II

106TH CONGRESS

2D SESSION S. 2783

Entitled the ‘‘21st Century Law Enforcement and Public Safety Act’’.

IN THE SENATE OF THE UNITED STATES

JUNE 26, 2000

Mr. LEAHY (by request) introduced the following bill; which was read twice

and referred to the Committee on the Judiciary

A BILL

Entitled the ‘‘21st Century Law Enforcement and Public

Safety Act’’.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘21st Century Law Enforcement and Public Safety Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short Title; Table of Contents.

TITLE I—SUPPORTING LOCAL LAW ENFORCEMENT AND

PROMOTING CRIME-FIGHTING TECHNOLOGIES

Sec. 1001. 21st Century Community Policing Initiative.

Sec. 1002. Community Prosecution Program Grants.

Sec. 1003. Rural Law Enforcement Grant Set-Asides.

Sec. 1004. Amendments to the Police Corps Act.
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Sec. 1005. Awards to State and Local Law Enforcement.

Sec. 1006. Reauthorization of Bureau of Justice Assistance And The Byrne

State And Local Law Enforcement Assistance Grant Programs.

Sec. 1007. Body Armor Penalty Enhancement.

Sec. 1008. Extension of Bulletproof Vest Partnership Grant Act.

Sec. 1009. Integrated Information Technology Assistance Act.

Sec. 1010. Authorization to Link State and Local Law Enforcement to Worldwide Police Communications Network.

Sec. 1011. Inclusion of Federal, Military, and District of Columbia Offenders

in the DNA Identification Index.

TITLE II—BREAKING THE CYCLE OF DRUGS AND VIOLENCE

Subtitle A—Zero Tolerance Drug Supervision

Sec. 2001. Grant Authority.

Sec. 2002. Administration.

Sec. 2003. Applications.

Sec. 2004. Federal Share.

Sec. 2005. Geographic Distribution.

Sec. 2006. Technical Assistance, Training, and Evaluation.

Sec. 2007. Authorization of Appropriations.

Sec. 2008. Permanent Set-aside for Research and Evaluation.

Sec. 2009. Additional Requirements for the Use of Funds under the Violent Offender Incarceration and Truth-in-sentencing Grant Programs.

Sec. 2010. Reauthorization of Residential Substance Abuse Treatment Grant

Program.

Sec. 2011. Use of Residential Substance Abuse Treatment Grants to Provide

for Services During and after Incarceration.

Sec. 2012. Reestablishment of Drug Courts.

Sec. 2013. Exceptions to Time Limits For Byrne Program Grants For Certain

Purposes.

Sec. 2014. Provision to Free Existing Prison Space for Violent Offender Incarceration.

Subtitle B—Anti-Drug Provisions

Sec. 2021. National Standard to Prohibit Operation of Motor Vehicles by Intoxicated Individuals.

Sec. 2022. Drug Free Teenage Drivers.

Sec. 2023. Amendments Concerning Temporary Emergency Scheduling.

Sec. 2024. Amendment to Reporting Requirement for Transactions Involving

Certain Listed Chemicals.

Sec. 2025. Amphetamine Penalty Increases.

Sec. 2026. Anabolic Agents.

Sec. 2027. Drug Paraphernalia.

Sec. 2028. Counterfeit Substances/Imitation Controlled Substances.

Sec. 2029. Amendments to the Controlled Substances Import and Export Act.

Sec. 2030. Conforming Amendment Concerning Marijuana Plants.

Sec. 2031. Conforming Amendment Relating to Flunitrazepam Penalties.

Sec. 2032. Increased Penalties for Using Minors to Distribute Drugs.

Sec. 2033. Increased Penalty for Distributing Drugs to Minors.

Sec. 2034. Increased Penalty for Drug Trafficking in or near a School or Other

Protected Location.
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Sec. 2035. Serious Juvenile Drug Trafficking Offenses as Armed Career Criminal Act Predicates.

Sec. 2036. Increased Penalties for Using Federal Property to Grow or Manufacture Controlled Substances.

Sec. 2037. Clarification of Length of Supervised Release Terms in Controlled

Substance Cases.

Sec. 2038. Technical Correction to Ensure Compliance of Sentencing Guidelines with Provisions of All Federal Statutes.

Sec. 2039. Exclusion of Persons Who Have Benefitted from Illicit Activities of

Drug Traffickers.

Sec. 2040. Enhancing Prosecutions in International Drug and Money Laundering Cases.

Sec. 2041. Import and Export of Chemicals Used to Produce Illicit Drugs.

Sec. 2042. Amendments to Drive-By Shooting Statute.

Subtitle C—Anti-Drug and Organized Crime Money Laundering Act

Sec. 2051. Illegal Money Transmitting Businesses.

Sec. 2052. Restraint of Assets of Persons Arrested Abroad.

Sec. 2053. Long-arm Jurisdiction Over Foreign Money Launderers.

Sec. 2054. Laundering Money Through a Foreign Bank.

Sec. 2055. Specified Unlawful Activity for Money Laundering.

Sec. 2056. Criminal Forfeiture for Money Laundering Conspiracies.

Sec. 2057. Subpoenas for Bank Records.

Sec. 2058. Charging Money Laundering as a Course of Conduct.

Sec. 2059. Venue in Money Laundering Cases.

Sec. 2060. Technical Amendment to Restore Wiretap Authority for Certain

Money Laundering Offenses.

Sec. 2061. Knowledge That the Property Is the Proceeds of a Felony.

Sec. 2062. Money Purchased on the Black Market.

Sec. 2063. Money Laundering Transactions; Commingled Accounts.

Sec. 2064. Discovery Procedure for Locating Laundered Money.

Sec. 2065. Repatriation of Property Placed Beyond the Jurisdiction of the

Court.

Sec. 2066. Laundering the Proceeds of Terrorism.

Sec. 2067. Bulk Cash Smuggling.

Sec. 2068. Currency Couriers.

Sec. 2069. Violations of Section 6050I.

Sec. 2070. Proceeds of Foreign Crimes.

Sec. 2071. Authorization to Share Recovered Property with Cooperating Foreign Governments.

Sec. 2072. In Personam Judgments.

Sec. 2073. Criminal Forfeiture of Property in Government Custody.

Sec. 2074. Restraint of Property Subject to Criminal Forfeiture.

Sec. 2075. Including Agencies of Tribal Governments in the Definition of a Financial Institution.

Sec. 2076. Penalties for Violations of Geographic Targeting Orders and Certain

Record-Keeping Requirements.

TITLE III—FIGHTING TERRORISM AND INTERNATIONAL CRIME

Subtitle A—Investigating and Punishing Violent Crimes Against U.S.

Nationals Abroad

Sec. 3001. Extortion Against U.S. Nationals Abroad in Furtherance of Organized Crime.
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Sec. 3002. Murder and Serious Assault of a State or Local Official Abroad.

Subtitle B—Strengthening The Air, Land And Sea Borders of The United

States

CHAPTER 1—VIOLENCE COMMITTED ALONG U.S. BORDER

Sec. 3011. Felony Punishment for Violence Committed along the U.S. Border.

CHAPTER 2—STRENGTHENING MARITIME LAW ENFORCEMENT ALONG U.S.

BORDERS

Sec. 3021. Sanctions for Failure to Heave To, Obstructing a Lawful Boarding,

and Providing False Information.

Sec. 3022. Civil Penalties to Support Maritime Law Enforcement.

Sec. 3023. Customs Orders.

CHAPTER 3—SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS

Sec. 3031. Smuggling Contraband and Other Goods from the United States.

Sec. 3032. Controlling Illicit Liquor Trafficking.

Sec. 3033. Customs Duties.

Sec. 3034. False Certifications Relating to Exports.

Subtitle C—Denying Safe Haven to International Criminals

CHAPTER 1—STRENGTHENING EXTRADITION TO ENSURE INTERNATIONAL

CRIMINALS ARE BROUGHT TO JUSTICE

Sec. 3041. Extradition for Offenses Not Covered by a List Treaty.

Sec. 3042. Extradition Absent a Treaty.

Sec. 3043. Technical and Conforming Amendments.

CHAPTER 2—STRENGTHENING IMMIGRATION LAWS TO EXCLUDE

INTERNATIONAL CRIMINALS FROM THE UNITED STATES

Sec. 3051. Exclusion of Persons Fleeing Prosecution in Other Countries.

Sec. 3052. Exclusion of Persons Involved in Racketeering and Arms Trafficking.

Sec. 3053. Exclusion of Persons Involved in International Alien Smuggling.

CHAPTER 3—ADDITIONAL TOOLS TO DENY SAFE HAVEN TO INTERNATIONAL

CRIMINALS

Sec. 3061. Temporary Transfer of Persons in Custody for Prosecution.

Sec. 3062. Transfer of Prisoners to Serve Sentences in Country of Origin.

Sec. 3063. Transit of Fugitives for Prosecution in Foreign Countries.

Subtitle D—Seizing And Forfeiting The Assets of International Criminals

Sec. 3071. Border Search Authority for Certain Contraband.

Sec. 3072. Forfeiture of Property Used to Violate Federal Explosives Laws.

Sec. 3073. Administrative Summons Authority under the Bank Secrecy Act.

Sec. 3074. Exempting Financial Enforcement Data from Unnecessary Disclosure.

Sec. 3075. Civil Penalties under the International Emergency Economic Powers

Act.

Sec. 3076. Attempted Violations of the Trading With the Enemy Act.
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Subtitle E—Responding to Emerging International Crime Threats

Sec. 3081. Jurisdiction over Certain Financial Crimes Committed Abroad.

Sec. 3082. Amendment to the Computer Fraud and Abuse Act.

Subtitle F—Promoting Global Cooperation in the Fight Against International

Crime

Sec. 3101. Streamlined Procedures for Execution of Mutual Legal Assistance

Requests.

Sec. 3102. Temporary Transfer of Incarcerated Witnesses.

Sec. 3103. Training of Foreign Law Enforcement Agencies.

Sec. 3104. Discretionary Authority to Use Forfeiture Proceeds.

Subtitle G—Streamlining the Investigation and Prosecution Of International

Crimes in U.S. Courts

Sec. 3111. Reimbursement of State and Local Law Enforcement Agencies in

International Crime Cases.

Sec. 3112. Safe Conduct for Foreign Witnesses Testifying in U.S. Courts.

Sec. 3113. Prohibiting Fugitives from Benefitting from Time Served Abroad.

Sec. 3114. Suspension of Statute of Limitations for Collection of Evidence Located Abroad.

Sec. 3115. Clarification of Discretionary Nature of Payments to Informants.

Sec. 3116. Enhanced Tools to Investigate Illicit Arms Trafficking.

Subtitle H—Terrorism

Sec. 3121. Expansion of the Biological Weapons Statute.

Sec. 3122. Rail and Mass Transportation Anti-Terrorism and Violence.

TITLE IV—PROTECTING AMERICANS AND SUPPORTING VICTIMS

OF CRIME

Subtitle A—Violence Against Women

Sec. 4001. Reauthorization of STOP Grants.

Sec. 4002. Role of the Courts.

Sec. 4003. Grants to Encourage Arrest Policies.

Sec. 4004. Reauthorization of Rural Domestic Violence and Child Abuse Enforcement Grants.

Sec. 4005. Educational Institutions and Violence Against Women.

Sec. 4006. Ten Percent Set-Aside of VAWA Grant Funds for Training and

Technical Assistance.

Sec. 4007. Protection for Victims of Trafficking.

Sec. 4008. Battered Immigrant Women.

Sec. 4009. Reauthorization And Amendment of Programs Under The Family

Violence Prevention And Services Act.

Sec. 4010. Civil Legal Assistance Grants.

Sec. 4011. Authorization of Appropriations for Rape Prevention Education.

Subtitle B—Children Exposed to Violence

Sec. 4012. Child Abuse Murders.

Sec. 4013. Sentencing Enhancements for Crimes Committed in the Presence of

Children.

Sec. 4014. Amendments Relating to Child Victims’ and Child Witnesses’

Rights.
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Sec. 4015. Technical Corrections to Forfeiture Statute for Sexual Exploitation

of Minors.

Sec. 4016. Amendment to Restitution Statutes.

Subtitle C—Victims Assistance

Sec. 4021. Assistance for Federal Law Enforcement Victim Services.

Sec. 4022. Compensation and Assistance to Victims of Terrorism or Mass Violence.

Sec. 4023. Amendment to the Crime Victims with Disabilities Act.

Sec. 4024. Expanded Jurisdiction over Child Buying and Selling Offenses.

Subtitle D—Health Care Fraud and Abuse

Sec. 4031. Attorney General Injunction Authority.

Sec. 4032. Attorney General Authority to Seek Civil Penalties.

Sec. 4033. Grand Jury Disclosure.

Sec. 4034. Authorized Investigative Demand Procedures.

Sec. 4035. Study and Report on Health Care Fraud Sentences.

Sec. 4036. Provisions Protecting the Interests of False Claims Act Matters in

Bankruptcy Proceedings.

Sec. 4037. Extending Anti-Fraud Safeguards to the Federal Employees Health

Benefits Program.

Sec. 4038. Preventing And Punishing Abuse And Neglect of Elderly And Other

Residents in Nursing Homes And Residential Health Care Facilities.

Subtitle E—Consumer Fraud

Sec. 4041. Blocking Telemarketing Scams.

Subtitle F—Pension-Welfare and Labor-Management Racketeering Act

Sec. 4051. Fraud in Relation to Retirement Arrangements.

Sec. 4052. Civil Penalty for Violation of Section 1348.

Sec. 4053. Bribery and Graft in Connection with Employee Benefit Plans.

Sec. 4054. Increased Penalty for Theft and Embezzlement from Employee Benefit Plans and Connected Funds.

Sec. 4055. Payments of Things of Value to Persons with Actual or Apparent

Influence or Decision-making Authority.

Sec. 4056. Receipt of Things of Value by Persons with Actual or Apparent Influence or Decision-making Authority.

Sec. 4057. Attempt to Violate Taft-Hartley Section 302.

Sec. 4058. Forfeiture for Retirement Offenses.

Subtitle G—Environmental Crimes and Enforcement Act

Sec. 4071. Joint Federal, State, Local, and Tribal Environmental Enforcement.

Sec. 4072. Protection of Government Employees and the Public.

Sec. 4073. Establishment of the State, Local and Tribal Environmental Enforcement Training Program.

Sec. 4074. Statute of Limitations.

Sec. 4075. Attempts.

Sec. 4076. Environmental Crimes Restitution.

Sec. 4077. Prevention of Alienation or Disposal of Assets Needed to Remedy

Environmental Harms Caused by Environmental Crimes.

Subtitle H—Hate Crimes Prevention Act
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Sec. 4081. Short Title.

Sec. 4082. Statement of Findings.

Sec. 4083. Definition of Hate Crime.

Sec. 4084. Prohibition of Certain Acts of Violence.

Sec. 4085. Duties of United States Sentencing Commission.

Sec. 4086. Grant Program.

Sec. 4087. Authorization for Additional Personnel to Assist State and Local

Law Enforcement.

Sec. 4088. Severability.

TITLE V—STRENGTHENING FEDERAL CRIMINAL LAWS TO

COMBAT VIOLENT AND WHITE-COLLAR CRIME

Subtitle A—Bolstering Federal Law to Fight Violent Crime and Apprehend

Dangerous Fugitives

Sec. 5001. Fugitive Apprehension Act of 2000.

Sec. 5002. Amendments Relating to Violent Crime in Indian Country and

Areas of Exclusive Federal Jurisdiction.

Sec. 5003. Kidnapping.

Sec. 5004. Offenses Committed Outside the United States by Persons Accompanying the Armed Forces.

Sec. 5005. Status Killings of Federal Employees and Consolidation of 18

U.S.C. 1114 and 1121.

Sec. 5006. Threats Against Former Presidents and Others Eligible for Secret

Service Protection.

Sec. 5007. Participation of Foreign and State Government Personnel Under

Federal Supervision in Certain Interceptions.

Sec. 5008. Removal of the Sunset Provision for the S Visa Classification Program.

Sec. 5009. Federal Judiciary Security Act.

Sec. 5010. Autopsy Authority.

Sec. 5011. Administrative Summons Authority for the United States Secret

Service’s Protective Function Responsibilities.

Sec. 5012. Establishing Permanent One Percent Research and Evaluation Setasides for Certain Programs.

Subtitle B—Combating Crime and Improving Operations in Correction

Facilities

Sec. 5021. Increased Penalties and Expanded Jurisdiction for Sexual Abuse Offenses in Correctional Facilities.

Sec. 5022. Increased Penalties and Expanded Jurisdiction for Contraband Offenses in Correctional Facilities.

Sec. 5023. Removal of Wiretap Restrictions from Prison Communications.

Sec. 5024. Improving Efficiency Through Improved Medical Payment Rules in

Prisons and Related Facilities.

Sec. 5025. Judicial District Designation.

Subtitle C—Improvements in Federal Law Relating to White Collar Crime

Sec. 5031. Elimination of Proof of Value Requirement for Felony Theft or Conversion of Grand Jury Material.

Sec. 5032. Amendment of Interstate Travel Fraud Statute to Cover Travel by

Perpetrator.

Sec. 5033. Conforming Penalty Amendment for Frauds Resulting in Serious

Injury or Death.
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Sec. 5034. Forfeiture of Computers And Other Devices Used For Counterfeiting.

Sec. 5035. Conforming Amendment.

Sec. 5036. Increased Maximum Corporate Penalty for Antitrust Violations.

Subtitle D—Federal Law Enforcement Programs.

Sec. 5041. Federal Prosecutor Ethics Act.

Sec. 5042. Strengthening Law Enforcement Efforts in U.S. Territories And

Possessions.

Sec. 5043. Agencies Authorized to Investigate Violations.

Subtitle E—Improvements to Federal Sentencing Laws

Sec. 5051. Prison Credit and Aging Prisoner Reform.

Sec. 5052. Correction of Aberrant Statutes to Permit Imposition of Both a

Fine and Imprisonment Rather than Only Either Penalty.

Sec. 5053. Amendment of Federal Sentencing Guidelines for Counterfeit Bearer Obligations of the United States.

1 TITLE I—SUPPORTING LOCAL

2 LAW ENFORCEMENT AND

3 PROMOTING CRIME-FIGHT4 ING TECHNOLOGIES

5 SEC. 1001. 21st CENTURY COMMUNITY POLICING INITIA6 TIVE.

7 (a) Section 1701(a) of title I of the Omnibus Crime

8 Control and Safe Streets Act of 1968 (42 U.S.C.

9 3796dd(a)) is amended by—

10 (1) inserting ‘‘and prosecutor’’ after ‘‘increase

11 police’’; and

12 (2) inserting ‘‘to enhance law enforcement ac13 cess to new technologies, and’’ after ‘‘presence,’’.

14 (b) Section 1701(b) of title I of the Omnibus

15 Crime Control and Safe Streets Act of 1968 (42

16 U.S.C. 3796dd(b)) is amended—

17 (1) in paragraph (1)—
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1 (A) by striking ‘‘and’’ at the end of sub2 paragraph (B);

3 (B) by striking the period at the end of

4 subparagraph (C) and inserting ‘‘; and’’; and

5 (C) by adding at the end the following:

6 ‘‘(D) promote higher education among in7 service State and local law enforcement officers

8 by reimbursing them for the costs associated

9 with seeking a college or graduate school edu10 cation.’’;

11 (2) in paragraph (2) by striking all that follows

12 ‘‘SUPPORT SYSTEMS.’’ and inserting ‘‘Grants

13 pursuant to paragraph (1)(C) may not exceed 20

14 percent of the funds available for grants pursuant to

15 this subsection in any fiscal year.’’.

16 (c) Section 1701(d) of title I of the Omnibus Crime

17 Control and Safe Streets Act of 1968 (42 U.S.C.

18 3796dd(d)) is amended—

19 (1) in paragraph (2)—

20 (A) by inserting ‘‘integrity and ethics’’

21 after ‘‘specialized’’; and

22 (B) by inserting ‘‘and’’ after ‘‘enforcement

23 officers’’;
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1 (2) in paragraph (7) by inserting ‘‘school offi2 cials, values-based organizations,’’ after ‘‘enforce3 ment officers’’;

4 (3) in paragraph (10) by striking ‘‘and’’ that

5 appears at the end;

6 (4) in paragraph (11) by striking the period

7 that appears at the end and inserting ‘‘; and’’;

8 (5) by adding at the end the following:

9 ‘‘(12) develop and implement innovative pro10 grams (such as the TRIAD program) that bring to11 gether a community’s sheriff, chief of police, and el12 derly residents to address the public safety concerns

13 of older citizens.’’.

14 (d) Section 1701(f) of title I of the Omnibus Crime

15 Control and Safe Streets Act of 1968 (42 U.S.C.

16 3796dd(f)) is amended—

17 (1) in paragraph (1)—

18 (A) by inserting ‘‘use up to 5 percent of

19 the funds appropriated under subsection (a) to’’

20 after ‘‘The Attorney General may’’;

21 (B) by inserting at the end the following:

22 ‘‘Further, the Attorney General may use up to

23 5 percent of the funds appropriated under sub24 section (d), (e), and (f) for technical assistance

25 and training to States, units of local govern-
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1 ment, Indian tribal governments, and to other

2 public and private entities for those respective

3 purposes.’’;

4 (2) in paragraph (2) by inserting ‘‘under sub5 section (a)’’ after ‘‘the Attorney General’’;

6 (3) in paragraph (3)—

7 (A) by striking ‘‘the Attorney General

8 may’’ and inserting ‘‘the Attorney General

9 shall’’;

10 (B) by inserting ‘‘regional community po11 licing institutes’’ after ‘‘operation of’’; and

12 (C) by inserting ‘‘representatives of police

13 labor and management organizations, commu14 nity residents,’’ after ‘‘supervisors,’’.

