[Congressional Record Volume 145, Number 8 (Tuesday, January 19, 1999)]
[Senate]
[Pages S348-S365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Abraham, Mr. Ashcroft, Mr. 
        Grassley, Mr. Hatch, Mr. Lott, Mr. Coverdell, and Mr. McCain):
  S. 5. A bill to reduce the transportation and distribution of illegal 
drugs and to strengthen domestic demand reduction, and for other 
purposes; to the Committee on the Judiciary.


                         drug free century act

  Mr. DeWINE.  Mr. President, it is an honor for me, today, to be 
introducing the Drug Free Century Act. This bill is cosponsored by 
Senator Abraham, Senator Ashcroft, Senator Coverdell, Senator Craig, 
the chairman of the Judiciary Committee, Senator Hatch, and the 
chairman of the Caucus on International Narcotics Control, Senator 
Grassley. This legislation is truly a team effort. There are over a 
dozen Members of the Senate who have worked very extensively on this 
bill and I appreciate very much their work. This is really a team 
effort. This bill is a comprehensive approach to our antidrug effort, 
and it really is a continuation of the great work that was begun by 
Congress last year.
  This legislation represents the continuation of those efforts that we 
began last year, a continuation of the efforts to reverse the dangerous 
trend of rising drug use in our country, particularly among our young 
people. According to data prepared as part of the Monitoring the Future 
Program funded by the National Institute on Drug Abuse, from 1992 to 
1997 we saw an 80-percent increase in cocaine use among high school 
seniors, and a 100-percent increase in heroin use among high school 
seniors.
  Other very serious trends related to drug use highlight the problems 
that have increased over the course of the last decade. Drug abuse 
related arrests for minors doubled between 1992 and 1996. Emergency 
room admissions related to heroin jumped 58 percent between 1992 and 
1995. And, in the first half of 1995, methamphetamine related emergency 
room admissions were 321 percent higher compared to the first half of 
1991.
  This increase in drug use and criminal activity virtually wiped out 
the gains made in the previous decade. Just in the 4 years prior to 
1992, the Office of National Drug Control Policy--the drug czar's 
office--reported a 25-percent reduction in overall drug use by 
adolescent Americans, and a 35-percent reduction in overall drug use.
  Last year, Congressman Bill McCollum and I and other Members of the 
Senate and House took a close look at why our increasing investment in 
antidrug programs was not resulting in a decline in drug use among 
young people. One immediate problem that we found was a clear decline 
in resources and manpower devoted to reducing illegal drug imports by 
our Customs Service, the Coast Guard, and the Defense Department. In 
other words, our drug interdiction effort had been falling farther and 
farther behind. It had become less and less a percentage, a smaller 
percentage of our budget year after year.
  As we all know, reducing drug use is a team effort at all levels of 
government: the Federal Government, the State government, the local 
government. However, international drug reduction, seizing or 
disrupting the flow of drugs before these drugs reach our country, is 
solely our responsibility. It is solely the Federal Government's 
responsibility. Over a 5-year period beginning in 1993, the Federal 
Government solely abdicated this responsibility. Fewer and fewer 
resources and man-hours were devoted to stopping drugs at the source or 
stopping them in transit. As a result, the volume of drugs coming into 
our country has never been higher, making illegal drugs too easy to 
find and too easy to buy.
  To reverse this trend and to correct the imbalance, Congressman 
McCollum and I last year led a bipartisan, bicameral effort to pass the 
Western Hemisphere Drug Elimination Act. We passed it and the President 
signed it. We were joined in this initiative by Congressman and now 
Speaker Denny Hastert, by Senator Coverdell, Senator Graham of Florida, 
and many, many others. This new law provides a 3-year, $2.6 billion 
investment in our drug-fighting capabilities abroad. Through crop 
eradication and drug interdiction we will reduce the amount of drugs 
entering our country and, in turn, increase the price of drugs on the 
streets of America.
  An even larger goal of this new law is to restore a balanced antidrug 
strategy, one that makes a clear commitment to all the elements of our 
strategy--treatment, education, domestic law enforcement, and drug 
interdiction. A balanced drug control strategy worked before, and we 
are ready to make it work again.
  The Western Hemisphere Drug Elimination Act that we passed last year 
was one of several key initiatives passed by the Republican Congress. 
There is no doubt we are determined to turn the corner on drug use. 
Congressman Rob Portman of Cincinnati, Senator Chuck Grassley, myself, 
and others worked to pass the Drug Free Communities Act, which directs 
Federal funds to community coalitions that educate children about the 
dangers of drugs. The 105th Congress also passed the Drug Demand 
Reduction Act, which will streamline existing Federal education and 
treatment programs and make these programs more accountable. We also 
passed the Drug Free Workplace Act, which provides grants to assist 
nonprofit organizations in promoting drug-free workplaces, and 
encourages States to adopt cost-effective financial incentives, such as 
a reduction in worker's compensation premiums for drug-free workplaces.

  Today, with the Drug Free Century Act that we are introducing, we 
will continue to make oversight and reform of our antidrug policies a 
top priority of this Congress. This bill is the beginning of a critical 
and comprehensive examination of our entire antidrug strategy. While we 
devoted most of last year to correcting the resource imbalances that we 
found in this strategy, we intend to devote the next 2 years to looking 
at the effectiveness of the very programs themselves. We also need to 
change current laws to crack down on the elements within the illegal 
drug industry.

[[Page S349]]

  The Drug Free Century Act is the first phase of this effort. It 
addresses all elements of our antidrug strategy, and it is a 
comprehensive strategy that we are presenting today--education, 
treatment, law enforcement, and drug interdiction.
  It is my hope that as we examine our drug strategy through meetings 
and hearings, we will build on the foundation of the legislation that 
we are introducing this morning.
  First, the Drug Free Century Act contains much-needed reforms in our 
international criminal laws. It would improve extradition procedures 
for those who flee justice for drug crimes by prohibiting fugitives 
from benefiting from fugitive status. It would crack down on illegal 
money-transmitting businesses. It would punish money launderers who 
conduct their business through foreign banks. And it would enable 
greater global cooperation in the fight against international crime.
  Mr. President, these provisions, advocated by the chairman of our 
caucus on international narcotics control, Senator Grassley, are 
designed to disrupt and dismantle the drug lords' criminal 
infrastructure. And like the Western Hemisphere Drug Elimination Act we 
passed in the last Congress, these provisions would make the drug 
business far more costly and far more dangerous.
  Our legislation also authorizes additional funding for our 
eradication and interdiction operations and calls on the administration 
to meet the funding goals we set last year in the Western Hemisphere 
Drug Elimination Act. The new interdiction initiatives outlined in this 
bill are designed to supplement last year's legislation and came about 
as a direct result of my visits and the visits of other Members of the 
Senate and the House to the transit zones in the Caribbean, as well as 
the source countries--Peru and Colombia. These visits reconfirmed, in 
my mind, what statistics had already told us: Seizing or destroying a 
ton of cocaine outside our borders is more cost effective than seizing 
the same quantity at the point of sale. It just makes good common 
sense.
  Our legislation also addresses domestic reduction efforts. It would 
increase penalties for certain drug offenses committed in the presence 
of a child. It would call on the Drug Enforcement Administration to 
develop a plan for the safe and speedy cleanup of methamphetamine 
laboratories in the United States. I know this latter issue is of great 
concern to my colleague from Missouri, Senator Ashcroft, who was 
successful last year in increasing penalties for those involved in meth 
labs here in the United States.
  Mr. President, the bill also includes Senator Abraham's legislation 
to increase mandatory minimum sentencing requirements for powder 
cocaine offenses.

  Our bill sets a foundation for what I hope will be a comprehensive 
initiative to reduce the demand for drugs, especially among our young 
people. The bill includes Senator Coverdell's initiative to protect 
children and teachers from drug-related school violence and Senator 
Grassley's legislation to strengthen the parent and family movement to 
teach children and society about the dangers of drugs.
  This bill, frankly, is a first step. I expect we will see other 
important antidrug bills that we would want to roll into this larger 
comprehensive bill, and we will do that as the time comes. For example, 
I am working on legislation to clarify that juvenile facilities should 
be eligible for jail-based and aftercare drug treatment programs and 
provide coordinated services for early mental health and substance 
abuse screening for juveniles. The latter initiative is based on an 
effort underway in Hamilton County, OH, an initiative and effort I have 
personally looked at on a number of occasions. In Hamilton County, OH, 
the courts are working with all the relevant county agencies to offer a 
coordinated service delivery system for at-risk youth. By bringing 
these resources together, Mr. President, we can ensure that young 
people in need of help will get the right kind of assistance.
  I believe in a balanced counterdrug strategy. I made it clear in the 
past Congress that I strongly support our continued commitment in 
demand reduction and law enforcement programs. We need to invest in all 
these elements to have success, and that is why we are today 
introducing this bill--to demonstrate that we intend to find ways to 
improve all elements of our comprehensive antidrug strategy.
  Combined with the efforts begun last year, the Drug Free Century Act 
represents a turning point in a decade of increased youth delinquency 
and drug use. With this legislation, we are sending a clear signal that 
we intend to change course and begin the next decade and, yes, the next 
century, on the road to eliminating the scourge of illegal drugs in 
this country.
  Mr. President, I ask unanimous consent that the text of the Drug Free 
Century Act be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                  S. 5

       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 ``Drug-Free 
     Century Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                TITLE I--INTERNATIONAL SUPPLY REDUCTION

                    Subtitle A--International Crime

                 Chapter 1--International Crime Control

Sec. 1001. Short title.
Sec. 1002. Felony punishment for violence committed along the United 
              States border.

 Chapter 2--Strengthening Maritime Law Enforcement Along United States 
                                Borders

Sec. 1003. Sanctions for failure to heave to, obstructing a lawful 
              boarding, and providing false information.
Sec. 1004. Civil penalties to support maritime law enforcement.
Sec. 1005. Customs orders.

     Chapter 3--Smuggling Of Contraband and Other Illegal Products

Sec. 1006. Smuggling contraband and other goods from the United States.
Sec. 1007. Customs duties.
Sec. 1008. False certifications relating to exports.

       Chapter 4--Denying Safe Havens to International Criminals

Sec. 1009. Extradition for offenses not covered by a list treaty.
Sec. 1010. Extradition absent a treaty.
Sec. 1011. Technical and conforming amendments.
Sec. 1012. Temporary transfer of persons in custody for prosecution.
Sec. 1013. Prohibiting fugitives from benefiting from fugitive status.
Sec. 1014. Transfer of foreign prisoners to serve sentences in country 
              of origin.
Sec. 1015. Transit of fugitives for prosecution in foreign countries.

  Chapter 5--Seizing And Forfeiting Assets of International Criminals

Sec. 1016. Criminal penalties for violations of anti-money laundering 
              orders.
Sec. 1017. Cracking down on illegal money transmitting businesses.
Sec. 1018. Expanding civil money laundering laws to reach foreign 
              persons.
Sec. 1019. Punishment of money laundering through foreign banks.
Sec. 1020. Authority to order convicted criminals to return property 
              located abroad.
Sec. 1021. Administrative summons authority under the Bank Secrecy Act.
Sec. 1022. Exempting financial enforcement data from unnecessary 
              disclosure.
Sec. 1023. Criminal and civil penalties under the International 
              Emergency Economic Powers Act.
Sec. 1024. Attempted violations of the Trading With the Enemy Act.
Sec. 1025. Jurisdiction over certain financial crimes committed abroad.

     Chapter 6--Promoting Global Cooperation in the Fight Against 
                          International Crime

Sec. 1026. Streamlined procedures for execution of MLAT requests.
Sec. 1027. Temporary transfer of incarcerated witnesses.
Sec. 1028. Training of foreign law enforcement agencies.
Sec. 1029. Discretionary authority to use forfeiture proceeds.

                 Subtitle B--International Drug Control

Sec. 1201. Annual country plans for drug-transit and drug producing 
              countries.
Sec. 1202. Prohibition on use of funds for counternarcotics activities 
              and assistance.
Sec. 1203. Sense of Congress regarding Colombia.
Sec. 1204. Sense of Congress regarding Mexico.
Sec. 1205. Sense of Congress regarding Iran.
Sec. 1206. Sense of Congress regarding Syria.
Sec. 1207. Brazil.
Sec. 1208. Jamaica.

[[Page S350]]

Sec. 1209. Sense of Congress regarding North Korea.

           Subtitle C--Foreign Military Counter-Drug Support

Sec. 1301. Report.

                Subtitle D--Money Laundering Deterrence

Sec. 1401. Short title.
Sec. 1402. Findings and purposes.
Sec. 1403. Reporting of suspicious activities.
Sec. 1404. Expansion of scope of summons power.
Sec. 1405. Penalties for violations of geographic targeting orders and 
              certain recordkeeping requirements.
Sec. 1406. Repeal of certain reporting requirements.
Sec. 1407. Limited exemption from Paperwork Reduction Act.
Sec. 1408. Sense of Congress.

    Subtitle E--Additional Funding For Source and Interdiction Zone 
                               Countries

Sec. 1501. Source zone countries.
Sec. 1502. Central America.

                   TITLE II--DOMESTIC LAW ENFORCEMENT

                     Subtitle A--Criminal Offenders

Sec. 2001. Apprehension and procedural treatment of armed violent 
              criminals.
Sec. 2002. Criminal attempt.
Sec. 2003. Drug offenses committed in the presence of children.
Sec. 2004. Sense of Congress on border defense.
Sec. 2005. Clone pagers.

             Subtitle B--Methamphetamine Laboratory Cleanup

Sec. 2101. Sense of Congress regarding methamphetamine laboratory 
              cleanup.

        Subtitle C--Powder Cocaine Mandatory Minimum Sentencing

Sec. 2201. Sentencing for violations involving cocaine powder.

                     Subtitle D--Drug-Free Borders

Sec. 2301. Increased penalty for false statement offense.
Sec. 2302. Increased number of border patrol agents.
Sec. 2303. Enhanced border patrol pursuit policy.

                  TITLE III--DOMESTIC DEMAND REDUCTION

            Subtitle A--Education, Prevention, and Treatment

Sec. 3001. Sense of Congress on reauthorization of Safe and Drug-Free 
              Schools and Communities Act of 1994.
Sec. 3002. Sense of Congress regarding reauthorization of prevention 
              and treatment programs.
Sec. 3003. Report on drug-testing technologies.
Sec. 3004. Use of National Institutes of Health substance abuse 
              research.
Sec. 3005. Needle exchange.
Sec. 3006. Drug-free teen drivers incentive.
Sec. 3007. Drug-free schools.
Sec. 3008. Victim and witness assistance programs for teachers and 
              students.
Sec. 3009. Innovative programs to protect teachers and students.

                     Subtitle B--Drug-Free Families

Sec. 3101. Short title.
Sec. 3102. Findings.
Sec. 3103. Purposes.
Sec. 3104. Definitions.
Sec. 3105. Establishment of drug-free families support program.
Sec. 3106. Authorization of appropriations.

 TITLE IV--FUNDING FOR UNITED STATES COUNTER-DRUG ENFORCEMENT AGENCIES

Sec. 4001. Authorization of appropriations.
Sec. 4002. Cargo inspection and narcotics detection equipment.
Sec. 4003. Peak hours and investigative resource enhancement.
Sec. 4004. Air and marine operation and maintenance funding.
Sec. 4005. Compliance with performance plan requirements.
Sec. 4006. Commissioner of Customs salary.
Sec. 4007. Passenger preclearance services.

                 Subtitle B--United States Coast Guard

Sec. 4101. Additional funding for operation and maintenance.

              Subtitle C--Drug Enforcement Administration

Sec. 4201. Additional funding for counternarcotics and information 
              support operations.

                 Subtitle D--Department of the Treasury

Sec. 4301. Additional funding for counter-drug information support.

                   Subtitle E--Department of Defense

Sec. 4401. Additional funding for expansion of counternarcotics 
              activities.
Sec. 4402. Forward military base for counternarcotics matters.
Sec. 4403. Expansion of radar coverage and operation in source and 
              transit countries.
Sec. 4404. Sense of Congress regarding funding under Western Hemisphere 
              Drug Elimination Act.
Sec. 4405. Sense of Congress regarding the priority of the drug 
              interdiction and counterdrug activities of the Department 
              of Defense.
                TITLE I--INTERNATIONAL SUPPLY REDUCTION
                    Subtitle A--International Crime

                 CHAPTER 1--INTERNATIONAL CRIME CONTROL

     SEC. 1001. SHORT TITLE.

       This chapter may be cited as the ``International Crime 
     Control Act of 1999''.

