II

103D CONGRESS

1ST SESSION S. 1091

To control international organized crime.

IN THE SENATE OF THE UNITED STATES

JUNE 10, 1993

Mr. ROTH introduced the following bill; which was read twice and referred to

the Committee on Foreign Relations

A BILL

To control international organized crime.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘International Orga5 nized Crime Control Act of 1993’’.

6 SEC. 2. INTERNATIONAL ORGANIZED CRIME CONTROL.

7 Part I of the Foreign Assistance Act of 1961 is

8 amended by inserting after chapter 7 the following new

9 chapter:
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1 ‘‘CHAPTER 7A—INTERNATIONAL

2 ORGANIZED CRIME CONTROL

3 ‘‘SEC. 471. INTERNATIONAL ORGANIZED CRIME CONTROL.

4 ‘‘(a) STATEMENT OF CONGRESSIONAL PURPOSES

5 AND GOALS.—(1) It is the sense of the Congress that—

6 ‘‘(A) suppression of international organized

7 crime is an important foreign policy objective of the

8 United States; and

9 ‘‘(B) effective international cooperation is nec10 essary to control the international activities con11 ducted by organized criminal groups.

12 ‘‘(2) In order to promote such cooperation, the Presi13 dent is authorized to conclude agreements with other

14 countries to facilitate control of the international oper15 ations of organized criminal groups.

16 ‘‘(3) In order to promote international cooperation in

17 combating international organized crime control, it shall

18 be the policy of the United States to use its voice and

19 vote in multilateral development banks to promote the de20 velopment and implementation of programs for the reduc21 tion and eventual eradication of international organized

22 crime.

23 ‘‘(4) Notwithstanding any other provision of law, the

24 President is authorized to furnish assistance to any coun25 try or international organization, or such terms and condi-
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1 tions as he may determine, for the control of international

2 organized crime.

3 ‘‘(b) MID-YEAR REPORT.—Not later than September

4 1 of each year, the President shall transmit to the Speaker

5 of the House of Representatives, and to the Committee

6 on Foreign Relations of the Senate, a complete and de7 tailed mid-year report on the activities and operations car8 ried out under this chapter before such date. Such mid9 year report shall include, but not be limited to, the status

10 of each agreement concluded before such date with other

11 countries to carry out the purposes of this chapter.

12 ‘‘(c) PARTICIPATION IN FOREIGN POLICE AC13 TIONS.—

14 ‘‘(1) PROHIBITION ON EFFECTING AN AR15 REST.—No officer or employee of the United States

16 may directly effect an arrest in any foreign country

17 as part of any foreign police action with respect to

18 efforts to control international organized crime, not19 withstanding any other provision of law.

20 ‘‘(2) PARTICIPATION IN ARREST ACTIONS.—

21 Paragraph (1) does not prohibit an officer or em22 ployee of the United States, with the approval of the

23 United States chief of mission, from being present

24 when foreign officers are effecting an arrest or from

25 assisting foreign officers who are effecting an arrest.
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1 ‘‘(3) EXCEPTION FOR EXIGENT, THREATENING

2 CIRCUMSTANCES.—Paragraph (1) does not prohibit

3 an officer or employee from taking direct action to

4 protect life or safety if exigent circumstances arise

5 which are unanticipated and which pose an imme6 diate threat to United States officers or employees,

7 officers or employees of a foreign government, or

8 members of the public.

9 ‘‘(4) EXCEPTION FOR MARITIME LAW ENFORCE10 MENT.—With the agreement of a foreign country,

11 paragraph (1) does not apply with respect to mari12 time law enforcement operations in the territorial

13 sea of that country.

14 ‘‘(5) INTERROGATIONS.—No officer or employee

15 of the United States may interrogate or be present

16 during the interrogation of any United States person

17 arrested in any foreign country with respect to ef18 forts to control international organized crime with19 out the written consent of such person.

20 ‘‘(6) EXCEPTION FOR STATUS OF FORCES AR21 RANGEMENTS.—This subsection does not apply to

22 the activities of the United States Armed Forces in

23 carrying out their responsibilities under applicable

24 Status of Forces Arrangements.
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1 ‘‘(d) REPORTING REQUIREMENTS.—(1) Not later

2 than March 1 of each year, the President shall transmit

3 to the Speaker of the House of Representatives, and to

4 the Committee on Foreign Relations of the Senate, a re5 port on United States policy to control international orga6 nized crime to establish and encourage an international

7 strategy. This international strategy should also be de8 signed to prosecute and eliminate organized criminal

9 groups involved in international criminal activity, includ10 ing, but not limited to, narcotics trafficking, money laun11 dering, alien smuggling, immigration fraud, counterfeit12 ing, extortion, robbery, bribery, theft, kidnaping or

13 murder.