15 (e) Section 1701 of title I of the Omnibus Crime Con16 trol and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is

17 amended by—

18 (1) striking subsection (k);

19 (2) redesignating subsections (f) through (j) as

20 subsections (g) through (k); and

21 (3) striking subsection (e) and inserting the fol22 lowing:

23 ‘‘(e) LAW ENFORCEMENT TECHNOLOGY PROGRAM.—

24 Grants made under subsection (a) may be used to assist
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1 police departments, in employing professional, scientific,

2 and technological advancements that will help them—

3 ‘‘(1) improve police communications through

4 the use of wireless communications, computers, soft5 ware, videocams, databases and other hardware and

6 software that allow law enforcement agencies to

7 communicate more effectively across jurisdictional

8 boundaries and effectuate interoperability;

9 ‘‘(2) develop and improve access to crime solv10 ing technologies, including DNA analysis, photo en11 hancement, voice recognition, and other forensic ca12 pabilities; and

13 ‘‘(3) promote comprehensive crime analysis by

14 utilizing new techniques and technologies, such as

15 crime mapping, that allow law enforcement agencies

16 to use real-time crime and arrest data and other re17 lated information—including non-criminal justice

18 data—to improve their ability to analyze, predict,

19 and respond pro-actively to local crime and disorder

20 problems, as well as to engage in regional crime

21 analysis.

22 ‘‘(f) COMMUNITY-BASED PROSECUTION PROGRAM.—

23 Grants made under subsection (a) may be used to assist

24 State, local or tribal prosecutors’ offices in the implemen25 tation of community-based prosecution programs that
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1 build on local community policing efforts. Funds made

2 available under this subsection may be used to—

3 ‘‘(1) hire additional prosecutors who will be as4 signed to community prosecution programs, includ5 ing (but not limited to) programs that assign pros6 ecutors to handle cases from specific geographic

7 areas, to address specific violent crime and other

8 local crime problems (including intensive illegal

9 gang, gun and drug enforcement projects and qual10 ity of life initiatives), and to address localized violent

11 and other crime problems based on needs identified

12 by local law enforcement agencies, community orga13 nizations, and others;

14 ‘‘(2) redeploy existing prosecutors to community

15 prosecution programs as described in paragraph (1)

16 of this section by hiring victim and witness coordina17 tors, paralegals, community outreach, and other

18 such personnel; and

19 ‘‘(3) establish programs to assist local prosecu20 tors’ offices in the implementation of programs that

21 help them identify and respond to priority crime

22 problems in a community with specifically tailored

23 solutions.

24 ‘‘(4) LIMITATIONS.—
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1 ‘‘(A) At least 75 percent of the funds made

2 available under this subsection shall be reserved

3 for grants under paragraphs (1) and (2) and of

4 those amounts no more than 10 percent may be

5 used for grants under paragraph (2); and

6 ‘‘(B) At least 25 percent of the funds

7 made available under this subsection shall be

8 reserved for grants to units of local government

9 with a population of less than 50,000.’’.

10 (f) Section 1703 of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3796dd–

12 2) is amended by inserting at the end the following:

13 ‘‘(d) RETENTION GRANTS.—The Attorney General

14 may use up to 5 percent of the funds under subsection

15 (a) to award grants targeted specifically for retention of

16 police officers to grantees in good standing that dem17 onstrate financial hardship or severe budget constraint

18 that impacts the entire local budget and may result in the

19 termination of employment for police officers funded

20 under subsection (b)(1).’’.

21 (g) Section 1704(c) of title I of the Omnibus Crime

22 Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–

23 3(c)) is amended by striking ‘‘$75,000’’ and inserting

24 ‘‘$125,000’’.
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1 (h) Section 1709(1) of title I of the Omnibus Crime

2 Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–

3 8) is amended by inserting after ‘‘criminal laws’’ the fol4 lowing: ‘‘including sheriffs deputies charged with super5 vising offenders who are released into the community but

6 also engaged in local community policing efforts.’’.

7 (i) Section 1001(a) of title I of the Omnibus Crime

8 Control and Safe Streets Act of 1968 is amended—

9 (1) by amending subparagraph (A) to read as

10 follows:

11 ‘‘(A) There are authorized to be appro12 priated to carry out part Q, to remain available

13 until expended—

14 ‘‘(i) $1,335,000,000 for fiscal year

15 2001; and

16 ‘‘(ii) such sums as may be necessary

17 for fiscal years 2002–2005’’;

18 (2) in subparagraph (B)—

19 (i) by striking ‘‘3 percent’’ and inserting

20 ‘‘5 percent’’;

21 (ii) by striking ‘‘85 percent’’ and inserting

22 ‘‘$650,000,000’’; and

23 (iii) by striking ‘‘1701(b),’’ and all that

24 follows through ‘‘of part Q.’’ and inserting the

25 following: ‘‘1701(b) and (c), $200,000,000 to
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1 grants for the purposes specified in section

2 1701(d), $350,000,000 to grants for the pur3 poses specified in section 1701(e), and

4 $200,000,000 to grants for the purposes speci5 fied in section 1701(f).’’.

6 SEC. 1002. COMMUNITY PROSECUTION PROGRAM GRANTS.

7 Subtitle Q of title III of the Violent Crime Control

8 and Law Enforcement Act of 1994 (42 U.S.C. 13861 et

9 seq.) is amended to read as follows:

10 ‘‘Subtitle Q—Community

11 Prosecution Program Grants

12 ‘‘SEC. 31701. GRANT AUTHORIZATION.

13 ‘‘The Attorney General may make grants to State,

14 Indian tribal, or local prosecutors’ offices for the purpose

15 of supporting the creation or expansion of community16 based justice programs.

17 ‘‘SEC. 31702. USE OF FUNDS.

18 ‘‘Grants made by the Attorney General under this

19 section shall be used—

20 ‘‘(1) to fund prosecution programs that empha21 size the participation of community residents in de22 veloping strategies for public safety through partner23 ships with such entities as police departments, su24 pervisory agencies (such as diversion programs, pro25 bation and parole departments), social service orga-
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1 nizations, community organizations, local businesses,

2 schools, values based organizations, and elected offi3 cials;

4 ‘‘(2) to fund programs that establish or support

5 existing mechanisms for community participation

6 that include the following activities: identifying local

7 crime problems and priorities, engaging in problem8 solving and strategic planning, and maintaining reg9 ular communication between the prosecutor’s office

10 and community residents;

11 ‘‘(3) to fund prosecution programs that include

12 the hiring of community prosecutors and related per13 sonnel and utilize an interdisciplinary team approach

14 to prevent, reduce and respond to crime in partner15 ship with communities;

16 ‘‘(4) to fund programs that are proactive in

17 their approach to crime, with an emphasis on pre18 vention, as well as enforcement;

19 ‘‘(5) to fund programs that employ, where ap20 propriate, use of sentencing alternatives that restore

21 the victim, the community and offender; and

22 ‘‘(6) to fund programs that help build local

23 problem-solving capacity through training and tech24 nical assistance.
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1 ‘‘SEC. 31703. APPLICATIONS.

2 ‘‘(a) ELIGIBILITY.—In order to be eligible to receive

3 a grant under this part for any fiscal year, a State, Indian

4 tribal, or local prosecutor, in conjunction with the chief

5 executive officer of the jurisdiction in which the program

6 will be placed, shall submit an application to the Attorney

7 General in such form and containing such information as

8 the Attorney General may reasonably require.

9 ‘‘(b) REQUIREMENTS.—Each applicant shall

10 include—

11 ‘‘(1) a request for funds for the purposes de12 scribed in section 31702;

13 ‘‘(2) a description of the communities to be

14 served by the grant, including the nature of crime in

15 the community and a description of quality of life

16 crimes that impact on community safety; and

17 ‘‘(3) assurances that Federal funds received

18 under this part shall be used to supplement, not

19 supplant, non-Federal funds that would otherwise be

20 available for activities funded under this section.

21 ‘‘SEC. 31704. AWARD OF GRANTS.

22 ‘‘(a) The Attorney General shall consider the fol23 lowing factors in awarding grants:

24 ‘‘(1) demonstrated need and evidence of the

25 ability to provide the services described in section

26 31702; and
19

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1 ‘‘(2) demonstrated participation with existing

2 community-based programs supported by the De3 partment of Justice, such as Community Policing

4 and the Weed and Seed program.

5 ‘‘(b) To the extent practicable, the Attorney General

6 shall attempt to achieve an equitable geographic distribu7 tion of grant awards.

8 ‘‘(c) At least five percent of the funds appropriated

9 to carry out this subtitle in each fiscal year shall be award10 ed as grants to Indian tribes. To the extent practicable,

11 the Attorney General shall comply with subsection (a) of

12 this section in awarding such grants.

13 ‘‘SEC. 31705. REPORTS.

14 ‘‘(a) REPORT TO ATTORNEY GENERAL.—State, In15 dian tribal, and local prosecutors that receive funds under

16 this subtitle shall submit to the Attorney General a report

17 not later than March 1 of each year that describes

18 progress achieved in carrying out this grant program.

19 ‘‘(b) REPORT TO CONGRESS.—The Attorney General

20 shall submit to the Congress a report by October 1 of each

21 year in which grants are made available under this subtitle

22 which shall contain a detailed statement regarding grant

23 awards, activities of grant recipients, a compilation of sta24 tistical information submitted by applicants, and an eval25 uation of programs established under this subtitle.
20

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1 ‘‘SEC. 31706. PERMANENT SET-ASIDE FOR RESEARCH AND

2 EVALUATION.

3 ‘‘The Attorney General shall reserve no less than 1

4 percent and no more than 3 percent of the sums appro5 priated to carry out this subtitle in each fiscal year for

6 research and evaluation of this program.

7 ‘‘SEC. 31707. DEFINITIONS.

8 ‘‘In this subtitle—

9 ‘‘(1) ‘Indian tribe’ means an Indian tribe in10 cluded on the list of recognized Indian tribes pub11 lished by the Secretary of the Interior pursuant to

12 25 U.S.C. § 479a–1.

13 ‘‘(2) ‘State’ means a State, the District of Co14 lumbia, the Commonwealth of Puerto Rico, the Com15 monwealth of the Northern Mariana Islands, Amer16 ican Samoa, Guam, and the United States Virgin Is17 lands.’’.

18 SEC. 1003. RURAL LAW ENFORCEMENT GRANT SET-ASIDES.

19 (a) DRUG COURTS.—Part V of title I of the Omnibus

20 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

21 3796ii et seq.) is amended by—

22 (1) renumbering sections 2208 and 2209 as

23 sections 2209 and 2210; and

24 (2) inserting after section 2207 the following

25 new section:
21

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1 ‘‘SEC. 2208. DISCRETIONARY RURAL SET-ASIDE.

2 ‘‘(a) SET-ASIDE.—The Attorney General may choose

3 to specify that a portion of the sums reserved and appro4 priated to carry out this part in each fiscal year, not to

5 exceed ten percent of such sums, shall be awarded for

6 grants to applicants in rural areas that the Attorney Gen7 eral determines are underserved areas.

8 ‘‘(b) DEFINITION.—The term ‘rural area’ means an

9 area with a population of 25,000 or less.

10 ‘‘(c) REALLOCATION OF UNOBLIGATED FUNDS.—If

11 any amount so obligated under subsection (a) remains un12 obligated at the end of the fiscal year, then such amount

13 may be reallocated for distribution to other eligible appli14 cants.’’.

15 (b) CONFORMING AMENDMENT.—The analysis for

16 part V of title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3796ii et seq.) is amended

18 by inserting after section 2207 the following:

‘‘Sec. 2208. Discretionary Rural Set-Aside.’’.

19 (c) BYRNE DISCRETIONARY GRANT PROGRAM.—Sub20 part 2 of part E of title I of the Omnibus Crime Control

21 and Safe Streets Act of 1968 (42 U.S.C. 3760 et seq.)

22 is amended by inserting after section 512 the following

23 new section:
22

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1 ‘‘SEC. 513. DISCRETIONARY RURAL SET-ASIDE.

2 ‘‘(a) DISCRETIONARY RURAL SET-ASIDE.—The At3 torney General may choose to specify that a portion of

4 the sums reserved and appropriated to carry out section

5 511 in each fiscal year, not to exceed ten percent of such

6 sums, shall be awarded for grants to applicants in rural

7 areas that the Attorney General determines are under8 served areas.

9 ‘‘(b) DEFINITION.—The term ‘rural area’ means an

10 area with a population of 25,000 or less.

11 ‘‘(c) REALLOCATION OF UNOBLIGATED FUNDS.—If

12 any amount so obligated under subsection (a) remains un13 obligated at the end of the fiscal year, then such amount

14 may be reallocated for distribution to other eligible appli15 cants.’’.

16 (d) CONFORMING AMENDMENT.—The analysis for

17 subpart 2 of part E of title I of the Omnibus Crime Con18 trol and Safe Streets Act of 1968 (42 U.S.C. 3760 et seq.)

19 is amended by inserting after section 512 the following:

‘‘Sec. 513. Discretionary Rural Set-Aside.’’.

20 (e) OTHER DISCRETIONARY RURAL SET-ASIDES.—

21 Part A of title I of the Omnibus Crime Control and Safe

22 Streets Act of 1968 (42 U.S.C. 3760 et seq.) is amended

23 by inserting after section 102 the following new section:
23

S 2783 IS

1 ‘‘SEC. 103. DISCRETIONARY RURAL SET-ASIDE.

2 ‘‘(a) SET-ASIDE.—With respect to all other discre3 tionary grant programs administered by the Attorney

4 General that relate to criminal or juvenile justice for which

5 no specific legislative authority is given, but for which spe6 cific appropriations have been enacted by the Congress

7 (including such programs as the Weed and Seed program,

8 the Juvenile Accountability Incentive Block Grant pro9 gram and the Enforcing Underage Drinking Law pro10 gram), the Attorney General may choose to specify that

11 a portion of the sums appropriated to carry out such dis12 cretionary grant programs in each fiscal year, not to ex13 ceed ten percent of such sums, shall be awarded for grants

14 to applicants in rural areas that the Attorney General de15 termines are underserved areas.

16 ‘‘(b) DEFINITION.—The term ‘rural area’ means an

17 area with a population of 25,000 or less.

18 ‘‘(c) REALLOCATION OF UNOBLIGATED FUNDS.—If

19 any amount so obligated under subsection (a) remains un20 obligated at the end of the fiscal year, then such amount

21 may be reallocated for distribution to other eligible appli22 cants.’’.

23 (f) CONFORMING AMENDMENT.—The analysis for

24 Part A of title I of the Omnibus Crime Control and Safe
24

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1 Streets Act of 1968 (42 U.S.C. 3760 et seq.) is amended

2 by inserting after section 102 the following:

‘‘Sec. 103. Discretionary Rural Set-Aside.’’.

3 SEC. 1004. AMENDMENTS TO THE POLICE CORPS ACT.

4 Subtitle A of title XX of the Violent Crime Control

5 and Law Enforcement Act of 1994 (42 U.S.C. 14091 et

6 seq.) is amended—

7 (1) in section 200107—

8 (A) by redesignating subsections (e) and

9 (f) as subsections (f) and (g); and

10 (B) by inserting after subsection (c) the

11 following new subsection:

12 ‘‘(d) REIMBURSEMENT OF RECRUITMENT COSTS.—

13 The Director may make payments to reimburse State lead

14 agencies for costs of recruitment of applicants in accord15 ance with this section.’’; and

16 (2) by inserting after section 200113 the fol17 lowing new section:

18 ‘‘SEC. 200114. STATE ADMINISTRATIVE EXPENSES.

19 ‘‘The Director may make payments to reimburse ad20 ministrative expenses incurred in the operation of State

21 Police Corps programs, provided that not more than 8 per22 cent of the amount appropriated pursuant to section

23 200112 may be expended under this section.’’.
25

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1 SEC. 1005. AWARDS TO STATE AND LOCAL LAW ENFORCE2 MENT.

3 (a) IN GENERAL.—Section 3374(c)(2) of title 5,

4 United States Code, is amended by inserting ‘‘and section

5 4503’’ after ‘‘73’’.

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

7 this section shall take effect 90 days after the date of the

8 enactment of this Act.

9 SEC. 1006. REAUTHORIZATION OF BUREAU OF JUSTICE AS10 SISTANCE AND THE BYRNE STATE AND

11 LOCAL LAW ENFORCEMENT ASSISTANCE

12 GRANT PROGRAMS.

13 (a) Strike paragraph (5) of subsection 1001(a) of

14 title I of the Omnibus Crime Control and Safe Streets Act

15 of 1968, as amended (42 U.S.C. 3793(a)(5)), and insert

16 the following new paragraph:

17 ‘‘(5) There are authorized to be appropriated

18 for fiscal year 2001 the sum of $459,950,000 and

19 for the fiscal years 2002 through and including

20 2005 such sums as may be necessary to carry out

21 the programs under parts D and E (other than

22 chapter B of subpart 2 of part E) of this title.’’.

23 (b) Title I of the Omnibus Crime Control and Safe

24 Streets Act of 1968 (42 U.S.C. 3751(b)) is amended—

25 (1) by striking ‘‘and’’ at the end of paragraph

26 (25);
26

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1 (2) by striking the period and inserting ‘‘; and’’

2 at the end of paragraph (26); and

3 (3) by adding at the end the following:

4 ‘‘(27) programs for the reduction of the illegal

5 supply of firearms, especially to serious drug offend6 ers, juveniles, felons, and other prohibited persons,

7 including comprehensive tracing of firearms recov8 ered by law enforcement officials, trace analysis,

9 strategy development and enforcement operations.’’.

10 SEC. 1007. BODY ARMOR PENALTY ENHANCEMENT.

11 (a) FINDINGS AND SENSE OF THE CONGRESS.—The

12 Congress finds that persons who commit serious criminal

13 offenses while using or carrying body armor pose a special

14 risk to all Americans. The Congress further finds, how15 ever, that the States, not the Federal Government, should

16 regulate such conduct—unless a person has otherwise

17 committed an offense that may be prosecuted in a court

18 of the United States. Accordingly, it is the sense of the

19 Congress that officials of State and local governments

20 should act quickly to enact penalty enhancements for the

21 use or carriage of body armor that are at least as stringent

22 as those provided for in the Body Armor Penalty Enhance23 ment Act of 1998.

24 (b) Section 929(a)(1) of title 18, United States Code,

25 is amended to read as follows:
27

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1 ‘‘(a)(1) Whoever, during and in relation to the com2 mission of a crime of violence or drug trafficking crime

3 (including a crime of violence or drug trafficking crime

4 which provides for an enhanced punishment if committed

5 by the use of a deadly or dangerous weapon or device)

6 for which he may be prosecuted in a court of the United

7 States, uses or carries a firearm and is in possession of

8 armor piercing ammunition capable of being fired in that

9 firearm, or who uses or carries body armor, shall, in addi10 tion to the punishment provided for the commission of

11 such crime of violence or drug trafficking crime, be sen12 tenced to a term of imprisonment of not less than five

13 years.’’.

14 (c) Subsection (a) of section 929, title 18, United

15 States Code, is amended by adding a new paragraph (3),

16 as follows:

17 ‘‘(3) For purposes of this subsection, ‘body

18 armor’ means bullet-resistant apparel or body armor

19 meeting the requirements of Type I–IV of Standard

20 NILECJ–STD–0101.1, as formulated by the United

21 States Department of Justice, as the Attorney Gen22 eral may adopt by regulation.’’.
28

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1 SEC. 1008. EXTENSION OF BULLETPROOF VEST PARTNER2 SHIP GRANT ACT.

3 Section 1001(a) of the Omnibus Crime Control and

4 Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is

5 amended—

6 (1) by redesignating paragraph (23), as added

7 by the proof Vest Partnership Grant Act of 1998

8 (42 U.S.C. 3711 note), as paragraph (18); and

9 (2) in paragraph (18), as so redesignated, by

10 striking ‘‘fiscal years 1999 and 2001’’ and inserting

11 ‘‘fiscal years 1999 through 2005’’.

12 SEC. 1009. INTEGRATED INFORMATION TECHNOLOGY AS13 SISTANCE ACT.

14 (a) SHORT TITLE.—This section may be cited as the

15 ‘‘Integrated Information Technology Assistance Act of

16 2000’’.

17 (b) PURPOSE.—The purpose of this section is to im18 prove the functioning of the justice system by assisting

19 States, Indian tribal governments, and units of local gov20 ernment in developing and improving integrated justice in21 formation sharing systems that allow the necessary ex22 change of information between components of the justice

23 system, including law enforcement, courts, prosecution,

24 public defense, corrections, and probation and parole, as

25 well as with other governmental agencies, in order to

26 strengthen and improve the justice system.
29

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1 (c) GRANT PROGRAM.—Title I of the Omnibus Crime

2 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

3 et seq.) is amended—

4 (1) by redesignating part Z as part AA;

5 (2) by redesignating section 2601 as 2701; and

6 (3) by inserting after part Y the following new

7 part:

8 ‘‘PART Z—INTEGRATED INFORMATION SYSTEMS

9 ASSISTANCE

10 ‘‘SEC. 2601. INTEGRATED INFORMATION SYSTEMS ASSIST11 ANCE PROGRAM.