     SEC. 1002. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE 
                   UNITED STATES BORDER.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 554. Violence while eluding inspection or during 
       violation of arrival, reporting, entry, or clearance 
       requirements

       ``(a) In General.--Whoever attempts to commit or commits a 
     crime of violence or recklessly operates any conveyance 
     during and in relation to--
       ``(1)(A) attempting to elude or eluding immigration, 
     customs, or agriculture inspection; or
       ``(B) failing to stop at the command of an officer or 
     employee of the United States charged with enforcing the 
     immigration, customs, or other laws of the United States 
     along any border of the United States; or
       ``(2) an intentional violation of arrival, reporting, 
     entry, or clearance requirements, as set forth in section 107 
     of the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of 
     the Act of August 20, 1912 (commonly known as the `Plant 
     Quarantine Act' (7 U.S.C. 164a)), section 7 of the Federal 
     Noxious Weed Act of 1974 (7 U.S.C. 2807), section 431, 433, 
     434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433, 
     1434, and 1459), section 10 of the Act of August 30, 1890 (26 
     Stat. 417; chapter 839 (21 U.S.C. 105), section 2 of the Act 
     of February 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C. 
     111), section 4197 of the Revised Statutes (46 U.S.C. App. 
     91), or sections 231, 232, and 234 through 238 of the 
     Immigration and Nationality Act (8 U.S.C. 1221, 1222, and 
     1224 through 1228) shall be--
       ``(A) fined under this title, imprisoned not more than 5 
     years, or both;
       ``(B) if bodily injury (as defined in section 1365(g)) 
     results, fined under this title, imprisoned not more than 10 
     years, or both; or
       ``(C) if death results, fined under this title, imprisoned 
     for any term of years or for life, or both, and may be 
     sentenced to death.
       ``(b) Conspiracy.--If 2 or more persons conspire to commit 
     an offense under subsection (a), and 1 or more of those 
     persons do any act to effect the object of the conspiracy, 
     each shall be punishable as a principal, except that a 
     sentence of death may not be imposed.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 27 of title 18, United States Code, is amended by 
     adding at the end the following:

``554. Violence while eluding inspection or during violation of 
              arrival, reporting, entry, or clearance requirements.''.
       (c) Reckless Endangerment.--Section 111 of title 18, United 
     States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Reckless Endangerment.--Whoever--
       ``(1) knowingly disregards or disobeys the lawful authority 
     or command of any officer or employee of the United States 
     charged with enforcing the immigration, customs, or other 
     laws of the United States along any border of the United 
     States while engaged in, or on account of, the performance of 
     official duties of that officer or employee; and
       ``(2) as a result of disregarding or disobeying an 
     authority or command referred to in paragraph (1), endangers 
     the safety of any person or property,
     shall be fined under this title, imprisoned not more than 6 
     months, or both.''.

 CHAPTER 2--STRENGTHENING MARITIME LAW ENFORCEMENT ALONG UNITED STATES 
                                BORDERS

     SEC. 1003. 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.

[[Page S351]]

       ``(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 Control Act of 1999 
     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.
       ``(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.''.

     SEC. 1004. CIVIL PENALTIES TO SUPPORT MARITIME LAW 
                   ENFORCEMENT.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by adding at the end the following:

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

       ``(a) In General.--Any person who violates section 2237(b) 
     of title 18 shall be liable for a civil penalty of not more 
     than $25,000.
       ``(b) In Rem Liability.--In addition to being subject to 
     the liability under subsection (a), a vessel used to violate 
     an order relating to the boarding of a vessel issued under 
     the authority of section 2237 of title 18 shall be liable in 
     rem and may be seized, forfeited, and sold in accordance with 
     section 594 of the Tariff Act of 1930 (19 U.S.C. 1594).''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 17 of title 14, United States Code, is amended by 
     adding at the end the following:

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

     SEC. 1005. CUSTOMS ORDERS.

       Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is 
     amended by adding at the end the following:
       ``(i) Authorized Place Defined.--In this section, the term 
     `authorized place' includes, with respect to a vessel or 
     vehicle, a location in a foreign country at which United 
     States customs officers are permitted to conduct inspections, 
     examinations, or searches.''.

     CHAPTER 3--SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS

     SEC. 1006. SMUGGLING CONTRABAND AND OTHER GOODS FROM THE 
                   UNITED STATES.

       (a) In General.--
       (1) Smuggling goods from the united states.--Chapter 27 of 
     title 18, United States Code, as amended by section 1002(a) 
     of this title, is amended by adding at the end the following:

     ``Sec. 555. Smuggling goods from the United States

       ``(a) United States Defined.--In this section, the term 
     `United States' has the meaning given that term in section 
     545.
       ``(b) Penalties.--Whoever--
       ``(1) fraudulently or knowingly exports or sends from the 
     United States, or attempts to export or send from the United 
     States, any merchandise, article, or object contrary to any 
     law of the United States (including any regulation of the 
     United States); or
       ``(2) receives, conceals, buys, sells, or in any manner 
     facilitates the transportation, concealment, or sale of that 
     merchandise, article, or object, prior to exportation, 
     knowing that merchandise, article, or object to be intended 
     for exportation contrary to any law of the United States,

     shall be fined under this title, imprisoned not more than 5 
     years, or both.''.
       (2) Technical and conforming amendment.--The analysis for 
     chapter 27 of title 18, United States Code, is amended by 
     adding at the end the following:

``555. Smuggling goods from the United States.''.
       (b) Laundering of Monetary Instruments.--Section 
     1956(c)(7)(D) of title 18, United States Code, is amended by 
     inserting ``section 555 (relating to smuggling goods from the 
     United States),'' before ``section 641 (relating to public 
     money, property, or records),''.
       (c) Merchandise Exported From United States.--Section 596 
     of the Tariff Act of 1930 (19 U.S.C. 1595a) is amended by 
     adding at the end the following:
       ``(d) Merchandise Exported From the United States.--
     Merchandise exported or sent from the United States or 
     attempted to be exported or sent from the United States 
     contrary to law, or the value thereof, and property used to 
     facilitate the receipt, purchase, transportation, 
     concealment, or sale of that merchandise prior to exportation 
     shall be forfeited to the United States.''.

     SEC. 1007. CUSTOMS DUTIES.

       (a) In General.--Section 542 of title 18, United States 
     Code, is amended--
       (1) in the section heading, by adding ``theft, 
     embezzlement, or misapplication of duties'' at the end;
       (2) by redesignating the fourth and fifth undesignated 
     paragraphs as subsections (b) and (c), respectively;
       (3) in the third undesignated paragraph--
       (A) by striking ``Shall be fined'' and inserting the 
     following:

     ``shall be fined''; and
       (B) by striking ``two years'' and inserting ``5 years'';
       (4) in the second undesignated paragraph--
       (A) by striking ``Whoever is guilty'' and inserting the 
     following:
       ``(2) is guilty''; and
       (B) by striking ``act or omission--'' and inserting ``act 
     or omission; or'';
       (5) in the first undesignated paragraph, by striking 
     ``Whoever knowingly effects'' and inserting the following:
       ``(a) Whoever--
       ``(1) knowingly effects''; and
       (6) in subsection (a) (as so designated by paragraph (5) of 
     this subsection) by inserting after paragraph (2) (as so 
     designated by paragraph (4) of this subsection) the 
     following:
       ``(3) embezzles, steals, abstracts, purloins, willfully 
     misapplies, willfully permits to be misapplied, or wrongfully 
     converts to his own use, or to the use of another, moneys, 
     funds, credits, assets, securities or other property 
     entrusted to his or her custody or care, or to the custody or 
     care of another for the purpose of paying any lawful 
     duties;''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 27 of title 18, United States Code, is amended by 
     striking the item relating to section 542 and inserting the 
     following:

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

     SEC. 1008. FALSE CERTIFICATIONS RELATING TO EXPORTS.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, as amended by section 1006(a) of this title, is amended 
     by adding at the end the following:

     ``Sec. 556. False certifications relating to exports

       ``Whoever knowingly transmits in interstate or foreign 
     commerce any false or fraudulent certificate of origin, 
     invoice, declaration, affidavit, letter, paper, or statement 
     (whether written or otherwise), that represents explicitly or 
     implicitly that goods, wares, or merchandise to be exported 
     qualify for purposes of any international trade agreement to 
     which the United States is a signatory shall be fined under 
     this title, imprisoned not more than 5 years, or both.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 27 of title 18, United States Code, is amended by 
     adding at the end the following:

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

       CHAPTER 4--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

     SEC. 1009. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST 
                   TREATY.

       Chapter 209 of title 18, United States Code, is amended by 
     adding at the end the following:

[[Page S352]]

     ``Sec. 3197. Extradition for offenses not covered by a list 
       treaty

       ``(a) Serious Offense Defined.--In this section, the term 
     `serious offense' means conduct that would be--
       ``(1) an offense described in any multilateral treaty to 
     which the United States is a party that obligates parties--
       ``(A) to extradite alleged offenders found in the territory 
     of the parties; or
       ``(B) submit the case to the competent authorities of the 
     parties for prosecution; or
       ``(2) conduct that, if that conduct occurred in the United 
     States, would constitute--
       ``(A) a crime of violence (as defined in section 16);
       ``(B) the distribution, manufacture, importation or 
     exportation of a controlled substance (as defined in section 
     201 of the Controlled Substances Act (21 U.S.C. 802));
       ``(C) bribery of a public official; misappropriation, 
     embezzlement or theft of public funds by or for the benefit 
     of a public official;
       ``(D) obstruction of justice, including payment of bribes 
     to jurors or witnesses;
       ``(E) the laundering of monetary instruments, as described 
     in section 1956, if the value of the monetary instruments 
     involved exceeds $100,000;
       ``(F) fraud, theft, embezzlement, or commercial bribery if 
     the aggregate value of property that is the object of all of 
     the offenses related to the conduct exceeds $100,000;
       ``(G) counterfeiting, if the obligations, securities or 
     other items counterfeited, have an apparent value that 
     exceeds $100,000;
       ``(H) a conspiracy or attempt to commit any of the offenses 
     described in any of subparagraphs (A) through (G), or aiding 
     and abetting a person who commits any such offense; or
       ``(I) a crime against children under chapter 109A or 
     section 2251, 2251A, 2252, or 2252A.
       ``(b) Authorization of Filing.--
       ``(1) In general.--If a foreign government makes a request 
     for the extradition of a person who is charged with or has 
     been convicted of an offense within the jurisdiction of that 
     foreign government, and an extradition treaty between the 
     United States and the foreign government is in force, but the 
     treaty does not provide for extradition for the offense with 
     which the person has been charged or for which the person has 
     been convicted, the Attorney General may authorize the filing 
     of a complaint for extradition pursuant to subsections (c) 
     and (d).
       ``(2) Filing of complaints.--
       ``(A) In general.--A complaint authorized under paragraph 
     (1) shall be filed pursuant to section 3184.
       ``(B) Procedures.--With respect to a complaint filed under 
     paragraph (1), the procedures contained in sections 3184 and 
     3186 and the terms of the relevant extradition treaty shall 
     apply as if the offense were a crime provided for by the 
     treaty, in a manner consistent with section 3184.
       ``(c) Criteria for Authorization of Complaints.--
       ``(1) In general.--The Attorney General may authorize the 
     filing of a complaint under subsection (b) only upon a 
     certification--
       ``(A) by the Attorney General, that in the judgment of the 
     Attorney General--
       ``(i) the offense for which extradition is sought is a 
     serious offense; and
       ``(ii) submission of the extradition request would be 
     important to the law enforcement interests of the United 
     States or otherwise in the interests of justice; and
       ``(B) by the Secretary of State, that in the judgment of 
     the Secretary of State, submission of the request would be 
     consistent with the foreign policy interests of the United 
     States.
       ``(2) Factors for consideration.--In making any 
     certification under paragraph (1)(B), the Secretary of State 
     may consider whether the facts and circumstances of the 
     request then known appear likely to present any significant 
     impediment to the ultimate surrender of the person who is the 
     subject of the request for extradition, if that person is 
     found to be extraditable.
       ``(d) Cases of Urgency.--
       ``(1) In general.--In any case of urgency, the Attorney 
     General may, with the concurrence of the Secretary of State 
     and before any formal certification under subsection (c), 
     authorize the filing of a complaint seeking the provisional 
     arrest and detention of the person sought for extradition 
     before the receipt of documents or other proof in support of 
     the request for extradition.
       ``(2) Applicability of relevant treaty.--With respect to a 
     case described in paragraph (1), a provision regarding 
     provisional arrest in the relevant treaty shall apply.
       ``(3) Filing and effect of filing of complaints.--
       ``(A) In general.--A complaint authorized under this 
     subsection shall be filed in the same manner as provided in 
     section 3184.
       ``(B) Issuance of orders.--Upon the filing of a complaint 
     under this subsection, the appropriate judicial officer may 
     issue an order for the provisional arrest and detention of 
     the person as provided in section 3184.
       ``(e) Conditions of Surrender; Assurances.--
       ``(1) In general.--Before issuing a warrant of surrender 
     under section 3184 or 3186, the Secretary of State may--
       ``(A) impose conditions upon the surrender of the person 
     that is the subject of the warrant; and
       ``(B) require those assurances of compliance with those 
     conditions, as are determined by the Secretary to be 
     appropriate.
       ``(2) Additional assurances.--
       ``(A) In general.--In addition to imposing conditions and 
     requiring assurances under paragraph (1), the Secretary of 
     State shall demand, as a condition of the extradition of the 
     person in every case, an assurance described in subparagraph 
     (B) that the Secretary determines to be satisfactory.
       ``(B) Description of assurances.--An assurance described in 
     this subparagraph is an assurance that the person that is 
     sought for extradition shall not be tried or punished for an 
     offense other than that for which the person has been 
     extradited, absent the consent of the United States.''.

     SEC. 1010. EXTRADITION ABSENT A TREATY.

       Chapter 209 of title 18, United States Code, as amended by 
     section 1009 of this title, is amended by adding at the end 
     the following:

     ``Sec. 3198. Extradition absent a treaty

       ``(a) Serious Offense Defined.--In this section, the term 
     `serious offense' has the meaning given that term in section 
     3197(a).
       ``(b) Authorization of Filing.--
       ``(1) In general.--If a foreign government makes a request 
     for the extradition of a person who is charged with or has 
     been convicted of an offense within the jurisdiction of that 
     foreign government, and no extradition treaty is in force 
     between the United States and the foreign government, the 
     Attorney General may authorize the filing of a complaint for 
     extradition pursuant to subsections (c) and (d).
       ``(2) Filing and treatment of complaints.--
       ``(A) In general.--A complaint authorized under paragraph 
     (1) shall be filed pursuant to section 3184.
       ``(B) Procedures.--With respect to a complaint filed under 
     paragraph (1), procedures of sections 3184 and 3186 shall be 
     followed as if the offense were a `crime provided for by such 
     treaty' as described in section 3184.
       ``(c) Criteria for Authorization of Complaints.--The 
     Attorney General may authorize the filing of a complaint 
     described in subsection (b) only upon a certification--
       ``(1) by the Attorney General, that in the judgment of the 
     Attorney General--
       ``(A) the offense for which extradition is sought is a 
     serious offense; and
       ``(B) submission of the extradition request would be 
     important to the law enforcement interests of the United 
     States or otherwise in the interests of justice; and
       ``(2) by the Secretary of State, that in the judgment of 
     the certifying official, based on information then known--
       ``(A) submission of the request would be consistent with 
     the foreign policy interests of the United States;
       ``(B) the facts and circumstances of the request, including 
     humanitarian considerations, do not appear likely to present 
     a significant impediment to the ultimate surrender of the 
     person if found extraditable; and
       ``(C) the foreign government submitting the request is not 
     submitting the request in order to try or punish the person 
     sought for extradition primarily on the basis of the race, 
     religion, nationality, or political opinions of that person.
       ``(d) Limitations on Delegation.--
       ``(1) Delegation by attorney general.--The authorities and 
     responsibilities of the Attorney General under subsection (c) 
     may be delegated only to the Deputy Attorney General.
       ``(2) Delegation.--The authorities and responsibilities of 
     the Secretary of State set forth in this subsection may be 
     delegated only to the Deputy Secretary of State.
       ``(e) Cases of Urgency.--
       ``(1) In general.--In any case of urgency, the Attorney 
     General may, with the concurrence of the Secretary of State 
     and before any formal certification under subsection (c), 
     authorize the filing of a complaint seeking the provisional 
     arrest and detention of the person sought for extradition 
     before the receipt of documents or other proof in support of 
     the request for extradition.
       ``(2) Filing of complaints; order by judicial officer.--
       ``(A) Filing.--A complaint filed under this subsection 
     shall be filed in the same manner as provided in section 
     3184.
       ``(B) Orders.--Upon the filing of a complaint under 
     subparagraph (A), the appropriate judicial officer may issue 
     an order for the provisional arrest and detention of the 
     person.
       ``(C) Releases.--If, not later than 45 days after the 
     arrest, the formal request for extradition and documents in 
     support of that are not received by the Department of State, 
     the appropriate judicial officer may order that a person 
     detained pursuant to this subsection be released from 
     custody.
       ``(f) Hearings.--
       ``(1) In general.--Subject to subsection (h), upon the 
     filing of a complaint for extradition and receipt of 
     documents or other proof in support of the request of a 
     foreign government for extradition, the appropriate judicial 
     officer shall hold a hearing to determine whether the person 
     sought for extradition is extraditable.
       ``(2) Criteria for extradition.--Subject to subsection (g) 
     in a hearing conducted under paragraph (1), the judicial 
     officer shall find a person extraditable if the officer 
     finds--
       ``(A) probable cause to believe that the person before the 
     judicial officer is the person sought in the foreign country 
     of the requesting foreign government;
       ``(B) probable cause to believe that the person before the 
     judicial officer committed the