14 ‘‘(2)(A) Each report pursuant to this subsection shall

15 describe the policies adopted, agreements concluded, and

16 programs implemented by the Department of State in pur17 suit of its delegated responsibilities for international orga18 nized crime control, including policy development, bilateral

19 and multilateral funding and other support for inter20 national narcotics control projects, representations of the

21 United States Government to international organizations

22 and agencies concerned with international organized crime

23 control, training of foreign enforcement personnel, coordi24 nation of the international organized crime control activi-
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1 ties of United States Government agencies, and technical

2 assistance.

3 ‘‘(B) Each such report shall also describe the activi4 ties of the United States in international financial institu5 tions to combat the entry of international organized crime

6 into the United States.

7 ‘‘(C) Each such report shall describe the activities for

8 the fiscal year just ended, for the current fiscal year, and

9 for the next fiscal year.

10 ‘‘(3) Each such report shall identify those countries

11 in which organized criminal groups with operations signifi12 cantly affecting the United States are located or have a

13 significant presence. For each such country, each report

14 shall include the following:

15 ‘‘(A) A detailed status report, with such infor16 mation as can be reliably obtained, on the organized

17 criminal groups located in such country which have

18 some membership in or extension of operations to

19 the United States, estimating the size of group

20 membership in such country and the United States

21 and discussing the criminal activities being per22 petrated in such country and the United States.

23 ‘‘(B) A description of the assistance under part

24 I of this Act and the other kinds of United States

25 assistance which such country received in the pre-
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1 ceding fiscal year, which are planned for such coun2 try for the current fiscal year, and which are pro3 posed for such country for the next fiscal year, with

4 an analysis of the impact that the furnishing of each

5 such kind of assistance has had or is expected to

6 have on the control and prosecution of organized

7 criminal groups with operations significantly affect8 ing the United States.

9 ‘‘(C) A description of the plans, programs, and

10 timetables adopted by such country for the progres11 sive prosecution and elimination of organized crimi12 nal groups with operations significantly affecting the

13 United States.

14 ‘‘(D) A discussion of the extent to which such

15 country has cooperated with the United States orga16 nized crime control efforts through the extradition

17 or prosecution of international organized criminals,

18 and, where appropriate, a description of the status

19 of negotiations with such country to negotiate a new

20 or updated extradition treaty relating to inter21 national organized crime offenses.

22 ‘‘(4) Each report pursuant to this subsection shall de23 scribe the involvement of any foreign government (includ24 ing any Communist government) in international orga-
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1 nized criminal activities during the preceding fiscal year,

2 including—

3 ‘‘(A) any direct or indirect involvement of such

4 government (or any official thereof) in international

5 organized criminal activity, including, but not lim6 ited to, narcotics trafficking, money laundering,

7 alien smuggling, immigration fraud, counterfeiting,

8 extortion, robbery, bribery, theft, kidnaping, or mur9 der; and

10 ‘‘(B) any other activities of such government

11 (or any official thereof) which have facilitated orga12 nized criminal activity.

13 ‘‘(5) Each report pursuant to this subsection shall in14 clude specific comments and recommendations by appro15 priate Federal agencies involved in organized crime con16 trol, including the United States Customs Service, the

17 Drug Enforcement Administration, the Federal Bureau of

18 Investigation and the Immigration and Naturalization

19 Service, with respect to the degree to which countries list20 ed in the report have cooperated fully with such agencies

21 during the preceding year as described in subsection (h).

22 ‘‘(6) Each report pursuant to this subsection shall de23 scribe the United States assistance for the preceding fiscal

24 year which was denied, pursuant to subsection (h), to each

25 country in which organized criminal groups with oper-
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1 ations significantly affecting the United States are located

2 or have a significant presence.

