of this section is also liable in 
     rem for any fine or civil penalty imposed under this section. 
     This provision gives added force to the prohibitions 
     contained in the section, and provides additional incentives 
     to would-be portrunners to comply with the law.


title iii--denying safe haven to international criminals and enhancing 
                      national security responses

    Section 301. Exclusion of persons fleeing prosecution in other 
                      countries (old section 3201)

       This section will add flight to avoid lawful prosecution as 
     an additional ground of inadmissibility under the Immigration 
     and Nationality Act and designate the country seeking to 
     prosecute such individuals as the primary country of 
     deportation. This section will be triggered if the crime for 
     which prosecution is sought is a crime of moral turpitude, 
     other than a purely political offense.
       Individuals often seek refuge in the United States to avoid 
     prosecution for crimes committed in other countries. 
     Presently, if such persons are detected attempting to enter 
     the United States, the United States must either

[[Page S12614]]

     find some other basis for exclusion (e.g., having been 
     previously convicted of another crime), or embark on lengthy 
     extradition proceedings, assuming there is an applicable 
     extradition treaty, which is not always the case.
       This section will provide an independent statutory basis to 
     remove persons who enter or attempt to enter the United 
     States for the purpose of avoiding lawful prosecution in 
     another country and to return them to the country seeking 
     their prosecution unless the Attorney General, in his/her 
     discretion, determines that such return would be 
     impracticable, inadvisable, or impossible. An additional 
     ground of removal under INA section 237 is not necessary 
     because such an alien fugitive found in the United States 
     would be removable under section 237(a)(1)(A) as an alien 
     inadmissible at the time of entry or adjustment of status. 
     The provision is intended to reach situations where the 
     person flees after a warrant has been issued or in 
     anticipation of a warrant being issued. Nothing in this 
     proposed new section would alter U.S. obligations to protect 
     bona fide refugees. Persons covered by this section remain 
     eligible to apply for withholding of deportation under INA 
     section 241(b)(3), and asylum under section 208, to the 
     extent those remedies would otherwise be available.

  Section 302. Exclusion of persons involved in racketeering and arms 
                     trafficking (old section 3202)

       This section will provide for inadmissibility of any 
     individual whom a consular officer has reason to believe has 
     or is engaged in certain RICO and arms trafficking offenses, 
     or any criminal activity in a foreign country that would 
     constitute such an offense if committed in the United States, 
     regardless of whether a judgment of conviction has been 
     entered or avoided due to flight, corruption, etc. This 
     section treats serious criminals with the same standard 
     applicable to drug traffickers and will make our ability to 
     exclude aliens involved in such activities less dependent 
     upon our ability to draw inferences about a person's intent 
     to do something illicit in the United States. With only minor 
     exceptions, the RICO offenses referenced constitute crimes 
     involving moral turpitude that are already grounds for 
     exclusion under the Immigration and Nationality Act.
       The Provision includes a waiver provision that allows the 
     Attorney General to waive its applicability for offenses 
     other than aggravated felonies. This provision has been added 
     to provide the Attorney General flexibility to waive these 
     provisions in the event that there is a law enforcement, 
     humanitarian or other important national interest justifying 
     such waiver.
       A part of this section related to spouses and adult 
     children of persons in this category has been removed before 
     Committee consideration.

  Section 303. Clarification of exclusion of persons involved in drug 
                     traffickers (old section 3203)

       This section makes minor changes to the law concerning 
     exclusion of those the Attorney General or a consular officer 
     has reason to believe are or have been an illicit trafficker 
     in controlled substances.
       A part of this section related to spouses and adult 
     children of persons in this category has been removed before 
     Committee consideration.

   Section 304. Exclusion of persons involved in international alien 
                      smuggling (old section 3204)

       This section will address the problem of excluding 
     international alien smugglers where there is evidence that 
     they have assisted aliens to illegally enter countries other 
     than the United States, but not the United States. Often 
     there is a strong likelihood that such assistance was part of 
     a scheme to illegally bring such aliens into the U.S. or 
     could develop into a scheme to illegally bring such aliens 
     into the U.S., but under current law the alien providing such 
     assistance may not be excludable. This provision will allow 
     consular officers and the Immigration and Naturalization 
     Service to find such aliens ineligible for entry into the 
     U.S. when the alien should have known that the illegal entry 
     into another country would have assisted other aliens to 
     enter the U.S. in violation of law.

Section 305. Seizure of assets of persons arrested abroad (old section 
                                 4008)

       This section relates to situations where a person has been 
     arrested in a foreign country and there is a danger that 
     property subject to forfeiture in the United States in 
     connection with the foreign offenses will disappear if it is 
     not immediately restrained. In the case of foreign arrests, 
     it is possible for the property of the arrested person to be 
     transferred out of the United States before U.S. law 
     enforcement officials have received from the foreign country 
     the evidence necessary to support a finding a probable cause 
     for the seizure of the property in accordance with federal 
     law. This situation is most likely to arise in the case of 
     drug traffickers and money launderers whose bank accounts in 
     the United States may be emptied within hours of an arrest by 
     foreign authorities in the Latin America or Europe.
       To ensure that property subject to forfeiture in such cases 
     is preserved, the new provision provides for the issuance of 
     an ex parte restraining order upon the application of the 
     Attorney General and a statement that the order is needed to 
     preserve the property while evidence supporting probable 
     cause for seizure is obtained. A party whose property is 
     retrained would have a right to a post-restraint hearing in 
     accordance with Rule 65(b), Fed.R. Civ.