[[Page S353]]

     offense for which that person is sought, or was duly 
     convicted of that offense in the foreign country of the 
     requesting foreign government;
       ``(C) that the conduct upon which the request for 
     extradition is based, if that conduct occurred within the 
     United States, would be a serious offense punishable by 
     imprisonment for more than 10 years under the laws of--
       ``(i) the United States;
       ``(ii) the majority of the States in the United States; or
       ``(iii) of the State in which the fugitive is found; and
       ``(D) no defense to extradition under subsection (f) has 
     been established.
       ``(g) Limitation of Extradition.--
       ``(1) In general.--A judicial officer shall not find a 
     person extraditable under this section if the person has 
     established that the offense for which extradition is sought 
     is--
       ``(A) an offense for which the person is being proceeded 
     against, or has been tried or punished, in the United States; 
     or
       ``(B) a political offense.
       ``(2) Political offenses.--For purposes of this section, a 
     political offense does not include--
       ``(A) a murder or other violent crime against the person of 
     a head of state of a foreign state, or of a member of the 
     family of the head of state;
       ``(B) an offense for which both the United States and the 
     requesting foreign government have the obligation pursuant to 
     a multilateral international agreement to--
       ``(i) extradite the person sought; or
       ``(ii) submit the case to the competent authorities for 
     decision as to prosecution; or
       ``(C) a conspiracy or attempt to commit any of the offenses 
     referred to in subparagraph (A) or (B), or aiding or abetting 
     a person who commits or attempts to commit any such offenses.
       ``(h) Limitations on Factors for Consideration at 
     Hearings.--
       ``(1) In general.--At a hearing conducted under subsection 
     (a), the judicial officer conducting the hearing shall not 
     consider issues regarding--
       ``(A) humanitarian concerns;
       ``(B) the nature of the judicial system of the requesting 
     foreign government; and
       ``(C) whether the foreign government is seeking extradition 
     of a person for the purpose of prosecuting or punishing the 
     person because of the race, religion, nationality or 
     political opinions of that person.
       ``(2) Consideration by secretary of state.--The issues 
     referred to in paragraph (1) shall be reserved for 
     consideration exclusively by the Secretary of State as 
     described in subsection (c)(2).
       ``(3) Additional consideration.--Notwithstanding the 
     certification requirements described in subsection (c)(2), 
     the Secretary of State may, within the sole discretion of the 
     Secretary--
       ``(A) in addition to considering the issues referred to in 
     paragraph (1) for purposes of certifying the filing of a 
     complaint under this section, consider those issues again in 
     exercising authority to surrender the person sought for 
     extradition in carrying out the procedures under section 3184 
     and 3186; and
       ``(B) impose conditions on surrender including those 
     provided in subsection (i).
       ``(i) Conditions of Surrender; Assurances.--
       ``(1) In general.--The Secretary of State may--
       ``(A) impose conditions upon the surrender of a person 
     sought for extradition under this section; and
       ``(B) require such assurances of compliance with those 
     conditions, as the Secretary determines to be appropriate.
       ``(2) Additional assurances.--In addition to imposing 
     conditions and requiring assurances under paragraph (1), the 
     Secretary shall demand, as a condition of the extradition of 
     the person that is sought for extradition--
       ``(A) in every case, an assurance the Secretary determines 
     to be satisfactory that the person shall not be tried or 
     punished for an offense other than the offense for which the 
     person has been extradited, absent the consent of the United 
     States; and
       ``(B) in a case in which the offense for which extradition 
     is sought is punishable by death in the foreign country of 
     the requesting foreign government and is not so punishable 
     under the applicable laws in the United States, an assurance 
     the Secretary determines to be satisfactory that the death 
     penalty--
       ``(i) shall not be imposed; or
       ``(ii) if imposed, shall not be carried out.''.

     SEC. 1011. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--Chapter 309 of title 18, United States 
     Code, is amended--
       (1) in section 3181, by inserting ``, other than sections 
     3197 and 3198,'' after ``The provisions of this chapter'' 
     each place that term appears; and
       (2) in section 3186, by striking ``or 3185'' and inserting 
     ``, 3185, 3197 or 3198''.
       (b) Chapter Analysis.--The analysis for chapter 209 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

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

     SEC. 1012. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR 
                   PROSECUTION.

       (a) In General.--Chapter 306 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4116. Temporary transfer for prosecution

       ``(a) State Defined.--In this section, the term `State' 
     includes a State of the United States, the District of 
     Columbia, and a commonwealth, territory, or possession of the 
     United States.
       ``(b) Authority of Attorney General With Respect to 
     Temporary Transfers.--
       ``(1) In general.--Subject to subsection (d), if a person 
     is in pretrial detention or is otherwise being held in 
     custody in a foreign country based upon a violation of the 
     law in that foreign country, and that person is found 
     extraditable to the United States by the competent 
     authorities of that foreign country while still in the 
     pretrial detention or custody, the Attorney General shall 
     have the authority--
       ``(A) to request the temporary transfer of that person to 
     the United States in order to face prosecution in a Federal 
     or State criminal proceeding;
       ``(B) to maintain the custody of that person while the 
     person is in the United States; and
       ``(C) to return that person to the foreign country at the 
     conclusion of the criminal prosecution, including any 
     imposition of sentence.
       ``(2) Requirements for requests by attorney general.--The 
     Attorney General shall make a request under paragraph (1) 
     only if the Attorney General determines, after consultation 
     with the Secretary of State, that the return of that person 
     to the foreign country in question would be consistent with 
     international obligations of the United States.
       ``(c) Authority of Attorney General With Respect to 
     Pretrial Detentions.--
       ``(1) In general.--
       ``(A) Authority of attorney general.--Subject to paragraph 
     (2) and subsection (d), the Attorney General shall have the 
     authority to carry out the actions described in subparagraph 
     (B), if--
       ``(i) a person is in pretrial detention or is otherwise 
     being held in custody in the United States based upon a 
     violation of Federal or State law, and that person is found 
     extraditable to a foreign country while still in the pretrial 
     detention or custody pursuant to section 3184, 3197, or 3198; 
     and
       ``(ii) a determination is made by the Secretary of State 
     and the Attorney General that the person will be surrendered.
       ``(B) Actions.--If the conditions described in subparagraph 
     (A) are met, the Attorney General shall have the authority 
     to--
       ``(i) temporarily transfer the person described in 
     subparagraph (A) to the foreign country of the foreign 
     government requesting the extradition of that person in order 
     to face prosecution;
       ``(ii) transport that person from the United States in 
     custody; and
       ``(iii) return that person in custody to the United States 
     from the foreign country.
       ``(2) Consent by state authorities.--If the person is being 
     held in custody for a violation of State law, the Attorney 
     General may exercise the authority described in paragraph (1) 
     if the appropriate State authorities give their consent to 
     the Attorney General.
       ``(3) Criterion for request.--The Attorney General shall 
     make a request under paragraph (1) only if the Attorney 
     General determines, after consultation with the Secretary of 
     State, that the return of the person sought for extradition 
     to the foreign country of the foreign government requesting 
     the extradition would be consistent with United States 
     international obligations.
       ``(4) Effect of temporary transfer.--With regard to any 
     person in pretrial detention--
       ``(A) a temporary transfer under this subsection shall 
     result in an interruption in the pretrial detention status of 
     that person; and
       ``(B) the right to challenge the conditions of confinement 
     pursuant to section 3142(f) does not extend to the right to 
     challenge the conditions of confinement in a foreign country 
     while in that foreign country temporarily under this 
     subsection.
       ``(d) Consent by Parties To Waive Prior Finding of Whether 
     a Person Is Extraditable.--The Attorney General may exercise 
     the authority described in subsections (b) and (c) absent a 
     prior finding that the person in custody is extraditable, if 
     the person, any appropriate State authorities in a case under 
     subsection (c), and the requesting foreign government give 
     their consent to waive that requirement.
       ``(e) Return of Persons.--
       ``(1) In general.--If the temporary transfer to or from the 
     United States of a person in custody for the purpose of 
     prosecution is provided for by this section, that person 
     shall be returned to the United States or to the foreign 
     country from which the person is transferred on completion of 
     the proceedings upon which the transfer was based.
       ``(2) Statutory interpretation with respect to immigration 
     laws.--In no event shall the return of a person under 
     paragraph (1) require extradition proceedings or proceedings 
     under the immigration laws.
       ``(3) Certain rights and remedies barred.--Notwithstanding 
     any other provision of law, a person temporarily transferred 
     to the United States pursuant to this section shall not be 
     entitled to apply for or obtain any right or remedy under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     including the right to apply for or be granted asylum or 
     withholding of deportation.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 306 of title

[[Page S354]]

     18, United States Code, is amended by adding at the end the 
     following:

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

     SEC. 1013. PROHIBITING FUGITIVES FROM BENEFITING FROM 
                   FUGITIVE STATUS.

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

     ``Sec. 2466. Fugitive disentitlement

       ``A person may not use the resources of the courts of the 
     United States in furtherance of a claim in any related civil 
     forfeiture action or a claim in third party proceedings in 
     any related criminal forfeiture action if that person--
       ``(1) purposely leaves the jurisdiction of the United 
     States;
       ``(2) declines to enter or reenter the United States to 
     submit to its jurisdiction; or
       ``(3) otherwise evades the jurisdiction of the court in 
     which a criminal case is pending against the person.''.
       (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. Fugitive disentitlement.''.

     SEC. 1014. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES 
                   IN COUNTRY OF ORIGIN.

       Section 4100(b) of title 18, United States Code, is amended 
     in the third sentence by inserting ``, unless otherwise 
     provided by treaty,'' before ``an offender''.

     SEC. 1015. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN 
                   COUNTRIES.

       (a) In General.--Chapter 305 of title 18, United States 
     Code, is amended by adding at the end the following:

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

       ``(a) In General.--The Attorney General may, in 
     consultation with the Secretary of State, permit the 
     temporary transit through the United States of a person 
     wanted for prosecution or imposition of sentence in a foreign 
     country.
       ``(b) Limitation on Judicial Review.--A determination by 
     the Attorney General to permit or not to permit a temporary 
     transit described in subsection (a) shall not be subject to 
     judicial review.
       ``(c) Custody.--If the Attorney General permits a temporary 
     transit under subsection (a), Federal law enforcement 
     personnel may hold the person subject to that transit in 
     custody during the transit of the person through the United 
     States.
       ``(d) Conditions Applicable to Persons Subject to Temporary 
     Transit.--Notwithstanding any other provision of law, a 
     person who is subject to a temporary transit through the 
     United States under this section shall--
       ``(1) be required to have only such documents as the 
     Attorney General shall require;
       ``(2) not be considered to be admitted or paroled into the 
     United States; and
       ``(3) not be entitled to apply for or obtain any right or 
     remedy under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), including the right to apply for or be granted 
     asylum or withholding of deportation.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 305 of title 18, United States Code, is amended by 
     adding at the end the following:

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

  CHAPTER 5--SEIZING AND FORFEITING ASSETS OF INTERNATIONAL CRIMINALS

     SEC. 1016. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY 
                   LAUNDERING ORDERS.

       (a) Reporting Violations.--Section 5324(a) of title 31, 
     United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     or the reporting requirements imposed by an order issued 
     pursuant to section 5326'' after ``any such section''; and
       (2) in each of paragraphs (1) and (2), by inserting ``, or 
     a report required under any order issued pursuant to section 
     5326'' before the semicolon.
       (b) Penalties.--Sections 5321(a)(1), 5322(a), and 5322(b) 
     of title 31, United States Code, are each amended by 
     inserting ``or order issued'' after ``or a regulation 
     prescribed'' each place that term appears.

     SEC. 1017. CRACKING DOWN ON ILLEGAL MONEY TRANSMITTING 
                   BUSINESSES.

       Section 1960 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(c) Scienter Requirement.--For the purposes of proving a 
     violation of this section involving an illegal money 
     transmitting business (as defined in subsection (b)(1)(A))--
       ``(1) it shall be sufficient for the government to prove 
     that the defendant knew that the money transmitting business 
     lacked a license required by State law; and
       ``(2) it shall not be necessary to show that the defendant 
     knew that the operation of such a business without the 
     required license was an offense punishable as a felony or 
     misdemeanor under State law.''.

     SEC. 1018. EXPANDING CIVIL MONEY LAUNDERING LAWS TO REACH 
                   FOREIGN PERSONS.

       Section 1956(b) of title 18, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by inserting ``(1)'' after ``(b)''; and
       (3) by adding at the end the following:
       ``(2) For purposes of adjudicating an action filed or 
     enforcing a penalty ordered under this section, the district 
     courts shall have jurisdiction over any foreign person, 
     including any financial institution registered in a foreign 
     country, that commits an offense under subsection (a) 
     involving a financial transaction that occurs in whole or in 
     part in the United States, if service of process upon the 
     foreign person is made in accordance with the Federal Rules 
     of Civil Procedure or the law of the foreign country in which 
     the foreign person is found.
       ``(3) The court may issue a pretrial restraining order or 
     take any other action necessary to ensure that any bank 
     account or other property held by the defendant in the United 
     States is available to satisfy a judgment under this 
     section.''.

     SEC. 1019. PUNISHMENT OF MONEY LAUNDERING THROUGH FOREIGN 
                   BANKS.

       Section 1956(c)(6) of title 18, United States Code, is 
     amended to read as follows:
       ``(6) the term `financial institution' includes any 
     financial institution described in section 5312(a)(2) of 
     title 31, United States Code, or the regulations promulgated 
     thereunder, as well as any foreign bank (as defined in 
     section 1(b)(7) of the International Banking Act of 1978 (12 
     U.S.C. 3101(7));''.

     SEC. 1020. AUTHORITY TO ORDER CONVICTED CRIMINALS TO RETURN 
                   PROPERTY LOCATED ABROAD.

       (a) Order of Forfeiture.--Section 413(p) of the Controlled 
     Substances Act (21 U.S.C. 853(p)) is amended by adding at the 
     end the following: ``In the case of property described in 
     paragraph (3), the court may, in addition, order the 
     defendant to return the property to the jurisdiction of the 
     court so that the property may be seized and forfeited.''.
       (b) Pretrial Restraining Order.--Section 413(e) of the 
     Controlled Substances Act (21 U.S.C. 853(e)) is amended by 
     inserting after paragraph (3) the following:
       ``(4)(A) Pursuant to its authority to enter a pretrial 
     restraining order under this section, including its authority 
     to restrain any property forfeitable as substitute assets, 
     the court may also order the defendant to repatriate any 
     property subject to forfeiture pending trial, and to deposit 
     that property in the registry of the court, or with the 
     United States Marshals Service or the Secretary of the 
     Treasury, in an interest-bearing account.
       ``(B) Failure to comply with an order under this 
     subsection, or an order to repatriate property under 
     subsection (p), shall be punishable as a civil or criminal 
     contempt of court, and may also result in an enhancement of 
     the sentence for the offense giving rise to the forfeiture 
     under the obstruction of justice provision of section 3C1.1 
     of the Federal Sentencing Guidelines.''.

     SEC. 1021. 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. 1022. EXEMPTING FINANCIAL ENFORCEMENT DATA FROM 
                   UNNECESSARY DISCLOSURE.

       (a) IEEPA.--Section 203 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1702(a)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Exemptions from disclosure.--Information obtained 
     under this title before or after the enactment of this 
     section may be withheld only to the extent permitted by 
     statute, except that information submitted, obtained, or 
     considered in connection with any transaction prohibited 
     under this title, including license applications, licenses or 
     other authorizations, information or evidence obtained in the 
     course of any investigation, and information obtained or 
     furnished under this title in connection with international 
     agreements, treaties, or obligations shall be withheld from 
     public disclosure, and shall not be subject to disclosure 
     under section 552 of title 5, United States Code, unless the 
     release of the information is determined by the President to 
     be in the national interest.''.
       (b) Trading With the Enemy Act.--Section 5(b) of the 
     Trading with the Enemy Act of 1917 (50 U.S.C. App. 5(b)) is 
     amended--
       (1) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Exemptions from disclosure.--Information obtained 
     under this title before or after the enactment of this 
     section may be withheld only to the extent permitted by 
     statute, except that information submitted, obtained, or 
     considered in connection with any transaction prohibited 
     under this title, including license applications, licenses or 
     other authorizations, information or evidence obtained in the 
     course of any investigation, and information obtained or 
     furnished under this title in connection with international 
     agreements, treaties, or obligations shall be withheld from 
     public disclosure, and shall not be subject to disclosure 
     under section 552 of title 5, United States

[[Page S355]]

     Code, unless the release of the information is determined by 
     the President to be in the national interest.''.

     SEC. 1023. 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 
     that $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 that 10 years, or both, if an 
     individual.''.

     SEC. 1024. 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''.

     SEC. 1025. JURISDICTION OVER CERTAIN FINANCIAL CRIMES 
                   COMMITTED ABROAD.

       Section 1029 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(h) 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).''.

     CHAPTER 6--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST 
                          INTERNATIONAL CRIME

     SEC. 1026. 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.''.

     SEC. 1027. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.