3 ‘‘(e) APPROPRIATE CONSULTATIONS.—As soon as

4 possible after the transmittal of the report required by

5 subsection (d), the designated representatives of the Presi6 dent shall initiate appropriate consultations with members

7 of the Committee on Foreign Relations of the Senate and

8 members of the Committee on Foreign Affairs of the

9 House of Representatives. Such consultations shall include

10 in-person discussions by designated representatives of the

11 President (including the Assistant Secretary of State for

12 International Narcotics Control and appropriate rep13 resentatives of the Department of Health and Human

14 Services, the Department of the Treasury, the Depart15 ment of Defense, the Department of Justice, and the

16 Agency for International Development to review the world17 wide organized crime situation and the role that United

18 States assistance to major organized crime source coun19 tries, and United States contributions to international fi20 nancial institutions, have in combating international orga21 nized crime affecting the United States. Such consultation

22 shall include, with respect to each organized crime source

23 country for which the President is proposing to furnish

24 United States assistance for the next fiscal year, the fur25 nishing of—
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1 ‘‘(1) a description of the nature of the orga2 nized crime problem, including the names of signifi3 cant criminal groups and individuals involved in or4 ganized crime activity affecting the United States;

5 and

6 ‘‘(2) an analysis of the climatic, geographic, po7 litical, economic, legal, and social factors that affect

8 the organized crime problem.

9 The chairman of the Committee on Foreign Relations and

10 the chairman of the Committee on Foreign Affairs shall

11 each cause the substance of each consultation to be print12 ed in the Congressional Record.

13 ‘‘(f) COMMITTEE HEARINGS.—After consultations

14 have been initiated pursuant to subsection (d), the Com15 mittee on Foreign Relations and the Committee on For16 eign Affairs should hold a hearing to review the report

17 submitted pursuant to subsection (d). The hearing shall

18 be open to the public unless the committee determines,

19 in accordance with the rules of its House, that the hearing

20 should be closed to the public.

21 ‘‘(g) ANNUAL CERTIFICATION PROCEDURES.—

22 ‘‘(1) WITHHOLDING OF BILATERAL ASSISTANCE

23 AND OPPOSITION TO MULTILATERAL DEVELOPMENT

24 ASSISTANCE.—(A) Fifty percent of the United

25 States assistance allocated each fiscal year in the re-
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1 port required by section 653(a) for each major orga2 nized crime source country shall be withheld from

3 obligation and expenditure, except as provided in

4 paragraph (2).

5 ‘‘(B) The Secretary of the Treasury shall in6 struct the United States Executive Director of the

7 International Bank for Reconstruction and Develop8 ment, the United States Executive Director of the

9 International Development Association, the United

10 States Executive Director of the Inter-American De11 velopment Bank, and the United States Executive

12 Director of the Asian Development Bank to vote, on

13 and after March 1 of each year, against any loan or

14 other utilization of the funds of their respective in15 stitution to or for any major organized crime source

16 country, except as provided in paragraph (2).

17 ‘‘(2) CERTIFICATION PROCEDURE.—(A) Subject

18 to paragraph (4), the assistance withheld from a

19 country pursuant to paragraph (1)(A) may be obli20 gated and expended, and the requirement of para21 graph (1)(B) to vote against multilateral develop22 ment bank assistance to a country shall not apply,

23 if the President determines and certifies to the Con24 gress, at the time of the submission of the report re25 quired by subsection (d), that—
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1 ‘‘(i) during the previous year the country

2 has cooperated fully with the United States, or

3 has taken adequate steps on its own—

4 ‘‘(I) in satisfying the goals agreed to

5 in an applicable bilateral agreement or a

6 multilateral agreement which achieves the

7 objectives of subparagraph (B);

8 ‘‘(II) in satisfying the requirements

9 for certification with regard to inter10 national narcotics control under section

11 481(h)(2) of this Act;

12 ‘‘(III) in preventing and punishing the

13 laundering in that country of profits from

14 international organized crime; and

15 ‘‘(IV) in preventing and punishing

16 bribery and other forms of public corrup17 tion which facilitate international orga18 nized crime, or which discourage the inves19 tigation and prosecution of such acts; or

20 ‘‘(ii) for a country that would not other21 wise qualify for certification under clause (i),

22 the vital national interests of the United States

23 require that the assistance withheld pursuant to

24 paragraph (1)(A) be provided and that the

25 United States not vote against multilateral de-
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1 velopment bank assistance for that country pur2 suant to paragraph (1)(B).