12 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

13 this part is to improve the functioning of the justice sys14 tem by assisting States, Indian tribal governments, and

15 units of local government in developing and improving in16 tegrated justice information sharing systems that allow

17 the necessary exchange of information between compo18 nents of the justice system, including law enforcement,

19 courts, prosecution, public defense, corrections, and proba20 tion and parole, as well as with other governmental agen21 cies, in order to strengthen and improve the justice sys22 tem.

23 ‘‘(b) AUTHORITY OF ASSISTANT ATTORNEY GEN24 ERAL.—The Assistant Attorney General for the Office of

25 Justice Programs may—
30

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1 ‘‘(1) make grants to or enter into cooperative

2 agreements or contracts with public agencies, Indian

3 tribal governments, institutions of higher education,

4 private organizations, non-profit entities, commu5 nity-based organizations, private individuals, inter6 national agencies, or interagency agreements with

7 other Federal agencies, for functions established in

8 and purposes related to this part;

9 ‘‘(2) provide technical assistance and training

10 in support of nationally integrated justice informa11 tion sharing systems. Technical assistance may

12 include—

13 ‘‘(A) INTEGRATION MODELS.—The devel14 opment of flexible models that will define for

15 public agencies, Indian tribal governments, and

16 other public and private entities, integrated jus17 tice systems and strategies associated with

18 planning, funding, implementing, and maintain19 ing these systems; and

20 ‘‘(B) STRATEGIC PLANNING ASSIST21 ANCE.—Providing public agencies and Indian

22 tribal governments assistance in developing

23 plans for integrated information systems that

24 involve all criminal justice components, and
31

S 2783 IS

1 where appropriate, other governmental agen2 cies;

3 ‘‘(3) work with and establish guidelines for the

4 Office, the Bureau of Justice Assistance, the Bureau

5 of Justice Statistics, the National Institute of Jus6 tice, the Office of Juvenile Justice and Delinquency

7 Prevention, and the Office for Victims of Crime, to

8 ensure that funding for information technology dis9 bursed under purposes set forth in their governing

10 statutes is used to develop integrated information

11 systems;

12 ‘‘(4) utilize other components of the Office, the

13 Bureau of Justice Assistance, the Bureau of Justice

14 Statistics, the National Institute of Justice, the Of15 fice of Juvenile Justice and Delinquency Prevention,

16 and the Office for Victims of Crime to carry out the

17 functions of this part;

18 ‘‘(5) provide staff support to coordinate the ac19 tivities of the Office, the Bureau of Justice Assist20 ance, the Bureau of Justice Statistics, the National

21 Institute of Justice, the Office of Juvenile Justice

22 and Delinquency Prevention, and the Office for Vic23 tims of Crime, and other Department of Justice

24 agencies as they relate to the development of a na-
32

S 2783 IS

1 tional integrated justice information sharing capa2 bility;

3 ‘‘(6) act as a liaison to and where appropriate

4 assist in establishing guidelines for other Depart5 ment of Justice agencies that provide funding to

6 public agencies or Indian tribal governments for in7 formation technology to ensure that funding for in8 formation technology disbursed under purposes set

9 forth in their governing statutes is used to develop

10 integrated information systems;

11 ‘‘(7) act as a liaison to and where appropriate

12 assist in establishing guidelines with other agencies

13 that provide funding to public agencies or Indian

14 tribal governments for information technology for

15 the purposes of coordinating information systems in16 tegration and standards development;

17 ‘‘(8) consult with and utilize services, equip18 ment, personnel, information, and facilities of other

19 Federal, State, local, and private agencies and in20 strumentalities with or without reimbursement

21 therefor where necessary to accomplish the goals of

22 this part. This authority shall be deemed authority

23 to rely on authorizing legislation of the other Fed24 eral agencies to carry out the purposes of this part

25 though not expressly contained herein;
33

S 2783 IS

1 ‘‘(9) initiate research and development to sup2 port the purposes of this part with the National In3 stitute of Justice, the Bureau of Justice Statistics,

4 the Office of Juvenile Justice and Delinquency Pre5 vention and other public or private research organi6 zations, including seeking the cooperation of the ju7 dicial branches of State, local, and Indian tribal gov8 ernments in coordinating civil and criminal justice

9 research and development relating to integration of

10 the justice system. The Assistant Attorney General

11 for the Office of Justice Programs may enter into

12 partnerships with the National Science Foundation

13 or other public or private research organizations to

14 develop a research agenda to advance information

15 technology applications, including integration stand16 ards development. The Assistant Attorney General

17 for the Office of Justice Programs may also engage

18 in other partnerships that may benefit integrated in19 formation technology research and development to

20 accomplish the purposes of this part;

21 ‘‘(10) evaluate and assess the current status of

22 integrated justice within the United States and pro23 vide such information for the benefit of developing

24 integrated justice information systems;
34

S 2783 IS

1 ‘‘(11) develop a national information resource

2 center for the assessment, evaluation, and develop3 ment of a national integrated justice system capa4 bility and collect, prepare, and disseminate to inter5 ested State and local criminal justice agencies infor6 mation, including recommendations, pertaining to

7 the planning, development, implementation, funding,

8 and ongoing management of integrated justice infor9 mation systems. The national resource center shall

10 operate with the best available technology for col11 laboration and information exchange among justice

12 system practitioners;

13 ‘‘(12) disseminate information on integration

14 approaches and resources to State and local jurisdic15 tions;

16 ‘‘(13) assist public agencies and Indian tribal

17 governments in integrated justice information sys18 tem planning;

19 ‘‘(14) develop demonstration sites and model

20 sites for integrated justice systems that assist public

21 agencies and Indian tribal governments that have

22 demonstrated and implemented existing best prac23 tices to complete the final phases of their integration

24 initiatives. These demonstration project jurisdictions

25 may be used as a basis for establishing peer-to-peer
35

S 2783 IS

1 technical assistance relationships for integrated jus2 tice, and funding may be made available to support

3 the jurisdictions’ peer-to-peer technical assistance

4 programs and for evaluation of the demonstration

5 projects;

6 ‘‘(15) initiate and coordinate the development,

7 application, and implementation of a voluntary sys8 tem for creating appropriate national integration

9 standards for the justice system;

10 ‘‘(16) act as liaison to public agencies and In11 dian tribal governments to facilitate the goal of inte12 grated justice. Liaison functions may include pro13 viding forums for broad collaboration on integrated

14 justice information systems planning, implementa15 tion, funding, ongoing system administration, stand16 ards development, and other areas;

17 ‘‘(17) ensure consideration of enhanced security

18 and privacy related to integrated justice information

19 sharing systems;

20 ‘‘(18) establish partnerships with public or pri21 vate agencies and private organizations or individ22 uals in furtherance of the purposes of this part in23 cluding for the purposes of—
36

S 2783 IS

1 ‘‘(A) undertaking information technology

2 education and training programs for criminal

3 justice personnel;

4 ‘‘(B) providing technical assistance for in5 formation technology to public agencies and In6 dian tribal governments;

7 ‘‘(C) undertaking projects that are na8 tional or multi-jurisdictional in scope and that

9 address the purposes specified in this section;

10 and

11 ‘‘(D) development, implementation, and

12 proliferation of information technology and inte13 gration demonstration programs which, in view

14 of previous research or experience, are likely to

15 be a success in more than one jurisdiction;

16 ‘‘(19) make recommendations to Congress re17 garding better coordination of agency funding in

18 general to public agencies and Indian tribal govern19 ments for information technology; and

20 ‘‘(20) exercise such other powers and functions

21 as may be vested in the Assistant Attorney General

22 for the Office of Justice Programs pursuant to title

23 I of the Omnibus Crime Control and Safe Streets

24 Act of 1968 or by delegation of the Attorney Gen25 eral.
37

S 2783 IS

1 ‘‘(c) COOPERATION IN DEVELOPING PROGRAMS IN

2 MAKING GRANTS UNDER THIS PART.—The Assistant At3 torney General for the Office of Justice Programs shall

4 ensure that model programs carried out pursuant to

5 awards made under this part are developed with the par6 ticipation of State and local officials from law enforce7 ment, courts, prosecution, public defense, corrections, pro8 bation and parole agencies, and recognized experts in the

9 area of integrated information sharing systems.

10 ‘‘SEC. 2602. AWARDS.

11 ‘‘(a) PURPOSES FOR WHICH AWARDS MAY BE

12 USED.—Awards under this part shall provide technical as13 sistance, strategic planning assistance, equipment and

14 other support for the development, implementation, im15 provement, update or upgrade of justice information sys16 tems to achieve greater integration and improved informa17 tion sharing among criminal justice agencies, specifically

18 for purposes that may include—

19 ‘‘(1) supporting development of statewide or re20 gional strategic plans for integrating State and local

21 criminal justice information sharing systems, and to

22 the extent they benefit criminal justice, affiliated in23 formation systems including health and human serv24 ices, social services, education, and transportation

25 systems;
38

S 2783 IS

1 ‘‘(2) developing information technology-related

2 training for criminal justice agency employees;

3 ‘‘(3) developing, implementing, updating or up4 grading computerized information systems of law en5 forcement, courts, prosecution, public defense, cor6 rections, probation and parole agencies for the pur7 pose of improving information exchange among

8 criminal justice agencies, and to the extent they ben9 efit criminal justice, developing, implementing, up10 dating, or upgrading computerized information sys11 tems of affiliated governmental agencies, including

12 health and human services, social services, edu13 cation, and transportation;

14 ‘‘(4) developing demonstration projects and

15 model sites for integrated justice information sys16 tems;

17 ‘‘(5) supporting the creation and operation of

18 integration governance boards; and

19 ‘‘(6) purchasing, updating, or upgrading infor20 mation technology equipment in a way that will en21 hance agency efficiency and interoperability, enhance

22 system security and privacy safeguards, and support

23 a fully integrated justice system.

24 ‘‘(b) AWARD RECIPIENT AUTHORITY.—Notwith25 standing any other provision of law, recipients of awards
39

S 2783 IS

1 under the Omnibus Crime Control and Safe Streets Act

2 of 1968, the Juvenile Justice and Delinquency Prevention

3 Act of 1974, the Victims of Crime Act of 1984, the Violent

4 Crime Control and Law Enforcement Act of 1994, and

5 the Crime Identification Technology Act of 1998 to the

6 extent such award is used to plan, develop, purchase, up7 grade, update, or implement an information technology

8 system, may use such awards jointly, provided that—

9 ‘‘(1) the combined funding is used toward the

10 planning, design, purchase, update or upgrade, or

11 implementation of a system that is fully integrated

12 or is capable of being integrated with all components

13 of the criminal justice system (law enforcement,

14 courts, prosecution, public defense, corrections, pro15 bation and parole); and

16 ‘‘(2) the system as developed and implemented

17 benefits and supports the purposes of each program

18 from which funding was derived.

19 ‘‘SEC. 2603. APPLICATIONS.

20 ‘‘(a) APPLICANTS.—Applicants may be public agen21 cies, Indian tribal governments, colleges and universities,

22 private nonprofit or for profit agencies, private organiza23 tions, private individuals, international organizations, or

24 consortia of eligible applicants.
40

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1 ‘‘(b) INTEGRATION PLANNING AWARDS.—To request

2 an award for integration planning under this part, an ap3 plicant shall submit an application that contains a state4 ment of the plan objective and identifies the body or bodies

5 that will oversee the planning process. If the application

6 for an integration planning award is made by a unit of

7 local government or units of local government, the appli8 cant shall demonstrate that the plan takes into account

9 any statewide or regional information technology plans

10 and how those plans work toward achieving a statewide

11 information architecture that will permit interoperability

12 among all components of the justice system.

13 ‘‘(c) TECHNICAL ASSISTANCE AWARDS.—To request

14 an award for technical assistance, equipment or other sup15 port, an applicant shall submit an application that in16 cludes a plan for use of information technology to improve

17 information exchange among criminal justice agencies.

18 This plan shall be prepared after consultation with State,

19 local or Indian tribal government officials with emphasis

20 on the recommendation of officials whose duty it is to

21 oversee, plan, implement, and maintain justice informa22 tion systems, and shall contain those elements set forth

23 by the Assistant Attorney General for the Office of Justice

24 Programs;
41

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1 ‘‘(d) CONTENT OF APPLICATIONS.—All applications

2 shall include the following assurances:

3 ‘‘(1) an assurance that the individual(s) who

4 developed the application took into consideration the

5 information needs of all branches of the State or

6 local government, or Indian tribal government;

7 ‘‘(2) an assurance that any information tech8 nology equipment or computer applications will be

9 purchased in accordance with and in furtherance of

10 integrated justice system information strategies and

11 architectures of public agencies and Indian tribal

12 governments and will support open system design;

13 ‘‘(3) an assurance that any integration planning

14 and implementation will include consideration of

15 necessary linkages to Federal information systems;

16 and

17 ‘‘(4) an assurance that any integration planning

18 and implementation will include the consideration of

19 planning and implementation of wireless and

20 geomapping technologies.

21 ‘‘SEC. 2604. GRANT LIMITATIONS.

22 ‘‘(a) FEDERAL SHARE.—The Federal share of a

23 grant made under this part may not exceed 75 percent

24 of the total costs of the program described in the applica25 tion submitted under section 2603 of this part for the fis-
42

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1 cal year for which the program receives assistance under

2 this part, unless the Assistant Attorney General for the

3 Office of Justice Programs waives, wholly or in part, the

4 requirement of a matching contribution under this section.

5 In-kind contributions may constitute a portion of the non6 Federal share of an award. State and local units of gov7 ernment may use cash received under the equitable shar8 ing program to cover the non-Federal portion of the costs

9 of programs funded under this part.

10 ‘‘(b) ADMINISTRATIVE AND EVALUATION COSTS.—

11 Not more than 3 percent of a grant made to an eligible

12 State or locality under this part may be used for costs

13 incurred to administer such grant and evaluate the pro14 gram.

15 ‘‘(c) NONSUPPLANTING REQUIREMENT.—Funds

16 made available under this part to a governmental entity

17 shall not be used to supplant State or local funds, or in

18 the case of Indian tribal governments, funds supplied by

19 the Bureau of Indian Affairs, but shall be used to increase

20 the amount of funds that would, in the absence of Federal

21 funds received under this part, be made available from

22 State or local sources, or in the case of Indian tribal gov23 ernments, from funds supplied by the Bureau of Indian

24 Affairs.
43

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1 ‘‘(d) PERSONNEL COSTS.—Notwithstanding any

2 other provision of law, funding under this part may be

3 used to pay for the costs of retaining qualified technical

4 personnel for the development of specified projects. Regu5 lations shall be promulgated within 180 days of the date

6 of enactment of this part to carry out this provision.

7 ‘‘(e) PRIORITY OF AWARDS.—Priority will be given

8 to applicants for awards under this part who demonstrate

9 that assistance will be for activities or purchases of equip10 ment or computer applications that are in accordance with

11 or in furtherance of development of integrated justice sys12 tem information strategies and architectures of public

13 agencies or Indian tribal governments and that support

14 open system design.

15 ‘‘SEC. 2605. ACCOUNTABILITY.

16 ‘‘(a) FISCAL REQUIREMENTS.—A recipient of funds

17 under this part shall use accounting, audit, and fiscal pro18 cedures that conform to guidelines prescribed by the At19 torney General, and shall ensure that any funds used to

20 carry out the programs under this part shall represent the

21 best value for the public agency or Indian tribal govern22 ment at the lowest possible cost and employ the most ap23 propriate technology.

24 ‘‘(b) ADMINISTRATIVE PROVISIONS.—The adminis25 trative provisions of part H of title I of the Omnibus
44

S 2783 IS

1 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

2 3782–3789) shall apply to the Assistant Attorney General

3 for the Office of Justice Programs under this part in the

4 same manner that such provisions apply to the officials

5 listed in such sections.

6 ‘‘SEC. 2606. REVIEW OF APPLICATIONS.

7 ‘‘Financial assistance upon approval of application or

8 amendment. The Assistant Attorney General for the Of9 fice of Justice Programs may provide financial assistance

10 to each applicant under this part to carry out the pro11 grams or projects submitted by such applicant upon deter12 mining that—

13 ‘‘(1) the application or amendment thereto is

14 consistent with the requirements of this part; and

15 ‘‘(2) before the approval of the application and

16 any amendment thereto the Assistant Attorney Gen17 eral for the Office of Justice Programs has made an

18 affirmative finding in writing that the program or

19 project has been reviewed in accordance with this

20 part.

21 ‘‘SEC. 2607. REPORTING REQUIREMENTS.

22 ‘‘Each awardee receiving funds under this part shall

23 submit a report to the Assistant Attorney General for the

24 Office of Justice Programs evaluating the effectiveness of

25 projects developed with funds provided under this part and
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1 containing such additional information as the Assistant

2 Attorney General for the Office of Justice Programs may

3 prescribe.

4 ‘‘SEC. 2608. NATIONAL INSTITUTE OF JUSTICE.

5 ‘‘The National Institute of Justice at the request of

6 the Assistant Attorney General for the Office of Justice

7 Programs shall undertake necessary research and develop8 ment and provide training and technical assistance to ac9 complish the purposes of this part, and the Assistant At10 torney General shall transfer the necessary funds to the

11 Institute for these purposes.

12 ‘‘SEC. 2609. NON-APPLICABILITY OF THE FEDERAL ADVI13 SORY COMMITTEE ACT.

14 ‘‘Committees, consortia, focus groups, peer review

15 panels, or other groups convened to undertake the pur16 poses of this part shall be exempt from the requirements

17 of the Federal Advisory Committees under the Federal

18 Advisory Committee Act (5 U.S.C. App. II).’’.

19 (d) CONFORMING AMENDMENTS.—Section 102 of

20 title I of the Crime Identification Technology Act of 1998

21 is amended—

22 (1) by amending subsection (c)(2) to read as

23 follows:

24 ‘‘(c)(2) INFORMATION SHARING.—Such assurances

25 shall include a provision that ensures that a statewide
46

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1 strategy for information sharing systems is underway to

2 improve the functioning of the criminal justice system,

3 with an emphasis on integration of all criminal justice

4 components, law enforcement, courts, prosecution, public

5 defense, corrections, and probation and parole. The strat6 egy shall be prepared in accordance with the requirements

7 under subsections (c) and (d) of section 2603 of title I

8 of the Omnibus Crime Control and Safe Streets Act of

9 1968.’’; and

10 (2) by inserting after subsection (f) the fol11 lowing:

12 ‘‘(g) FEDERAL ASSISTANCE TO IMPROVE THE IN13 FORMATION SHARING CAPACITY OF PUBLIC DEFEND14 ERS.—The Office of Justice Programs shall, subject to the

15 availability of appropriation, make grants for States and

16 units of local government to pay the costs of providing

17 increased resources for public defense information systems

18 as necessary to meet the needs of increased information

19 sharing capability of public defenders under integrated

20 criminal criminal justice information systems funded by

21 this Act.’’.
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1 SEC. 1010. AUTHORIZATION TO LINK STATE AND LOCAL

2 LAW ENFORCEMENT TO WORLDWIDE POLICE

3 COMMUNICATIONS NETWORK.

4 The INTERPOL-U.S. National Central Bureau is

5 hereby authorized to provide automation-related equip6 ment and associated support to link State, local, and tribal

7 law enforcement agencies to INTERPOL’s worldwide po8 lice communications network, and to train State and local,

9 law enforcement in using this equipment and

10 INTERPOL’s investigative capabilities.

11 SEC. 1011. INCLUSION OF FEDERAL, MILITARY, AND DIS12 TRICT OF COLUMBIA OFFENDERS IN THE

13 DNA IDENTIFICATION INDEX.

14 (a) EXPANSION OF DNA IDENTIFICATION INDEX.—

15 Section 811(a)(2) of the Antiterrorism and Effective

16 Death Penalty Act of 1996 is amended to read as follows:

17 ‘‘(2) the Director of the Federal Bureau of Investigation

18 may expand the combined DNA Identification System

19 (CODIS) to include information on DNA identification

20 records and analyses related to Federal crimes, crimes

21 under the Uniform Code of Military Justice, and crimes

22 under the District of Columbia Code, in accordance with

23 section 210304 of the Violent Crime Control and Law En24 forcement Act of 1994 (42 U.S.C. 14132).’’.

25 (b) AMENDMENTS TO DNA IDENTIFICATION STAT26 UTE.—Section 210304 of the Violent Crime Control and
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S 2783 IS

1 Law Enforcement Act of 1994 (42 U.S.C. 14132) is

2 amended—

3 (1) in subsection (a)—

4 (A) by amending paragraph (1) to read as

5 follows:

6 ‘‘(1) DNA identification records of persons con7 victed of or adjudicated delinquent for crimes;’’;

8 (B) in paragraph (2), by striking ‘‘and’’;

9 (C) in paragraph (3), by striking the pe10 riod and inserting ‘‘; and’’; and

11 (D) by inserting at the end the following:

12 ‘‘(4) analyses of DNA samples voluntarily con13 tributed from relatives of missing persons.’’;

14 (2) in subsection (b)(2), by striking ‘‘, at reg15 ular intervals of not to exceed 180 days,’’ and insert16 ing ‘‘semi-annual’’;

17 (3) by redesignating subsection (c) as sub18 section (f); and

19 (4) by inserting after subsection (b) the fol20 lowing:

21 ‘‘(c) FEDERAL AND DISTRICT OF COLUMBIA

22 CRIMES.—(1) The Director of the Federal Bureau of In23 vestigation shall include in the index established by this

24 section DNA identification records from persons convicted

25 of or adjudicated delinquent for qualifying crimes under
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1 Federal law or the District of Columbia Code, as defined

2 in regulations promulgated by the Director. The Director

3 of the Federal Bureau of Investigation shall also promul4 gate regulations establishing standards and procedures for

5 the analysis of the DNA samples collected from such per6 sons, and the inclusion of the analyses and DNA identi7 fication records relating to those samples in the index.