       (a) In General.--Section 3508 of title 18, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

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

       (2) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) Transfer Authority.--
       ``(1) In general.--If the testimony of a person who is 
     serving a sentence, in pretrial detention, or otherwise being 
     held in custody in the United States, is needed in a foreign 
     criminal proceeding, the Attorney General shall have the 
     authority to--
       ``(A) temporarily transfer that person to the foreign 
     country for the purpose of giving the testimony;
       ``(B) transport that person from the United States in 
     custody;
       ``(C) make appropriate arrangements for custody for that 
     person while outside the United States; and
       ``(D) return that person in custody to the United States 
     from the foreign country.
       ``(2) Persons held for state law violations.--If the person 
     is being held in custody for a violation of State law, the 
     Attorney General may exercise the authority described in this 
     subsection if the appropriate State authorities give their 
     consent.
       ``(c) Return of Persons Transferred.--
       ``(1) In general.--If the transfer to or from the United 
     States of a person in custody for the purpose of giving 
     testimony is provided for by treaty or convention, by this 
     section, or both, that person shall be returned to the United 
     States, or to the foreign country from which the person is 
     transferred.
       ``(2) Limitation.--In no event shall the return of a person 
     under this subsection require any request for extradition or 
     extradition proceedings, or require that person to be subject 
     to deportation or exclusion proceedings under the laws of the 
     United States, or the foreign country from which the person 
     is transferred.
       ``(d) Applicability of International Agreements.--If there 
     is an international agreement between the United States and 
     the foreign country in which a witness is being held in 
     custody or to which the witness will be transferred from the 
     United States, that provides for the transfer, custody, and 
     return of those witnesses, the terms and conditions of that 
     international agreement shall apply. If there is no such 
     international agreement, the Attorney General may exercise 
     the authority described in subsections (a) and (b) if both 
     the foreign country and the witness give their consent.
       ``(e) Rights of Persons Transferred.--
       ``(1) Notwithstanding any other provision of law, a person 
     held in custody in a foreign country who is transferred to 
     the United States pursuant to this section for the purpose of 
     giving testimony--
       ``(A) shall not by reason of that transfer, during the 
     period that person is present in the United States pursuant 
     to that transfer, be entitled to apply for or obtain any 
     right or remedy under the Immigration and Nationality Act, 
     including the right to apply for or be granted asylum or 
     withholding of deportation or any right to remain in the 
     United States under any other law; and
       ``(B) may be summarily removed from the United States upon 
     order of the Attorney General.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to create any substantive or procedural right or 
     benefit to remain in the United States that is legally 
     enforceable in a court of law of the United States or of a 
     State by any party against the United States or its agencies 
     or officers.
       ``(f) Consistency With International Obligations.--The 
     Attorney General shall not take any action under this section 
     to transfer or return a person to a foreign country unless 
     the Attorney General determines, after consultation with the 
     Secretary of State, that transfer or return would be 
     consistent with the international obligations of the United 
     States. A determination by the Attorney General under this 
     subsection shall not be subject to judicial review by any 
     court.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 223 of title 18, United States Code, is amended by 
     striking the item relating to section 3508 and inserting the 
     following:

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

     SEC. 1028. TRAINING OF FOREIGN LAW ENFORCEMENT AGENCIES.

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

[[Page S356]]

     SEC. 1029. DISCRETIONARY AUTHORITY TO USE FORFEITURE 
                   PROCEEDS.

       Section 524(c)(1) of title 28, United States Code, is 
     amended by--
       (1) redesignating subparagraph (I) beginning with ``after 
     all'' as subparagraph (J);
       (2) in subparagraph (J) as redesignated, striking the 
     period and inserting ``, and''; and
       (3) adding at the end the following:
       ``(J) at the discretion of the Attorney General, payments 
     to return forfeited property repatriated to the United States 
     by a foreign government or others acting at the direction of 
     a foreign government, and interest earned on the property, 
     if--
       ``(i) a final foreign judgment entered against a foreign 
     government or those acting at its direction, which foreign 
     judgment was based on the measures, such as seizure and 
     repatriation of property, that resulted in deposit of the 
     funds into the Fund;
       ``(ii) the foreign judgment was entered and presented to 
     the Attorney General not later than 5 years after the date on 
     which the property was repatriated to the United States;
       ``(iii) the foreign government or those acting at its 
     direction vigorously defended its actions under its own laws; 
     and
       ``(iv) the amount of the disbursement does not exceed the 
     amount of funds deposited to the Fund, plus interest earned 
     on those funds pursuant to section 524(c)(5), less any awards 
     and equitable shares paid by the Fund to the foreign 
     government or those acting at its direction in connection 
     with a particular case.''.
                 Subtitle B--International Drug Control

     SEC. 1201. ANNUAL COUNTRY PLANS FOR DRUG-TRANSIT AND DRUG 
                   PRODUCING COUNTRIES.

       Section 490 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2291j) is amended by adding at the end the following:
       ``(i) Country Plans for Major Drug-Transit and Major 
     Illicit Drug Producing Countries.--
       ``(1) Annual requirement.--Not later than November 1 of 
     each year, the President shall submit to Congress a separate 
     plan for the activities to be undertaken by the United States 
     in order to address drug-trafficking and other drug-related 
     matters in each country described in paragraph (2).
       ``(2) Covered countries.--A country referred to in 
     paragraph (1) is any country--
       ``(A) that is determined by the President to be a major 
     drug-transit county or a major illicit drug producing 
     country; and
       ``(B) with which the United States is maintaining 
     diplomatic relations.
       ``(3) Form.--Each plan under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.''.

     SEC. 1202. PROHIBITION ON USE OF FUNDS FOR COUNTERNARCOTICS 
                   ACTIVITIES AND ASSISTANCE.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, no funds appropriated for any fiscal year after fiscal 
     year 1999 for the counterdrug or counternarcotics activities 
     of the United States (including funds appropriated for 
     assistance to other countries for such activities) may be 
     obligated or expended for such activities during the period 
     beginning on November 1 of such fiscal year and ending on the 
     later of--
       (1) the date of the notification required in such fiscal 
     year under subsection (h) of section 490 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2291j); or
       (2) the date of the submittal of the plans required by 
     subsection (i) of that section, as amended by section 1201 of 
     this title.
       (b) Limitation on Override.--No provision of law enacted 
     after the date of enactment of this Act may be construed to 
     override the prohibition set forth in subsection (a) unless 
     such provision specifically refers to such prohibition in 
     effecting the override.

     SEC. 1203. SENSE OF CONGRESS REGARDING COLOMBIA.

       It is the sense of Congress--
       (1) that the provision of counternarcotics assistance to 
     Colombia will not meet the purpose of the provision of such 
     assistance without meaningful guarantees that no production, 
     manufacturing, or transportation of narcotics takes place in 
     any area in Colombia designated as a so-called ``buffer 
     zone'';
       (2) to be concerned regarding continuing reports of human 
     rights violations by units of the Colombia military; and
       (3) to reaffirm the policy that no aid, supplies, or other 
     assistance should be provided to any military or law 
     enforcement unit of a foreign county if such unit has engaged 
     in any violation of human rights.

     SEC. 1204. SENSE OF CONGRESS REGARDING MEXICO.

       It is the sense of Congress that--
       (1) the United States and the Government of Mexico should 
     conclude a maritime agreement for purposes of improving 
     cooperation between the United States and Mexico in the 
     interdiction of seaborne drug smuggling;
       (2) the maritime agreement should be similar to agreements 
     between the United States and governments of other countries 
     in the Caribbean and Latin America which have proven 
     beneficial to the counterdrug activities of the countries 
     concerned;
       (3) the Government of Mexico should carry through on its 
     promises to the United States Government regarding 
     cooperation between such governments in counternarcotics 
     activities, including cooperation in matters relating to 
     extradition, prosecutions for money laundering, and other 
     matters;
       (4) the Government of Mexico is to be commended for its 
     cooperation with and support of the United States Government 
     in many law enforcement matters; and
       (5) the continuing investigation by the Government of 
     Mexico of United States law enforcement personnel who 
     participated in the money laundering sting operation known as 
     CASABLANCA is an attempt by that government to embarrass and 
     harass such personnel even though such personnel were acting 
     within the scope of United States law and Mexican law in 
     pursuing drug traffickers and money launderers operating both 
     in the United States and in Mexico.

     SEC. 1205. SENSE OF CONGRESS REGARDING IRAN.

       It is the sense of Congress to express concern that Iran 
     was not included on the most recent list of countries 
     determined to be major drug-transit counties or major illicit 
     drug producing countries despite recent evidence that Iran is 
     a production and transfer point for narcotics.

     SEC. 1206. SENSE OF CONGRESS REGARDING SYRIA.

       It is the sense of Congress to express concern that Syria 
     was not included on the most recent list of countries 
     determined to be major drug-transit counties or major illicit 
     drug producing countries despite recent evidence that Syria 
     is a trans-shipment point for narcotics from Turkey and from 
     Afghanistan.

     SEC. 1207. BRAZIL.

       (a) King Air Aircraft for DEA Activities in Brazil.--
     Notwithstanding any other provision of law, the Administrator 
     of the Drug Enforcement Administration may--
       (1) purchase a King Air aircraft for purposes of 
     Administration activities in Brazil; and
       (2) station the aircraft in Brazil for purposes of such 
     activities.
       (b) Sense of Congress Regarding Assistance to Brazil.--It 
     is the sense of Congress--
       (1) to encourage the President to review the nature of the 
     cooperation between the United States and Brazil in 
     counternarcotics activities;
       (2) to recognize the extraordinary threat that narcotics 
     trafficking poses to the national security of Brazil and to 
     the national security of the United States;
       (3) to applaud the efforts of the Brazil Government to 
     control drug trafficking in and through the Amazon River 
     basin;
       (4) to applaud the enactment of legislation by the Brazil 
     Congress that--
       (A) authorizes appropriate personnel to damage, render 
     inoperative, or destroy aircraft within Brazil territory that 
     are reasonably suspected to be engaged primarily in 
     trafficking in illicit narcotics; and
       (B) contains measures to protect against the loss of 
     innocent life during activities referred to in subparagraph 
     (A), including a effective measure to identify and warn 
     aircraft before the use of force; and
       (5) to urge the President to issue a statement outlining 
     the matters referred to in paragraphs (1) through (4) in 
     order to prevent any interruption in the current provision by 
     the United States of operational, logistical, technical, 
     administrative, and intelligence assistance to Brazil.

     SEC. 1208. JAMAICA.

       (a) Requirement for Aerial Survey.--The President shall 
     take appropriate actions in order to provide for a 
     comprehensive aerial survey of Jamaica for purposes of 
     determining the quantity and location of any marijuana and 
     other illegal drugs being grown in Jamaica.
       (b) Sense of Congress.--It is the sense of Congress to 
     express disappointment regarding the lack of progress and 
     cooperation between the United States and Jamaica in 
     counternarcotics activities.

     SEC. 1209. SENSE OF CONGRESS REGARDING NORTH KOREA.

       It is the sense of Congress--
       (1) to be concerned regarding an increase in the number of 
     reports of drug trafficking in and through North Korea;
       (2) to encourage the President to submit to Congress the 
     reports, if any, required by law regarding the production and 
     trafficking of narcotics in or through North Korea; and
       (3) to express concern that the Department of State has 
     evaded its obligations with respect to North Korea under 
     section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2291j), and thereby diminished the significance to the United 
     States of narcotics production and transit in and through 
     North Korea, in order to enhance cultural exchanges between 
     the United States and North Korea.
           Subtitle C--Foreign Military Counter-Drug Support

     SEC. 1301. REPORT.

       (a) Monthly Report.--The Department of State and the 
     Department of Defense shall report monthly to the Committee 
     on International Relations and the Committee on National 
     Security of the House of Representatives and the Committee on 
     Foreign Relations and the Committee on Armed Services of the 
     Senate on the current status of any formal letter of request 
     for any foreign military sales of counter narcotics-related 
     assistance from the head of any police, military, or other 
     appropriate security agency official in an Andean Country. 
     This report shall include--
       (1) the date the initial request was made;
       (2) the current status of the request;
       (3) the remaining approvals needed to process the request;

[[Page S357]]

       (4) the date that the request has been approved by all 
     relevant departments and agencies; and
       (5) the expected delivery time for the requested material.
       (b) Analysis.--The Department of State shall review and 
     forward to Congress an analysis of the current foreign 
     military sales program within 180 days (from time of 
     enactment). This review shall focus on--
       (1) what, if any, are the current delays in the foreign 
     military sales program;
       (2) the manner in which the program can be streamlined;
       (3) the manner in which the efficiency of processing 
     requested equipment can be increased; and
       (4) what, if any, legislative changes are necessary to 
     improve the program so that the time from request to delivery 
     is minimized.
                Subtitle D--Money Laundering Deterrence

     SEC. 1401. SHORT TITLE.

       This subtitle may be cited as the ``Money Laundering 
     Deterrence Act of 1999''.

     SEC. 1402. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the dollar amount involved in international money 
     laundering likely exceeds $500,000,000,000 annually;
       (2) organized crime groups are continually devising new 
     methods to launder the proceeds of illegal activities in an 
     effort to subvert the transaction reporting requirements of 
     subchapter II of chapter 53 of title 31, United States Code, 
     and chapter 2 of Public Law 91-508;
       (3) a number of methods to launder the proceeds of criminal 
     activity were identified and described in congressional 
     hearings, including the use of financial service providers 
     that are not depository institutions, such as money 
     transmitters and check cashing services, the purchase and 
     resale of durable goods, and the exchange of foreign currency 
     in the so-called ``black market'';
       (4) recent successes in combating domestic money laundering 
     have involved the application of the heretofore seldom-used 
     authority granted to the Secretary of the Treasury and the 
     cooperative efforts of Federal, State, and local law 
     enforcement agencies; and
       (5) such successes have been exemplified by the 
     implementation of the geographic targeting order in New York 
     City and through the work of the El Dorado task force, a 
     group comprised of agents of Department of the Treasury law 
     enforcement agencies, New York State troopers, and New York 
     City police officers.
       (b) Purposes.--The purposes of this title are--
       (1) to amend subchapter II of chapter 53 of title 31, 
     United States Code, to provide the law enforcement community 
     with the necessary legal authority to combat money 
     laundering;
       (2) to broaden the law enforcement community's access to 
     transactional information already being collected that 
     relates to coins and currency received in a nonfinancial 
     trade or business; and
       (3) to express the sense of Congress that the Secretary of 
     the Treasury should expedite the development and 
     implementation of controls designed to deter money laundering 
     activities at certain types of financial institutions.

     SEC. 1403. REPORTING OF SUSPICIOUS ACTIVITIES.

       (a) Amendment Relating to Civil Liability Immunity for 
     Disclosures.--Section 5318(g)(3) of title 31, United States 
     Code, is amended to read as follows:
       ``(3) Liability for disclosures.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, an exempted entity, as defined in subparagraph (B), 
     shall not be liable to any person under any law or regulation 
     of the United States, any constitution, law, or regulation of 
     any State or political subdivision thereof, or under any 
     contract or other legally enforceable agreement (including 
     any arbitration agreement), for a disclosure described in 
     subparagraph (B)(i), or for any failure to notify the person 
     who is the subject of the disclosure or any other person 
     identified in the disclosure.
       ``(B) Exempted entities.--For purposes of this paragraph, 
     the term `exempted entity' means--
       ``(i) any financial institution that--

       ``(I) makes a disclosure of any possible violation of law 
     or regulation to an appropriate government agency; or
       ``(II) makes a disclosure pursuant to this subsection or 
     any other authority;

       ``(ii) any director, officer, employee, or agent of an 
     institution referred to in clause (i) who makes, or requires 
     another to make a disclosure referred to in clause (i); and
       ``(iii) any independent public accountant who audits any 
     such financial institution and makes a disclosure described 
     in clause (i).''.
       (b) Prohibition on Notification of Disclosures.--Section 
     5318(g)(2) of title 31, United States Code, is amended to 
     read as follows:
       ``(2) Notification prohibited.--
       ``(A) In general.--If a financial institution, any 
     director, officer, employee, or agent of any financial 
     institution, or any independent public accountant who audits 
     any such financial institution, voluntarily or pursuant to 
     this section or any other authority, reports a suspicious 
     transaction to an appropriate government agency--
       ``(i) the financial institution, director, officer, 
     employee, agent, or accountant may not notify any person 
     involved in the transaction that the transaction has been 
     reported and may not disclose any information included in the 
     report to any such person; and
       ``(ii) no other person, including any officer or employee 
     of any government, who has any knowledge that such report was 
     made, may disclose to any other person or government agency 
     the fact that such report was made.
       ``(B) Exception for use by government officers in official 
     capacity.--Paragraph (1) does not apply to the use or 
     disclosure by an officer or employee of an appropriate 
     government agency of any report under this subsection, or 
     information included in the report, to the extent that the 
     use is made solely in conjunction with the performance of the 
     official duties of the officer or employee to conduct or 
     assist in the conduct of a law enforcement or regulatory 
     inquiry, investigation, or proceeding.
       ``(C) Coordination with paragraph (5).--Subparagraph (A) 
     shall not be construed to prohibit any financial institution, 
     or any director, officer, employee, or agent of a financial 
     institution, from including, in a written employment 
     reference that is provided in accordance with paragraph (5) 
     in response to a request from another financial institution, 
     information that was included in a report to which 
     subparagraph (A) applies, but such written employment 
     reference may not disclose that the information was also 
     included in any such report or that a report was made.''.
       (c) Authorization To Include Suspicions of Illegal Activity 
     in Employment References.--Section 5318(g) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Employment references may include suspicions of 
     involvement in illegal activity.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, and subject to subparagraph (B) of this paragraph and 
     paragraph (2)(C), any financial institution, and any 
     director, officer, employee, or agent of a financial 
     institution, may disclose, in any written employment 
     reference relating to a current or former institution-
     affiliated party of the institution that is provided to 
     another financial institution in response to a request from 
     the other institution, information concerning the possible 
     involvement of the institution-affiliated party in any 
     suspicious transaction relevant to a possible violation of 
     law or regulation.
       ``(B) Limit on liability for disclosures.--A financial 
     institution, and any director, officer, employee, or agent of 
     the institution, shall not be liable to any person under any 
     law or regulation of the United States, any constitution, 
     law, or regulation of any State or political subdivision 
     thereof, or under any contract or other legally enforceable 
     agreement (including any arbitration agreement), for any 
     disclosure under subparagraph (A), to the extent that--
       ``(i) the disclosure does not contain information that the 
     institution, director, officer, employee, agent, or 
     accountant knows to be false; and
       ``(ii) the institution, director, officer, employee, agent, 
     or accountant has not acted with malice or with reckless 
     disregard for the truth in making the disclosure.
       ``(C) Institution-affiliated party defined.--For purposes 
     of this paragraph, the term `institution-affiliated party' 
     has the same meaning as in section 3(u) of the Federal 
     Deposit Insurance Act, except that section 3(u) shall be 
     applied by substituting the term `financial institution' for 
     the term `insured depository institution'.''.
       (d) Amendments Relating to Availability of Suspicious 
     Activity Reports for Other Agencies.--Section 5319 of title 
     31, United States Code, is amended--
       (1) in the first sentence, by striking ``5314, or 5316'' 
     and inserting ``5313A, 5314, 5316, or 5318(g)'';
       (2) in the last sentence, by inserting ``under section 
     5313, 5313A, 5314, 5316, or 5318(g)'' after ``records of 
     reports''; and
       (3) by adding at the end the following: ``The Secretary of 
     the Treasury may permit the dissemination of information in 
     any such report to any self-regulatory organization (as 
     defined in section 3(a)(26) of the Securities Exchange Act of 
     1934), if the Securities and Exchange Commission determines 
     that the dissemination is necessary or appropriate to permit 
     the self-regulatory organization to perform its functions 
     under the Securities Exchange Act of 1934 and regulations 
     prescribed under that Act.''.