 Section 306. Administrative summons authority under the Bank Secrecy 
                         Act (old section 4015)

       This section will amend 31 U.S.C. Sec. 5318(b)(1) to expand 
     the situations in which an administrative summons will be 
     sufficient to obtain information from financial institutions 
     subject to the Bank Secrecy Act (BSA). At present, the 
     Secretary of the Treasury is permitted to examine information 
     maintained at financial institutions under the requirements 
     of the BSA, but is permitted to summon information or 
     individuals only ``in connection with investigations for the 
     purpose of civil enforcement of violations of'' BSA, it 
     regulations, or certain related statutes. BSA policy requires 
     the government to focus on the efficacy of compliance systems 
     rather than attempt to identify particular BSA violations. 
     Restriction of summons authority to investigations for the 
     purpose of civil enforcement of BSA violations could hamper 
     the ability of the Secretary to review the adequacy of 
     compliance systems. In addition to existing civil enforcement 
     authority, this amendment will enable the Secretary to review 
     the adequacy of BSA compliance systems. Subpoena requests 
     will remain subject to the account holder rights specified in 
     the Right to Financial Privacy Act.

   Section 307. Criminal and civil penalties under the International 
            Emergency Economic Powers Act (old section 4018)

       This provision will increase the monetary limits of the 
     civil and criminal penalty authorities provided for in the 
     International Emergency Economic Powers Act (IEEPA). IEEPA 
     currently provides for civil penalties of up to $10,000 per 
     violation of IEEPA prohibitions, and criminal penalties of up 
     to $50,000 per violation for individual and corporations, and 
     imprisonment for up to 10 years per violation by individuals 
     and participating corporate officers. These limitations no 
     longer constitute effective deterrents for flagrant or 
     willful violations of IEEPA and are significantly less than 
     the penalty limitations provided for in the Trading with the 
     Enemy Act for violations of economic sanctions imposed under 
     that statute. The ineffectiveness of the civil penalty cap is 
     particularly apparent in situations where the IEEPA violation 
     relates to transactions (and profits) valued at many times 
     the maximum penalty amount. This section will raise the IEEPA 
     civil penalty authority to $50,000 per violation, and raise 
     the criminal penalty monetary limits to $250,000 per 
     violation for individuals and participating corporate 
     officers, as is provided for criminal offenses generally in 
     18 United States code Sec. 3571(b)(3), and $1 million per 
     violation for corporations.

  Section 308. Attempted violations of the Trading With the Enemy Act 
                           (old section 4019)

       This section will amend the Trading with the Enemy Act 
     (TWEA) to provide that criminal and civil penalties may be 
     imposed not only against any person who violates a license, 
     order, or regulation issued under TWEA, but also against a 
     person who attempts to violate such a license, order, or 
     regulation. last year, Congress added an ``attempt'' 
     provision to the International Emergency Economic Powers Act 
     (IEEPA), but did not add a similar provision to its companion 
     statute, TWEA. TWEA lacks an attempt provision similar to 
     those found in other export administration statutes, for 
     example, the Export Administration Act. Recent executive 
     orders imposing economic sanctions and regulations 
     implementing such orders typically include language 
     prohibiting attempted violations. Current case law in the 
     federal circuit courts of appeal supports promulgation of 
     regulations prohibiting attempts to violate statutes not 
     explicitly containing attempt language. In spite of these 
     factors, the absence of an attempt provision in TWEA makes 
     prosecution of attempted violations more problematic. to 
     clarify existing law and to insulate prosecutions of 
     attempted violations from any possibility of attack based on 
     the scope of the President's authority, these amendments 
     expressly prohibit attempts to violate TWEA.


      title iv--responding to emerging international crime threats

   Section 401. Enhanced authority to investigate computer fraud and 
             attacks on computer systems (old section 5101)

       This section would add certain violations relating to 
     computer crime to the list of serious criminal activity for 
     which 18 U.S.C. Sec. 2516 permits court authorized 
     interception of wire, oral, and electronic communications 
     when the rigorous requirements of chapter 119 (including 
     section 2516) are met. Violations of 18 U.S.C. Sec. 1030 can 
     include computer fraud and attacks on computer systems, such 
     as those controlling the public telecommunications networks, 
     air traffic control, and the electric power network. In 
     computer attack cases, since the evidence of the crime may 
     lie largely in cyberspace, interceptions of wire and 
     electronic communications may be the primary or only 
     available avenue of investigation. Moreover, in computer 
     cases where the activities originate from a business or 
     university, voicetaps may be the only way to complete the 
     identification of the criminal actually using the terminal 
     involved. The statute limits wiretap authority to 
     investigation of felony offenses.