8 Disclosure of information on such DNA identification

9 records and DNA analyses shall be in conformity with sub10 section (b)(3). In promulgating regulations under this

11 paragraph, the Director of the Federal Bureau of Inves12 tigation shall consult with the Director of the Bureau of

13 Prisons, the Director of the Court Services and Offender

14 Supervision Agency for the District of Columbia or the

15 Trustee appointed under § 11232(a) of the Balanced

16 Budget Act of 1997, and the Chief of Police of the Metro17 politan Police Department of the District of Columbia.

18 ‘‘(2) The Bureau of Prisons shall collect a DNA sam19 ple from each person who is in its custody on or after

20 the effective date of this subsection and who has been con21 victed of or adjudicated delinquent for a qualifying crime.

22 The Director of the Bureau of Prisons shall specify the

23 time and manner of collection of DNA samples from such

24 persons.
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1 ‘‘(3) The probation office responsible for a person’s

2 supervision shall collect a DNA sample from each person

3 who is on supervised release, parole, or probation on or

4 after the effective date of this subsection and who has been

5 convicted of or adjudicated delinquent for a qualifying

6 crime. The Director of the Administrative Office of the

7 United States Courts shall specify the time and manner

8 of collection of DNA samples from such persons.

9 ‘‘(4)(A) The Court Services and Offender Supervision

10 Agency for the District of Columbia or the Trustee ap11 pointed under § 11232(a) of the Balanced Budget Act of

12 1997 shall collect a DNA sample from each person under

13 the supervision of the Agency or Trustee who is on super14 vised release, parole, or probation on or after the effective

15 date of this subsection and who has been convicted of a

16 qualifying crime. The Director of the Agency or the Trust17 ee shall specify the time and manner of collection of DNA

18 samples from such persons.

19 ‘‘(B) The Government of the District of Columbia

20 shall have the authority to collect DNA samples from per21 sons who are in the custody of or under supervision by

22 the District of Columbia on or after the effective date of

23 this subsection, including the authority to determine the

24 categories of such persons from whom DNA samples will

25 be collected. For purposes of this subparagraph, ‘persons
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1 who are in the custody of or under supervision by the Dis2 trict of Columbia’ means persons who are in the custody

3 of or under supervision by any agency of the Government

4 of the District of Columbia, other than persons who are

5 under the supervision of the Trustee appointed under

6 § 11232(a) of the Balanced Budget Act of 1997.

7 ‘‘(5) The agencies responsible for collecting DNA

8 samples under paragraph (2), (3), or (4)—

9 ‘‘(A) may waive the collection of a sample from

10 a person if another agency has collected or will col11 lect such a sample from the person; and

12 ‘‘(B) may use or authorize the use of such

13 means as are necessary to restrain and collect a

14 sample from a person who refuses to cooperate in

15 the collection of a sample.

16 ‘‘(d) MILITARY OFFENDERS.—(1) The Secretary of

17 Defense shall specify categories of conduct punishable

18 under the Uniform Code of Military Justice (hereafter,

19 ‘qualifying military crimes’) which are comparable to the

20 crimes specified by the Director of the Federal Bureau

21 of Investigation under subsection (c)(1). The Secretary

22 shall promulgate regulations establishing standards and

23 procedures for—

24 ‘‘(A) the collection of DNA samples from per25 sons convicted of qualifying military crimes;
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S 2783 IS

1 ‘‘(B) the analysis of DNA samples collected

2 from such persons; and

3 ‘‘(C) the inclusion of the analyses of such DNA

4 samples and DNA identification records relating to

5 those samples in the index established by this sec6 tion.

7 ‘‘(2)(A) A DNA sample shall be collected from each

8 person who is in custody or under supervision on or after

9 the effective date of this subsection and who has been con10 victed of a qualifying military crime. The Secretary shall

11 collect the sample, or arrange for its collection as provided

12 in subparagraph (B).

13 ‘‘(B) The Secretary may arrange to have a DNA

14 sample collected from a person by the Bureau of Prisons

15 or another agency responsible for the collection of DNA

16 samples under subsection (c), if the person is or will be

17 in the custody of or under supervision by the Bureau of

18 Prisons or such other agency. The Bureau of Prisons or

19 other agency shall have the authority to collect a sample

20 from such a person and shall exercise this authority as

21 requested by the Secretary.

22 ‘‘(C) The Secretary shall have the powers described

23 in subsection (c)(5) in relation to a person from whom

24 the collection of a DNA sample is required by this sub25 section.
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1 ‘‘(e) CRIMINAL PENALTY.—A person who refuses to

2 cooperate in the collection of a DNA sample from the per3 son, where the collection of such a sample is required pur4 suant to subsection (c) or (d), commits a Class A mis5 demeanor.’’.

6 (c) CONDITIONS OF RELEASE.—(1) Section 3563(a)

7 of title 18, United States Code, is amended—

8 (A) in paragraph (7), by striking ‘‘assessments;

9 and’’ and inserting ‘‘assessments;’’;

10 (B) in paragraph (8), by striking ‘‘1994).’’ and

11 inserting ‘‘1994); and’’; and (C) by inserting imme12 diately after paragraph (8) the following:

13 ‘‘(9) that the defendant cooperate in the collec14 tion of a DNA sample from the defendant if the col15 lection of such a sample is required pursuant to sec16 tion 210304 of the Violent Crime Control and Law

17 Enforcement Act of 1994 (42 U.S.C. 14132).’’.

18 (2) Section 3583(d) of title 18, United States

19 Code, is amended by inserting before ‘‘The court

20 shall also order’’ the following: ‘‘The court shall

21 order as an explicit condition of supervised release

22 that the defendant cooperate in the collection of a

23 DNA sample from the defendant if the collection of

24 such a sample is required pursuant to section
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1 210304 of the Violent Crime Control and Law En2 forcement Act of 1994 (42 U.S.C. 14132).’’.

3 (3) Section 4209(a) of title 18, United States

4 Code, is amended by inserting before ‘‘In every case,

5 the Commission shall also impose’’ the following: ‘‘In

6 every case, the Commission shall impose as a condi7 tion of parole that the parolee cooperate in the col8 lection of a DNA sample from the parolee if the col9 lection of such a sample is required pursuant to sec10 tion 210304 of the Violent Crime Control and Law

11 Enforcement Act of 1994 (42 U.S.C. 14132).’’.

12 (4) For any person who has been convicted of or ad13 judicated delinquent for a Federal crime, a crime under

14 the Uniform Code of Military Justice, or a crime under

15 the District of Columbia Code, if the person is to be re16 leased on probation, parole, or supervised release, the sen17 tencing court or other agency responsible for the imposi18 tion of release conditions shall impose as a condition of

19 the probation, parole, or supervised release that the person

20 cooperate in the collection of a DNA sample from the per21 son if the collection of such a sample is required pursuant

22 to section 210304 of the Violent Crime Control and Law

23 Enforcement Act of 1994 (42 U.S.C. 14132).

24 (d) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect 180 days after enactment.
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1 TITLE II—BREAKING THE CYCLE

2 OF DRUGS AND VIOLENCE

3 Subtitle A—Zero Tolerance Drug

4 Supervision

5 SEC. 2001. GRANT AUTHORITY.

6 The Attorney General may make grants to States and

7 units of local government, State courts, local courts, and

8 Indian tribal governments, acting directly or through

9 agreements with other public or private entities, for pro10 grams that support—

11 (1) developing and/or implementing comprehen12 sive drug testing policies and practices with regard

13 to criminal justice populations; and

14 (2) establishing appropriate interventions to il15 legal drug use for offender populations. Applicants

16 may choose to submit joint proposals with other eli17 gible criminal justice/court agencies for systemic

18 drug testing and intervention programs; in this case,

19 one organization must be designated as the primary

20 applicant.

21 SEC. 2002. ADMINISTRATION.

22 (a) CONSULTATION/COORDINATION.—In carrying out

23 section 2001, the Attorney General shall coordinate with

24 the other Justice Department initiatives that address drug

25 testing and interventions in the criminal justice system.
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1 (b) GUIDELINES.—The Attorney General may issue

2 guidelines necessary to carry out section 2001.

3 (c) APPLICATIONS.—In addition to any other require4 ments that may be specified by the Attorney General, an

5 application for a grant under section 2001 shall—

6 (1) reflect a comprehensive approach that rec7 ognizes the importance of collaboration and a con8 tinuum of testing, treatment, and other interven9 tions;

10 (2) include a long-term strategy and detailed

11 implementation plan;

12 (3) address the applicant’s capability to con13 tinue the proposed program following the conclusion

14 of Federal support;

15 (4) identify related governmental or community

16 initiatives which complement or will be coordinated

17 with the proposal;

18 (5) certify that there has been appropriate con19 sultation with affected agencies and key stakeholders

20 throughout the criminal justice system and that

21 there will be continued coordination throughout the

22 implementation of the program; and

23 (6) describe the methodology that will be used

24 in evaluating the program.
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1 SEC. 2003. APPLICATIONS.

2 To request funds under section 2001, interested ap3 plicants shall submit an application to the Attorney Gen4 eral in such form and containing such information as the

5 Attorney General may reasonably require. Federal funding

6 shall be awarded on a competitive basis based on criteria

7 established by the Attorney General and specified in pro8 gram guidelines.

9 SEC. 2004. FEDERAL SHARE.

10 The Federal share of a grant made under section

11 2001 may not exceed 75 percent of the total cost of the

12 program described in the application submitted for the fis13 cal year for which the program receives assistance under

14 section 2001, unless the Attorney General waives, wholly

15 or in part, the requirement of a matching contribution

16 under this section. In-kind contributions may constitute

17 a portion of the non-federal share of a grant.

18 SEC. 2005. GEOGRAPHIC DISTRIBUTION.

19 The Attorney General shall ensure that, to the extent

20 practicable, an equitable geographic distribution of grant

21 awards under section 2001 is made, with rural and tribal

22 jurisdiction representation.
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1 SEC. 2006. TECHNICAL ASSISTANCE, TRAINING, AND EVAL2 UATION.

3 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

4 Attorney General shall provide technical assistance and

5 training in furtherance of the purposes of section 2001.

6 (b) EVALUATION.—In addition to any evaluation re7 quirements that may be prescribed for grantees, the Attor8 ney General may carry out or make arrangements for a

9 rigorous evaluation of the programs that receive support

10 under section 2001.

11 (c) ADMINISTRATION.—The technical assistance,

12 training, and evaluations authorized by this section may

13 be carried out directly by the Attorney General or through

14 grants, contracts, or cooperative agreements with other

15 entities.

16 SEC. 2007. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated to carry out

18 sections 2001 through 2006 $75,000,000 for fiscal year

19 2001 and such sums as may be necessary for fiscal years

20 2002 through 2005.

21 SEC. 2008. PERMANENT SET-ASIDE FOR RESEARCH AND

22 EVALUATION.

23 The Attorney General shall reserve not less than 1

24 percent and no more than 3 percent of the sums appro25 priated under section 2007 in each fiscal year for research

26 and evaluation of this program.
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1 SEC. 2009. ADDITIONAL REQUIREMENTS FOR THE USE OF

2 FUNDS UNDER THE VIOLENT OFFENDER IN3 CARCERATION AND TRUTH-IN-SENTENCING

4 GRANT PROGRAMS.

5 Section 20105(b) of the Violent Crime Control and

6 Law Enforcement Act of 1994 (42 U.S.C. 13705(b)) is

7 amended to read as follows:

8 ‘‘(b) Additional Requirements.—

9 ‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible

10 to receive a grant under section 20103 or section

11 20104, a State shall—

12 ‘‘(A) provide assurances to the Attorney

13 General that the State has implemented or will

14 implement not later than 18 months after the

15 date of the enactment of this subtitle, policies

16 that provide for the recognition of the rights of

17 crime victims; and

18 ‘‘(B) no later than September 1, 2000,

19 have a program of drug testing and interven20 tion for appropriate categories of convicted of21 fenders during periods of incarceration and

22 criminal justice supervision, with sanctions in23 cluding denial or revocation of release for posi24 tive drug tests, consistent with guidelines issued

25 by the Attorney General.
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1 ‘‘(2) USE OF FUNDS.—Funds provided under

2 section 20103 or section 20104 of this subtitle may

3 be applied to the cost of offender drug testing and

4 appropriate intervention programs during periods of

5 incarceration and criminal justice supervision, con6 sistent with guidelines issued by the Attorney Gen7 eral. Further, such funds may be used by the States

8 to pay the costs of providing to the Attorney General

9 a baseline study on their prison drug abuse problem.

10 Such studies shall be consistent with guidelines

11 issued by the Attorney General.

12 ‘‘(3) SYSTEM OF SANCTIONS AND PENALTIES.—

13 Beginning in fiscal year 2001, and thereafter, States

14 receiving funds pursuant to section 20103 or section

15 20104 of this subtitle shall have a system of sanc16 tions and penalties that address drug trafficking

17 within and into correctional facilities under their ju18 risdiction. Such systems shall be in accordance with

19 guidelines issued by the Attorney General. Begin20 ning in fiscal year 2001, and each year thereafter,

21 any State that the Attorney General determines not

22 to be in compliance with the provisions of this para23 graph shall have the funds it would have otherwise

24 been eligible to receive under section 20103 or sec25 tion 20104 reduced by 10 percent for each fiscal
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1 year for which the Attorney General determines it

2 does not comply. Any funds that are not allocated

3 for failure to comply with this section shall be reallo4 cated to States that comply with this section.’’.

5 SEC. 2010. REAUTHORIZATION OF THE RESIDENTIAL SUB6 STANCE ABUSE TREATMENT GRANT PRO7 GRAM.

8 Paragraph (17) of section 1001(a) of title I of the

9 Omnibus Crime Control and Safe Streets Act of 1968 (42

10 U.S.C. 3793(a)(17)) is amended to read as follows:

11 ‘‘(17) There are authorized to be appropriated

12 to carry out part S $65,100,000 for fiscal year 2001

13 and such sums as may be necessary for fiscal years

14 2002 through 2005.’’.

15 SEC. 2011. USE OF RESIDENTIAL SUBSTANCE ABUSE

16 TREATMENT GRANTS TO PROVIDE FOR SERV17 ICES DURING AND AFTER INCARCERATION.

18 Section 1901 of title I of the Omnibus Crime Control

19 and Safe Streets Act of 1968 (42 U.S.C. 3796ff) is

20 amended by adding at the end the following:

21 ‘‘(c) ADDITIONAL USE OF FUNDS.—States that dem22 onstrate that they have existing in-prison drug treatment

23 programs that are in compliance with Federal require24 ments may use funds awarded under this part for treat-
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1 ment and sanctions both during incarceration and after

2 release.’’.

3 SEC. 2012. REESTABLISHMENT OF DRUG COURTS.

4 (a) DRUG COURTS.—Title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

6 et seq.) is amended by inserting after part U the following

7 new part:

8 ‘‘PART V—DRUG COURTS

9 ‘‘SEC. 2201. GRANT AUTHORITY.

10 ‘‘The Attorney General may make grants to States,

11 State courts, local courts, units of local government, and

12 Indian tribal governments, acting directly or through

13 agreements with other public or private entities, for pro14 grams that involve—

15 ‘‘(1) continuing judicial supervision over offend16 ers with substance abuse problems who are not vio17 lent offenders; and

18 ‘‘(2) the integrated administration of other

19 sanctions and services, which shall include—

20 ‘‘(A) mandatory periodic testing for the

21 use of controlled substances or other addictive

22 substances during any period of supervised re23 lease or probation for each participant;

24 ‘‘(B) substance abuse treatment for each

25 participant;
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1 ‘‘(C) diversion, probation, or other super2 vised release involving the possibility of prosecu3 tion, confinement, or incarceration based on

4 noncompliance with program requirements or

5 failure to show satisfactory progress; and

6 ‘‘(D) offender management, and aftercare

7 services such as relapse prevention, health care,

8 education, vocational training, job placement,

9 housing placement, and child care or other fam10 ily support services for each participant who re11 quires such services.

12 ‘‘SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT

13 OFFENDERS.

14 ‘‘The Attorney General shall—

15 ‘‘(1) issue regulations or guidelines to ensure

16 that the programs authorized in this part do not

17 permit participation by violent offenders; and

18 ‘‘(2) immediately suspend funding for any grant

19 under this part, pending compliance, if the Attorney

20 General finds that violent offenders are participating

21 in any program funded under this part.

22 ‘‘SEC. 2203. DEFINITION.

23 ‘‘In this part, ‘violent offender’ means a person

24 who—
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1 ‘‘(1) is charged with or convicted of an offense,

2 during the course of which offense or conduct—

3 ‘‘(A) the person carried, possessed, or used

4 a firearm or dangerous weapon;

5 ‘‘(B) there occurred the death of or serious

6 bodily injury to any person; or

7 ‘‘(C) there occurred the use of force

8 against the person of another, without regard to

9 whether any of the circumstances described in

10 subparagraph (A) or (B) is an element of the

11 offense or conduct of which or for which the

12 person is charged or convicted; or

13 ‘‘(2) has one or more prior convictions for a fel14 ony crime of violence involving the use or attempted

15 use of force against a person with the intent to

16 cause death or serious bodily harm.

17 ‘‘SEC. 2204. ADMINISTRATION.

18 ‘‘(a) CONSULTATION.—The Attorney General shall

19 consult with the Secretary of Health and Human Services

20 and any other appropriate officials in carrying out this

21 part.

22 ‘‘(b) USE OF COMPONENTS.—The Attorney General

23 may utilize any component or components of the Depart24 ment of Justice in carrying out this part.
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1 ‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen2 eral may issue regulations and guidelines necessary to

3 carry out this part.

4 ‘‘(d) APPLICATIONS.—In addition to any other re5 quirements that may be specified by the Attorney General,

6 an application for a grant under this part shall—

7 ‘‘(1) include a long-term strategy and detailed

8 implementation plan;

9 ‘‘(2) explain the applicant’s inability to fund the

10 program adequately without Federal assistance;

11 ‘‘(3) certify that the Federal support provided

12 will be used to supplement, and not supplant, State,

13 Indian tribal, and local sources of funding that

14 would otherwise be available;

15 ‘‘(4) identify related governmental or commu16 nity initiatives which complement or will be coordi17 nated with the proposal;

18 ‘‘(5) certify that there has been appropriate

19 consultation with all affected agencies and that there

20 will be appropriate coordination with all affected

21 agencies in the implementation of the program;

22 ‘‘(6) certify that participating offenders will be

23 supervised by one or more designated judges with re24 sponsibility for the drug court program;
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1 ‘‘(7) specify plans for obtaining necessary sup2 port and continuing the proposed program following

3 the conclusion of Federal support; and

4 ‘‘(8) describe the methodology that will be used

5 in evaluating the program.

6 ‘‘SEC. 2205. APPLICATIONS.

7 ‘‘To request funds under this part, the chief executive

8 or the chief justice of a State or the chief executive or

9 chief judge of a unit of local government or Indian tribal

10 government, or the chief judge of a State or local court

11 or Indian tribal court shall submit an application to the

12 Attorney General in such form and containing such infor13 mation as the Attorney General may reasonably require.

14 ‘‘SEC. 2206. FEDERAL SHARE.

15 ‘‘The Federal share of a grant made under this part

16 may not exceed 75 percent of the total costs of the pro17 gram described in the application submitted under section

18 2205 for the fiscal year for which the program receives

19 assistance under this part, unless the Attorney General

20 waives, wholly or in part, the requirement of a matching

21 contribution under this section. In-kind contributions may

22 constitute a portion of the non-Federal share of a grant.
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1 ‘‘SEC. 2207. GEOGRAPHIC DISTRIBUTION.

2 ‘‘The Attorney General shall ensure that, to the ex3 tent practicable, an equitable geographic distribution of

4 grant awards is made.

5 ‘‘SEC. 2208. REPORT.

6 ‘‘A State, Indian tribal government, or unit of local

7 government that receives funds under this part during a

8 fiscal year shall submit to the Attorney General a report

9 in March of the following year regarding the effectiveness

10 of this part.

11 ‘‘SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVAL12 UATION.

13 ‘‘(a) TECHINCAL ASSISTANCE AND TRAINING.—The

14 Attorney General may provide technical assistance and

15 training in furtherance of the purposes of this part.

16 ‘‘(b) EVALUATIONS.—In addition to any evaluation

17 requirements that may be prescribed for grantees, the At18 torney General may carry out or make arrangements for

19 evaluations of programs that receive support under this

20 part.

21 ‘‘(c) ADMINISTRATION.—The technical assistance,

22 training, and evaluations authorized by this section may

23 be carried out directly by the Attorney General, in collabo24 ration with the Secretary of Health and Human Services,

25 or through grants, contracts, or other cooperative arrange26 ments with other entities.’’.
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1 (b) TECHNICAL AMENDMENT.—The table of contents

2 of title I of the Omnibus Crime Control and Safe Streets

3 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by in4 serting after the matter relating to part U the following:

‘‘PART V—DRUG COURTS

‘‘Sec. 2201. Grant authority.