     SEC. 1404. EXPANSION OF SCOPE OF SUMMONS POWER.

       Section 5318(b)(1) of title 31, United States Code, is 
     amended by inserting ``examinations to determine compliance 
     with the requirements of this subchapter, section 21 of the 
     Federal Deposit Insurance Act, and chapter 2 of Public Law 
     91-508 and regulations prescribed pursuant to those 
     provisions, investigations relating to reports filed by 
     financial institutions or other persons pursuant to any such 
     provision or regulation, and'' after ``in connection with''.

     SEC. 1405. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING 
                   ORDERS AND CERTAIN RECORDKEEPING REQUIREMENTS.

       (a) Civil Penalty for Violation of Targeting Order.--
     Section 5321(a)(1) of title 31, United States Code, is 
     amended by inserting ``or order issued'' after ``regulation 
     prescribed''.
       (b) Criminal Penalties for Violation of Targeting Order.--
     Subsections (a) and (b) of section 5322 of title 31, United 
     States Code, are amended by inserting ``or order issued''

[[Page S358]]

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

     ``SEC. 126. CRIMINAL PENALTY.

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

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

       ``A person that willfully violates this chapter, section 21 
     of the Federal Deposit Insurance Act, or a regulation 
     prescribed under this chapter or that section 21, while 
     violating another law of the United States or as part of a 
     pattern of any illegal activity involving more than $100,000 
     in a 12-month period, shall be fined not more than $500,000, 
     imprisoned for not more than 10 years, or both.''.

     SEC. 1406. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

       Section 407(d) of the Money Laundering Suppression Act of 
     1994 (31 U.S.C. 5311 note) is amended by striking 
     ``subsection (c)'' and inserting ``subsection (c)(2)''.

     SEC. 1407. LIMITED EXEMPTION FROM PAPERWORK REDUCTION ACT.

       Section 3518(c)(1) of title 44, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) pursuant to regulations prescribed or orders issued 
     by the Secretary of the Treasury under section 5318(h) or 
     5326 of title 31;''.

     SEC. 1408. SENSE OF CONGRESS.

       It is the sense of Congress that the Secretary of the 
     Treasury should, in conjunction with the Board of Governors 
     of the Federal Reserve System, expedite the promulgation of 
     ``know your customer'' regulations for financial 
     institutions.
    Subtitle E--Additional Funding For Source and Interdiction Zone 
                               Countries

     SEC. 1501. SOURCE ZONE COUNTRIES.

       In addition to other amounts appropriated for Colombia and 
     Peru for counternarcotics operations for a fiscal year, there 
     is authorized to be appropriated--
       (1) $20,000,000 for Peru for each of fiscal years 2000 and 
     2001 for supporting additional surveillance, pursuit of drug 
     aircraft, and general support for counternarcotics 
     operations;
       (2) $75,000,000 for Colombia for each of fiscal years 2000 
     and 2001, for supporting additional surveillance, pursuit of 
     drug aircraft, and general support for counternarcotics 
     operations, including the acquisition of a minimum of 3 
     Blackhawk helicopters and 2 aerostats; and
       (3) $52,000,000 for Bolivian counternarcotics programs for 
     fiscal year 2000, including high technology detection 
     equipment for the Chapare region, institution building, and 
     law enforcement support.

     SEC. 1502. CENTRAL AMERICA.

       In addition to the other amounts appropriated, under this 
     Act or any other provision of law, for counternarcotics 
     matters for countries in Central America, there is authorized 
     to be appropriated $25,000,000 for fiscal year 2000 for 
     enhanced efforts in counternarcotics matters by the United 
     States Coast Guard, the United States Customs Service, and 
     other law enforcement agencies.
                   TITLE II--DOMESTIC LAW ENFORCEMENT
                     Subtitle A--Criminal Offenders

     SEC. 2001. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED 
                   VIOLENT CRIMINALS.

       (a) Congressional Oversight.--
       (1) Report to attorney general.--Not later than 90 days 
     after the date of enactment of this Act, the Attorney General 
     shall require each United States Attorney to--
       (A) establish an armed violent criminal apprehension task 
     force comprised of appropriate law enforcement 
     representatives, which shall be responsible for developing 
     strategies for removing armed violent criminals from the 
     streets; and
       (B) not less frequently than monthly, report to the 
     Attorney General on the number of defendants charged with, or 
     convicted of, violating section 922(g) or 924 of title 18, 
     United States Code, in the district for which the United 
     States Attorney is appointed.
       (2) Report to congress.--The Attorney General shall prepare 
     and submit a report to the Congress once every 6 months 
     detailing the contents of the reports submitted pursuant to 
     paragraph (1)(B).
       (b) Pretrial Detention For Possession of Firearms or 
     Explosives By Convicted Felons.--Section 3156(a)(4) of title 
     18, United States Code, is amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by striking ``and'' at the end of subparagraph (C) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) an offense that is a violation of section 842(i) or 
     922(g) (relating to possession of explosives or firearms by 
     convicted felons); and''.
       (c) Conforming Scienter Change For Transferring a Firearm 
     to Commit a Crime of Violence.--Section 924(h) of title 18, 
     United States Code, is amended by inserting ``or having 
     reasonable cause to believe'' after ``knowing''.
       (d) Firearms Possession By Violent Felons and Serious Drug 
     Offenders.--Section 924(a)(2) of title 18, United States 
     Code, is amended--
       (1) by striking ``(2) Whoever'' and inserting ``(2)(A) 
     Except as provided in subparagraph (B), any person who''; and
       (2) by adding at the end the following:
       ``(B) Notwithstanding any other provision of law, the court 
     shall not grant a probationary sentence to a person who has 
     more than 1 previous conviction for a violent felony or a 
     serious drug offense, committed under different 
     circumstances.''.

     SEC. 2002. CRIMINAL ATTEMPT.

       (a) Establishment of General Attempt Offense.--
       (1) In general.--Chapter 19 of title 18, United States 
     Code, is amended--
       (A) in the chapter heading, by striking ``Conspiracy'' and 
     inserting ``Inchoate offenses''; and
       (B) by adding at the end the following:

     ``Sec. 374. Attempt to commit offense

       ``(a) In General.--Whoever, acting with the state of mind 
     otherwise required for the commission of an offense described 
     in this title, intentionally engages in conduct that, in 
     fact, constitutes a substantial step toward the commission of 
     the offense, is guilty of an attempt and is subject to the 
     same penalties as those prescribed for the offense, the 
     commission of which was the object of the attempt, except 
     that the penalty of death shall not be imposed.
       ``(b) Inability To Commit Offense; Completion of Offense.--
     It is not a defense to a prosecution under this section--
       ``(1) that it was factually impossible for the actor to 
     commit the offense, if the offense could have been committed 
     had the circumstances been as the actor believed them to be; 
     or
       ``(2) that the offense attempted was completed.
       ``(c) Exceptions.--This section does not apply--
       ``(1) to an offense consisting of conspiracy, attempt, 
     endeavor, or solicitation;
       ``(2) to an offense consisting of an omission, refusal, 
     failure of refraining to act;
       ``(3) to an offense involving negligent conduct; or
       ``(4) to an offense described in section 1118, 1120, 1121, 
     or 1153 of this title.
       ``(d) Affirmative Defense.--
       ``(1) In general.--It is an affirmative defense to a 
     prosecution under this section, on which the defendant bears 
     the burden of persuasion by a preponderance of the evidence, 
     that, under circumstances manifesting a voluntary and 
     complete renunciation of criminal intent, the defendant 
     prevented the commission of the offense.
       ``(2) Definition.--For purposes of this subsection, a 
     renunciation is not `voluntary and complete' if it is 
     motivated in whole or in part by circumstances that increase 
     the probability of detection or apprehension or that make it 
     more difficult to accomplish the offense, or by a decision to 
     postpone the offense until a more advantageous time or to 
     transfer the criminal effort to a similar objective or 
     victim.''.
       (2) Technical and conforming amendment.--The analysis for 
     chapter 19 of title 18, United States Code, is amended by 
     adding at the end the following:

``374. Attempt to commit offense.''.
       (b) Rationalization of Conspiracy Penalty and Creation of 
     Renunciation Defense.--Section 371 of title 18, United States 
     Code, is amended--
       (1) by striking the second undesignated paragraph; and
       (2) in the first undesignated paragraph--
       (A) by striking ``If two or more'' and inserting the 
     following:

[[Page S359]]

       ``(a) In General.--If 2 or more''; and
       (B) by striking ``either to commit any offense against the 
     United States, or''; and
       (3) by adding at the end the following:
       ``(b) Conspiracy.--If 2 or more persons conspire to commit 
     any offense against the United States, and 1 or more of such 
     persons do any act to effect the object of the conspiracy, 
     each shall be subject to the same penalties as those 
     prescribed for the most serious offense, the commission of 
     which was the object of the conspiracy, except that the 
     penalty of death shall not be imposed.''.

     SEC. 2003. DRUG OFFENSES COMMITTED IN THE PRESENCE OF 
                   CHILDREN.

       (a) In General.--For the purposes of this Act, an offense 
     is committed in the presence of a child if--
       (1) it takes place in the line of sight of an individual 
     who has not attained the age of 18 years; or
       (2) an individual who has not attained the age of 18 years 
     habitually resides in the place where the violation occurs.
       (b) Guidelines.--Not later than 120 days after the date of 
     enactment of this Act, the United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     provide, with respect to an offense under part D of the 
     Controlled Substances Act is committed in the presence of a 
     child--
       (1) a sentencing enhancement of not less than 2 offense 
     levels above the base offense level for the underlying 
     offense or 1 additional year, whichever is greater; and
       (2) in the case of a second or subsequent such offense, a 
     sentencing enhancement of not less than 4 offense levels 
     above the base offense level for the underlying offense, or 2 
     additional years, whichever is greater.

     SEC. 2004. SENSE OF CONGRESS ON BORDER DEFENSE.

       (a) Findings.--Congress finds that--
       (1) the Southwest Border of the United States is a major 
     crossing point for more than 60 percent of the cocaine 
     entering the United States from Latin America;
       (2) drug traffickers are increasingly using violence to 
     threaten local residents, to endanger lives, and destroy 
     property;
       (3) drug traffickers are creating a law enforcement no-
     man's land to facilitate drug trafficking on the Mexican side 
     of the common border and using extortionate methods, illegal 
     riches, and intimidation to acquire property on the United 
     States side of the border; and
       (4) United States law enforcement efforts have been 
     insufficient to protect lives and property or to prevent the 
     use of illegally obtained riches to acquire property.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President, in cooperation with the Government of 
     Mexico, should take immediate and effective action at and 
     near the United States border with Mexico to control violence 
     and other illegal acts directed at the respective residents 
     of both countries; and
       (2) the Attorney General should submit to the Committees on 
     the Judiciary of the House of Representatives and the Senate 
     a report on--
       (A) what steps are being taken to ensure the safety of 
     United States citizens at and near the United States border 
     with Mexico;
       (B) what steps are being taken to prevent the illegal 
     acquisition of sites and facilities at or near the border by 
     drug traffickers; and
       (C) what further steps need to be taken to ensure the 
     safety and well being of the people of the United States 
     along the United States border with Mexico.

     SEC. 2005. CLONE PAGERS.

       (a) In General.--Section 2511(2)(h) of title 18, United 
     States Code, is amended by striking clause (i) and inserting 
     the following:
       ``(i) to use a pen register, a trap and trace device, or a 
     clone pager, as those terms are defined in chapter 206 
     (relating to pen registers, trap and trace devices, and clone 
     pagers) of this title; or'';
       (b) Exception.--Section 3121 of title 18, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Except as provided in this section, no 
     person may install or use a pen register, trap and trace 
     device, or clone pager without first obtaining a court order 
     under section 3123 or section 3129 of this title, or under 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801 et seq.).'';
       (2) in subsection (b), by striking ``a pen register or a 
     trap and trace device'' and inserting ``a pen register, trap 
     and trace device, or clone pager''; and
       (3) by striking the section heading and inserting the 
     following:

     ``Sec. 3121. General prohibition on pen register, trap and 
       trace device, and clone pager use; exception''.

       (c) Assistance.--Section 3124 of title 18, United States 
     Code, is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Clone Pager.--Upon the request of an attorney for the 
     Government or an officer of a law enforcement agency 
     authorized to use a clone pager under this chapter, a 
     provider of electronic communication service shall furnish to 
     such investigative or law enforcement officer all 
     information, facilities, and technical assistance necessary 
     to accomplish the use of the clone pager unobtrusively and 
     with a minimum of interference with the services that the 
     person so ordered by the court provides to the subscriber, if 
     such assistance is directed by a court order, as provided in 
     section 3129(b)(2) of this title.''; and
       (3) by striking the section heading and inserting the 
     following:

     ``Sec. 3124. Assistance in installation and use of a pen 
       register, trap and trace device, or clone pager''.

       (d) Emergency Installations.--Section 3125 of title 18, 
     United States Code, is amended--
       (1) by striking ``pen register or a trap and trace device'' 
     and ``pen register or trap and trace device'' each place 
     those terms appear, and inserting ``pen register, trap and 
     trace device, or clone pager'';
       (2) in subsection (a), by striking ``an order approving the 
     installation or use is issued in accordance with section 3123 
     of this title'' and inserting ``an application is made for an 
     order approving the installation or use in accordance with 
     section 3122 or section 3128 of this title'';
       (3) in subsection (b), by adding at the end the following: 
     ``In the event that such application for the use of a clone 
     pager is denied, or in any other case in which the use of the 
     clone pager is terminated without an order having been 
     issued, an inventory shall be served as provided for in 
     section 3129(e).''; and
       (4) by striking the section heading and inserting the 
     following:

     ``Sec. 3125. Emergency pen register, trap and trace device, 
       and clone pager installation and use''.

       (e) Reports.--Section 3126 of title 18, United States Code, 
     is amended--
       (1) by striking ``pen register orders and orders for trap 
     and trace devices'' and inserting ``orders for pen registers, 
     trap and trace devices, and clone pagers''; and
       (2) by striking the section heading and inserting the 
     following:

     ``Sec. 3126. Reports concerning pen registers, trap and trace 
       devices, and clone pagers''.

       (f) Definitions.--Section 3127 of title 18, United States 
     Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``or'' at the end; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) with respect to an application for the use of a pen 
     register or trap and trace device, a court of general 
     criminal jurisdiction of a State authorized by the law of 
     that State to enter orders authorizing the use of a pen 
     register or a trap and trace device; or
       ``(C) with respect to an application for the use of a clone 
     pager, a court of general criminal jurisdiction of a State 
     authorized by the law of that State to issue orders 
     authorizing the use of a clone pager;'';
       (2) in paragraph (5), by striking ``and'' at the end;
       (3) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(7) the term `clone pager' means a numeric display device 
     that receives communications intended for another numeric 
     display paging device.''.
       (g) Applications.--Chapter 206 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3128. Application for an order for use of a clone 
       pager

       ``(a) Application.--
       ``(1) Federal representatives.--Any attorney for the 
     Government may apply to a court of competent jurisdiction for 
     an order or an extension of an order under section 3129 of 
     this title authorizing the use of a clone pager.
       ``(2) State representatives.--A State investigative or law 
     enforcement officer may, if authorized by a State statute, 
     apply to a court of competent jurisdiction of such State for 
     an order or an extension of an order under section 3129 of 
     this title authorizing the use of a clone pager.
       ``(b) Contents of Application.--An application under 
     subsection (a) of this section shall include--
       ``(1) the identity of the attorney for the Government or 
     the State law enforcement or investigative officer making the 
     application and the identity of the law enforcement agency 
     conducting the investigation;
       ``(2) the identity, if known, of the individual or 
     individuals using the numeric display paging device to be 
     cloned;
       ``(3) a description of the numeric display paging device to 
     be cloned;
       ``(4) a description of the offense to which the information 
     likely to be obtained by the clone pager relates;
       ``(5) the identity, if known, of the person who is subject 
     of the criminal investigation; and
       ``(6) an affidavit or affidavits, sworn to before the court 
     of competent jurisdiction, establishing probable cause to 
     believe that information relevant to an ongoing criminal 
     investigation being conducted by that agency will be obtained 
     through use of the clone pager.