   Section 402. Jurisdiction over certain financial crimes committed 
                       abroad (old section 5102)

       This section clarifies the extraterritorial jurisdiction of 
     18 U.S.C. Sec. 1029 (access device

[[Page S12615]]

     fraud). It expressly recognizes United States jurisdiction 
     over access device fraud--including credit card fraud, debit 
     card fraud and telecommunications fraud--in cases where the 
     fraud causes an effect on an entity within the jurisdiction 
     of the United States, even if the defendant has never 
     physically entered the United States. Such a clarification is 
     of great importance to the United States' ability to protect 
     its financial system. The modern financial system relies 
     substantially on access devices to access and utilize a vast 
     array of accounts and systems, including credit and debit 
     card accounts, accounts in banks and other financial 
     institutions, electronic funds, and telecommunications 
     systems. Increasingly, U.S. financial, corporate and 
     government entities have implemented access device payment 
     systems to conduct transactions reaching billions of dollars 
     per day. The dramatic increase in electronic and computerized 
     access to such systems from outside the United States has 
     enhanced the vulnerabilities of these systems to criminal 
     activities internationally. By recognizing that the United 
     States has the authority to protect its access device systems 
     against both foreign and domestic threats, this section 
     ensures the security and integrity of United States based 
     payment systems in the same way that 18 U.S.C. Sec. 470 
     ensures the integrity of United States currency. Together, 
     this section and 18 U.S.C. Sec. 470 will enhance the United 
     States' ability to protect its financial system and combat 
     transnational financial crimes that target that system.


      title v--promoting global cooperation in the fight against 
                          international crime

   Section 501. Sharing proceeds of joint forfeiture operations with 
            cooperating foreign agencies (old section 6001)

       This proposal provides for expansion of the authorization 
     to share forfeited property with foreign governments that 
     cooperate in federal forfeitures. It was Section 406 of the 
     ``Forfeiture Act of 1996'' which has been previously 
     submitted to Congress. Section 981(i) of Title 18, U.S. Code, 
     authorizes the sharing of forfeited property with foreign 
     governments in certain circumstances. It currently applies to 
     all civil and criminal forfeitures under 18 U.S.C. 
     Sec. Sec. 981, 982, which are the forfeiture statutes for 
     most federal offenses in Title 18. Older parallel provisions 
     applicable only to drug cases and Customs cases appear in 21 
     U.S.C. Sec. 881(e)(1)(E) and 19 U.S.C. Sec. 1616a(c)(2), 
     respectively.
       The amendment simply extends the existing sharing authority 
     to all other criminal and civil forfeitures, including those 
     undertaken pursuant to RICO, the Immigration and 
     Naturalization Act, the antipornography and gambling laws, 
     and other statutes throughout the United States Code. Because 
     the amendment makes the parallel provisions in the drug and 
     customs statutes unnecessary, Section 881(e) is amended to 
     remove the redundancy.

Section 502. Streamlined procedures for execution of MLAT requests (old 
                             section 6002)

       This section expands the authority of U.S. district courts 
     to execute, or order execution of, foreign requests for 
     assistance in criminal matters made pursuant to mutual legal 
     assistance treaties (MLATs), conventions, and executive 
     agreements such as an ``antitrust mutual assistance 
     agreement'' (see, e.g., 15 U.S.C. Sec. 6201 et seq.). This 
     section applies only when the execution of such a request 
     requires or appears to require the use of compulsory measures 
     in more than one district. On such occasions, this section 
     permits a judge or judge magistrate in any district involved 
     in a multidistrict execution, or in the District of Columbia, 
     to execute the entire request.
       The U.S. generally relies on 28 U.S.C. Sec. 1782--which 
     authorizes the practice of appointing a ``commissioner'' to 
     execute a foreign request for assistance--to provide the 
     framework for executing foreign requests for assistance, 
     whether made by letter rogatory, letter of request, request 
     pursuant to an MLAT, or other similar form of request. 
     Section 1782 calls for execution of the foreign request in 
     the district where the witness resides or is found, or where 
     the evidence is located. Consequently, the Attorney General--
     the authority to whom foreign requests in criminal matters 
     are generally sent for execution--often transmits the same 
     request to each district in which a witness or evidence may 
     be located for execution of that portion directly connected 
     to the district.
       This practice of transmitting a request to each and every 
     district in which assistance requested may be found is 
     inefficient and prone to creating delay. A majority of 
     requests entail execution in multiple districts. Execution of 
     a multiple district request requires substantial coordination 
     by U.S. authorities (e.g., often documents located in 
     different districts must be produced and analyzed before 
     testimony from witnesses located in other districts can be 
     profitably taken) and duplication of efforts by U.S. 
     authorities (e.g., a judge or magistrate judge, prosecutor, 
     and assisting agent or agents in each district must become 
     familiar with and involved in executing the same request). In 
     addition to the profligate expenditure of U.S. resources, the 
     practice often results in delay, rendering the U.S. unable to 
     provide foreign law enforcement authorities, and especially 
     foreign treaty partners, with the level of service that the 
     U.S. would like to receive with respect to U.S. requests. 
     Another problem often encountered with multidistrict requests 
     is that a U.S. Attorney's Office designated to execute a 
     portion of a request is unable to devote the necessary 
     resources at the time requested. If timing is critical, and 
     it often is, execution of the request in a district involved 
     in another aspect of the execution, or in the District of 
     Columbia, is a reasonable solution.
       This proposal provides an alternative to the current 
     practice of executing foreign requests for assistance only in 
     each and every district in which a witness or evidence is 
     located. Placing authority in a U.S. district court for a 
     district otherwise involved in the execution of a 
     multidistrict request, or in the U.S. District Court for the 
     District of Columbia, should dramatically improve: (1) the 
     efficient use of U.S. resources to execute foreign requests 
     that involve multiple districts, and (2) the execution of 
     requests involving multiple districts in a timely manner.
       Providing the U.S. District Court for the District of 
     Columbia as an alternative venue also permits the Attorney 
     General, with requests that require substantial allocation of 
     resources or coordination, to provide attorneys to undertake 
     execution in the District of Columbia in conjunction with the 
     United States Attorney's Office for the District of Columbia.
       Finally, this proposal recognizes that executing foreign 
     requests in criminal matters by requiring witnesses to appear 
     in different districts from those in which they are located 
     may create some hardships for witnesses, just as it does in 
     domestic criminal investigations and prosecutions where the 
     U.S. prosecutor subpoenas witnesses to appear anywhere in the 
     U.S. (i.e., where in the U.S. the investigation or 
     prosecution is taking place). This proposal contemplates the 
     same possibility of travel to comply with a commissioner's 
     order as in a domestic criminal investigation or prosecution; 
     however, it provides a procedure to balance the hardship 
     against the exigencies of the request. Upon notice to either 
     the court or the commissioner executing the request, the 
     court will decide whether to transfer execution involving the 
     complaining witness to that witness' district by balancing 
     the (1) inconvenience to the witness against the (2) negative 
     impact upon execution of the request.