3 ‘‘(B) A bilateral agreement referred to in sub4 paragraph (A)(i)(I) is an agreement between the

5 United States and a foreign country in which the

6 foreign country agrees to take specific activities, in7 cluding, where applicable, efforts to—

8 ‘‘(i) increase cooperation with United

9 States law enforcement officials; and

10 ‘‘(ii) where applicable, increase participa11 tion in extradition treaties, mutual legal assist12 ance provisions directed at money laundering,

13 sharing of evidence, and other initiatives for co14 operative law enforcement.

15 ‘‘(C) A country which in the previous year was

16 designated as a major organized crime source coun17 try may not be determined to be cooperating fully

18 under subparagraph (A)(i) unless it has in place a

19 bilateral agreement with the United States or a mul20 tilateral agreement which achieves the objectives of

21 subparagraph (B).

22 ‘‘(D) If the President makes a certification with

23 respect to a country pursuant to subparagraph

24 (A)(ii), he shall include in such certification—
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1 ‘‘(i) a full and complete description of the

2 vital national interests placed at risk if United

3 States bilateral assistance to that country is

4 terminated pursuant to this subsection and

5 multilateral development bank assistance is not

6 provided to such country; and

7 ‘‘(ii) a statement weighing the risk de8 scribed in clause (i) against the risks posed to

9 the vital national interests of the United States

10 by the failure of such country to cooperate fully

11 with the United States in combating inter12 national organized crime or to take adequate

13 steps to combat organized crime on its own.

14 ‘‘(3) MATTERS TO BE CONSIDERED.—In deter15 mining whether to make the certification required by

16 paragraph (2) with respect to a country, the Presi17 dent shall consider the following:

18 ‘‘(A) Have the actions of the government

19 of that country resulted in the maximum reduc20 tions in international organized crime achiev21 able? In the case of a major organized crime

22 source country, the President shall give fore23 most consideration, in determining whether to

24 make the determination required by paragraph

25 (2), to whether the government of that country
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1 has taken actions which have resulted in such

2 reductions.

3 ‘‘(B) Has that government taken the legal

4 and law enforcement measures to enforce in its

5 territory, to the maximum extent possible, the

6 elimination of international organized crime?

7 ‘‘(C) Has that government taken the legal

8 and law enforcement steps necessary to elimi9 nate, to the maximum extent possible, the laun10 dering in that country of the profits of inter11 national organized crime, as evidenced by—

12 ‘‘(i) the enactment and enforcement

13 by that government of laws prohibiting

14 such conduct,

15 ‘‘(ii) that government entering into,

16 and cooperating under the terms of, mu17 tual legal assistance agreements with the

18 United States governing (but not limited

19 to) money laundering, and

20 ‘‘(iii) the degree to which that govern21 ment otherwise cooperates with United

22 States law enforcement authorities on anti23 money laundering efforts?

24 ‘‘(D) Has that government taken the legal

25 and law enforcement steps necessary to elimi-
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1 nate, to the maximum extent possible, bribery

2 and other forms of public corruption, which fa3 cilitate international organized crime, or which

4 discourage the investigation and prosecution of

5 such acts, as evidenced by the enactment and

6 enforcement of laws prohibiting such conduct?

7 ‘‘(E) Has that government, as a matter of

8 government policy, encouraged or facilitated

9 international organized crime?

10 ‘‘(F) Does any senior official of that gov11 ernment engage in, encourage, or facilitate

12 international organized crime?

13 ‘‘(G) Has that government investigated ag14 gressively all cases in which any member of an

15 agency of the United States Government en16 gaged in enforcement activities against inter17 national organized crime, has been the victim of

18 acts or threats of violence, inflicted by or with

19 the complicity of any law enforcement or other

20 officer of such country or any political subdivi21 sion thereof, and energetically sought to bring

22 the perpetrators of such offense or offenses to

23 justice?

24 ‘‘(H) Having been requested to do so by

25 the United States Government, does that gov-
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1 ernment fail to provide reasonable cooperation

2 to lawful activities of United States enforce3 ment agents against international organized

4 crime?

5 ‘‘(I) Has that government made necessary

6 changes in legal codes in order to enable law

7 enforcement officials to move more effectively

8 against international organized criminals such

9 as new conspiracy laws and new asset seizure

10 laws?

11 ‘‘(J) Has that government expeditiously

12 processed United States extradition requests re13 lating to international organized criminals?