‘‘Sec. 2202. Prohibition of participation by violent offenders.

‘‘Sec. 2203. Definition.

‘‘Sec. 2204. Administration.

‘‘Sec. 2205. Applications.

‘‘Sec. 2206. Federal share.

‘‘Sec. 2207. Geographic distribution.

‘‘Sec. 2208. Report.

‘‘Sec. 2209. Technical assistance, training, and evaluation.’’.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

6 1001(a) of title I of the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3793) is amended—

8 (1) in paragraph (3) by inserting ‘‘V’’ between

9 ‘‘U’’ and ‘‘W’’; and

10 (2) by adding at the end the following new

11 paragraph:

12 ‘‘(20)(A) There are authorized to be appro13 priated for fiscal year 2001 the sum of $50,000,000

14 and for fiscal years 2002 through 2005 such sums

15 as may be necessary to carry out part V.

16 ‘‘(B) The Attorney General shall reserve not

17 less than 1 percent and not more than 3 percent of

18 the sums appropriated for this program in each fis19 cal year for research and evaluation of this pro20 gram.’’.
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1 SEC. 2013. EXCEPTIONS TO TIME LIMITS FOR BYRNE PRO2 GRAM GRANTS FOR CERTAIN PURPOSES.

3 Section 504(f) of the Omnibus Crime Control and

4 Safe Streets Act of 1968 (42 U.S.C. 3754(f)), is amended

5 to read as follows:

6 ‘‘(f) PROGRAMS ALREADY RECEIVING FUNDS.—No

7 funds may be awarded under this part to a grant recipient

8 for a program or project for which funds have been award9 ed under this chapter for 4 years (in the aggregate), in10 cluding any period occurring before the effective date of

11 this subsection except for grants to State and local govern12 ments for the following purposes:

13 ‘‘(1) participating in multi-jurisdictional drug

14 task forces and gang task forces;

15 ‘‘(2) victim assistance programs;

16 ‘‘(3) drug and alcohol abuse treatment in pris17 ons and jails;

18 ‘‘(4) community-based programs for adult and

19 juvenile drug-dependent and alcohol-dependent of20 fenders;

21 ‘‘(5) monitoring of drug-dependent offenders;

22 ‘‘(6) for those innovative programs that dem23 onstrate new and different approaches to enforce24 ment, prosecution and adjudication of drug and

25 other serious crimes that include all aspects of com-
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1 munity-based intervention, surveillance and super2 vision; and

3 ‘‘(7) providing alternatives to prevent detention,

4 jail, and prison for persons who pose no danger to

5 the community.’’.

6 SEC. 2014. PROVISION TO FREE EXISTING PRISON SPACE

7 FOR VIOLENT OFFENDER INCARCERATION.

8 (a) Subsections (d) and (e) of section 20105 of part

9 A of the Violent Crime Control and Law Enforcement Act

10 of 1994 (42 U.S.C. 13705 (d), (e)) are redesignated as

11 subsections (f) and (g), respectively.

12 (b) Section 20105 of part A of the Violent Crime

13 Control and Law Enforcement Act of 1994 (42 U.S.C.

14 13705) is amended by adding the following new sub15 sections:

16 ‘‘(d) GRADUATED SANCTIONS.—Notwithstanding any

17 other provision of this part, any State or unit of local gov18 ernment which has unexpended funds granted to it under

19 section 20103 or 20104 for the fiscal years 1996 through

20 2001, may expend not more than 25 percent of such funds

21 for the implementation of graduated sanctions or sen22 tencing alternatives to incarceration, provided that such

23 implementation shall be undertaken by said State or unit

24 of local government for the purpose of freeing suitable ex-
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1 isting prison space for the confinement of persons con2 victed of part 1 violent crimes.

3 ‘‘(e) DEFINITION.—For purposes of subsection (d),

4 the term ‘graduated sanctions’ means tangible, propor5 tional consequences that hold offenders accountable and

6 are imposed on offenders for every offense, that escalate

7 in intensity with each subsequent, more serious offense,

8 that are suited to the offense, and that also take equally

9 into account public safety considerations and concern for

10 crime victims. Such sanctions may include intensive com11 munity supervision, regular drug testing and treatment

12 supervised by drug courts or other criminal justice agen13 cies, victim and community restitution, and certain, but

14 short-term, incarceration.’’.

15 (c) Subsection (a) of section 20108 of part A of the

16 Violent Crime Control and Law Enforcement Act of 1994

17 (42 U.S.C. 13708(a)) is amended to read, as follows:

18 ‘‘(a) AUTHORIZATIONS.—There are authorized to be

19 appropriated to carry out this part such sums as may be

20 necessary for fiscal years 2001 through 2005.’’.
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1 Subtitle B—Anti-Drug Provisions

2 SEC. 2021. NATIONAL STANDARD TO PROHIBIT OPERATION

3 OF MOTOR VEHICLES BY INTOXICATED INDI4 VIDUALS.

5 (a) IN GENERAL.—Subchapter I of chapter 1 of title

6 23, United States Code, is amended by adding at the end

7 the following:

8 ‘‘SEC. 165. NATIONAL STANDARD TO PROHIBIT OPERATION

9 OF MOTOR VEHICLES BY INTOXICATED INDI10 VIDUALS.

11 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON12 COMPLIANCE.—

13 ‘‘(1) FISCAL YEAR 2003.—The Secretary shall

14 withhold 5 percent of the amount required to be ap15 portioned to any State under each of paragraphs

16 (1), (3), and (4) of section 104(b) on October 1,

17 2002, if the State does not meet the requirements

18 of paragraph (3) on that date.

19 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec20 retary shall withhold 10 percent (including any

21 amounts withheld under paragraph (1)) of the

22 amount required to be apportioned to any State

23 under each of paragraphs (1), (3), and (4) of section

24 104(b) on October 1, 2003, and on October 1 of

25 each fiscal year thereafter, if the State does not
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1 meet the requirements of paragraph (3) on that

2 date.

3 ‘‘(3) REQUIREMENTS.—A State meets the re4 quirements of this paragraph if the State has en5 acted and is enforcing a law providing that an indi6 vidual who has an alcohol concentration of 0.08 per7 cent or greater while operating a motor vehicle in

8 the State has committed the offense of driving while

9 intoxicated (or an equivalent offense under the law

10 of the State for operating a motor vehicle after hav11 ing consumed alcohol).

12 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI13 ANCE AND NONCOMPLIANCE.—

14 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

15 FUNDS.—

16 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

17 SEPTEMBER 30, 2004.—Any funds withheld

18 under subsection (a) from apportionment to any

19 State on or before September 30, 2004, shall

20 remain available until the end of the third fiscal

21 year following the fiscal year for which the

22 funds are authorized to be appropriated.

23 ‘‘(B) FUNDS WITHHELD AFTER SEP24 TEMBER 30, 2004.—No funds withheld under

25 this section from apportionment to any State
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1 after September 30, 2004, shall be available for

2 apportionment to the State.

3 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

4 AFTER COMPLIANCE.—If, before the last day of the

5 period for which funds withheld under subsection (a)

6 from apportionment are to remain available for ap7 portionment to a State under paragraph (1)(A), the

8 State meets the requirements of subsection (a)(3),

9 the Secretary shall, on the first day on which the

10 State meets the requirements, apportion to the State

11 the funds withheld under subsection (a) that remain

12 available for apportionment to the State.

13 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE14 QUENTLY APPORTIONED FUNDS.—

15 ‘‘(A) IN GENERAL.—Any funds appor16 tioned under paragraph (2) shall remain avail17 able for expenditure until the end of the third

18 fiscal year following the fiscal year in which the

19 funds are so apportioned.

20 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

21 Sums not obligated at the end of the period re22 ferred to in subparagraph (A) shall lapse.

23 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

24 end of the period for which funds withheld under

25 subsection (a) from apportionment are available for
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1 apportionment to a State under paragraph (1)(A),

2 the State does not meet the requirements of sub3 section (a)(3), the funds shall lapse.’’.

4 (b) CONFORMING AMENDMENT.—The analysis for

5 subchapter I of chapter 1 of title 23, United States Code,

6 is amended by adding at the end the following:

‘‘Sec. 165. National standard to prohibit operation of motor vehicles by intoxicated individuals.’’.

7 SEC. 2022. DRUG FREE TEENAGE DRIVERS.

8 (a) This section may be cited as the ‘‘Drug Free

9 Teenage Drivers Act’’.

10 (b) DEMONSTRATION PROGRAM.—The National

11 Highway Traffic Safety Administration shall establish a

12 demonstration program in several states to provide drug

13 testing for all teenaged applicants (or other first time ap14 plicants for a driver’s license regardless of age) for a driv15 er’s license. If an applicant tests positive in the drug test,

16 the State in which the program is established will not issue

17 a license to the applicant and will require the applicant

18 to complete a State drug treatment program and to not

19 test positive in a drug test before reapplying for a license.

20 (c) Chapter 4 of title 23, United States Code, is

21 amended by adding at the end the following:
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1 ‘‘SEC. 412. GRANTS TO PREVENT IMPAIRMENT BY DRUGS

2 AND CHEMICAL SUBSTANCES.

3 ‘‘(a) The Secretary of Transportation shall establish

4 an incentive grant program for States to assist the States

5 in improving their laws relating to controlled substances

6 and driving.

7 ‘‘(b) To qualify for a grant under subsection (a) a

8 state shall carry out the following:

9 ‘‘(1) Enact, enforce, and publicize a law which

10 makes it illegal to drive in the State with any meas11 urable amount of an illegal controlled substance in

12 the driver’s body. An illegal controlled substance is

13 a controlled substance for which an individual does

14 not have a legal written prescription. An individual

15 who is convicted of such illegal driving shall be re16 ferred to appropriate services, including intervention,

17 counseling, and treatment.

18 ‘‘(2) Enact, enforce, and publicize a law which

19 makes it illegal to drive in the State when driving

20 is impaired by the presence of any drug or chemical

21 substance. The State shall provide that in the en22 forcement of such law, a driver shall be tested for

23 the presence of a drug or chemical substance when

24 there is evidence of impaired driving and a driver

25 will have the driver’s license suspended. And indi26 vidual who is convicted of such illegal driving shall
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1 be referred to appropriate services, including inter2 vention, counseling, and treatment.

3 ‘‘(3) Enact, enforce, and publicize a law which

4 authorizes the suspension of a driver’s license if the

5 driver is convicted of any criminal offense relating to

6 drugs.

7 ‘‘(4) Adopt procedures to ensure that beginning

8 driver applicants and other individuals applying for

9 or renewing a driver’s license will be provided infor10 mation about the laws referred to in paragraphs (1),

11 (2), and (3) and will be required to answer drug12 related questions on their applications.

13 ‘‘(c) A State may only use a grant under paragraph

14 (1) to implement and enforce the programs described in

15 paragraph (2).

16 ‘‘(d) The amount of a grant made for any fiscal year

17 to any eligible State shall not be more than 20 percent

18 of the amount appropriated to the State for fiscal year

19 1997 under section 402 of this title.’’.

20 (d) There are authorized to be appropriated out of

21 the Highway Trust Fund (other than the Mass Transit

22 Account) such sums as may be necessary for each of the

23 fiscal years 2001 through 2005 to carry out this section.
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1 SEC. 2023. AMENDMENTS CONCERNING TEMPORARY

2 EMERGENCY SCHEDULING.

3 Section 201(h) of the Controlled Substances Act (21

4 U.S.C. 811(h)) is amended to read as follows:

5 ‘‘(h) TEMPORARY SCHEDULING TO AVOID IMMINENT

6 HAZARDS TO PUBLIC SAFETY.—

7 ‘‘(1) IN GENERAL.—If the Attorney General

8 finds that the control of a substance on a temporary

9 basis is necessary to avoid an imminent hazard to

10 the public safety, the Attorney General may, by

11 order and without regard to the requirements of

12 subsection (b) of this section relating to the Sec13 retary of Health and Human Services, and without

14 regard to the findings required under section 202(b)

15 (21 U.S.C. 812(b)), temporarily schedule such sub16 stance in accordance with this subsection if no ap17 proval is in effect for the substance under section

18 505(i) of the Federal Food, Drug, and Cosmetic Act

19 (hereafter in this subsection referred to as the FDC

20 Act) (21 U.S.C. 355(i)).

21 ‘‘(A) If the substance is not contained in

22 a drug for which an investigational new drug

23 exemption is in effect under section 505(i) of

24 the FDC Act, the temporary scheduling order

25 shall place such substance in schedule I.
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1 ‘‘(B) If the substance is contained in a

2 drug for which an investigational new drug ex3 emption is in effect under section 505(i) of the

4 FDC Act, the temporary scheduling order shall

5 place such substance in schedule II, subject to

6 the conditions set forth in paragraph (6) of this

7 subsection.

8 ‘‘(C) A temporary scheduling order, or

9 order renewing such order, may not take effect

10 before the expiration of thirty days from—

11 ‘‘(i) the date of the publication by the

12 Attorney General of a notice in the Federal

13 Register of the intention to issue such

14 order and the grounds upon which such

15 order is to be issued; and

16 ‘‘(ii) the date the Attorney General

17 has transmitted the notice required by

18 paragraph (4).

19 ‘‘(2) DURATION OF TEMPORARY SCHEDULING;

20 RENEWAL OF ORDERS.—

21 ‘‘(A) A temporary scheduling order issued

22 under subparagraph (1)(A) of this subsection

23 shall expire at the end of one year from the ef24 fective date of the order, except that the Attor25 ney General may, during the pendency of pro-
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1 ceedings under subsection (a)(1) of this section

2 with respect to the substance, extend the tem3 porary scheduling order for up to six months.

4 ‘‘(B) A temporary scheduling order issued

5 under subparagraph (1)(B) of this subsection

6 shall expire at the end of 18 months from the

7 effective date of the order, except that, if the

8 Attorney General determines that continuation

9 of the temporary scheduling order is necessary

10 to avoid an imminent hazard to the public safe11 ty, the Attorney General may issue a renewal

12 order, 30 days prior to expiration of the tem13 porary scheduling order, extending the original

14 order for an additional 18 months, provided the

15 following conditions are met—

16 ‘‘(i) an exemption with respect to such

17 substance remains in effect under section

18 505(i) of the FDC Act; and—

19 ‘‘(ii) the holder of such exemption is

20 actively pursuing the clinical investigation

21 of the substance.

22 The Secretary shall certify to the Attorney Gen23 eral whether or not each of conditions (i) and

24 (ii) continue to be met no later than 90 days

25 prior to the date on which the temporary sched-
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1 uling order is scheduled to a expire. As long as

2 both conditions continue to be met, the Attor3 ney General may, every 18 months, continue to

4 issue orders renewing the temporary scheduling

5 of a particular substance. If either of the fore6 going conditions are no longer met for a par7 ticular substance, the temporary scheduling of

8 that substance may not be renewed and shall

9 expire 12 months after the date on which such

10 condition fails to be met, except that the Attor11 ney General may, during the pendency of pro12 ceedings under subsection (a)(l) of this section

13 with respect to the substance, extend the tem14 porary scheduling for an additional six months.

15 ‘‘(3) FACTORS DETERMINATIVE OF TEMPORARY

16 SCHEDULING.—When issuing an order under para17 graph (1), the Attorney General shall be required to

18 consider, with respect to the finding of an imminent

19 hazard to the public safety, only those factors set

20 forth in paragraphs (4), (5), and (6) of subsection

21 (c) of this section, including actual abuse, diversion

22 from legitimate channels, and clandestine importa23 tion, manufacture, or distribution.

24 ‘‘(4) CONSULTATION WITH THE SECRETARY OF

25 HEALTH AND HUMAN SERVICES.—The Attorney
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1 General shall transmit notice of an order proposed

2 to be issued under paragraph (1) to the Secretary of

3 Health and Human Services. In issuing an order

4 under paragraph (1), the Attorney General shall

5 take into consideration any comments submitted by

6 the Secretary in response to a notice transmitted

7 pursuant to this paragraph.

8 ‘‘(5) EFFECT OF PERMANENT SCHEDULING

9 PROCEEDINGS.—An order issued under paragraph

10 (1) with respect to a substance shall be vacated

11 upon the conclusion of a subsequent rule making

12 proceeding initiated under subsection (a) of this sec13 tion with respect to such substance.

14 ‘‘(6) SPECIAL RULES APPLICABLE TO TEMPO15 RARILY SCHEDULED INVESTIGATIONAL DRUGS.—

16 (A) In the case of a substance that is tem17 porarily scheduled under subparagraph (l)(B) of

18 this subsection that was controlled under this

19 subchapter prior to its temporary scheduling,

20 any person who manufactures, distributes, dis21 penses, possesses, or uses such substance within

22 the scope of the exemption under section 505(i)

23 of the FDC Act shall be subject to the same re24 quirements of this subchapter that were in ef25 fect prior to the temporary scheduling.
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1 ‘‘(B) In the case of a substance that is

2 temporarily scheduled under subparagraph

3 (l)(B) of this subsection that was not controlled

4 under this subchapter prior to its temporary

5 scheduling, any person who manufactures, dis6 tributes, dispenses, possesses, or uses such sub7 stance within the scope of the exemption under

8 section 505(i) of the FDC Act shall not be re9 quired to comply with the requirements of part

10 C of this subchapter, except as provided in this

11 paragraph—

12 ‘‘(i) Such person shall be subject to

13 sections 302, 303, and 304 (21 U.S.C.

14 822, 823, and 824), relating to registra15 tion.

16 ‘‘(ii) Compliance with applicable

17 record keeping and reporting requirements

18 of the FDC Act, as determined by the Sec19 retary, shall constitute compliance with

20 section 307 (21 U.S.C. 827). A violation of

21 such requirements shall constitute a viola22 tion of section 307 and shall subject a vio23 lator to applicable penalties under Part D

24 of this subchapter, in addition to any other

25 penalties provided by law. Records or docu-
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1 ments required to be kept for such pur2 poses under the FDC Act shall be deemed

3 records or documents required under this

4 subchapter, and places where such records

5 or documents are kept or required to be

6 kept shall be deemed controlled premises

7 for purposes of administrative inspections

8 and warrants under section 510 (21

9 U.S.C. 880).

10 ‘‘(iii) A registrant handling an inves11 tigational drug that has been temporarily

12 scheduled under this section shall be sub13 ject to the requirements established under

14 section 307(f), relating to procedures nec15 essary to insure the security and account16 ability of controlled substances used in re17 search and to prevent theft or diversion of

18 the drug into illegal channels of distribu19 tion.

20 ‘‘(C) Each person that is a sponsor of an

21 investigation of a new drug for which a re22 search exemption is in effect under section

23 505(i) of the FDC Act with respect to such

24 substance shall be required to certify to the

25 Secretary of Health and Human Services, by
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1 one month after the effective date of the tem2 porary scheduling order with respect to the sub3 stance, and by the end of each succeeding six

4 month period, that such person is able to ac5 count for the location and use of all quantities

6 of such substance that are or have been manu7 factured, distributed, dispensed, possessed, or

8 used under such exemption on or before the

9 date of such certification.

10 ‘‘(D) In the case of a substance that is

11 temporarily scheduled under subparagraph

12 (1)(B) of this subsection, the disclosure of the

13 existence of an exemption under section 505(i)

14 of the FDC Act with respect to such substance

15 shall not be considered to be disclosure prohib16 ited by section 301(j) of the FDC Act or sec17 tion 1905 of title 18 of the United States Code.

18 ‘‘(E) The manufacture, possession, dis19 tribution, or use of such substance within the

20 scope of such exception shall not be subject to

21 any requirements or penalty under State or

22 local law more stringent than the provisions of

23 this chapter or other applicable Federal law.

24 ‘‘(7) JUDICIAL REVIEW.—An order issued

25 under paragraph (1) is not subject to judicial review,
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1 except that a renewal order issued under subpara2 graph (2)(B) of this subsection is subject to judicial

3 review in accordance with section 507 (21 U.S.C.

4 877).’’.

5 SEC. 2024. AMENDMENT TO REPORTING REQUIREMENT

6 FOR TRANSACTIONS INVOLVING CERTAIN

7 LISTED CHEMICALS.

8 Section 310(b)(3) of the Controlled Substances Act

9 (21 U.S.C. 830(b)(3)) is amended by—

10 (1) redesignating subparagraphs (A) and (B) as

11 subparagraphs (B) and (C);

12 (2) inserting a new subparagraph (A) as fol13 lows:

14 ‘‘(A) As used in this section, the term

15 ‘drug product’ means a pharmaceutical sub16 stance in dosage form that has been approved

17 under the Food, Drug and Cosmetic Act for

18 distribution in the United States.’’;

19 (3) in the redesignated (B) by inserting ‘‘or

20 who engages in an export transaction’’ after ‘‘non21 regulated person’’; and

22 (4) adding at the end the following—

23 ‘‘(D) Except as provided in subparagraph

24 (E), the following distributions to a nonregu25 lated person and the following export trans-
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1 actions shall not be subject to the reporting re2 quirement established in subparagraph (B):

3 ‘‘(i) distributions of sample packages

4 of drug products when such packages con5 tain not more than 2 solid dosage units or

6 the equivalent of 2 dosage units in liquid

7 form, not to exceed 10 milliliters of liquid

8 per package, and not more than one pack9 age is distributed to an individual or resi10 dential address in any 30-day time period;

11 ‘‘(ii) distributions of drug products by

12 retail distributors to the extent that such

13 distributions are consistent with the activi14 ties authorized for a retail distributor as

15 set out in section 102(46) of this title;

16 ‘‘(iii) distributions of drug products to

17 a resident of a Long Term Care Facility

18 (as that term is defined in the regulations

19 of the Attorney General) or distributions of

20 drug products to a Long Term Care Facil21 ity for dispensing to or for use by a resi22 dent of that facility;

23 ‘‘(iv) distributions of drug products

24 pursuant to a valid prescription (as used in

25 this section, the term ‘valid prescription’ is
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1 one which is issued for a legitimate med2 ical purpose by individual practitioner li3 censed by law to administer and prescribe

4 such drugs and acting in the usual course

5 of his/her professional practice);

6 ‘‘(v) exports which have been reported

7 to the Attorney General pursuant to sec8 tion 1004 or 1018 of title III or which are

9 subject to a waiver granted under section

10 1018(e)(2) of title III; and

11 ‘‘(vi) any quantity, method or type of

12 distribution or any quantity, method or

13 type of distribution of a specific listed

14 chemical (including specific formulations or

15 drug products) or of a group of listed

16 chemicals (including specific formulations

17 or drug products) which the Attorney Gen18 eral has excluded by regulation from this

19 reporting requirement on the basis that

20 such reporting is not necessary to the en21 forcement of this title or title III.