      TITLE VI--STREAMLINING THE INVESTIGATION AND PROSECUTION OF 
                  INTERNATIONAL CRIMES IN U.S. COURTS

Section 601. Reimbursement of state and local law enforcement agencies 
            in international crime cases (old section 7001)

       This proposal authorizes the Attorney General to designate 
     funds to defray unusual expenses incurred by state and local 
     jurisdictions in international extradition cases, including 
     the costs of transporting the fugitive back to the United 
     States and the cost of translating the extradition documents 
     into the language of the foreign state.
       State and local prosecutors are sometimes forced to abandon 
     efforts to extradite serious offenders who have fled abroad 
     because the prosecutors lack the resources to pay the cost of 
     international extradition. Because extradition in cases 
     involving violent offenders or career criminals is a national 
     priority, this provision would authorize the Attorney General 
     to allocate funds to pay the costs of such extraditions in 
     serious cases if the state or local authorities certify that 
     the financial assistance is needed. The Marshals Service 
     spent about $900,000 last year transporting federal fugitives 
     back to the U.S., and it estimates that transportation of all 
     state and local fugitives could cost twice that amount. The 
     Marshals Service currently retrieves fugitives from abroad 
     for state and local jurisdictions, on a reimbursable basis.
       This provision is not intended to shift the entire 
     financial burden that may be involved in international cases 
     from states and localities to the federal government. Rather, 
     it provides authority to assist state and localities in 
     meeting extraordinary expenses that could not reasonably be 
     anticipated in the local jurisdiction's ordinary budget 
     process.

 Section 602. Facilitating the admission of foreign records in United 
                    States courts (old section 7002)

       This section provides a statutory basis to authenticate and 
     admit into evidence, in federal judicial proceedings, 
     foreign-based records of regularly conducted activity 
     obtained pursuant to official requests. The section expands 
     the extant statutory basis with respect to foreign business 
     records, making records produced in accordance with the 
     statute admissible to civil proceedings (whereas the statute 
     currently authorizes admission only in criminal proceedings). 
     The section also provides an independent statutory basis for 
     foreign official records, treating official records produced 
     in accordance with the statute as admissible in a fashion 
     similar to foreign business records. The section continues to 
     incorporate elements of the Federal Rules of Evidence, 
     especially Rule 803(6), that ensure the reliability of the 
     foreign records and maintains the requirement of a foreign 
     certification or similar certification provided by treaty, 
     convention, or agreement.
       To make foreign business records admissible in a civil 
     proceeding under Federal Rules of Evidence 803(6) and 
     901(a)(1), a foreign custodian or other qualified witness 
     must give testimony, either by appearing at a proceeding in 
     the U.S. or by providing a deposition taken abroad and 
     introduced at the U.S. proceeding, which testimony or 
     deposition establishes that the foreign business records are 
     authentic (901(a)(1)) and reliable (Rule 803(6)). The United 
     States has no means by which to compel the attendance of a 
     foreign

[[Page S12616]]

     custodian or other qualified foreign witness at a U.S. 
     proceeding to testify. Thus, to adduce the requisite 
     testimony, U.S. authorities must (1) rely on the prospective 
     witness' willingness to voluntarily appear (which is rare and 
     subject to vicissitude) or (2) attempt to depose the witness 
     abroad. The latter process is unduly cumbersome and not 
     available in many situations (e.g., in matters involving tax 
     administration pursuant to tax treaties or agreements). This 
     section provides a streamlined process for making foreign 
     business records admissible without having to rely on the 
     unpredictability of a foreign witness' voluntary travel to 
     the U.S. or the unpredictable and cumbersome process of 
     deposing the witness abroad.
       Foreign official records include records of birth, vehicle 
     registry, property transfer and liens, foreign business 
     incorporation, and the like. Such records are routinely kept 
     in much the same manner as business records. This section 
     authorizes a single certification for both self-
     authentication and foundation for an exception to the hearsay 
     rule similar to that currently available for foreign business 
     records. It, likewise, will streamline the process of 
     securing documents admissible in U.S. judicial proceedings 
     while, at the same time, maintaining assurances of 
     reliability.