14 ‘‘(K) Has that government refused to pro15 tect or give haven to any known international

16 organized criminal, and has it expeditiously

17 processed extradition requests relating to inter18 national organized criminals made by other

19 countries?

20 ‘‘(4) CONGRESSIONAL REVIEW.—Paragraph (1)

21 shall apply without regard to paragraph (2) if, with22 in 45 days of continuous session (within the mean23 ing of section 601(b)(1) of the International Secu24 rity Assistance and Arms Export Control Act of

25 1976) after receipt of a certification under para-
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1 graph (2), the Congress enacts a joint resolution dis2 approving the determination of the President con3 tained in such certification.

4 ‘‘(5) DENIAL OF ASSISTANCE FOR COUNTRIES

5 DECERTIFIED.—If the President does not make a

6 certification under paragraph (2) with respect to a

7 country or the Congress enacts a joint resolution

8 disapproving such certification, then until such time

9 as the conditions specified in paragraph (6)(A) are

10 satisfied—

11 ‘‘(A) funds may not be obligated for Unit12 ed States assistance for that country, and funds

13 previously obligated for United States assist14 ance for that country may not be expended for

15 the purpose of providing assistance for that

16 country; and

17 ‘‘(B) the requirement to vote against mul18 tilateral development bank assistance pursuant

19 to paragraph (1)(B) shall apply with respect to

20 that country, without regard to the date speci21 fied in that paragraph.

22 ‘‘(6) RECERTIFICATION.—(A) Paragraph (5)

23 shall apply to a country until—

24 ‘‘(i) the President makes a certification

25 under paragraph (2) with respect to that coun-
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1 try, and the Congress does not enact a joint

2 resolution under paragraph (4) disapproving

3 the determination of the President contained in

4 that certification; or

5 ‘‘(ii) the President submits at any other

6 time a certification of the matters described in

7 paragraph (2) with respect to such country, and

8 the Congress enacts a joint resolution approving

9 the determination of the President contained in

10 that certification.

11 ‘‘(B)(i) Any joint resolution under this sub12 section shall be considered in the Senate in accord13 ance with the provisions of section 601(b) of the

14 International Security Assistance and Arms Export

15 Control Act of 1976.

16 ‘‘(ii) For the purpose of expediting the consid17 eration and enactment of joint resolutions under this

18 subsection, a motion to proceed to the consideration

19 of any such joint resolution after it has been re20 ported by the appropriate committee shall be treated

21 as highly privileged in the House of Representatives.

22 ‘‘(h) DEFINITIONS.—As used in this section—

23 ‘‘(1) the term ‘legal and law enforcement meas24 ures’ means—
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1 ‘‘(A) the enactment and implementation of

2 laws and regulations or the implementation of

3 existing laws and regulations to provide for the

4 progressive prosecution and gradual elimination

5 of organized criminal groups; and

6 ‘‘(B) the effective organization, staffing,

7 equipping, funding, and activation of those gov8 ernmental authorities responsible for organized

9 crime control;

10 ‘‘(2) the term ‘major organized crime source

11 country’ is a country in which organized criminal

12 groups with operations significantly affecting the

13 United States are located or have a significant pres14 ence; and

15 ‘‘(3) the term ‘United States assistance’ means

16 assistance of any kind which is provided by grant,

17 sale, loan, lease, credit, guaranty, or insurance, or

18 by any other means, by any agency or instrumental19 ity of the United States Government to any foreign

20 country, including—

21 ‘‘(A) assistance under this Act (including

22 programs under title IV of chapter 2 of this

23 part);

24 ‘‘(B) sales, credits, and guaranties under

25 the Arms Export Control Act;
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1 ‘‘(C) sales under title I or III and dona2 tions under title II of the Agricultural Trade

3 Development and Assistance Act of 1954 of

4 nonfood commodities;

5 ‘‘(D) other financing programs of the

6 Commodity Credit Corporation for export sales

7 of nonfood commodities; and

8 ‘‘(E) financing under the Export-Import

9 Bank Act of 1945,

10 except that the term ‘United States assistance’ does

11 not include (i) international narcotics control assist12 ance under this chapter, (ii) disaster relief assistance

13 (including any assistance under chapter 9 of this

14 part), (iii) assistance which involves the provision of

15 food or medicine, (iv) assistance for refugees, (v) as16 sistance under the Inter-American Foundation Act,