22 ‘‘(E) The Attorney General may revoke

23 any or all of the exemptions listed in (C) for an

24 individual regulated person if he finds that drug

25 products distributed by that person are being
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1 used in violation of this title or title III. The

2 regulated person shall be notified of this revoca3 tion, which will be effective upon receipt by the

4 regulated person of such notice, as provided in

5 section 1018(c)(1) of title III and has the right

6 to an expedited hearing as provided in section

7 1018(c)(2) of title III.’’.

8 SEC. 2025. AMPHETAMINE PENALTY INCREASES.

9 (a) SENTENCING GUIDELINES FOR AMPHETAMINE

10 OFFENSES.—

11 (1) DIRECTIVE TO THE UNITED STATES SEN12 TENCING COMMISSION.—Pursuant to its authority

13 under section 994(p) of title 28, United States Code,

14 and in accordance with this section, the United

15 States Sentencing Commission shall review and

16 amend its guidelines and its policy statements appli17 cable to persons convicted of controlled substances

18 offenses involving amphetamine, its salts, isomers, or

19 salts of its isomers.

20 (2) REQUIREMENTS.—In carrying out this sub21 section, the Sentencing Commission shall:

22 (A) amend the Drug Quantity Table

23 (USSG § 2D1.1(c)) such that:

24 (i) offenses involving 50 grams or

25 more of amphetamine, its salts, isomers, or
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1 salts of its isomers or 500 grams or more

2 of a mixture or substance containing a de3 tectable amount of amphetamine, its salts,

4 isomers, or salts of its isomers are as5 signed a base offense level of at least 32;

6 and

7 (ii) offenses involving 5 grams or

8 more of amphetamine, its salts, isomers, or

9 salts of its isomers or 50 grams or more of

10 a mixture or substance containing a detect11 able amount of amphetamine, its salts, iso12 mers, or salts of its isomers are assigned

13 a base offense level of at least 26;

14 (B) make all necessary conforming changes

15 to the Drug Quantity Table (USSG § 2D1.1(c))

16 to assign base offense levels above and below

17 those specifically specified in subsection

18 (a)(2)(A) for offenses involving other quantities

19 of amphetamine, its salts, isomers, or salts of

20 its isomers or a mixture or substance con21 taining a detectable amount of amphetamine,

22 its salts, isomers, or salts of its isomers; and

23 (C) make any necessary conforming

24 changes to other sections of the sentencing

25 guidelines.
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1 (3) EMERGENCY AUTHORITY.—The Commission

2 shall promulgate any guidelines or amendments pro3 vided for under this section as soon as practicable in

4 accordance with the procedures set forth in section

5 21(a) of the Sentencing Act of 1987, as though the

6 authority under that Act has not expired.

7 (b) MAXIMUM PENALTY FOR POSSESSING EQUIP8 MENT TO MANUFACTURE AMPHETAMINE.—Section

9 403(d)(2) of the Controlled Substances Act (21 U.S.C.

10 843(d)(2)) is amended by inserting ‘‘or amphetamine’’

11 after ‘‘methamphetamine’’.

12 SEC. 2026. ANABOLIC AGENTS.

13 (a) DEFINITION.—Section 102(41) of the Controlled

14 Substances Act (21 U.S.C. 802 (41)) is amended.—

15 (1) in subparagraph (A)—

16 (A) by amending the matter preceding

17 clause (i) to read as follows:

18 ‘‘(41) The term ‘anabolic agent’ means—

19 ‘‘(A) an anabolic steroid which is any drug

20 or horomonal substance, chemically and phar21 macologically related to testosterone (other than

22 estrogens, progestins, and corticosteroids) that

23 promotes muscle growth and includes.—’’; and

24 (B) by striking ‘‘growth.’’ and inserting

25 growth; or’’;
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1 (2) by redesignating subparagraph (B) as sub2 paragraph (C); and

3 (3) by inserting after subparagraph (A) the fol4 lowing:

5 ‘‘(B) any other substance, including its

6 salts and isomers, which the Attorney General,

7 after consultation with the Secretary, deter8 mines and specifies by regulation as (i) being

9 capable of producing anabolic effects similar to

10 those of testosterone and (ii) which is abused

11 for purposes of increasing muscle mass or

12 strength, to enhance athletic performance, or

13 for other purposes.’’.

14 (b) Section 202(c), Schedule III(e), of the Controlled

15 Substances Act (21 U.S.C. 812(c), Schedule III(e)) is

16 amended by striking ‘‘Anabolic steroids’’ and inserting

17 ‘‘Anabolic agents’’.

18 SEC. 2027. DRUG PARAPHERNALIA.

19 (a) IN GENERAL.—Section 422(d) of the Controlled

20 Substances Act (21 U.S.C. 863(d)) is amended by insert21 ing ‘‘packaging,’’ after ‘‘concealing,’’.

22 (b) DETERMINATION OF DRUG PARAPHERNALIA.—

23 Section 422(e)(4) of the Controlled Substances Act (21

24 U.S.C. 863(e)(4)) is amended by adding the following

25 after ‘‘sale’’: ‘‘including, but not limited to, whether the
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1 item displays any name brand, insignia or other indicator

2 which is associated with illegal drugs or which is used to

3 advertise or identify an illegal drug’’.

4 (c) CLERICAL AMENDMENTS.—(1) Section

5 511(a)(10) of the Controlled Substances Act (21 U.S.C.

6 881(a)(10)) is amended by striking all after ‘‘as defined

7 in’’ and inserting ‘‘section 422 of this title.’’.

8 (2) Section 422 of the Controlled Substances

9 Act (21 U.S.C. 881(a)(10)) is amended—

10 (A) by deleting subsection (c); and

11 (B) by redesignating subsections (d), (e),

12 and (f) as subsections (c), (d), and (e), respec13 tively.

14 SEC. 2028. COUNTERFEIT SUBSTANCES/IMITATION CON15 TROLLED SUBSTANCES.

16 (a) Section 102(7) of the Controlled Substances Act

17 (21 U.S.C. 802(7)) is amended by—

18 (1) inserting ‘‘(A)’’ after ‘‘(7)’’;

19 (2) designating the text after ‘‘a controlled sub20 stance’’ as clause (i);

21 (3) inserting ‘‘characteristic,’’ after ‘‘number,’’;

22 (4) striking the period at the end and inserting

23 a semicolon; and

24 (5) adding at the end the following:
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1 ‘‘(ii) which falsely purports or is rep2 resented to be a different controlled substance;

3 or

4 ‘‘(iii) which is manufactured or designed in

5 such a manner, or is distributed, dispensed, or

6 otherwise transferred under such circumstances,

7 such that a reasonable person would believe

8 that the substance is a different controlled sub9 stance.

10 ‘‘(B) The term ‘imitation controlled substance’

11 means a substance, which is not a controlled sub12 stance, that is represented (expressly or by implica13 tion) to be a controlled substance.

14 ‘‘(C) The term ‘imitation controlled substance’

15 does not include a placebo which is directly applied

16 to the body of a research subject or a patient or

17 which is delivered to a research subject or a person

18 for his own use, by, or pursuant to the order of, a

19 practitioner for a lawful purpose.’’.

20 (b) Section 102(8) of the Controlled Substances Act

21 (21 U.S.C. 802(8)) is amended by inserting ‘‘, an imita22 tion controlled substance,’’ after ‘‘controlled substance’’.

23 (c) Section 102(11) of the Controlled Substances Act

24 (21 U.S.C. 802(11)) is amended by—
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1 (1) inserting ‘‘to deliver an imitation controlled

2 substance or’’ after ‘‘controlled substance or’’ in the

3 first sentence; and

4 (2) inserting ‘‘, an imitation controlled sub5 stance,’’ after ‘‘controlled substance’’ in the second

6 sentence.

7 (d) Section 102(44) of the Controlled Substances Act

8 (21 U.S.C. 802(44)) is amended by—

9 (1) striking ‘‘or’’ after ‘‘marihuana,’’; and

10 (2) inserting ‘‘, anabolic agents, or listed chemi11 cals, or an offense that is punishable by imprison12 ment for more than one year under any provision of

13 this title or title III’’ after ‘‘stimulant substances’’.

14 (e) Section 401(a) of the Controlled Substances Act

15 (21 U.S.C. 841(a)) is amended by—

16 (1) striking ‘‘or’’ at the end of paragraph (1);

17 (2) striking ‘‘create’’ in paragraph (2) and in18 serting ‘‘manufacture’’;

19 (3) inserting ‘‘manufacture,’’ after ‘‘intent to’’

20 in paragraph (2);

21 (4) striking the period at the end of paragraph

22 (2) and inserting ‘‘; or’’ ; and

23 (5) adding at the end the following paragraph:
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1 ‘‘(3) to manufacture, distribute, or dispense, or

2 possess with intent to manufacture, distribute or dis3 pense, an imitation controlled substance.’’.

4 (f) Section 401(b) of the Controlled Substances Act

5 (21 U.S.C. 841(b) is amended by redesignating para6 graphs (4) through (7) as paragraphs (6) through (9) and

7 inserting after paragraph (3) the following:

8 ‘‘(4)(A) In the case of a counterfeit substance,

9 such person shall be sentenced in accordance with

10 this section based on the controlled substance which

11 the counterfeit substance is represented to be or

12 based on the controlled substance which is actually

13 contained in the counterfeit substance, whichever

14 provides the greater sentence.

15 ‘‘(B) Paragraph (5)(B) of this subsection may

16 be applied to make a determination that a controlled

17 substance is a counterfeit substance.

18 ‘‘(5)(A) In the case of an imitation controlled

19 substance, such person shall be sentenced to a term

20 of imprisonment or a fine, or both, which does not

21 exceed one-half of the maximum term of imprison22 ment and fine which would apply under this section

23 to the controlled substance which the imitation con24 trolled substance is represented to be. The minimum

25 period of supervised release for such person shall be
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1 one-half of that which would apply under this sec2 tion to the controlled substance which the imitation

3 controlled substance is represented to be.

4 ‘‘(B) In the case of a violation of this title or

5 title III involving an imitation controlled substance,

6 the following provisions shall apply:

7 ‘‘(i) The trier of fact may consider the fol8 lowing factors in addition to any other factor

9 that may be relevant for purposes of deter10 mining whether a substance was an imitation

11 controlled substance. The presence of any two

12 of the following factors shall be prima facie evi13 dence that the substance was an imitation con14 trolled substance; however, the presence of two

15 factors is not required for a determination that

16 a substance is an imitation controlled sub17 stance:

18 ‘‘(I) The person in control of the sub19 stance expressly or impliedly represents

20 that the substance is a controlled sub21 stance or has the effect of a controlled sub22 stance;

23 ‘‘(II) The person in control of the

24 substance expressly or impliedly represents

25 that the substance because of its nature or
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1 appearance can be sold, delivered or used

2 as a controlled substance or as a substitute

3 for a controlled substance;

4 ‘‘(III) The person in control of the

5 substance utilizes evasive tactics or actions

6 to avoid detection by law enforcement au7 thorities or other authorities such as school

8 authorities;

9 ‘‘(IV) The physical appearance of the

10 substance is, or is designed to be, substan11 tially identical to a specific controlled sub12 stance. This may be determined by such

13 factors as color, shape, size, markings,

14 taste, odor, consistency, packaging, label15 ing, or other identifying characteristics;

16 ‘‘(V) The substance is packaged or

17 distributed in a manner normally used for

18 the illegal distribution of controlled sub19 stances; or

20 ‘‘(VI) The distribution or attempted

21 distribution includes an exchange or de22 mand for money or other property as con23 sideration, and the amount of the consider24 ation is substantially greater than the rea-
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1 sonable retail market value of the sub2 stance.

3 ‘‘(ii) It shall not constitute a defense that

4 the accused believed the imitation controlled

5 substance to actually be a controlled sub6 stance.’’.

7 (g) Section 403 of the Controlled Substances Act (21

8 U.S.C. 843) is amended—

9 (1) in paragraph (a)(2), by inserting ‘‘or list I

10 chemical’’ after ‘‘controlled substance’’ each place it

11 appears;

12 (2) in paragraph (a)(3), by inserting ‘‘or a lab13 oratory supply (as defined in section 402(a) of this

14 title)’’ after ‘‘controlled substance’’; and

15 (3) in paragraph (a)(5) by—

16 (A) inserting ‘‘or substance’’ after ‘‘drug’’

17 both places it appears; and

18 (B) inserting ‘‘or an imitation controlled

19 substance’’ after ‘‘counterfeit substance’’.

20 (h) Section 506(a) of the Controlled Substances Act

21 (21 U.S.C. 876(a)) is amended by inserting ‘‘, imitation

22 controlled substances,’’ after ‘‘controlled substances’’.

23 (i) Section 509 of the Controlled Substances Act (21

24 U.S.C. 879) is amended by inserting ‘‘imitation controlled
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1 substances, or listed chemicals’’ after ‘‘controlled sub2 stances’’.

3 (j)(1) Section 511(a) of the Controlled Substances

4 Act (21 U.S.C. 881(a)) is amended—

5 (A) in paragraph (1), by inserting ‘‘and imita6 tion controlled substances’’ after ‘‘controlled sub7 stances’’;

8 (B) in paragraph (2), by inserting ‘‘, imitation

9 controlled substance,’’ after ‘‘controlled substance’’;

10 (C) in paragraph (6), by inserting ‘‘, imitation

11 controlled substance,’’ after ‘‘controlled substance’’;

12 and

13 (D) in paragraph (8), by inserting ‘‘and imita14 tion controlled substances’’ after ‘‘controlled sub15 stances’’.

16 (2) Section 607(a)(3) of the Tariff Act of 1930 (19

17 U.S.C. 1607(a)(3)) is amended by inserting ‘‘, imitation

18 controlled substance,’’ after ‘‘controlled substance’’.

19 (3) Section 607(b) of the Tariff Act of 1930 (19

20 U.S.C. 1607(b)) is amended by inserting ‘‘, ‘imitation con21 trolled substance’,’’ after ‘‘ ‘controlled substance’ ’’.

22 (k) Section 1010(a) of the Controlled Substances Act

23 (21 U.S.C. 960(a)) is amended—

24 (1) in paragraph (2), by striking ‘‘or’’ at the

25 end;
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1 (2) in paragraph (3), by inserting ‘‘or’’ after

2 ‘‘substance,’’; and

3 (3) by inserting after paragraph (3) the fol4 lowing:

5 ‘‘(4) knowingly or intentionally imports or ex6 ports a counterfeit substance or an imitation con7 trolled substance,’’.

8 (l) Section 2516(1)(e) of title 18, United States Code,

9 is amended by inserting ‘‘or a violation of the Controlled

10 Substances Act (21 U.S.C. 801 et seq.) or the Controlled

11 Substances Import and Export Act (21 U.S.C. 851, et

12 seq.)’’ after ‘‘United States’’.

13 SEC. 2029. AMENDMENTS TO THE CONTROLLED SUB14 STANCES IMPORT AND EXPORT ACT.

15 (a) ADDITIONAL PENALTIES.—Section 401(b) of the

16 Controlled Substances Act (21 U.S.C. 841(b)) is

17 amended—

18 (1) in paragraph (1)(A)(vi)—

19 (A) by striking ‘‘400 grams’’ and inserting

20 ‘‘40 grams’’; and

21 (B) by striking ‘‘or 100 grams’’ and all

22 that follows through the end of clause (vi) and

23 inserting ‘‘(fentanyl) or any of its analogues;’’;

24 (2) in paragraph (1)(B)(vi)—
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1 (A) by striking ‘‘40 grams’’ and inserting

2 ‘‘4 grams’’;

3 (B) by striking ‘‘or 10 grams’’ and all that

4 follows through the end of clause (vi) and in5 serting ‘‘(fentanyl) or any of its analogues;’’

6 (3) in paragraph (1)(D)—

7 (A) by striking ‘‘or in the case of any con8 trolled substance in schedule III’’; and

9 (B) by striking ‘‘paragraphs (4) and (5)’’

10 and inserting ‘‘paragraphs (6) and (7)’’;

11 (4) by adding the following new subparagraph

12 at the end of paragraph (1):

13 ‘‘(E) In the case of any controlled sub14 stance in schedule III, such person shall be sen15 tenced to a term of imprisonment of not more

16 than 10 years and if death or serious bodily in17 jury results from the use of such substance

18 shall be sentenced to a term of imprisonment of

19 not less than ten years or more than life, a fine

20 not to exceed the greater of that authorized in

21 accordance with the provisions of Title 18, or

22 $500,000 if the defendant is an individual or

23 $2,500,000 if the defendant is other than an in24 dividual, or both. If any person commits such a

25 violation after a prior conviction for a felony
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1 drug offense has become final, such person shall

2 be sentenced to a term of imprisonment of not

3 more than 20 years and if death or serious bod4 ily injury results from the use of such substance

5 shall be sentenced to life imprisonment, a fine

6 not to exceed the greater of twice that author7 ized in accordance with the provisions of title

8 18, or $1,000,000 if the defendant is an indi9 vidual or $5,000,000 if the defendant is other

10 than an individual, or both. Any sentence im11 posing a term of imprisonment under this para12 graph shall, in the absence of such a prior con13 viction, impose a term of supervised release of

14 at least 2 years in addition to such term of im15 prisonment and shall, if there was such a prior

16 conviction, impose a term of supervised release

17 of at least 4 years in addition to such term of

18 imprisonment. Notwithstanding any other pro19 vision of law, the court shall not place on pro20 bation of any person sentenced under a provi21 sion of this subparagraph which provides for a

22 mandatory term of imprisonment if death or se23 rious bodily injury results.’’;

24 (5) in paragraph (2)—
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1 (A) by striking ‘‘3 years’’ and inserting ‘‘5

2 years’’;

3 (B) by striking ‘‘6 years’’ and inserting

4 ‘‘10 years’’; and

5 (C) by striking ‘‘after one or more prior

6 convictions’’ and all that follows through ‘‘have

7 become final,’’ and inserting ‘‘after a prior con8 viction for a felony drug offense has become

9 final,’’;

10 (6) in paragraph (3)—

11 (A) by striking ‘‘one year’’ and inserting

12 ‘‘3 years’’;

13 (B) by striking ‘‘2 years’’ and inserting ‘‘6

14 years’’;

15 (C) by striking ‘‘after one or more prior

16 convictions’’ and all that follows through ‘‘have

17 become final,’’ and inserting ‘‘after a prior con18 viction for a felony drug offense has become

19 final,’’;

20 (7) by adding the following at the end of para21 graph (3): ‘‘Any sentence imposing a term of impris22 onment under this paragraph shall, in the absence of

23 such a prior conviction, impose a term of supervised

24 release of at least one year in addition to such term

25 of imprisonment and shall, if there was such a prior
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1 conviction, impose a term of supervised release of at

2 least 2 years in addition to such term of imprison3 ment.’’;

4 (8) in paragraph (8), as redesignated by section

5 2028 of this act, by striking ‘‘on Federal land’’;

6 (9) in paragraphs (1)(A) and (B), by striking

7 ‘‘No person sentenced under this subparagraph shall

8 be eligible for parole during the term of imprison9 ment imposed therein.’’; and

10 (10) in paragraph (1)(C), by striking ‘‘, nor

11 shall a person so sentenced be eligible for parole

12 during the term of such a sentence’’ in the final sen13 tence.