 Section 603. Prohibiting fugitives from benefitting from time served 
                       abroad (old section 7004)

       This proposal is designed so that defendants who become 
     fugitives either by fleeing the United States, or by 
     remaining outside the United States (in the event they are 
     sought based on an assertion of extraterritorial 
     jurisdiction), in order to avoid trial and punishment do not 
     inappropriately benefit from their actions. Because U.S. 
     prison time is now credited to fugitives after their return 
     to the U.S. for the time during which fugitives pursue 
     tactics in foreign countries designed to delay their return 
     and trial in the United States, the current law unwittingly 
     encourages fugitives to file every frivolous challenge to 
     their rendition which is available, in order to delay the 
     case and perhaps weaken the prosecution's case. This proposal 
     is needed because the time consuming and complex nature of 
     the international extradition process which involves foreign 
     sovereigns, foreign legal laws and processes, and foreign 
     languages, typically creates substantially longer delays than 
     the delays that occur in the comparable domestic situation. 
     Nationwide Federal jurisdiction and interstate compacts 
     typically result in the swift rendition of interstate 
     fugitives.

  Mr. LEAHY. Mr. President, I am pleased to have been able to work with 
the Senator from Utah to gain passage of this important legislation, 
the Improvements to International Crime and Anti-Terrorism Amendments 
of 1998. It will give United States law enforcement agencies important 
tools to help them combat international crime.
  Unfortunately, recent incidents have made amply clear that crime and 
terrorism directed at Americans and American interests abroad are part 
of our modern reality. The bombings of U.S. embassies in Kenya and 
Tanzania are just the most recent reminders of how vulnerable American 
citizens and interests are to terrorist attacks. In a shockingly brutal 
attack, more than 250 men, women and children, were murdered in cold 
blood. Among those 250 victims were 12 of our fellow citizens.
  With improvements in technology, criminals now can move about the 
world with ease. They can transfer funds with a push of a button, or 
use computers and credit card numbers to steal from American citizens 
and businesses from any spot on the globe. They can strike at Americans 
here and abroad. The playing field keeps changing, and we need to 
change with it.
  This bill does exactly that, not with sweeping changes but with 
thoughtful provisions carefully targeted at specific problems faced by 
law enforcement. The bill gives tools and protection to investigators 
and prosecutors, while narrowing the room for maneuver that 
international criminals and terrorists now enjoy.
  I initially introduced certain provisions of this bill on April 30, 
1998, in the Money Laundering Enforcement and Combating Drugs in 
Prisons Act of 1998, S. 2011, with Senators Daschle, Kohl, Feinstein, 
and Cleland. Again, on July 14, 1998, I introduced with Senator Biden, 
on behalf of the Administration, the International Crime Control Act of 
1998, S. 2303, which contains many of the provisions set forth in this 
bill. Virtually all of the provisions in the bill were included in 
another major anti-crime bill, the ``Safe Schools, Safe Streets, and 
Secure Borders Act of 1998,'' that I introduced on September 16, 1998, 
along with Senators Daschle, Biden, Moseley-Braun, Kennedy, Kerry, 
Lautenberg, Mikulski, Bingaman, Reid, Murray, Dorgan, and Torricelli.
  We have drawn from these more comprehensive bills a set of discrete 
improvements that enjoy bipartisan support so that important provisions 
may be enacted promptly. Each of these provisions has been a law 
enforcement priority.
  The bill would provide discretionary authority for investigations and 
prosecutions of organized crime groups that kill or threaten violence 
against Americans abroad, when in the view of the Attorney General, the 
organized crime group was trying to further its objectives. This should 
not be viewed as an invitation for American law enforcement officers to 
start investigating organized crime around the world, but when such 
groups are targeting Americans abroad for physical violence and the 
Attorney General believes it is necessary, we must act.
  In addition, the bill would expand current law to criminalize murder 
and other serious crimes committed against state and local officials 
who are working abroad with federal authorities on joint projects or 
operations. The penalties for murder against such state or local 
officials, who are acting abroad under the auspices of the federal 
government, are the same as for federal officers, under section 1119 of 
title 18, United States Code, and would therefore authorize imposition 
of the death penalty. While I oppose the death penalty, there is no 
reason to distinguish the penalties for murder of federal versus non-
federal officials, who are both acting under the auspices of the 
Federal Government.
  Also, the authority of the Attorney General to bring such 
prosecutions is limited so as not to interfere with the criminal 
jurisdiction of the foreign nation where the murder occurred. Thus, I 
would expect this authority to be exercised only in the rare 
circumstance in which the Attorney General believes the foreign country 
is not adequately addressing the crime.
  The bill contains provisions to protect our maritime borders by 
providing realistic sanctions for vessels that fail to ``heave to'' or 
otherwise obstruct the Coast Guard. No longer will drug-runners be able 
to stall or resist Coast Guard commands with impunity. The additional 
sanctions for resisting ``heave to'' orders and for lying to law 
enforcement officers about a boat's destination, origin and other 
pertinent matters, will help the Coast Guard in its efforts to 
interdict illegal drugs and other contraband.
  The bill also provides specific authority to exclude from entry into 
our country international criminals and terrorists, including those 
engaged in flight to avoid foreign prosecution, alien smuggling, or 
arms or drug trafficking under specific circumstances. At the same 
time, we ensure that the Attorney General has full authority to make 
exceptions for humanitarian and similar reasons.
  The bill includes important money laundering provisions strongly 
supported by law enforcement. At a recent Judiciary Committee hearing 
on anti-terrorism, FBI Director Louis Freeh noted the importance of 
money laundering laws as a tool in stopping not only international drug 
kingpins, but also international terrorists, such as Usama bin Laden, 
the multi-millionaire terrorist who has been linked to the recent 
embassy bombings.
  The bill has two important provisions aimed at computer crimes: it 
provides expanded wiretap authority, subject to court order, to cover 
computer crimes, and also gives us extraterritorial jurisdiction over 
access device fraud, such as stealing telephone credit card numbers, 
where the victim of the fraud is within our borders.
  We cannot stop international crime without international cooperation, 
however. This bill facilitates such cooperation by allowing our country 
to share the proceeds of joint forfeiture operations, to encourage 
participation by foreign countries. It streamlines procedures for 
executing MLAT requests that apply to multiple judicial districts. 
Furthermore, the bill addresses the essential but often overlooked role 
of state and local law enforcement in combating international crime, 
and authorizes reimbursement of state and local authorities for their 
cooperation in international crime cases. The bill helps our 
prosecutors in international crime cases by facilitating the admission 
of foreign records in U.S. courts. Finally, it will speed the wheels of 
justice by prohibiting international criminals from being credited