17 (vi) assistance from the Child Survival Fund under

18 section 104(c)(2) of this Act, (vii) assistance for

19 narcotics education and awareness activities under

20 section 126(b)(2) of this Act (but any such assist21 ance shall be subject to the prior notification proce22 dures applicable to reprogrammings pursuant to sec23 tion 634A of this Act), or (viii) activities authorized

24 pursuant to the National Security Act of 1947 (50

25 U.S.C. 410 et seq.), the Central Intelligence Agency
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1 Act of 1949 (50 U.S.C. 403a et seq.), or Executive

2 Order No. 12333 (December 4, 1981).’’.

3 SEC. 3. EXTRADITION AND MUTUAL LEGAL ASSISTANCE

4 WITH RESPECT TO TAIWAN.

5 Section 4(b) of the Taiwan Relations Act (22 U.S.C.

6 3303(b)) is amended by adding at the end the following

7 new paragraph:

8 ‘‘(9) Nothing in this Act may be construed in any

9 administrative or judicial proceeding as preventing the ne10 gotiation of, or entry into any agreement by, the American

11 Institute in Taiwan regarding extradition or mutual legal

12 assistance with respect to Taiwan.’’.

13 SEC. 4. DEATH PENALTY FOR KIDNAPPING.

14 Section 1201(a) of title 18, United States Code, is

15 amended by adding at the end thereof the following: ‘‘Any

16 person who during the commission of, in furtherance of,

17 or while attempting to avoid apprehension for, a violation

18 of this subsection causes the death of another person shall

19 be punished by death or by imprisonment for life.’’.

20 SEC. 5. REPORT ON SUCCESS OF ROYAL HONG KONG PO21 LICE RECRUITMENT.

22 Not later than 6 months after the date of enactment

23 of this Act, the Attorney General, in concert with the Di24 rector of the Federal Bureau of Investigation, the Admin25 istrator of the Drug Enforcement Agency, the Commis-
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1 sioner of the Immigration and Naturalization Service, and

2 the Commissioner of the Customs Service, shall report to

3 Congress and the President on the efforts made, and the

4 success of such efforts, to recruit and hire former Royal

5 Hong Kong Police officers into Federal law enforcement

6 positions. This report shall discuss any legal or adminis7 trative barriers preventing a program of adequate recruit8 ment of former Royal Hong Kong Police officers.

9 SEC. 6. REPORT ON SECRET SERVICE SUCCESS AGAINST

10 CREDIT CARD COUNTERFEITING.

11 Not later than 6 months after the date of enactment

12 of this Act, the Secretary of the Treasury shall report to

13 Congress and the President on the success of Secret Serv14 ice efforts to combat credit card counterfeiting with ties

15 to the United States region. This report shall detail the

16 number of related warrants executed, arrests made, indict17 ments obtained, property seized, successful prosecutions,

18 and the trend and volume of reported counterfeit activity.

19 SEC. 7. LEGAL CARD CLUB CURRENCY TRANSACTION RE20 PORTS.

21 Section 5312(a)(2) of title 31, United States Code,

22 is amended—

23 (1) by striking ‘‘or’’ after the semicolon in sub24 paragraph (X);
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1 (2) by redesignating subparagraph (Y) as sub2 paragraph (Z); and

3 (3) by inserting after subparagraph (X) the

4 following:

5 ‘‘(Y) any legal gaming club where legal gam6 bling is conducted involving a card game played for

7 currency, check, credit, or any other thing of value

8 which is not prohibited and made unlawful under

9 Federal, State, or local law, except for a legal gam10 ing club already required to file currency transaction

11 reports under existing State laws; or’’.

12 SEC. 8. REPORTS ON TASK FORCES FOCUSED ON ASIAN OR13 GANIZED CRIME.

14 (a) ATTORNEY GENERAL.—Not later than 6 months

15 after the date of enactment of this Act, the Attorney Gen16 eral shall report to the Congress and the President on the

17 progress of efforts to create task forces dedicated to Asian

18 organized crime.