14 (b) Section 402(c)(2)(B) of the Controlled Sub15 stances Act (21 U.S.C. 842(c)(2)(B)) is amended—

16 (1) by striking ‘‘or’’ after ‘‘marihuana,’’; and

17 (2) by inserting ‘‘anabolic agents, or listed

18 chemicals, or for a felony drug offense,’’ after ‘‘stim19 ulant substances’’;

20 (c) Section 403(d)(1) of the Controlled Substances

21 Act (21 U.S.C. 843(d)(1)) is amended by striking ‘‘after

22 one or more prior convictions’’ and all that follows through

23 ‘‘have become final,’’ and inserting ‘‘after a prior convic24 tion for a felony drug offense has become final,’’;
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1 (d) Section 1010(b) of the Controlled Substances Im2 port and Export Act (21 U.S.C. 960(b)) is amended—

3 (1) in paragraph (1)(F)—

4 (A) by striking ‘‘400 grams’’ and inserting

5 ‘‘40 grams’’ ; and

6 (B) by striking ‘‘or 100 grams’’ and all

7 that follows through the end of subparagraph

8 (F) and inserting ‘‘(fentanyl) or any of its ana9 logues;’’;

10 (2) in paragraph (2)(F)—

11 (A) by striking ‘‘40 grams’’ and inserting

12 ‘‘4 grams’’; and

13 (B) by striking ‘‘or 10 grams’’ and all that

14 follows through the end of subparagraph (F)

15 and inserting ‘‘(fentanyl) or any of its ana16 logues;’’;

17 (3) in paragraph (4) by—

18 (A) inserting ‘‘or’’ after ‘‘hashish,’’;

19 (B) striking ‘‘or any quantity of a con20 trolled substance in schedule III, IV, or V, (ex21 cept a violation involving Flunitrazepam)’’; and

22 (C) striking ‘‘imprisoned’’ and all that fol23 lows through the end of the paragraph and in24 serting ‘‘sentenced in accordance with section

25 401(b)(1)(D) of title II.’’;
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1 (4) by adding at the end new paragraphs (5),

2 (6), (7), (8) and (9) as follows:

3 ‘‘(5) In the case of a violation of subsection (a)

4 of this section involving a controlled substance in

5 schedule III, such person shall be sentenced in ac6 cordance with section 401(b)(1)(E) of title II.

7 ‘‘(6) In the case of a violation of subsection (a)

8 of this section involving a controlled substance in

9 schedule IV (except a violation involving

10 flunitrazepam), such person shall be sentenced in ac11 cordance with section 401(b)(2) of title II.

12 ‘‘(7) In the case of a violation of subsection (a)

13 of this section involving a controlled substance in

14 schedule V, such person shall be sentenced in ac15 cordance with section 401(b)(3) of title II.

16 ‘‘(8) In the case of a violation of subsection (a)

17 of this section involving a counterfeit substance,

18 such person shall be sentenced in accordance with

19 section 401(b)(4) of title II.

20 ‘‘(9) In the case of a violation of subsection (a)

21 of this section involving an imitation controlled sub22 stance, such person shall be sentenced in accordance

23 with section 401(b)(5) of title II.’’;

24 (5) in paragraphs (1) and (2), by striking ‘‘No

25 person sentenced under this subparagraph shall be
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1 eligible for parole during the term of imprisonment

2 imposed therein.’’; and

3 (6) in paragraph (3), by striking ‘‘, nor shall a

4 person so sentenced be eligible for parole during the

5 term of such a sentence’’ in the final sentence.

6 (e) SENTENCING GUIDELINES.—

7 (1) DIRECTIVE TO THE UNITED STATES SEN8 TENCING COMMISSION.—Pursuant to its authority

9 under section 994(p) of title 28, United States Code,

10 and in accordance with this section, the United

11 States Sentencing Commission shall review and, if

12 appropriate, amend its guidelines and its policy

13 statements applicable to persons convicted of con14 trolled substances offenses.

15 (2) REQUIREMENTS.—In carrying out this sub16 section, the Sentencing Commission shall:

17 (A) consider amending the Drug Equiva18 lency Table (USSG § 2D1.1) such that:

19 (i) 1 gram of secobarbital and other

20 schedule I or II depressants is equivalent

21 to at least 4 grams of marijuana;

22 (ii) 1 gram of a schedule III sub23 stance other than anabolic agents is equiv24 alent to at least 4 grams of marijuana;
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1 (iii) 1 unit of anabolic agent is equiva2 lent to at least 10 grams of marijuana;

3 (iv) 1 gram of a schedule IV sub4 stance other than flunitrazepam is equiva5 lent to at least 2.4 grams of marijuana;

6 and

7 (v) 1 gram of a schedule V substance

8 is equivalent to at least 0.8 grams of mari9 juana.

10 (B) amend the Drug Quantity Table

11 (USSG § 2D1.1):

12 (i) to reflect the revised drug equiva13 lency ratios adopted pursuant to this sec14 tion; and

15 (ii) to reflect the statutory penalty in16 creases established by this Act including

17 those for schedule III, IV, and V controlled

18 substances, secobarbital, and other sched19 ule I and II depressants;

20 (C) consider amending the Drug Quantity

21 Table (USSG § 2D1.1) to define 1 unit of ana22 bolic agent as 1 cc of injectable anabolic steroid

23 or five tablets of anabolic steroid or the phar24 maceutical equivalent quantity of any anabolic

25 agent;
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1 (D) consider providing an additional sen2 tencing enhancement for any defendant con3 victed of controlled substance offenses who, at

4 the time of the offense was:

5 (i) a person required to register under

6 section 302 of title II or section 1007 of

7 title III (21 U.S.C. 822 and 957, respec8 tively), or the pertinent regulations of the

9 Attorney General, or was otherwise author10 ized by law to manufacture, distribute, dis11 pense, import, export, or conduct other ac12 tivities with controlled substances; or

13 (ii) a pharmacist, physician, or other

14 health care professional licensed under

15 Federal, state, or local law, or an employee

16 or agent of any such person or of any per17 son described in paragraph (E)(i);

18 (E) ensure that the sentencing guidelines

19 and policy statements reflect the serious effects

20 of illegal drug manufacturing, possession, and

21 trafficking and the need for aggressive and ap22 propriate law enforcement action to prevent

23 such illegal drug crimes;

24 (F) consult with law enforcement officials,

25 including those specializing in illegal drug en-
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1 forcement, and the Federal judiciary as part of

2 the review described in subsection (1);

3 (G) assure reasonable consistency with

4 other relevant directives and with other guide5 lines;

6 (H) account for any aggravating or miti7 gating circumstances that might justify excep8 tions, including circumstances for which the

9 sentencing guidelines currently provide sen10 tencing enhancements;

11 (I) make any necessary conforming

12 changes to the sentencing guidelines; and

13 (J) assure that the guidelines adequately

14 meet the purposes of sentencing as set forth in

15 section 3553(a)(2) of title 18, United States

16 Code.

17 (3) EMERGENCY AUTHORITY.—The Commission

18 shall promulgate any guidelines or amendments pro19 vided for under this section as soon as practicable in

20 accordance with the procedures set forth in section

21 21(a) of the Sentencing Act of 1987, as though the

22 authority under that Act has not expired.

23 (4) REPORT.—Not later than December 1,

24 2000, the United States Sentencing Commission

25 shall submit a report to Congress detailing the re-
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1 sults of its review and explaining the changes to sen2 tencing policy made in response to this Act. The re3 port shall also include any recommendations that the

4 Commission may have for retention or modification

5 of current penalty levels, including statutory penalty

6 levels, and for otherwise combating controlled sub7 stances offenses.

8 SEC. 2030. CONFORMING AMENDMENT CONCERNING MARI9 JUANA PLANTS.

10 Section 1010(b)(4) of the Controlled Substances Im11 port and Export Act (21 U.S.C. 960(b)(4)) is amended

12 by striking ‘‘except in the case of 100 or more marihuana

13 plants’’ and inserting ‘‘except in the case of 50 or more

14 marihuana plants’’.

15 SEC. 2031. CONFORMING AMENDMENT RELATING TO

16 FLUNITRAZEPAM PENALTIES.

17 Section 401(b)(1) of the Controlled Substances Act

18 (21 U.S.C. 841(b)(1)) is amended—

19 (1) in subparagraph (C), by striking ‘‘1 gram

20 of’’; and

21 (2) in subparagraph (D), by striking ‘‘or 30

22 milligrams of flunitrazepam,’’.
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1 SEC. 2032. INCREASED PENALTIES FOR USING MINORS TO

2 DISTRIBUTE DRUGS.

3 Section 420 of the Controlled Substances Act (21

4 U.S.C. 861) is amended—

5 (1) in subsection (b), by striking ‘‘one year’’

6 and inserting ‘‘three years’’;

7 (2) in subsection (c), by striking ‘‘one year’’

8 and inserting ‘‘five years’’; and

9 (3) by amending subsection (e) to read as fol10 lows:

11 ‘‘(e) PROBATION PROHIBITED.—In the case of any

12 sentence imposed under this section, probation shall not

13 be granted.’’.

14 SEC. 2033. INCREASED PENALTIES FOR DISTRIBUTING

15 DRUGS TO MINORS.

16 Section 418 of the Controlled Substances Act (21

17 U.S.C. 859) is amended—

18 (1) in subsection (a), by striking ‘‘one year’’

19 and inserting ‘‘three years’’;

20 (2) in subsection (b), by striking ‘‘one year’’

21 and inserting ‘‘five years’’; and

22 (3) in subsections (a) and (b), by striking

23 ‘‘under twenty-one’’ and inserting ‘‘under eighteen’’.
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1 SEC. 2034. INCREASED PENALTY FOR DRUG TRAFFICKING

2 IN OR NEAR A SCHOOL OR OTHER PRO3 TECTED LOCATION.

4 Section 419 of the Controlled Substances Act (21

5 U.S.C. 860) is amended—

6 (1) in subsection (a), by striking ‘‘one year’’

7 and inserting ‘‘three years’’; and

8 (2) in subsection (b), by striking ‘‘three years’’

9 each time it appears and inserting ‘‘five years’’.

10 SEC. 2035. SERIOUS JUVENILE DRUG TRAFFICKING OF11 FENSES AS ARMED CAREER CRIMINAL ACT

12 PREDICATES.

13 Section 924(e)(2)(C) of title 18, United States Code,

14 is amended by inserting ‘‘or serious drug offense’’ after

15 ‘‘violent felony’’.

16 SEC. 2036. INCREASED PENALTIES FOR USING FEDERAL

17 PROPERTY TO GROW OR MANUFACTURE

18 CONTROLLED SUBSTANCES.

19 (a) Section 401(b)(5) of the Controlled Substances

20 Act (21 U.S.C. 841(b)(5)) is amended to read as follows:

21 ‘‘(5) Any person who violates subsection (a) of

22 this section by cultivating or manufacturing a con23 trolled substance on any property in whole or in part

24 owned by or leased to the United States or any de25 partment or agency thereof shall be subject to twice
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1 the maximum punishment otherwise authorized for

2 the offense.’’

3 (b) The United States Sentencing Commission shall

4 amend the sentencing guidelines pursuant to 28 U.S.C.

5 994 to insure that violations of section 401(b)(5) of the

6 Controlled Substances Act are punished substantially

7 more severely than if the violation had not occurred on

8 Federal property.

9 SEC. 2037. CLARIFICATION OF LENGTH OF SUPERVISED RE10 LEASE TERMS IN CONTROLLED SUBSTANCE

11 CASES.

12 Section 401(b)(1)(A), (B), (C), and (D) of the Con13 trolled Substances Act (21 U.S.C. 841(b)(1)(A), (B), (C),

14 and (D)) is amended by striking ‘‘Any sentence’’ each

15 place it appears and inserting ‘‘Notwithstanding section

16 3583 of title 18, any sentence’’.

17 SEC. 2038. TECHNICAL CORRECTION TO ENSURE COMPLI18 ANCE OF SENTENCING GUIDELINES WITH

19 PROVISIONS OF ALL FEDERAL STATUTES.

20 Section 994(a) of title 28, United States Code, is

21 amended by striking ‘‘consistent with all pertinent provi22 sions of this title and title 18, United States Code,’’ and

23 inserting ‘‘consistent with all pertinent provisions of any

24 Federal statute’’.
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1 SEC. 2039. EXCLUSION OF PERSONS WHO HAVE BENE2 FITTED FROM ILLICIT ACTIVITIES OF DRUG

3 TRAFFICKERS.

4 Section 212(a)(2)(C) of the Immigration and Nation5 ality Act of 1952, as amended (8 U.S.C.1182 (a)(2)(C)),

6 is amended to read as follows—

7 ‘‘(C) CONTROLLED SUBSTANCE TRAF8 FICKERS.—Any alien who the consular officer

9 or the Attorney General knows or has reason to

10 believe—

11 ‘‘(i) is or has been an illicit trafficker

12 in any controlled substance or in any listed

13 chemical or listed precursor chemical (as

14 defined in section 102 of the Controlled

15 Substances Act (21 U.S.C. 802)), or is or

16 has been a knowing assister, abettor, con17 spirator, or colluder with others in the il18 licit trafficking in any such controlled or

19 listed substance or chemical, or

20 ‘‘(ii) is the spouse, son or daughter of

21 an alien inadmissible under clause (i), has,

22 within the previous five years, obtained any

23 financial or other benefit from the illicit

24 activity of that alien, and knew or reason25 ably should have known that the financial
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1 or other benefit was the product of such il2 licit activity,

3 is inadmissible.’’

4 SEC. 2040. ENHANCING PROSECUTIONS IN INTERNATIONAL

5 DRUG AND MONEY LAUNDERING CASES.

6 Section 981 of title 18, United States Code, is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(k) REBUTTABLE PRESUMPTIONS.—

10 ‘‘(1) At the trial of an action brought pursuant

11 to subsection (a)(1)(B), there is a presumption, gov12 erned by Rule 301 of the Federal Rules of Evidence,

13 that the property is subject to forfeiture if the

14 United States establishes, by a preponderance of the

15 evidence, that such property was acquired during a

16 period of time when the person who acquired the

17 property was engaged in an offense against a foreign

18 nation described in subsection (a)(1)(B) or within a

19 reasonable time after such period, and there was no

20 likely source for such property other than such of21 fense.

22 ‘‘(2) At the trial of an action brought pursuant

23 to subsection (a)(1)(A), there is a presumption, gov24 erned by Rule 301 of the Federal Rules of Evidence,

25 that the property was involved in a violation of sec-
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1 tion 1956 or 1957 of this title if the United States

2 establishes, by a preponderance of the evidence, any

3 3 of the following factors:

4 ‘‘(A) the property constitutes or is trace5 able to more than $10,000 that has been or was

6 intended to be transported, transmitted or

7 transferred to or from a major drug-transit

8 country, a major illicit drug producing country,

9 or a major money laundering country, as those

10 terms are determined pursuant to sections

11 481(e) and 490(h) of the Foreign Assistance

12 Act of 1961 (22 U.S.C. 2291(e) and 2291j(h));

13 ‘‘(B) the transaction giving rise to the for14 feiture occurred in part in a foreign country

15 whose bank secrecy laws have rendered the

16 United States unable to obtain records relating

17 to the transaction by judicial process, treaty or

18 executive agreement;

19 ‘‘(C) a person more than minimally in20 volved in the transaction giving rise to the for21 feiture action (i) has been convicted in any

22 State, Federal, or foreign jurisdiction of a fel23 ony involving money laundering or the manu24 facture, importation, sale or distribution of a
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1 controlled substance, or (ii) is a fugitive from

2 prosecution for such offense; or

3 ‘‘(D) the transaction giving rise to the for4 feiture action was conducted by, to or through

5 a shell corporation not engaged in any legiti6 mate business activity in the United States.

7 ‘‘(3) For the purposes of this paragraph, ‘shell

8 corporation’ means any corporation that does not

9 conduct any ongoing and significant commercial or

10 manufacturing business or any other form of com11 mercial operation.

12 ‘‘(4) The enumeration of presumptions in this

13 subsection shall not preclude the development of

14 other judicially created presumptions.’’.

15 SEC. 2041. IMPORT AND EXPORT OF CHEMICALS USED TO

16 PRODUCE ILLICIT DRUGS.

17 (a) Section 1018 of the Controlled Substances Import

18 and Export Act (21 U.S.C. 971) is amended—

19 (1) by amending subsection (a) to read as fol20 lows:

21 ‘‘(a) Each person who proposes to engage in a trans22 action involving the importation or exportation of a listed

23 chemical which requires advance notification pursuant to

24 the regulations of the Attorney General or the importation

25 or exportation of a tableting machine or an encapsulating
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1 machine shall notify the Attorney General of the importa2 tion or exportation not later than 15 days before the

3 transaction is to take place in such form and supplying

4 such information as the Attorney General shall require by

5 regulation; in the case of an importation for transfer or

6 transshipment pursuant to section 1004 of this title, such

7 notice will be made as provided in that section.’’;

8 (2) in subsection (c)(1)—

9 (A) by striking the phrase ‘‘(other than a

10 regulated transaction to which the requirement

11 of subsection (a) of this section does not apply

12 by reason of subsection (b) of this section)’’;

13 (B) by inserting ‘‘, a tableting machine or

14 an encapsulating machine’’ after ‘‘a listed

15 chemical’’; and

16 (C) by inserting ‘‘, tableting machine, or

17 encapsulating machine’’ after ‘‘the chemical’’;

18 and

19 (3) in subsection (e)—

20 (A) by redesignating paragraphs (2) and

21 (3) as paragraphs (4) and (5);

22 (B) by inserting after paragraph (1) new

23 paragraphs (2) and (3) as follows:

24 ‘‘(2) The Attorney General may by regulation

25 require that the 15-day notification requirement of
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1 subsection (a) apply to all imports of a listed chem2 ical, regardless of the status of certain importers of

3 that listed chemical as regular importers, if the At4 torney General finds that such notification is nec5 essary to support effective chemical diversion control

6 programs or is required by treaty or other inter7 national agreement to which the United States is a

8 party.

9 ‘‘(3) The Attorney General may require that

10 the notification requirement of subsection (a) for

11 certain importations or exportations, including those

12 subject to section 1004 of this title, include addi13 tional information to enable a determination to be

14 made that the listed chemical being imported or ex15 ported will be used for a legitimate purpose or when

16 such information is needed to satisfy requirements

17 of the importing or exporting country. The Attorney

18 General will provide notice of these additional re19 quirements specifically identifying the listed chemi20 cals and countries involved.’’.

21 (b) Section 1004 of the Controlled Substances Import

22 and Export Act (21 U.S.C. 954) is amended to read as

23 follows:
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1 ‘‘§ 954. Transshipment and in-transit shipment of con2 trolled substances

3 ‘‘(a) Notwithstanding sections 952, 953, 957 and 971

4 of this title, except as provided below—

5 ‘‘(1) A controlled substance in schedule I may

6 be imported into the United States—

7 ‘‘(A) for transshipment to another country,

8 or

9 ‘‘(B) for transference or transshipment

10 from one vessel, vehicle, or aircraft to another

11 vessel, vehicle, or aircraft within the United

12 States for immediate exportation, if and only if

13 (i) evidence is furnished which enables the At14 torney General to determine that the substance

15 being so imported, transferred, or transshipped

16 will be used for scientific, medical, or other le17 gitimate purposes in the country of destination,

18 and (ii) it is so imported, transferred, or trans19 shipped with the prior written approval of the

20 Attorney General (which shall be granted or de21 nied within 21 days of the request) based on a

22 determination that the requirements of this sec23 tion and the applicable subsections of sections

24 952 and 953 have been satisfied.

25 ‘‘(2) A controlled substance in schedule II, III,

26 or IV or a listed chemical may be so imported,
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1 transferred, or transshipped if and only evidence is

2 furnished which enables the Attorney General to de3 termine that the substance or chemical being so im4 ported, transferred, or transshipped will be used for

5 scientific, medical, or other legitimate purposes in

6 the country of destination and (ii) advance notifica7 tion is given to the Attorney General not later than

8 15 days prior to the exportation of the substance or

9 chemical from the foreign port of embarkation (the

10 notification period for imports other than for trans11 fer or transshipment pursuant to section 1002 or

12 1018 of this title is not affected by this subsection).

13 Such notification shall be in such form and contain

14 such information as the Attorney General may re15 quire by regulation.

16 ‘‘(b)(1) Any such importation, transfer or

17 transhipment of a controlled substance shall be subject to

18 the applicable subsections of sections 1002 and 1003 of

19 this title. The importation, transfer, transshipment or ex20 portation of any controlled substance may be suspended

21 on the ground that the controlled substance may be di22 verted to other than scientific, medical or other legitimate

23 purposes.

24 ‘‘(2) Any such importation, transfer or transhipment

25 of a listed chemical shall be subject to all the requirements
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1 of section 1018 of this title, except that in no case shall

2 the 15-day advance notification requirement be waived.

3 The importation, transfer, transhipment or exportation of

4 a listed chemical may be suspended on the ground that

5 the chemical may be diverted to the clandestine manufac6 ture of a controlled substance.

7 ‘‘(3) Any such importation, transfer or transshipment

8 of a controlled substance or listed chemical may be sus9 pended if any requirement of subsection (a) is not satis10 fied. The Attorney General may withdraw a suspension

11 order issued under this paragraph if (A) the requirements

12 of subsection (a) are ultimately satisfied and (B) no

13 grounds exist under paragraphs (1) or (2) of this sub14 section to suspend the shipment.

15 ‘‘(c) The suspension of any exportation of a con16 trolled substance or listed chemical will be subject to the

17 procedures and requirements established in section

18 1018(c) of this title.