[[Page S12617]]

with any time they serve abroad while they fight extradition to face 
charges in our country.
  These are important provisions that I have advocated for some time. 
They are helpful, solid law enforcement provisions. I thank my friend 
from Utah, Senator Hatch, for his help in making this bill a reality. 
Working together, we were able to craft a bipartisan bill that will 
accomplish what all of us want, to make America a safer and more secure 
place.
  Finally, I would like to address the encryption amendment that 
Senator Kyl offered and then withdrew during Committee consideration of 
this bill. This amendment would have criminalized the use of encryption 
in the commission of any federal felony.
  Unlike analogous provisions incorporated into pending encryption 
bills, the Kyl amendment was not limited in any way to the criminal use 
of encryption ``for the purpose of avoiding detection by law 
enforcement agencies or prosecution'', as reflected in the SAFE bill, 
H.R. 695, or ``with the intent to conceal that communication or 
information for the purpose of avoiding detection by a law enforcement 
agency or prosecutor,'' as reflected in the Ashcroft-Leahy E-PRIVACY 
bill, S. 2067. The scope of the offered Kyl amendment raised concerns 
about inviting government over-reaching. There is no requirement in the 
amendment, for example, that a conviction for use of encryption be 
predicated on a conviction of any underlying criminal offense.
  Moreover, were this amendment to become law, it could chill even the 
routine use of encryption in the course of every day business, such as 
communications between clients and lawyers or accountants, since the 
mere use of encryption could result in exposure to substantial criminal 
penalties of up to five years in prison.

  In addition, as I noted during the committee's discussion of the 
amendment, the definition of encryption in the offered Kyl amendment 
varied greatly from definitions used in pending legislation, including 
bills I have introduced and cosponsored, that have been thoroughly 
vetted with encryption and other technical exports. The Kyl amendment 
definition of ``encryption'' is drafted so broadly that it could apply 
to any transformation of analog to digital communications, without any 
use of mathematical algorithms commonly associated with encryption. We 
can and should do better if we are going to add a definition of this 
highly technical operation to the criminal code for the first time.
  I appreciate the chairman's efforts, and Senator Kyl's willingness, 
to address this issue in a considered fashion in the next Congress.
  As a former prosecutor, I have long been concerned about helping law 
enforcement have the tools necessary to deal with changing 
technologies, and at the same time provide procedural safeguards to 
protect privacy and other important constitutional rights of American 
citizens. That is why I sponsored, among other laws, the Electronic 
Communications Privacy Act in 1986 and the Communications Assistance 
for Law Enforcement Act in 1994, and worked with Senator Kyl and 
Chairman Hatch on passage of the National Information Infrastructure 
Protection Act in 1996 and, most recently, on identity theft 
legislation.
  When it comes to encryption, I fully appreciate the challenge such 
technology poses for law enforcement officers, who may increasingly 
find that the communications they capture during court authorized 
electronic surveillance is unintelligible because it is scrambled with 
encryption technology. In the last Congress, I introduced legislation, 
S. 1587, that contained a provision to criminalize the use of 
encryption to obstruct justice. Again, in this Congress, I have 
introduced a bill with such a provision, S. 376, and cosponsored with 
Senator Ashcroft yet another bill, S. 2067, that contains a criminal 
penalty for the willful use of encryption to conceal incriminating 
communications or information. Thus, taking the step of creating a new 
crime to address the criminal use of encryption is not a new idea to 
me.
  I remain frustrated that sound encryption legislation was not enacted 
this year, particularly since this technology is such an effective 
crime prevention tool. The longer we go without addressing encryption 
policy in a comprehensive fashion, the longer our computer information, 
networks and critical infrastructures remain vulnerable to cyber-
attacks and theft.
  I encourage the FBI to continue working with industry to try to 
define some cooperative efforts to facilitate court ordered access to 
encrypted files and communications. But the job of Congress is to 
ensure that procedural safeguards are in place to guide such 
cooperation in ways that comport with our Constitution. I look forward 
to working with Senator Kyl, as we have successfully in the past on 
technology issues, and with other members, on comprehensive encryption 
legislation that addresses both the criminal use of encryption as well 
as policy changes to promote the widespread use of encryption as a 
shield against cyber-crime.