19 (b) ATTORNEY GENERAL AND IMMIGRATION AND

20 NATURALIZATION SERVICE.—Not later than 6 months

21 after the date of enactment of this Act, the Attorney Gen22 eral and the Commissioner of the Immigration and Natu23 ralization Service to report to the Congress and the Presi24 dent on—
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1 (1) the status of Immigration and Naturaliza2 tion Service participation in all new and existing

3 task forces dedicated to organized crime; and

4 (2) the status of proposed Immigration and

5 Naturalization Service Asian Crime Task Forces.

6 SEC. 9. INCREASED PENALTY FOR VISA FRAUD.

7 (a) FALSE STATEMENT.—Section 1542 of title 18,

8 United States Code, is amended by striking ‘‘fined not

9 more than $2,000 or imprisoned not more than five years,

10 or both’’ and inserting ‘‘fined under this title or impris11 oned not more than 10 years, or both’’.

12 (b) FORGERY.—Section 1543 of title 18, United

13 States Code, is amended by striking ‘‘fined not more than

14 $2,000 or imprisoned not more than five years, or both’’

15 and inserting ‘‘fined under this title or imprisoned not

16 more than 10 years, or both’’.

17 (c) MISUSE OF PASSPORT.—Section 1544 of title 18,

18 United States Code, is amended by striking ‘‘fined not

19 more than $2,000 or imprisoned not more than five years,

20 or both’’ and inserting ‘‘fined under this title or impris21 oned not more than 10 years, or both’’.

22 (d) SAFE CONDUCT VIOLATION.—Section 1545 of

23 title 18, United States Code, is amended by striking

24 ‘‘fined not more than $2,000 or imprisoned not more than
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1 three years, or both’’ and inserting ‘‘fined under this title

2 or imprisoned not more than 10 years, or both’’.

3 (e) FRAUD AND MISUSE OF VISAS.—Section 1546(a)

4 of title 18, United States Code, is amended by striking

5 ‘‘fined not more than $2,000 or imprisoned not more than

6 five years, or both’’ and inserting ‘‘fined under this title

7 or imprisoned not more than 10 years, or both’’.

8 SEC. 10. INTERNATIONAL CARRIERS’ RESPONSIBILITY.

9 (a) IN GENERAL.—Section 273 of the Immigration

10 and Nationality Act (8 U.S.C. 1323) is amended—

11 (1) in subsection (a), by striking ‘‘(other than

12 from foreign contiguous territory)’’;

13 (2) by redesignating subsections (c) and (d) as

14 subsections (e) and (f), respectively;

15 (3) by inserting after subsection (b) the

16 following:

17 ‘‘(c) RECORDS.—The Attorney General shall main18 tain a record of each undocumented alien arriving on or

19 after the date of enactment of this subsection at a United

20 States port of entry and of the carrier which brought such

21 alien to that port of entry.’’;

22 (4) by inserting after subsection (c) (as added

23 by paragraph (4)), the following:

24 ‘‘(d) REPEAT OFFENSES.—(1) If the Attorney Gen25 eral determines that, during the preceding calendar year,
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1 any carrier has delivered an average of more than 0.5 un2 documented aliens per arrival at United States ports of

3 entry then, for the next calendar year, in lieu of the pen4 alty of $3,000 specified in subsection (b), such carrier

5 shall pay to the Commissioner a penalty of $15,000 for

6 each alien brought in violation of subsection (a).

7 ‘‘(2) If the Attorney General determines that, during

8 the preceding calendar year, any carrier has delivered an

9 average of more than 1.5 undocumented aliens per arrival

10 at United States ports of entry, then, for the next calendar

11 year, in lieu of the penalties specified in subsection (b)

12 and in paragraph (1) of this subsection, such carrier shall

13 pay to the Commissioner a penalty of $30,000 for each

14 alien brought in violation of subsection (a).

15 ‘‘(3) If the Attorney General determines that, in the

16 preceding calendar year, any carrier has delivered an aver17 age of more than 2 undocumented aliens per arrival at

18 United States ports of entry, then such carrier shall forfeit

19 all landing rights in the United States for the next cal20 endar year.’’; and

21 (5) subsection (e) (as redesignated) is amend22 ed—

23 (A) by inserting after ‘‘refunded,’’ the fol24 lowing: ‘‘unless the alien transported is granted
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1 political asylum status in the United States or’’;

2 and

3 (B) by inserting before the period at the

4 end thereof ‘‘or that the visa or other immigra5 tion documentation presented to the carrier was

6 forged, counterfeit, altered, falsely made, stolen,

7 or inapplicable to the alien presenting the docu8 ment.’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a)(4) shall take effect on January 1 of the sec11 ond calendar year following the date of enactment of this