     ``Sec. 3129. Issuance of an order for use of a clone pager

       ``(a) In General.--Upon an application made under section 
     3128 of this title, the court shall enter an ex parte order 
     authorizing the use of a clone pager within the jurisdiction 
     of the court if the court finds that the application has 
     established probable cause to believe that information 
     relevant to an ongoing criminal investigation being conducted 
     by that agency will be obtained through use of the clone 
     pager.

[[Page S360]]

       ``(b) Contents of an Order.--An order issued under this 
     section--
       ``(1) shall specify--
       ``(A) the identity, if known, of the individual or 
     individuals using the numeric display paging device to be 
     cloned;
       ``(B) the numeric display paging device to be cloned;
       ``(C) the identity, if known, of the subscriber to the 
     pager service; and
       ``(D) the offense to which the information likely to be 
     obtained by the clone pager relates; and
       ``(2) shall direct, upon the request of the applicant, the 
     furnishing of information, facilities, and technical 
     assistance necessary to use the clone pager under section 
     3124 of this title.
       ``(c) Time period and extensions.--
       ``(1) In general.--An order issued under this section shall 
     authorize the use of a clone pager for a period not to exceed 
     30 days. Such 30-day period shall begin on the earlier of the 
     day on which the investigative or law enforcement officer 
     first begins use of the clone pager under the order or the 
     tenth day after the order is entered.
       ``(2) Extensions.--Extensions of an order issued under this 
     section may be granted, but only upon an application for an 
     order under section 3128 of this title and upon the judicial 
     finding required by subsection (a). An extension under this 
     paragraph shall be for a period not to exceed 30 days.
       ``(3) Report.--Within a reasonable time after the 
     termination of the period of a clone pager order or any 
     extensions thereof under this subsection, the applicant shall 
     report to the issuing court the number of numeric pager 
     messages acquired through the use of the clone pager during 
     such period.
       ``(d) Nondisclosure of existence of clone pager.--An order 
     authorizing the use of a clone pager shall direct that--
       ``(1) the order shall be sealed until otherwise ordered by 
     the court; and
       ``(2) the person who has been ordered by the court to 
     provide assistance to the applicant may not disclose the 
     existence of the clone pager or the existence of the 
     investigation to the listed subscriber, or to any other 
     person, until otherwise ordered by the court.
       ``(e) Notification.--Within a reasonable time, not later 
     than 90 days after the date of termination of the period of a 
     clone pager order or any extensions thereof, the issuing 
     judge shall cause to be served, on the individual or 
     individuals using the numeric display paging device that was 
     cloned, an inventory including notice of--
       ``(1) the fact of the entry of the order or the 
     application;
       ``(2) the date of the entry and the period of clone pager 
     use authorized, or the denial of the application; and
       ``(3) whether or not information was obtained through the 
     use of the clone pager. Upon an ex-parte showing of good 
     cause, a court of competent jurisdiction may in its 
     discretion postpone the serving of the notice required by 
     this section.''.
       (h) Clerical Amendments.--The table of sections for chapter 
     206 of title 18, United States Code, is amended--
       (1) by striking the item relating to section 3121 and 
     inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
              clone pager use; exception.'';

       (2) by striking the items relating to sections 3124, 3125, 
     and 3126 and inserting the following:

``3124. Assistance in installation and use of a pen register, trap and 
              trace device, or clone pager.
``3125. Emergency pen register, trap and trace device, and clone pager 
              installation and use.
``3126. Reports concerning pen registers, trap and trace devices, and 
              clone pagers.''; and

       (3) by adding at the end the following:

``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager''.

       (i) Conforming Amendment.--Section 605(a) of title 47, 
     United States Code, is amended by striking ``chapter 119'' 
     and inserting ``chapters 119 and 206''.
             Subtitle B--Methamphetamine Laboratory Cleanup

     SEC. 2101. SENSE OF CONGRESS REGARDING METHAMPHETAMINE 
                   LABORATORY CLEANUP.

       (a) Findings.--Congress finds that--
       (1) methamphetamine use is increasing;
       (2) the production of methamphetamine is increasingly 
     taking place in laboratories located in rural and urban 
     areas;
       (3) this production involves dangerous and explosive 
     chemicals that are dumped in an unsafe manner; and
       (4) the cost of cleaning up these productionsites involves 
     major financial burdens on State and local law enforcement 
     agencies.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Administrator of the Drug Enforcement 
     Administration should develop a comprehensive plan for 
     addressing the need for the speedy and safe clean up of 
     methamphetamine laboratory sites; and
       (2) the Federal Government should allocate sufficient 
     funding to pay for a comprehensive effort to clean up 
     methamphetamine laboratory sites.
        Subtitle C--Powder Cocaine Mandatory Minimum Sentencing

     SEC. 2201. SENTENCING FOR VIOLATIONS INVOLVING COCAINE 
                   POWDER.

       (a) Amendment of Controlled Substances Act.--
       (1) Large quantities.--Section 401(b)(1)(A)(ii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(ii)) is 
     amended by striking ``5 kilograms'' and inserting ``500 
     grams''.
       (2) Small quantities.--Section 401(b)(1)(B)(ii) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is 
     amended by striking ``500 grams'' and inserting ``50 grams''.
       (b) Amendment of Controlled Substances Import and Export 
     Act.--
       (1) Large quantities.--Section 1010(b)(1)(B) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(1)(B)) is amended by striking ``5 kilograms'' and 
     inserting ``500 grams''.
       (2) Small quantities.--Section 1010(b)(2)(B) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)(2)(B)) is amended by striking ``500 grams'' and 
     inserting ``50 grams''.
       (c) Amendment of Sentencing Guidelines.--Pursuant to 
     section 994 of title 28, United States Code, the United 
     States Sentencing Commission shall amend the Federal 
     sentencing guidelines to reflect the amendments made by this 
     section.
                     Subtitle D--Drug-Free Borders

     SEC. 2301. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE.

       Section 542 of title 18, United States Code, is amended by 
     striking ``two years'' and inserting ``5 years''.

     SEC. 2302. INCREASED NUMBER OF BORDER PATROL AGENTS.

       Section 101(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 
     Stat. 3009-553) is amended to read as follows:
       ``(a) Increased Number of Border Patrol Agents.--The 
     Attorney General in each of fiscal years 2000, 2001, 2002, 
     2003, and 2004 shall increase by not less than 1,500 the 
     number of positions for full-time, active-duty border patrol 
     agents within the Immigration and Naturalization Service 
     above the number of such positions for which funds were 
     allotted for the preceding fiscal year, to achieve a level of 
     15,000 positions by fiscal year 2004.''.

     SEC. 2303. ENHANCED BORDER PATROL PURSUIT POLICY.

       A border patrol agent of the United States Border Patrol 
     may not cease pursuit of an alien who the agent suspects has 
     unlawfully entered the United States, or an individual who 
     the agent suspects has unlawfully imported a narcotic into 
     the United States, until State or local law enforcement 
     authorities are in pursuit of the alien or individual and 
     have the alien or individual in their visual range.
                      TITLE III--DEMAND REDUCTION
            Subtitle A--Education, Prevention, and Treatment

     SEC. 3001. SENSE OF CONGRESS ON REAUTHORIZATION OF SAFE AND 
                   DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 1994.

       (a) Findings.--Congress finds that--
       (1) drug and alcohol use continue to plague the Nation's 
     youth;
       (2) approximately 5.6 percent of high school seniors 
     currently smoke marijuana daily;
       (3) the American public has identified drugs as the most 
     serious problem facing its children today;
       (4) delinquent behavior is clearly linked to the frequency 
     of marijuana use; and
       (5) 89 percent of students in grades 6 through 12 say their 
     teachers have taught them about the dangers of drugs and 
     alcohol.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress and the President should make the reauthorization of 
     the Safe and Drug-Free Schools and Communities Act of 1994 a 
     high priority for the 106th Congress, and that such 
     reauthorization should maintain substance abuse prevention as 
     a major focus of the program.

     SEC. 3002. SENSE OF CONGRESS REGARDING REAUTHORIZATION OF 
                   PREVENTION AND TREATMENT PROGRAMS.

       (a) Findings.--Congress finds that--
       (1) 34.8 percent of Americans 12 years of age and older 
     have used an illegal drug in their lifetime and 90 percent of 
     these individuals have used marijuana or hashish and 
     approximately 30 percent have tried cocaine;
       (2) the number of teenagers using drugs has increased 
     significantly over the past 5 years;
       (3) drug abuse is a health issue being faced in every 
     community, town, State and region of this country;
       (4) no one is immune from drug abuse, and such abuse 
     threatens Americans of every socioeconomic background, every 
     educational level, and every race and ethnic origin;
       (5) in 1990 the United States spent $67,000,000,000 on 
     drug-related disorders including health costs, the costs of 
     crime, the costs of accidents and other damages to 
     individuals and property, and the costs of the loss of 
     productivity and premature death;
       (6) comprehensive prevention activities can help youth in 
     saying no to drugs;
       (7) there are over 6,000 community coalitions throughout 
     the Nation helping the youth of America chose a healthy life 
     style;
       (8) individuals with addictive disorders should be held 
     accountable for their actions and should be offered treatment 
     to help change destructive behavior;
       (9) a balanced approach to dealing with drug abuse is 
     needed in the United States between reducing the demand for 
     drugs and the

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     supply of those drugs and a comprehensive plan for addressing 
     drug abuse will involve prevention, education and treatment 
     as well as law enforcement and interdiction; and
       (10) the Substance Abuse and Mental Health Services 
     Administration is the lead Federal agency for substance abuse 
     prevention and treatment initiatives.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress and the President should--
       (1) make the reauthorization of Federal substance abuse 
     prevention and treatment programs a high priority for the 
     106th Congress; and
       (2) provide more flexibility to States in the use of 
     Federal funds for provision of drug abuse prevention and 
     treatment services while holding States accountable for their 
     performance.

     SEC. 3003. REPORT ON DRUG-TESTING TECHNOLOGIES.

       (a) Requirement.--The National Institute on Standards and 
     Technology shall conduct a study of drug-testing technologies 
     in order to identify and assess the efficacy, accuracy, and 
     usefulness for purposes of the National effort to detect the 
     use of illicit drugs of any drug-testing technologies 
     (including the testing of hair) that may be used as 
     alternatives or complements to urinalysis as a means of 
     detecting the use of such drugs.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Institute shall submit to Congress 
     a report on the results of the study conducted under 
     subsection (a).

     SEC. 3004. USE OF NATIONAL INSTITUTES OF HEALTH SUBSTANCE 
                   ABUSE RESEARCH.

       (a) National Institute on Alcohol Abuse and Alcoholism.--
     Section 464H of the Public Health Service Act (42 U.S.C. 
     285n) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Requirement to Ensure That Research Aids 
     Practitioners.--The Director, in conjunction with the 
     Director of the National Institute on Drug Abuse and the 
     Director of the Center for Substance Abuse Treatment, shall--
       ``(1) ensure that the results of all current alcohol 
     research that is set aside for services (and other 
     appropriate research with practical consequences) is widely 
     disseminated to treatment practitioners in an easily 
     understandable format;
       ``(2) ensure that such research results are disseminated in 
     a manner that provides easily understandable steps for the 
     implementation of best practices based on the research; and
       ``(3) make technical assistance available to the Center for 
     Substance Abuse Treatment to assist alcohol and drug 
     treatment practitioners to make permanent changes in 
     treatment activities through the use of successful treatment 
     models.''.
       (b) National Institute on Drug Abuse.--Section 464L of the 
     Public Health Service Act (42 U.S.C. 285o) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Requirement to Ensure That Research Aids 
     Practitioners.--The Director, in conjunction with the 
     Director of the National Institute on Alcohol Abuse and 
     Alcoholism and the Director of the Center for Substance Abuse 
     Treatment, shall--
       ``(1) ensure that the results of all current drug abuse 
     research that is set aside for services (and other 
     appropriate research with practical consequences) is widely 
     disseminated to treatment practitioners in an easily 
     understandable format;
       ``(2) ensure that such research results are disseminated in 
     a manner that provides easily understandable steps for the 
     implementation of best practices based on the research; and
       ``(3) make technical assistance available to the Center for 
     Substance Abuse Treatment to assist alcohol and drug 
     treatment practitioners to make permanent changes in 
     treatment activities through the use of successful treatment 
     models.''.

     SEC. 3005. NEEDLE EXCHANGE.

       (a) Prohibition Regarding Illegal Drugs and Distribution of 
     Hypodermic Needles.--Part B of title II of the Public Health 
     Service Act (42 U.S.C. 238 et seq.) is amended by adding at 
     the end the following section:


 ``prohibition regarding illegal drugs and distribution of hypodermic 
                                needles

       ``Sec. 247. Notwithstanding any other provision of law, 
     none of the amounts made available under any Federal law for 
     any fiscal year may be expended, directly or indirectly, to 
     carry out any program of distributing sterile needles or 
     syringes for the hypodermic injection of any illegal drug.''.
       (b) Conforming Amendment.--Section 506 of Public Law 105-78 
     is repealed.

     SEC. 3006. DRUG-FREE TEEN DRIVERS INCENTIVE.

       (a) In general.--The Secretary of Transportation shall 
     establish an incentive grant program for States to assist the 
     States in improving their laws relating to controlled 
     substances and driving.
       (b) Grant requirements.--To qualify for a grant under 
     subsection (a), a State shall carry out the following:
       (1) Enact, actively enforce, and publicize a law that makes 
     it illegal to drive in the State with any measurable amount 
     of an illegal controlled substance in the driver's body. An 
     illegal controlled substance is a controlled substance for 
     which an individual does not have a legal written 
     prescription. An individual who is convicted of such illegal 
     driving shall be referred to appropriate services, including 
     intervention, counselling, and treatment.
       (2) Enact, actively enforce, and publicize a law that makes 
     it illegal to drive in the State when driving is impaired by 
     the presence of any drug. The State shall provide that in the 
     enforcement of such law, a driver shall be tested for the 
     presence of a drug when there is evidence of impaired driving 
     and a driver will have the driver's license suspended. An 
     individual who is convicted of such illegal driving shall be 
     referred to appropriate services, including intervention, 
     counselling, and treatment.
       (3) Enact, actively enforce, and publicize a law that 
     authorizes the suspension of a driver's license if the driver 
     is convicted of any criminal offense relating to drugs.
       (4) Enact a law that provides that beginning driver 
     applicants and other individuals applying for or renewing a 
     driver's license will be provided information about the laws 
     referred to in paragraphs (1), (2), and (3) and will be 
     required to answer drug-related questions on their 
     applications.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated $10,000,000 for each of fiscal years 2000 
     through 2004 to carry out this section.

     SEC. 3007. DRUG-FREE SCHOOLS.

       Congress finds that--
       (1) the continued presence in schools of violent students 
     who are a threat to both teachers and other students is 
     incompatible with a safe learning environment;
       (2) unsafe school environments place students who are 
     already at risk of school failure for other reasons in 
     further jeopardy;
       (3) recently, over one-fourth of high school students 
     surveyed reported being threatened at school;
       (4) 2,000,000 more children are using drugs in 1997 than 
     were doing so a few short years prior to 1997;
       (5) more of our children are becoming involved with hard 
     drugs at earlier ages, as use of heroin and cocaine by 8th 
     graders has more than doubled since 1991; and
       (6) greater cooperation between schools, parents, law 
     enforcement, the courts, and the community is essential to 
     making our schools safe from drugs and violence.

     SEC. 3008. VICTIM AND WITNESS ASSISTANCE PROGRAMS FOR 
                   TEACHERS AND STUDENTS.

       (a) Victim Compensation.--Section 1403 of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10602) is amended by adding at 
     the end the following:
       ``(f) Victims of School Violence.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, an eligible crime victim compensation program may expend 
     funds appropriated under paragraph (2) to offer compensation 
     to elementary and secondary school students or teachers who 
     are victims of elementary and secondary school violence (as 
     school violence is defined under applicable State law).
       ``(2) Funding.--There is authorized to be appropriated such 
     sums as may be necessary to carry out paragraph (1).''.
       (b) Victim and Witness Assistance.--Section 1404(c) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10603(c)) is amended 
     by adding at the end the following:
       ``(5) Assistance for victims of and witnesses to school 
     violence.--Notwithstanding any other provision of law, the 
     Director may make a grant under this section for a 
     demonstration project or for training and technical 
     assistance services to a program that--
       ``(A) assists State educational agencies and local 
     educational agencies (as the terms are defined in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801)) in developing, establishing, and operating 
     programs that are designed to protect victims of and 
     witnesses to incidents of elementary and secondary school 
     violence (as school violence is defined under applicable 
     State law), including programs designed to protect witnesses 
     testifying in school disciplinary proceedings; or
       ``(B) supports a student safety toll-free hotline that 
     provides students and teachers in elementary and secondary 
     schools with confidential assistance relating to the issues 
     of school crime, violence, drug dealing, and threats to 
     personal safety.''.