                  criminalizing the use of encryption

  Mr. KYL. Mr. President, I am concerned over our inability to advance 
good policy on encryption this Congress. The Senate has held many 
hearings on encryption, and there have been a number of bills 
introduced, with nothing concrete to show for it. What these bills have 
in common is an approach that would fold all aspects of national policy 
on encryption into one legislative vehicle. That has been a recipe for 
gridlock.
  Meanwhile, terrorist and criminals and drug lords are increasingly 
using encryption to hide their acts from law enforcement investigators. 
This already serious problem will continue to worsen unless we find 
some way to level the playing field.
  In committee, I offered an amendment I believed to be 
noncontroversial. It would criminalize the use of encryption in 
furtherance of a crime. It echoes language that appeared in each and 
every encryption bill introduced this Congress. And yet, it was 
rejected by some Members because it did not address other aspects of 
encryption policy. We need to get beyond this all-or-nothing approach.
  Mr. HATCH. I am generally supportive of the concept embodied in the 
amendment offered by the Senator from Arizona which was discussed in 
committee, and I regret that it was not possible to work out acceptable 
language to include in this bill. Next Congress, I believe the 
Judiciary Committee should take up the challenge of reviewing this 
Nation's encryption policies and ensure that law enforcement agencies 
can continue to fulfill their critical responsibilities. This review 
will include a hearing to consider the FBI's proposed Technical Support 
Center, in order to evaluate its potential for solving some of law 
enforcement's access concerns. I pledge my support to help enact 
legislation to address the use of encryption in furtherance of a 
felony.
  Mr. CRAIG. Mr. President, I ask unanimous consent the bill be 
considered read a third time and passed, the motion to reconsider be 
laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2539) was read the third time and passed as follows:

                                S. 2536

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

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

Sec. 101. Murder and extortion against United States nationals abroad 
              in furtherance of organized crime.
Sec. 102. Murder or serious assault of a State or local official 
              abroad.

        TITLE II--STRENGTHENING THE BORDERS OF THE UNITED STATES

Sec. 201. Sanctions for failure to heave to, obstructing a lawful 
              boarding, and providing false information.

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

Sec. 301. Inadmissibility of persons fleeing prosecution in other 
              countries.
Sec. 302. Inadmissibility of persons involved in racketeering and arms 
              trafficking.

[[Page S12618]]

Sec. 303. Clarification of inadmissibility of persons who have 
              benefited from illicit activities of drug traffickers.
Sec. 304. Inadmissibility of persons involved in international alien 
              smuggling.
Sec. 305. Seizure of assets of persons arrested abroad.
Sec. 306. Administrative summons authority under the Bank Secrecy Act.
Sec. 307. Criminal and civil penalties under the International 
              Emergency Economic Powers Act.
Sec. 308. Attempted violations of the Trading With the Enemy Act.

      TITLE IV--RESPONDING TO EMERGING INTERNATIONAL CRIME THREATS

Sec. 401. Enhanced authority to investigate computer fraud and attacks 
              on computer systems.
Sec. 402. Jurisdiction over certain financial crimes committed abroad.

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

Sec. 501. Sharing proceeds of joint forfeiture operations with 
              cooperating foreign agencies.
Sec. 502. Streamlined procedures for execution of MLAT requests.

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

Sec. 601. Reimbursement of State and local law enforcement agencies in 
              international crime cases.
Sec. 602. Facilitating the admission of foreign records in United 
              States courts.
Sec. 603. Prohibiting fugitives from benefiting from time served 
              abroad.
  TITLE I--INVESTIGATING AND PUNISHING VIOLENT CRIMES AGAINST UNITED 
                        STATES NATIONALS ABROAD

     SEC. 101. MURDER AND EXTORTION AGAINST UNITED STATES 
                   NATIONALS ABROAD IN FURTHERANCE OF ORGANIZED 
                   CRIME.

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

     SEC. 102. MURDER OR SERIOUS ASSAULT OF A STATE OR LOCAL 
                   OFFICIAL ABROAD.

       (a) In General.--Chapter 51 of title 18, United States 
     Code, is amended by adding at the end the following:

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

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

``1123. Murder or serious assault of a State or local law enforcement, 
              judicial, or other official abroad.''.
        TITLE II--STRENGTHENING THE BORDERS OF THE UNITED STATES

     SEC. 201. SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTING A 
                   LAWFUL BOARDING, AND PROVIDING FALSE 
                   INFORMATION.