12 Act.

13 SEC. 11. INCREASED PENALTIES FOR ALIEN SMUGGLING.

14 Pursuant to section 994 of title 28, United States

15 Code, the United States Sentencing Commission shall pro16 mulgate guidelines, or amend existing guidelines, to pro17 vide that a defendant convicted of violating, or conspiring

18 to violate section 1324(a) of title 8, United States Code,

19 shall be assigned not less than offense level 25 under sec20 tion 2L1.1 of the United States Sentencing Guidelines if

21 any of the following factors exist—

22 (1) if the offense involved five or more aliens in

23 a single scheme or otherwise;

24 (2) if the offense involved other criminal activ25 ity including, but not limited to, violations of the
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1 Controlled Substances Act, prostitution, importation

2 of aliens for immoral purposes, trafficking in fire3 arms, money laundering, illegal gang activities, kid4 napping or ransom demands, fraudulent documents,

5 or extortion;

6 (3) if the offense involves smuggling of persons

7 under the age of 18 years for purposes of illegal

8 adoption, or sexual or commercial exploitation;

9 (4) if the offense involves the smuggling of

10 known or suspected terrorists or persons involved in

11 organized crime;

12 (5) if the offense involves dangerous or inhu13 mane treatment of the persons smuggled; and

14 (6) if death or serious bodily harm occurs to

15 persons smuggled, increase by 3.

16 Otherwise, the base offense level shall be 13, except for

17 an offense as described in section 1324(a)(2)(A) of title

18 8, United States Code.

19 SEC. 12. REPORT ON BETTER UTILIZATION OF THE FED20 ERAL BUREAU OF INVESTIGATION’S OVER21 SEAS OPERATIONS AGAINST INTERNATIONAL

22 ORGANIZED CRIME.

23 Not later than 6 months after the date of enactment

24 of this Act, the Attorney General, in consultation with the

25 Director of the Federal Bureau of Investigation, shall re-
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1 port to the Congress on how the organized crime expertise

2 of the Federal Bureau of Investigation and its overseas

3 operations can be better utilized against international or4 ganized crime.

5 SEC. 13. SENSE OF THE SENATE REGARDING THE ROLE OF

6 THE UNITED NATIONS IN INTERNATIONAL

7 ORGANIZED CRIME CONTROL.

8 (a) FINDINGS.—The Senate finds that—

9 (1) international criminal activity has increased

10 dramatically over the past decade, and has been fa11 cilitated by modern developments in transportation

12 and communications, relaxed travel restrictions, and

13 the greatly increased volume of international trade;

14 (2) the expansion of international criminal ac15 tivity is reflected in the growth of requests for mu16 tual legal assistance and extradition made by the

17 United States to other countries and vice-versa,

18 which increased from 535 in 1984 to 2,238 in 1992;

19 (3) the global reach of organized crime con20 stitutes a serious threat to the security and stability

21 of sovereign nations;

22 (4) the expanding scope of international orga23 nized crime necessitates greater cooperation among

24 nations to prosecute and eliminate organized crimi25 nal groups;
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1 (5) there is an urgent need for new approaches

2 designed to allow the international law enforcement

3 community to pursue international criminals across

4 national boundaries;

5 (6) the United Nations Convention against Il6 licit Traffic in Narcotic Drugs and Psychotropic

7 Substances has helped bring about improved inter8 national cooperation with respect to narcotics;

9 (7) the current role of the United Nations with

10 respect to international organized crime is limited by

11 the lack of a binding international convention deal12 ing with the broad range of organized criminal activ13 ity beyond narcotics;

14 (8) the United Nations Commission on Crime

15 Prevention and Criminal Justice has successfully fa16 cilitated the negotiation and implementation of mu17 tual legal assistance and extradition treaties between

18 certain nations, and has helped train nations to ef19 fectively execute the terms of such treaties; and

20 (9) the United Nations Commission on Crime

21 Prevention and Criminal Justice currently has lim22 ited authority and resources.

23 (b) SENSE OF THE SENATE.—It is the sense of the

24 Senate that—
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1 (1) the United States should encourage the de2 velopment of a United Nations Convention on Orga3 nized Crime; and

4 (2) the United Nations should provide signifi5 cant additional resources to the Commission on

6 Crime Prevention and Criminal Justice, consider an

7 expansion of the Commission’s role and authority,

8 and seek a cohesive approach to the international or9 ganized crime problem.

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