[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.''.
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