     SEC. 3009. INNOVATIVE PROGRAMS TO PROTECT TEACHERS AND 
                   STUDENTS.

       (a) Definitions.--In this section:
       (1) Elementary school, local educational agency, secondary 
     school, and state educational agency.--The terms ``elementary 
     school'', ``local educational agency'', ``secondary school'', 
     and ``State educational agency'' have the meanings given the 
     terms in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (b) Authorization For Report Cards on Schools.--
       (1) In general.--The Secretary is authorized to award 
     grants to States, State educational agencies, and local 
     educational agencies to develop, establish, or conduct 
     innovative programs to improve unsafe elementary schools or 
     secondary schools.
       (2) Priority.--The Secretary shall give priority to 
     awarding grants under paragraph (1) to--

[[Page S362]]

       (A) programs that provide parent and teacher notification 
     about incidents of physical violence, weapon possession, or 
     drug activity on school grounds as soon after the incident as 
     practicable;
       (B) programs that provide to parents and teachers an annual 
     report regarding--
       (i) the total number of incidents of physical violence, 
     weapon possession, and drug activity on school grounds;
       (ii) the percentage of students missing 10 or fewer days of 
     school; and
       (iii) a comparison, if available, to previous annual 
     reports under this paragraph, which comparison shall not 
     involve a comparison of more than 5 such previous annual 
     reports; and
       (C) programs to enhance school security measures that may 
     include--
       (i) equipping schools with fences, closed circuit cameras, 
     and other physical security measures;
       (ii) providing increased police patrols in and around 
     elementary schools and secondary schools, including canine 
     patrols; and
       (iii) mailings to parents at the beginning of the school 
     year stating that the possession of a gun or other weapon, or 
     the sale of drugs in school, will not be tolerated by school 
     authorities.
       (c) Application.--
       (1) In general.--Each State, State educational agency, or 
     local educational agency desiring a grant under this 
     subchapter shall submit an application to the Secretary at 
     such time, in such manner, and accompanied by such 
     information as the Secretary may require.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall contain an assurance that the State or agency has 
     implemented or will implement policies that--
       (A) provide protections for victims and witnesses to school 
     crime, including protections for attendance at school 
     disciplinary proceedings;
       (B) expel students who, on school grounds, sell drugs, or 
     who commit a violent offense that causes serious bodily 
     injury of another student or teacher; and
       (C) require referral to law enforcement authorities or 
     juvenile authorities of any student who on school grounds--
       (i) commits a violent offense resulting in serious bodily 
     injury; or
       (ii) sells drugs.
       (3) Special rule.--For purposes of subparagraphs (B) and 
     (C) of paragraph (2), State law shall determine what 
     constitutes a violent offense or serious bodily injury.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (e) Innovative Voluntary Random Drug Testing Programs.--
     Section 4116(b) of the Safe and Drug-Free Schools and 
     Communities Act of 1994 (20 U.S.C. 7116(b)) is amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following:
       ``(10) innovative voluntary random drug testing programs; 
     and''.
                     Subtitle B--Drug-Free Families

     SEC. 3101. SHORT TITLE.

       This subtitle may be cited as the ``Drug-Free Families Act 
     of 1999''.

     SEC. 3102. FINDINGS.

       Congress makes the following findings:
       (1) The National Institute on Drug Abuse estimates that in 
     1962, less than one percent of the Nation's adolescents had 
     ever tried an illicit drug. By 1979, drug use among young 
     people had escalated to the highest levels in history: 34 
     percent of adolescents (ages 12-17), 65 percent of high 
     school seniors (age 18), and 70 percent of young adults (ages 
     18-25) had used an illicit drug in their lifetime.
       (2) Drug use among young people was not confined to initial 
     trials. By 1979, 16 percent of adolescents, 39 percent of 
     high school seniors, and 38 percent of young adults had used 
     an illicit drug in the past month. Moreover, one in nine high 
     school seniors used marijuana daily.
       (3) In 1979, the year the largest number of seniors used 
     marijuana, their belief that marijuana could hurt them was at 
     its lowest (35 percent) since surveys have tracked these 
     measures.
       (4) Three forces appeared to be driving this escalation in 
     drug use among children and young adults. Between 1972 and 
     1978, a nationwide political campaign conducted by drug 
     legalization advocates persuaded eleven state legislatures to 
     ``decriminalize'' marijuana. (Many of those states have 
     subsequently ``recriminalized'' the drug.) Such legislative 
     action reinforced advocates' assertion that marijuana was 
     ``relatively harmless.''
       (5) The decriminalization effort gave rise to the emergence 
     of ``head shops'' (shops for ``heads,'' or drug users--``coke 
     heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug 
     paraphernalia--an array of toys, implements, and 
     instructional pamphlets and booklets to enhance the use of 
     illicit drugs. Some 30,000 such shops were estimated to be 
     doing business throughout the Nation by 1978.
       (6) In the absence of Federal funding for drug education 
     then, most of the drug education materials that were 
     available proclaimed that few illicit drugs were addictive 
     and most were ``less harmful'' than alcohol and tobacco and 
     therefore taught young people how to use marijuana, cocaine, 
     and other illicit drugs ``responsibly''.
       (7) Between 1977 and 1980, three national parent drug-
     prevention organizations--National Families in Action, PRIDE, 
     and the National Federation of Parents for Drug-Free Youth 
     (now called the National Family Partnership)--emerged to help 
     concerned parents form some 4,000 local parent prevention 
     groups across the Nation to reverse all of these trends in 
     order to prevent children from using drugs. Their work 
     created what has come to be known as the parents drug-
     prevention movement, or more simply, the parent movement. 
     This movement set three goals: to prevent the use of any 
     illegal drug, to persuade those who had started using drugs 
     to stop, and to obtain treatment for those who had become 
     addicted so that they could return to drug-free lives.
       (8) The parent movement pursued a number of objectives to 
     achieve these goals. First, it helped parents educate 
     themselves about the harmful effects of drugs, teach that 
     information to their children, communicate that they expected 
     their children not to use drugs, and establish consequences 
     if children failed to meet that expectation. Second, it 
     helped parents form groups with other parents to set common 
     age-appropriate social and behavioral guidelines to protect 
     their children from exposure to drugs. Third, it encouraged 
     parents to insist that their communities reinforce parents' 
     commitment to protect children from drug use.
       (9) The parent movement stopped further efforts to 
     decriminalize marijuana, both in the states and at the 
     Federal level.
       (10) The parent movement worked for laws to ban the sale of 
     drug paraphernalia. If drugs were illegal, it made no sense 
     to condone the sale of toys and implements to enhance the use 
     of illegal drugs, particularly when those products targeted 
     children. As town, cities, counties, and states passed anti-
     paraphernalia laws, drug legalization organizations 
     challenged their Constitutionality in Federal courts until 
     the early 1980's, when the United States Supreme Court upheld 
     Nebraska's law and established the right of communities to 
     ban the sale of drug paraphernalia.
       (11) The parent movement insisted that drug-education 
     materials convey a strong no-use message in compliance with 
     both the law and with medical and scientific information that 
     demonstrates that drugs are harmful, particularly to young 
     people.
       (12) The parent movement encouraged others in society to 
     join the drug prevention effort and many did, from First Lady 
     Nancy Reagan to the entertainment industry, the business 
     community, the media, the medical community, the educational 
     community, the criminal justice community, the faith 
     community, and local, State, and national political leaders.
       (13) The parent movement helped to cause drug use among 
     young people to peak in 1979. As its efforts continued 
     throughout the next decade, and as others joined parents to 
     expand the drug-prevention movement, between 1979 and 1992 
     these collaborative prevention efforts contributed to 
     reducing monthly illicit drug use by two-thirds among 
     adolescents and young adults and reduced daily marijuana use 
     among high-school seniors from 10.7 percent to 1.9 percent. 
     Concurrently, both the parent movement and the larger 
     prevention movement that evolved throughout the 1980's, 
     working together, increased high school seniors' belief that 
     marijuana could hurt them, from 35 percent in 1979 to 79 
     percent in 1991.
       (14) Unfortunately, as drug use declined, most of the 4,000 
     volunteer parents groups that contributed to the reduction in 
     drug use disbanded, having accomplished the job they set out 
     to do. But the absence of active parent groups left a vacuum 
     that was soon filled by a revitalized drug-legalization 
     movement. Proponents began advocating for the legalization of 
     marijuana for medicine, the legalization of all Schedule I 
     drugs for medicine, the legalization of hemp for medicinal, 
     industrial and recreational use, and a variety of other 
     proposals, all designed to ultimately attack, weaken, and 
     eventually repeal the Nation's drug laws.
       (15) Furthermore, legalization proponents are also 
     beginning to advocate for treatment that maintains addicts on 
     the drugs to which they are addicted (heroin maintenance for 
     heroin addicts, controlled drinking for alcoholics, etc.), 
     for teaching school children to use drugs ``responsibly,'' 
     and for other measures similar to those that produced the 
     drug epidemic among young people in the 1970's.
       (16) During the 1990's, the message embodied in all of this 
     activity has once again driven down young people's belief 
     that drugs can hurt them. As a result, the reductions in drug 
     use that occurred over 13 years reversed in 1992, and 
     adolescent drug use has more than doubled.
       (17) Today's parents are almost universally in the 
     workplace and do not have time to volunteer. Many families 
     are headed by single parents. In some families no parents are 
     available, and grandparents, aunts, uncles, or foster parents 
     are raising the family's children.
       (18) Recognizing that these challenges make it much more 
     difficult to reach parents today, several national parent and 
     family drug-prevention organizations have formed the Parent 
     Collaboration to address these issues in order to build a new 
     parent and family movement to prevent drug use among 
     children.
       (19) Motivating parents and parent groups to coordinate 
     with local community anti-

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     drug coalitions is a key goal of the Parent Collaboration, as 
     well as coordinating parent and family drug-prevention 
     efforts with Federal, State, and local governmental and 
     private agencies and political, business, medical and 
     scientific, educational, criminal justice, religious, and 
     media and entertainment industry leaders.

     SEC. 3103. PURPOSES.

       The purposes of this subtitle are to--
       (1) build a movement to help parents and families prevent 
     drug use among their children and adolescents;
       (2) help parents and families reduce drug abuse and drug 
     addiction among adolescents who are already using drugs, and 
     return them to drug-free lives;
       (3) increase young people's perception that drugs are 
     harmful to their health, well-being, and ability to function 
     successfully in life;
       (4) help parents and families educate society that the best 
     way to protect children from drug use and all of its related 
     problems is to convey a clear, consistent, no-use message;
       (5) strengthen coordination, cooperation, and collaboration 
     between parents and families and all others who are 
     interested in protecting children from drug use and all of 
     its related problems;
       (6) help parents strengthen their families, neighborhoods, 
     and school communities to reduce risk factors and increase 
     protective factors to ensure the healthy growth of children; 
     and
       (7) provide resources in the fiscal year 2000 Federal drug 
     control budget for a grant to the Parent Collaboration to 
     conduct a national campaign to mobilize today's parents and 
     families through the provision of information, training, 
     technical assistance, and other services to help parents and 
     families prevent drug use among their children and to build a 
     new parent and family drug-prevention movement.

     SEC. 3104. DEFINITIONS.

       In this subtitle:
       (1) Administrative costs.--The term ``administrative 
     costs'' means to those costs that the assigned Federal agency 
     will incur to administer the grant to the Parent 
     Collaboration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Drug Enforcement Administration.
       (3) No-use message.--The term ``no-use message'' means no 
     use of any illegal drug and no illegal use of any legal drug 
     or substance that is sometimes used illegally, such as 
     prescription drugs, inhalants, and alcohol and tobacco for 
     children and adolescents under the legal purchase age.
       (4) Parent collaboration.--The term ``Parent 
     Collaboration'' means the legal entity, which is exempt from 
     income taxation under section 501(c)(3) of the Internal 
     Revenue Code of 1986, established by National Families in 
     Action, National Asian Pacific American Families Against 
     Substance Abuse, African American Parents for Drug 
     Prevention, National Association for Native American Children 
     of Alcoholics, and the National Hispano/Latino Community 
     Prevention Network and other groups, that--
       (A) have a primary mission of helping parents prevent drug 
     use, drug abuse, and drug addiction among their children, 
     their families, and their communities;
       (B) have carried out this mission for a minimum of 5 
     consecutive years; and
       (C) base their drug-prevention missions on the foundation 
     of a strong, no-use message in compliance with international, 
     Federal, State, and local treaties and laws that prohibit the 
     possession, production, cultivation, distribution, sale, and 
     trafficking in illicit drugs;

     in order to build a new parent and family movement to prevent 
     drug use among children and adolescents

     SEC. 3105. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT 
                   PROGRAM.

       (a) In General.--The Administrator shall make a grant to 
     the Parent Collaboration to conduct a national campaign to 
     build a new parent and family movement to help parents and 
     families prevent drug abuse among their children.
       (b) Termination.--The period of this grant under this 
     section shall be 5 years.

     SEC. 3106. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     to carry out this subtitle $5,000,000 for each of fiscal 
     years 2000 through 2004 for a grant to the Parent 
     Collaboration to conduct the national campaign to mobilize 
     parents and families.
       (b) Administrative Costs.--Not more than 5 percent of the 
     total amount made available under subsection (a) in each 
     fiscal year may be used to pay administrative costs of the 
     Parent Collaboration.
 TITLE IV--FUNDING FOR UNITED STATES COUNTER-DRUG ENFORCEMENT AGENCIES

     SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

       (a)  Drug Enforcement and Other Noncommercial Operations.--
     Subparagraphs (A) and (B) of section 301(b)(1) of the Customs 
     Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
     2075(b)(1)(A) and (B)) are amended to read as follows:
       ``(A) $997,300,584 for fiscal year 2000.
       ``(B) $1,100,818,328 for fiscal year 2001.''.
       (b) Commercial Operations.--Clauses (i) and (ii) of section 
     301(b)(2)(A) of such Act (19 U.S.C. 2075(b)(2)(A)(i) and 
     (ii)) are amended to read as follows:
       ``(i) $990,030,000 for fiscal year 2000.
       ``(ii) $1,009,312,000 for fiscal year 2001.''.
       (c) Air and Marine Interdiction.--Subparagraphs (A) and (B) 
     of section 301(b)(3) of such Act (19 U.S.C. 2075(b)(3)(A) and 
     (B)) are amended to read as follows:
       ``(A) $229,001,000 for fiscal year 2000.
       ``(B) $176,967,000 for fiscal year 2001.''.
       (d) Submission of Out-Year Budget Projections.--Section 
     301(a) of such Act (19 U.S.C. 2075(a)) is amended by adding 
     at the end the following:
       ``(3) Not later than the date on which the President 
     submits to Congress the budget of the United States 
     Government for a fiscal year, the Commissioner of Customs 
     shall submit to the Committee on Ways and Means of the House 
     of Representatives and the Committee on Finance of the Senate 
     the projected amount of funds for the succeeding fiscal year 
     that will be necessary for the operations of the Customs 
     Service as provided for in subsection (b).''.

     SEC. 4002. CARGO INSPECTION AND NARCOTICS DETECTION 
                   EQUIPMENT.