       (a) In General.--Chapter 109 of title 18, United States 
     Code, is amended by adding at the end the following:

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

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

[[Page S12619]]

       ``(C) Execution of duties by officers and agents.--Any duty 
     that is imposed upon a customs officer or any other person 
     with respect to the seizure and forfeiture of property under 
     the customs laws shall be performed with respect to a seizure 
     or forfeiture of property under this section by the officer, 
     agent, or other person that is authorized or designated for 
     that purpose.
       ``(3) In rem liability.--A vessel that is used in violation 
     of this section shall, in addition to any other liability 
     prescribed under this subsection, be liable in rem for any 
     fine or civil penalty imposed under this section.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 109 of title 18, United States Code, is amended by 
     adding at the end the following:

``2237. Sanctions for failure to heave to; sanctions for obstruction of 
              boarding or providing false information.''.
TITLE III--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS AND ENHANCING 
                      NATIONAL SECURITY RESPONSES

     SEC. 301. INADMISSIBILITY OF PERSONS FLEEING PROSECUTION IN 
                   OTHER COUNTRIES.

       (a) New Grounds of Inadmissibility.--Section 212(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
     amended by adding at the end the following:
       ``(G) Unlawful flight to avoid prosecution.--Any alien who 
     is coming to the United States solely, principally, or 
     incidentally to avoid lawful prosecution in a foreign country 
     for a crime involving moral turpitude (other than a purely 
     political offense) is inadmissible.''.
       (b) Countries to Which Aliens May Be Removed.--Section 
     241(b) of the Immigration and Nationality Act (8 U.S.C. 
     1231(b)) is amended--
       (1) in paragraph (3)(A), by striking ``(1) and (2)'' and 
     inserting ``(1), (2), and (4)''; and
       (2) by adding at the end the following:
       ``(4) Aliens sought for prosecution.--Notwithstanding 
     paragraphs (1) and (2) of this subsection, any alien who is 
     found removable under section 212(a)(2)(G) (or section 
     212(a)(2)(G) as applied pursuant to section 237(a)(1)(A)), 
     shall be removed to the country seeking prosecution of that 
     alien unless, in the discretion of the Attorney General, the 
     removal is determined to be impracticable, inadvisable, or 
     impossible. In that case, removal shall be directed according 
     to paragraphs (1) and (2) of this subsection.''.

     SEC. 302. INADMISSIBILITY OF PERSONS INVOLVED IN RACKETEERING 
                   AND ARMS TRAFFICKING.

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

     SEC. 303. CLARIFICATION OF INADMISSIBILITY OF PERSONS WHO 
                   HAVE BENEFITED FROM ILLICIT ACTIVITIES OF DRUG 
                   TRAFFICKERS.

       Section 212(a)(2)(C) of the Immigration and Nationality Act 
     (8 U.S.C. 1182 (a)(2)(C)) is amended to read as follows:
       ``(C) Controlled substance traffickers.--Any alien is 
     inadmissible if the consular officer or the Attorney General 
     knows or has reason to believe that the alien is or has been 
     an illicit trafficker in any controlled substance or in any 
     listed chemical or listed precursor chemical (as defined in 
     section 102 of the Controlled Substances Act (21 U.S.C. 
     802)), or is or has been a knowing assister, abettor, 
     conspirator, or colluder with others in the illicit 
     trafficking in any such controlled or listed substance or 
     chemical.''.

     SEC. 304. INADMISSIBILITY OF PERSONS INVOLVED IN 
                   INTERNATIONAL ALIEN SMUGGLING.

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

     SEC. 305. SEIZURE OF ASSETS OF PERSONS ARRESTED ABROAD.

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

     SEC. 306. ADMINISTRATIVE SUMMONS AUTHORITY UNDER THE BANK 
                   SECRECY ACT.

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

     SEC. 307. CRIMINAL AND CIVIL PENALTIES UNDER THE 
                   INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.

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

     SEC. 308. ATTEMPTED VIOLATIONS OF THE TRADING WITH THE ENEMY 
                   ACT.

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

     SEC. 401. ENHANCED AUTHORITY TO INVESTIGATE COMPUTER FRAUD 
                   AND ATTACKS ON COMPUTER SYSTEMS.

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

     SEC. 402. JURISDICTION OVER CERTAIN FINANCIAL CRIMES 
                   COMMITTED ABROAD.

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

[[Page S12620]]

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

     SEC. 501. SHARING PROCEEDS OF JOINT FORFEITURE OPERATIONS 
                   WITH COOPERATING FOREIGN AGENCIES.

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

     SEC. 502. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT 
                   REQUESTS.

       (a) In General.--Chapter 117 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1790. Assistance to foreign authorities

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

``1790. Assistance to foreign authorities.''.
      TITLE VI--STREAMLINING THE INVESTIGATION AND PROSECUTION OF 
              INTERNATIONAL CRIMES IN UNITED STATES COURTS

     SEC. 601. REIMBURSEMENT OF STATE AND LOCAL LAW ENFORCEMENT 
                   AGENCIES IN INTERNATIONAL CRIME CASES.

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

     SEC. 602. FACILITATING THE ADMISSION OF FOREIGN RECORDS IN 
                   UNITED STATES COURTS.

       (a) In General.--Chapter 163 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2466. Foreign records

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

``2466. Foreign records.''.

     SEC. 603. PROHIBITING FUGITIVES FROM BENEFITING FROM TIME 
                   SERVED ABROAD.

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

                          ____________________