       (a) Fiscal Year 2000.--Of the amounts made available for 
     fiscal year 2000 under section 301(b)(1)(A) of the Customs 
     Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
     2075(b)(1)(A)), as amended by section 4001(a) of this title, 
     $100,036,000 shall be available until expended for 
     acquisition and other expenses associated with implementation 
     and deployment of narcotics detection equipment along the 
     United States-Mexico border, the United States-Canada border, 
     and Florida and the Gulf Coast seaports, as follows:
       (1) United states-mexico border.--For the United States-
     Mexico border, the following:
       (A) $6,000,000 for 8 Vehicle and Container Inspection 
     Systems (VACIS).
       (B) $11,000,000 for 5 mobile truck x-rays with transmission 
     and backscatter imaging.
       (C) $12,000,000 for the upgrade of 8 fixed-site truck x-
     rays from the present energy level of 450,000 electron volts 
     to 1,000,000 electron volts (1-MeV).
       (D) $7,200,000 for 8 1-MeV pallet x-rays.
       (E) $1,000,000 for 200 portable contraband detectors 
     (busters) to be distributed among ports where the current 
     allocations are inadequate.
       (F) $600,000 for 50 contraband detection kits to be 
     distributed among all southwest border ports based on traffic 
     volume.
       (G) $500,000 for 25 ultrasonic container inspection units 
     to be distributed among all ports receiving liquid-filled 
     cargo and to ports with a hazardous material inspection 
     facility.
       (H) $2,450,000 for 7 automated targeting systems.
       (I) $360,000 for 30 rapid tire deflator systems to be 
     distributed to those ports where port runners are a threat.
       (J) $480,000 for 20 portable Treasury Enforcement 
     Communications Systems (TECS) terminals to be moved among 
     ports as needed.
       (K) $1,000,000 for 20 remote watch surveillance camera 
     systems at ports where there are suspicious activities at 
     loading docks, vehicle queues, secondary inspection lanes, or 
     areas where visual surveillance or observation is obscured.
       (L) $1,254,000 for 57 weigh-in-motion sensors to be 
     distributed among the ports with the greatest volume of 
     outbound traffic.
       (M) $180,000 for 36 AM traffic information radio stations, 
     with 1 station to be located at each border crossing.
       (N) $1,040,000 for 260 inbound vehicle counters to be 
     installed at every inbound vehicle lane.
       (O) $950,000 for 38 spotter camera systems to counter the 
     surveillance of customs inspection activities by persons 
     outside the boundaries of ports where such surveillance 
     activities are occurring.
       (P) $390,000 for 60 inbound commercial truck transponders 
     to be distributed to all ports of entry.
       (Q) $1,600,000 for 40 narcotics vapor and particle 
     detectors to be distributed to each border crossing.
       (R) $400,000 for license plate reader automatic targeting 
     software to be installed at each port to target inbound 
     vehicles.
       (S) $1,000,000 for a demonstration site for a high-energy 
     relocatable rail car inspection system with an x-ray source 
     switchable from 2,000,000 electron volts (2-MeV) to 6,000,000 
     electron volts (6-MeV) at a shared Department of Defense 
     testing facility for a two-month testing period.
       (2) United states-canada border.--For the United States-
     Canada border, the following:
       (A) $3,000,000 for 4 Vehicle and Container Inspection 
     Systems (VACIS).
       (B) $8,800,000 for 4 mobile truck x-rays with transmission 
     and backscatter imaging.
       (C) $3,600,000 for 4 1-MeV pallet x-rays.
       (D) $250,000 for 50 portable contraband detectors (busters) 
     to be distributed among ports where the current allocations 
     are inadequate.
       (E) $300,000 for 25 contraband detection kits to be 
     distributed among ports based on traffic volume.
       (F) $240,000 for 10 portable Treasury Enforcement 
     Communications Systems (TECS) terminals to be moved among 
     ports as needed.
       (G) $400,000 for 10 narcotics vapor and particle detectors 
     to be distributed to each border crossing based on traffic 
     volume.
       (H) $600,000 for 30 fiber optic scopes.
       (I) $250,000 for 50 portable contraband detectors (busters) 
     to be distributed among ports where the current allocations 
     are inadequate.
       (J) $3,000,000 for 10 x-ray vans with particle detectors.
       (K) $40,000 for 8 AM loop radio systems.

[[Page S364]]

       (L) $400,000 for 100 vehicle counters.
       (M) $1,200,000 for 12 examination tool trucks.
       (N) $2,400,000 for 3 dedicated commuter lanes.
       (O) $1,050,000 for 3 automated targeting systems.
       (P) $572,000 for 26 weigh-in-motion sensors.
       (Q) $480,000 for 20 portable Treasury Enforcement 
     Communication Systems (TECS).
       (3) Florida and gulf coast seaports.--For Florida and the 
     Gulf Coast seaports, the following:
       (A) $4,500,000 for 6 Vehicle and Container Inspection 
     Systems (VACIS).
       (B) $11,800,000 for 5 mobile truck x-rays with transmission 
     and backscatter imaging.
       (C) $7,200,000 for 8 1-MeV pallet x-rays.
       (D) $250,000 for 50 portable contraband detectors (busters) 
     to be distributed among ports where the current allocations 
     are inadequate.
       (E) $300,000 for 25 contraband detection kits to be 
     distributed among ports based on traffic volume.
       (b) Fiscal Year 2001.--Of the amounts made available for 
     fiscal year 2001 under section 301(b)(1)(B) of the Customs 
     Procedural Reform and Simplification Act of 1978 (19 U.S.C. 
     2075(b)(1)(B)), as amended by section 4001(a) of this title, 
     $9,923,500 shall be for the maintenance and support of the 
     equipment and training of personnel to maintain and support 
     the equipment described in subsection (a).
       (c) Acquisition of Technologically Superior Equipment; 
     Transfer of Funds.--
       (1) In general.--The Commissioner of Customs may use 
     amounts made available for fiscal year 2000 under section 
     301(b)(1)(A) of the Customs Procedural Reform and 
     Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as 
     amended by section 4001(a) of this title, for the acquisition 
     of equipment other than the equipment described in subsection 
     (a) if such other equipment--
       (A)(i) is technologically superior to the equipment 
     described in subsection (a); and
       (ii) will achieve at least the same results at a cost that 
     is the same or less than the equipment described in 
     subsection (a); or
       (B) can be obtained at a lower cost than the equipment 
     described in subsection (a).
       (2) Transfer of funds.--Notwithstanding any other provision 
     of this section, the Commissioner of Customs may reallocate 
     an amount not to exceed 10 percent of--
       (A) the amount specified in any of subparagraphs (A) 
     through (R) of subsection (a)(1) for equipment specified in 
     any other of such subparagraphs (A) through (R);
       (B) the amount specified in any of subparagraphs (A) 
     through (Q) of subsection (a)(2) for equipment specified in 
     any other of such subparagraphs (A) through (Q); and
       (C) the amount specified in any of subparagraphs (A) 
     through (E) of subsection (a)(3) for equipment specified in 
     any other of such subparagraphs (A) through (E).

     SEC. 4003. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT.

       Of the amounts made available for fiscal years 2000 and 
     2001 under subparagraphs (A) and (B) of section 301(b)(1) of 
     the Customs Procedural Reform and Simplification Act of 1978 
     (19 U.S.C. 2075(b)(1)(A) and (B)), as amended by section 
     4001(a) of this title, $159,557,000, including $5,673,600, 
     until expended, for investigative equipment, for fiscal year 
     2000 and $220,351,000 for fiscal year 2001 shall be available 
     for the following:
       (1) A net increase of 535 inspectors, 120 special agents, 
     and 10 intelligence analysts for the United States-Mexico 
     border and 375 inspectors for the United States-Canada 
     border, in order to open all primary lanes on such borders 
     during peak hours and enhance investigative resources.
       (2) A net increase of 285 inspectors and canine enforcement 
     officers to be distributed at large cargo facilities as 
     needed to process and screen cargo (including rail cargo) and 
     reduce commercial waiting times on the United States-Mexico 
     border and a net increase of 125 inspectors to be distributed 
     at large cargo facilities as needed to process and screen 
     cargo (including rail cargo) and reduce commercial waiting 
     times on the United States-Canada border.
       (3) A net increase of 40 inspectors at sea ports in 
     southeast Florida to process and screen cargo.
       (4) A net increase of 70 special agent positions, 23 
     intelligence analyst positions, 9 support staff, and the 
     necessary equipment to enhance investigation efforts targeted 
     at internal conspiracies at the Nation's seaports.
       (5) A net increase of 360 special agents, 30 intelligence 
     analysts, and additional resources to be distributed among 
     offices that have jurisdiction over major metropolitan drug 
     or narcotics distribution and transportation centers for 
     intensification of efforts against drug smuggling and money 
     laundering organizations.
       (6) A net increase of 2 special agent positions to re-
     establish a Customs Attache office in Nassau.
       (7) A net increase of 62 special agent positions and 8 
     intelligence analyst positions for maritime smuggling 
     investigations and interdiction operations.
       (8) A net increase of 50 positions and additional resources 
     to the Office of Internal Affairs to enhance investigative 
     resources for anticorruption efforts.
       (9) The costs incurred as a result of the increase in 
     personnel hired pursuant to this section.

     SEC. 4004. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.

       (a) Fiscal Year 2000.--Of the amounts made available for 
     fiscal year 2000 under subparagraphs (A) and (B) of section 
     301(b)(3) of the Customs Procedural Reform and Simplification 
     Act of 1978 (19 U.S.C. 2075(b)(3) (A) and (B)) as amended by 
     section 4001(c) of this title, $130,513,000 shall be 
     available until expended for the following:
       (1) $96,500,000 for Customs aircraft restoration and 
     replacement initiative.
       (2) $15,000,000 for increased air interdiction and 
     investigative support activities.
       (3) $19,013,000 for marine vessel replacement and related 
     equipment.
       (b) Fiscal Year 2001.--Of the amounts made available for 
     fiscal year 2001 under subparagraphs (A) and (B) of section 
     301(b)(3) of the Customs Procedural Reform and Simplification 
     Act of 1978 (19 U.S.C. 2075(b)(3) (A) and (B)) as amended by 
     section 4001(c) of this title, $75,524,000 shall be available 
     until expended for the following:
       (1) $36,500,000 for Customs Service aircraft restoration 
     and replacement.
       (2) $15,000,000 for increased air interdiction and 
     investigative support activities.
       (3) $24,024,000 for marine vessel replacement and related 
     equipment.

     SEC. 4005. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.

       As part of the annual performance plan for each of the 
     fiscal years 2000 and 2001 covering each program activity set 
     forth in the budget of the United States Customs Service, as 
     required under section 1115 of title 31, United States Code, 
     the Commissioner of Customs shall establish performance goals 
     and performance indicators, and comply with all other 
     requirements contained in paragraphs (1) through (6) of 
     subsection (a) of such section with respect to each of the 
     activities to be carried out pursuant to sections 1002 and 
     1003 of this title.

     SEC. 4006. COMMISSIONER OF CUSTOMS SALARY.

       (a) In General.--
       (1) Section 5315 of title 5, United States Code, is amended 
     by striking the following item:
       ``Commissioner of Customs, Department of Treasury.''.
       (2) Section 5314 of title 5, United States Code, is amended 
     by inserting the following item:
       ``Commissioner of Customs, Department of Treasury.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to fiscal year 2000 and thereafter.

     SEC. 4007. PASSENGER PRECLEARANCE SERVICES.

       (a) Continuation of Preclearance Services.--Notwithstanding 
     section 13031(f) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(f)) or any other 
     provision of law, the Customs Service shall, without regard 
     to whether a passenger processing fee is collected from a 
     person departing for the United States from Canada and 
     without regard to whether funds are appropriated pursuant to 
     subsection (b), provide the same level of enhanced 
     preclearance customs services for passengers arriving in the 
     United States aboard commercial aircraft originating in 
     Canada as the Customs Service provided for such passengers 
     during fiscal year 1997.
       (b) Authorization of Appropriations for Preclearance 
     Services.--Notwithstanding section 13031(f) of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c(f)) or any other provision of law, there are 
     authorized to be appropriated, from the date of enactment of 
     this Act through September 30, 2001, such sums as may be 
     necessary for the Customs Service to ensure that it will 
     continue to provide the same, and where necessary increased, 
     levels of enhanced preclearance customs services as the 
     Customs Service provided during fiscal year 1997, in 
     connection with the arrival in the United States of 
     passengers aboard commercial aircraft whose flights 
     originated in Canada.
                 Subtitle B--United States Coast Guard

     SEC. 4101. ADDITIONAL FUNDING FOR OPERATION AND MAINTENANCE.

       In addition to amounts to be appropriated for the United 
     States Coast Guard for fiscal year 2000, there is authorized 
     to be appropriated $100,000,000 for each of fiscal years 2000 
     and 2001 for operation and maintenance.
              Subtitle C--Drug Enforcement Administration

     SEC. 4201. ADDITIONAL FUNDING FOR COUNTERNARCOTICS AND 
                   INFORMATION SUPPORT OPERATIONS.

       In addition to amounts to be appropriated for the Drug 
     Enforcement Administration for fiscal year 2000, there is 
     authorized to be appropriated $120,000,000 for fiscal year 
     2000 for counternarcotics and information support operations.
                 Subtitle D--Department of the Treasury

     SEC. 4301. ADDITIONAL FUNDING FOR COUNTER-DRUG INFORMATION 
                   SUPPORT.

       In addition to the other amounts to be appropriated for the 
     Department of the Treasury for fiscal year 2000, there is 
     authorized to be appropriated $50,000,000 for each of the 
     fiscal years 2000 and 2001 for counternarcotics, information 
     support, and money laundering efforts.
                   Subtitle E--Department of Defense

     SEC. 4401. ADDITIONAL FUNDING FOR EXPANSION OF 
                   COUNTERNARCOTICS ACTIVITIES.

       In addition to other amounts to be appropriated for the 
     Department of Defense for fiscal year 2000, there is 
     authorized to be appropriated $200,000,000 for each of fiscal 
     years

[[Page S365]]

     2000 and 2001 to be used to expand activities to stop the 
     flow of illegal drugs into the United States.

     SEC. 4402. FORWARD MILITARY BASE FOR COUNTERNARCOTICS 
                   MATTERS.

       (a) The Secretary of the Air Force may acquire real 
     property and carry out military construction projects in the 
     amount of $300,000,000 to establish an air base, or air bases 
     for use for support of counternarcotics operations in the 
     areas of the southern Caribbean Sea, northern South America, 
     and the eastern Pacific Ocean, to be located in Latin America 
     or the area of the Caribbean Sea, or both.
       (b) There is authorized to be appropriated such sums as may 
     be necessary for fiscal year 2000, and any succeeding fiscal 
     year, for military construction and land acquisition for an 
     airbase referred to subsection (a).

     SEC. 4403. EXPANSION OF RADAR COVERAGE AND OPERATION IN 
                   SOURCE AND TRANSIT COUNTRIES.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of Defense for fiscal 
     year 2000, $100,000,000 for purposes of the procurement of a 
     Relocatable Over the Horizon Radar (ROTHR) to be located in 
     South America.
       (b) Authorization To Locate.--The Relocatable Over the 
     Horizon Radar procured pursuant to the authorization of 
     appropriations in subsection (a) may be located at a location 
     in South America that is suitable for purposes of providing 
     enhanced radar coverage of narcotics source zone countries in 
     South America.

     SEC. 4404. SENSE OF CONGRESS REGARDING FUNDING UNDER WESTERN 
                   HEMISPHERE DRUG ELIMINATION ACT.

       (a) Findings.--Congress makes the following findings:
       (1) Teenage drug use in the United States has doubled since 
     1993.
       (2) The drug crisis facing the United States poses a 
     paramount threat to the national security interests of the 
     United States.
       (3) The trans-shipment of illicit drugs through United 
     States borders cannot be halted without an effective drug 
     interdiction strategy.
       (4) The Clinton Administration has placed a low priority on 
     efforts to reduce the supply of illicit drugs, and the 
     seizure of such drugs by the Coast Guard and other Federal 
     agencies has decreased, as is evidenced by a 68 percent 
     decrease in the pounds of cocaine seized by such agencies 
     between 1991 and 1996.
       (5) The Western Hemisphere Drug Elimination Act was enacted 
     into law on October 19, 1998.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should allocate funds appropriated for 
     fiscal year 1999 pursuant to the authorizations of 
     appropriations for that fiscal year in the Western Hemisphere 
     Drug Elimination Act in order to carry out fully the purposes 
     of that Act during that fiscal year; and
       (2) the President should include with the budgets for 
     fiscal years 2000 and 2001 that are submitted to Congress 
     under section 1105 of title 31, United States Code, a request 
     for funds for such fiscal years in accordance with the 
     authorizations of appropriations for such fiscal years in 
     that Act.

     SEC. 4405. SENSE OF CONGRESS REGARDING THE PRIORITY OF THE 
                   DRUG INTERDICTION AND COUNTERDRUG ACTIVITIES OF 
                   THE DEPARTMENT OF DEFENSE.

       It is the sense of Congress that the Secretary of Defense 
     should revise the Global Military Force Policy of the 
     Department of Defense in order--
       (1) to treat the international drug interdiction and 
     counterdrug activities of the Department as a military 
     operation other than war, thereby elevating the priority 
     given such activities under the Policy to the next priority 
     below the priority given to war under the Policy and to the 
     same priority given to peacekeeping operations under the 
     Policy; and
       (2) to allocate the assets of the Department to such 
     activities in accordance with the priority given such 
     activities under the revised Policy.

  Mr. GRASSLEY. Mr. President, the most recent High School survey of 
teen drug use tells us something. After years of dramatic increases in 
drug use among 12-18 years old, we may have a leveling off. The numbers 
are down, but only barely. At this rate of decline, we will reach the 
modest goals for drug reduction set by the present Administration in 
the year 2050. The Administration seems to find this good news. At 
least, they find the present leveling off something to crow about. 
Frankly, I think these numbers are the occasion for a little more 
modesty and whole lot more work.
  That's what the Congress has been doing. The 105th Congress passed 
major legislation to fight drugs. It put more money and more muscle 
into efforts that the Administration has ignored or downgraded. We did 
this because we saw the consequences--more teen drug use. Today, we 
continue that effort. Our goal is not to claim bragging rights about 
statistically minor changes but to make real changes through serious 
efforts. Today, we introduced the ``Drug Free Century Act.'' This is a 
comprehensive bill that will be one of the main agenda items for the 
106th Congress. It gives us the means to build on what we did last 
Congress. It gives us the beef that the Administration has left out to 
put in the sandwich.
  More important, this bill provides resources to sustain a 
comprehensive effort and a coherent policy. In this bill, we provide 
the means to support our national and international law enforcement 
efforts. We provide the resources to help families and communities get 
and remain drug free. We support treatment and education. In short, we 
build on success and extend our ability to do yet more.
  This bill represents the kind of comprehensive approach that I have 
pushed for. It gives us the tools to do the job. More important, it 
provides the focus and sustained attention that we need to do the job. 
We have a lot of work ahead of us. It is not going to be easy. But we 
will be better equipped and more able to do the job.
                                 ______