19 ‘‘(d) Any shipment of a controlled substance or listed

20 chemical which has been imported or is subject to the ju21 risdiction of the United States whose importation, trans22 fer, transshipment or exportation has been suspended

23 may, in the discretion of the Attorney General, be placed

24 under seal. No disposition may be made of any such con25 trolled substance or listed chemical until the suspension
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1 order becomes final. However, a court, upon application

2 therefor, may at any time order the sale of a perishable

3 controlled substance or listed chemical. Any such order

4 shall require the deposit of the proceeds of the sale with

5 the court. Upon a suspension order becoming final, the

6 shipment may be disposed of as follows, at the discretion

7 of the Attorney General and subject to such conditions as

8 the Attorney General may impose:

9 ‘‘(1) The title holder may be allowed to return

10 the shipment to any of the original exporter’s facili11 ties in the country of exportation;

12 ‘‘(2) The shipment may be exported, subject to

13 the requirements of section 1003 or 1018 of this

14 title, as appropriate, to a new consignee;

15 ‘‘(3) The shipment may be surrendered to the

16 Attorney General for appropriate disposition; all

17 costs associated with this disposition will be the re18 sponsibility of the title holder, however if there are

19 any proceeds from the disposition, these will be ap20 plied to the repayment of the costs and any excess

21 proceeds will be returned to the titleholder;

22 ‘‘(4) If sufficient cause exists, the shipment of

23 controlled substances or listed chemicals (or pro24 ceeds of sale deposited in court) may be forfeited to

25 the United States pursuant to section 511 of title II
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1 and may be disposed of in accordance with that sec2 tion.

3 ‘‘(e) Nothing in this section may be used by any party

4 to defend against a forfeiture action against a shipment

5 of controlled substances or listed chemicals initiated by the

6 United States or by any state. This section does not affect

7 the liability of any party for storage and transportation

8 costs incurred by the Government as a result of the sus9 pension of a shipment.’’.

10 (c) Section 1010(d) of the Controlled Substances Im11 port and Export Act (21 U.S.C. 960(d)) is amended—

12 (1) by redesignating paragraphs (5), (6) and

13 (7) as paragraphs (6), (7) and (8);

14 (2) in the redesignated paragraph (6), by strik15 ing ‘‘1018(e)(2) or (3)’’ and inserting ‘‘1018(e)(4)

16 or (5)’’;

17 (3) in the redesignated paragraph (7), by in18 serting ‘‘or violates section 1004 of this title,’’ after

19 ‘‘1007 or 1018 of this title’’; and

20 (4) by inserting after paragraph (4) a new

21 paragraph (5) as follows:

22 ‘‘(5) imports or exports a listed chemical, with

23 the intent to evade the reporting or recordkeeping

24 requirements of section 1018 applicable to such im25 portation or exportation by falsely representing to
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1 the Attorney General that the importation or expor2 tation is not subject to the 15-day advance notifica3 tion required by section 1018(a) or to any reporting

4 requirements established by the Attorney General

5 pursuant to section 1018(e) (1), (2) or (3) by mis6 representing the actual country of final destination

7 of the listed chemical, or the actual listed chemical

8 being imported or exported; or’’.

9 (d) Section 1011 of the Controlled Substances Import

10 and Export Act (21 U.S.C. 961) is amended to read as

11 follows:

12 ‘‘§ 1011. Injunctions

13 ‘‘In addition to any other applicable penalty, any per14 son convicted of a felony violation of this title or title II

15 relating to the receipt, distribution, manufacture, importa16 tion or exportation of a listed chemical may be enjoined

17 from engaging in any transaction involving a listed chem18 ical for not more than ten years.’’.

19 SEC. 2042. AMENDMENTS TO DRIVE-BY SHOOTING

20 STATUTE.

21 (a) Section 36 of title 18, United States Code, is

22 amended—

23 (1) by amending the title to read ‘‘Shooting

24 into a group in furtherance of a major drug of25 fense’’;
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1 (2) in subsection (a)(1), by striking ‘‘punishable

2 under section 408(c) of the Controlled Substances

3 Act (21 U.S.C. 848(c))’’ and inserting ‘‘punishable

4 under section 408(a) of the Controlled Substances

5 Act (21 U.S.C. 848(a))’’;

6 (3) by adding ‘‘or’’ at the end of subsection

7 (a)(1);

8 (4) by striking paragraphs (2) and (3) of sub9 section (a) and inserting the following:

10 ‘‘(2) an offense punishable under section

11 401(b)(1)(A) of the Controlled Substances Act (21

12 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the

13 Controlled Substances Import and Export Act (21

14 U.S.C. 960(b)(1)) or a conspiracy or attempt to

15 commit such an offense.’’; and

16 (5) in paragraphs (1) and (2) of subsection (b),

17 by striking ‘‘with the intent to intimidate,’’ and in18 serting ‘‘with the intent to kill, intimidate,’’.

19 (b) The table of sections for chapter 2 of title 18,

20 United States Code, is amended by striking ‘‘Drive-by

21 shooting’’ and inserting ‘‘Shooting into a group in further22 ance of a major drug offense’’.
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1 Subtitle C—Anti-drug and Orga2 nized Crime Money Laundering

3 Act

4 SEC. 2051. ILLEGAL MONEY TRANSMITTING BUSINESSES.

5 (a) SCIENTER REQUIREMENT FOR SECTION 1960

6 VIOLATION.—Section 1960 of title 18, United States

7 Code, is amended by adding at the end the following:

8 ‘‘(c) For the purposes of proving a violation of this

9 section involving an illegal money transmitting business

10 as defined in subsection (b)(1)(A) or (B), it shall be suffi11 cient for the Government to prove that the defendant knew

12 that the money transmitting business lacked a license re13 quired by State law (in the case of subsection (b)(1)(A)

14 or, had failed to comply with the money transmitting busi15 ness registration requirements of 31 U.S.C. 5330 or the

16 regulations thereunder, in the case of subsection

17 (b)(1)(B)). It shall not be necessary to show that the de18 fendant knew that the operation of such a business with19 out the required license or registration was an offense

20 punishable as a felony or misdemeanor.’’.

21 (b) SEIZURE OF ILLEGALLY TRANSMITTED

22 FUNDS.—Section 981(a)(1)(A) of title 18, United States

23 Code, is amended by striking ‘‘or 1957’’ and inserting A,

24 1957 or 1960’’.
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1 SEC. 2052. RESTRAINT OF ASSETS OF PERSONS ARRESTED

2 ABROAD.

3 Section 981(b) of title 18, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(3) If any person is arrested or charged in a

6 foreign country in connection with an offense that

7 would give rise to the forfeiture of property in the

8 United States under this section or under the Con9 trolled Substances Act, the Attorney General may

10 apply to any Federal judge or magistrate judge in

11 the district where the property is located for an ex

12 parte order restraining the property subject to for13 feiture for not more than 30 days, except that the

14 time may be extended for good cause shown at a

15 hearing conducted in the manner provided in rule

16 43(e) of the Federal Rules of Civil Procedure. The

17 application for the restraining order shall set forth

18 the nature and circumstances of the foreign charges

19 and the basis for belief that the person arrested or

20 charged has property in the United States that

21 would be subject to forfeiture, and shall contain a

22 statement that the restraining order is needed to

23 preserve the availability of property for such time as

24 is necessary to receive evidence from the foreign

25 country or elsewhere in support of probable cause
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1 for the seizure of the property under this sub2 section.’’.

3 SEC. 2053. LONG-ARM JURISDICTION OVER FOREIGN

4 MONEY LAUNDERERS.

5 Section 1956(b) of title 18, United States Code, is

6 amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

8 (2) by redesignating present paragraphs (1)

9 and (2) as subparagraphs (A) and (B), respectively;

10 (3) by inserting A, or section 1957’’ after ‘‘or

11 (a)(3)’’; and (4) by adding at the end the following:

12 ‘‘(2) For purposes of adjudicating an action

13 filed or enforcing a penalty ordered under this sec14 tion, the district courts shall have jurisdiction over

15 any foreign person, including any financial institu16 tion authorized under the laws of a foreign country,

17 that commits an offense under subsection (a) involv18 ing a financial transaction that occurs in whole or

19 in part in the United States, if service of process

20 upon such foreign person is made under the Federal

21 Rules of Civil Procedure or the laws of the country

22 where the foreign person is found.

23 ‘‘(3) The court may issue a pretrial restraining

24 order or take any other action necessary to ensure

25 that any bank account or other property held by the
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1 defendant in the United States is available to satisfy

2 a judgment under this section.’’.

3 SEC. 2054. LAUNDERING MONEY THROUGH A FOREIGN

4 BANK.

5 Section 1956(c)(6) of title 18, United States Code,

6 is amended to read as follows:

7 ‘‘(6) the term ’financial institution’ includes any

8 financial institution described in section 5312(a)(2)

9 of title 31, United States Code, or the regulations

10 promulgated thereunder, as well as any foreign

11 bank, as defined in paragraph (7) of section 1(b) of

12 the International Banking Act of 1978 (12 U.S.C.

13 3101(7)).’’.

14 SEC. 2055. SPECIFIED UNLAWFUL ACTIVITY FOR MONEY

15 LAUNDERING.

16 (a) IN GENERAL.—Section 1956(c)(7) of title 18,

17 United States Code, is amended—

18 (1) in subparagraph (B)—

19 (A) so that clause (ii) reads as follows:

20 ‘‘(ii) any act or acts constituting a

21 crime of violence;’’; and

22 (B) by inserting after clause (iii) the fol23 lowing:

24 ‘‘(iv) fraud or any scheme to defraud

25 committed against a foreign individual or
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1 entity, an individual residing in a foreign

2 country, a foreign government, or foreign

3 governmental entity;

4 ‘‘(v) bribery of a public official, or the

5 misappropriation, theft, or embezzlement

6 of public funds by or for the benefit of a

7 public official;

8 ‘‘(vi) smuggling or export control vio9 lations involving munitions listed in the

10 United States Munitions List or tech11 nologies with military applications as de12 fined in the Commerce Control List of the

13 Export Administration Regulations; or

14 ‘‘(vii) an offense with respect to which

15 the United States would be obligated by a

16 multilateral treaty either to extradite the

17 alleged offender or to submit the case for

18 prosecution, if the offender were found

19 within the territory of the United States.’’;

20 and

21 (2) in subparagraph (D)—

22 (A) by inserting ‘‘section 541 (relating to

23 goods falsely classified),’’ before ‘‘section 542’’;

24 (B) by inserting ‘‘section 922(1) (relating

25 to the unlawful importation of firearms), sec-
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1 tion 924(m) (relating to firearms trafficking),’’

2 before ‘‘section 956’’;

3 (C) by inserting ‘‘section 1030 (relating to

4 computer fraud and abuse),’’ before ‘‘1032’’;

5 and

6 (D) by inserting ‘‘any felony violation of

7 the Foreign Agents Registration Act of 1938,

8 as amended,’’ before ‘‘or any felony violation of

9 the Foreign Corrupt Practices Act’’.

10 (3) in paragraph (E), by inserting ‘‘the Clean

11 Air Act (42 U.S.C. 7401 et seq.),’’ after ‘‘the Safe

12 Drinking Water Act (42 U.S.C. 300f et seq.),’’.

13 SEC. 2056. CRIMINAL FORFEITURE FOR MONEY LAUN14 DERING CONSPIRACIES.

15 Section 982(a)(1) of title 18, United States Code, is

16 amended by inserting A, or a conspiracy to commit any

17 such offense’’ after ‘‘of this title’’.

18 SEC. 2057. SUBPOENAS FOR BANK RECORDS.

19 Section 986 of title 18, United States Code, is

20 amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘section 1956, 1957, or

23 1960 of this title, section 5322 or 5324 of title

24 31, United States Code’’ and inserting ‘‘section

25 981 or 982 of this title’’;
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1 (B) by inserting ‘‘before or’’ before

2 ‘‘after’’;

3 (C) by striking ‘‘in rem’’; and

4 (D) by striking the last sentence; and

5 (2) in subsection (c), by inserting ‘‘or the Fed6 eral Rules of Criminal Procedure’’ after ‘‘Proce7 dure’’.

8 SEC. 2058. CHARGING MONEY LAUNDERING AS A COURSE

9 OF CONDUCT.

10 Section 1956(h) of title 18, United States Code, is

11 amended—

12 (1) by inserting ‘‘(1)’’ before ‘‘Any person’’;

13 and

14 (2) by adding at the end the following:

15 ‘‘(2) Any person who commits multiple violations of

16 this section or Section 1957 that are part of the same

17 scheme or continuing course of conduct may be charged,

18 at the election of the Government, in a single count in

19 an indictment or information.’’.

20 SEC. 2059. VENUE IN MONEY LAUNDERING CASES.

21 Section 1956 of title 18, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(i) VENUE.—(1) Except as provided in paragraph

24 (2), a prosecution for an offense under this section or sec25 tion 1957 may be brought in—
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1 ‘‘(A) any district in which the financial or mon2 etary transaction is conducted, or

3 ‘‘(B) any district where a prosecution for the

4 underlying specified unlawful activity could be

5 brought, if the defendant participated in the transfer

6 of the proceeds of the specified unlawful activity

7 from that district to the district where the financial

8 or monetary transaction is conducted.

9 ‘‘(2) A prosecution for an attempt or conspiracy of10 fense under this section or section 1957 may be brought

11 in the district where venue would lie for the completed of12 fense under paragraph (1), or in any other district where

13 an act in furtherance of the attempt or conspiracy took

14 place.’’.

15 SEC. 2060. TECHNICAL AMENDMENT TO RESTORE WIRETAP

16 AUTHORITY FOR CERTAIN MONEY LAUN17 DERING OFFENSES.

18 Section 2516(1)(g) of title 18, United States Code,

19 is amended by striking ‘‘a violation of section 5322 of title

20 31, United States Code (dealing with the reporting of cur21 rency transactions)’’ and inserting ‘‘a violation of section

22 5322 or 5324 of title 31, United States Code (dealing with

23 the reporting and illegal structuring of currency trans24 actions)’’.
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1 SEC. 2061. KNOWLEDGE THAT THE PROPERTY IS THE PRO2 CEEDS OF A FELONY.

3 Section 1956(c)(1) of title 18, United States Code,

4 is amended by inserting ‘‘, and regardless of whether or

5 not the person knew that the activity constituted a felony’’

6 before the semicolon at the end.

7 SEC. 2062. MONEY PURCHASED ON THE BLACK MARKET.

8 (a) IN GENERAL.—B Section 981(a) of title 18,

9 United States Code, is amended by adding at the end the

10 following:

11 ‘‘(3) A person asserting an innocent owner de12 fense under paragraph (2), or any other provision of

13 law, in currency, monetary instruments or funds

14 purchased from a money broker must be a bona fide

15 purchaser for value without reason to know that the

16 currency, monetary instruments or funds were sub17 ject to forfeiture, and must establish that such per18 son took all reasonable affirmative steps to deter19 mine the source of the currency, monetary instru20 ments or funds, or to verify that the currency, mone21 tary instruments or funds were not derived from ille22 gal activity.

23 ‘‘(4) For purposes of paragraph (3)—

24 ‘‘(A) the term ‘money broker’ means any

25 person who sells or exchanges currency, mone26 tary instruments or funds, either in the United
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1 States or in a foreign country, either independ2 ently, or through any parallel market, black

3 market, casa de cambio, or other currency ex4 change business; and

5 ‘‘(B) what constitutes ‘all reasonable af6 firmative steps’ depends on the facts and cir7 cumstances surrounding the transaction, but if

8 the money broker is a financial institution, as

9 defined in section 20 of this title, the purchaser

10 takes ‘all reasonable affirmative steps’ if the

11 purchaser conducts the transaction at the fi12 nancial institution during normal business

13 hours in an arms-length transaction and has no

14 reason to know that the currency, monetary in15 struments, or funds were derived from or used

16 to commit any unlawful activity.’’.

17 (b) APPLICATION.—The amendments made by this

18 section shall apply to any case pending on the effective

19 date of this Act.

20 SEC. 2063. MONEY LAUNDERING TRANSACTIONS; COMMIN21 GLED ACCOUNTS.

22 (a) SECTION 1956.—Section 1956 of title 18, United

23 States Code, is amended by adding at the end the fol24 lowing:
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1 ‘‘(j) A transaction, transportation, transmission, or

2 transfer of funds shall be considered for the purposes of

3 this section to be one involving the proceeds of specified

4 unlawful activity, or property represented to be the pro5 ceeds of specified unlawful activity, if the transaction,

6 transportation, transmission, or transfer involves—

7 ‘‘(1) funds directly traceable to the specified

8 unlawful activity, or represented to be directly trace9 able to the specified unlawful activity;

10 ‘‘(2) a bank account in which the proceeds of

11 specified unlawful activity, or property represented

12 to be the proceeds of specified unlawful activity,

13 have been commingled with other funds; or

14 ‘‘(3) 2 or more bank accounts, where the pro15 ceeds of specified unlawful activity, or property rep16 resented to be the proceeds of specified unlawful ac17 tivity, are deposited into 1 bank account and there

18 is a contemporaneous, related withdrawal from, or

19 debit to, another bank account controlled by the

20 same person, or by a person acting in concert with

21 that person.’’.

22 (b) SECTION 1957.—Section 1957(f) of title 18,

23 United States Code, is amended by inserting after para24 graph (3) the following:
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1 ‘‘(4) the term ‘monetary transaction in crimi2 nally derived property that is of a value greater than

3 $10,000’ includes—

4 ‘‘(A) a monetary transaction involving the

5 transfer, withdrawal, encumbrance or other dis6 position of more than $10,000 from a bank ac7 count in which more than $10,000 in proceeds

8 of specified unlawful activity have been commin9 gled with other funds;

10 ‘‘(B) a series of monetary transactions in

11 amounts under $10,000 that exceed $10,000 in

12 the aggregate and that are closely related to

13 each other in terms of time, the identity of the

14 parties involved, the nature of the transactions

15 and the manner in which they are conducted;

16 and

17 ‘‘(C) any financial transaction described in

18 Section 1956(j)(3) that involves more than

19 $10,000 in proceeds of specified unlawful activ20 ity.’’.

21 (c) TECHNICAL AMENDMENT.—Section

22 1956(c)(7)(F) of title 18, United States Code, is amended

23 by inserting ‘‘, as defined in section 24’’ before the period.
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1 SEC. 2064. DISCOVERY PROCEDURE FOR LOCATING

2 LAUNDERED MONEY.

3 Section 413(m) of the Controlled Substances Act (21

4 U.S.C. 853(m)) is amended by inserting before the period

5 at the end the following: ‘‘to the extent that the provisions

6 of the Rule are consistent with the purposes for which dis7 covery is conducted under this subsection. Because this

8 subsection applies only to matters occurring after the de9 fendant has been convicted and the property of the defend10 ant has been declared forfeited, the provisions of rule 15

11 requiring the consent of the defendant and the presence

12 of the defendant at the deposition shall not apply’’.

13 SEC. 2065. REPATRIATION OF PROPERTY PLACED BEYOND

14 THE JURISDICTION OF THE COURT.

15 (a) CRIMINAL FORFEITURE.—Section 413(p) of the

16 Controlled Substances Act (21 U.S.C. 853(p)) is amended

17 by adding at the end the following: ‘‘In the case of prop18 erty described in paragraph (3), the court may, in addi19 tion, order the defendant to return the property to the

20 jurisdiction of the court so that it may be seized and for21 feited.’’.

22 (b) PRE-TRIAL RESTRAINING ORDER.—Section

23 413(e) of the Controlled Substances Act (21 U.S.C.

24 853(e)) is amended by adding at the end the following:

25 ‘‘(4) Pursuant to its authority to enter a pre26 trial restraining order under this section, including
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1 its authority to restrain any property forfeitable as

2 substitute assets, the court may also order the de3 fendant to repatriate any property subject to for4 feiture pending trial, and to deposit that property in

5 the registry of the court, or with the United States

6 Marshals Service or the Secretary of the Treasury,

7 in an interest-bearing account. Failure to comply

8 with an order under this subsection, or an order to

9 repatriate property under subsection (p), shall be

10 punishable as a civil or criminal contempt of court,

11 and may also result in an enhancement of the sen12 tence for the offense giving rise to the forfeiture

13 under the obstruction of justice provision of section

14 3C1.1 of the Federal Sentencing Guidelines.’’.

15 SEC. 2066. LAUNDERING THE PROCEEDS OF TERRORISM.

16 Section 1956(c)(7)(D) of title 18, United States

17 Code, is amended by inserting ‘‘or 2339B’’ after ‘‘2339A’’.

18 SEC. 2067. BULK CASH SMUGGLING.

19 (a) PURPOSE.—It is the purpose of this section to

20 authorize forfeiture of any cash or instruments whose

21 movements are not reported under the terms of the Bank

22 Secrecy Act and its implementing regulations, to empha23 size the seriousness of the act of such non-reporting, and

24 to prescribe guidelines for determining the amount of

25 property subject to such forfeiture in various situations.
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1 (b) ENACTMENT OF BULK CASH SMUGGLING OF2 FENSE.—Chapter 53 of title 31, United States Code, is

3 amended by adding at the end the following:

4 ‘‘§ 5331. Bulk cash smuggling

5 ‘‘(a) CRIMINAL OFFENSE.—Whoever, with the intent

6 to evade a currency reporting requirement under section

7 5316, knowingly conceals more than $10,000 in currency

8 or other monetary instruments on his person or in any

9 conveyance, article of luggage, merchandise, or other con10 tainer, and transports or transfers or attempts to trans11 port or transfer such currency or monetary instruments

12 from a place within the United States to a place outside

13 of the United States, or from a place outside the United

14 States to a place within the United States, shall be guilty

15 of a currency smuggling offense and subject to punish16 ment pursuant to subsection (b). For purposes of this sec17 tion, ‘monetary instruments’ has the meaning set forth in

18 this chapter and the regulations promulgated thereunder.

19 ‘‘(b) PENALTY.—A person convicted of a currency

20 smuggling offense under subsection (a), or a conspiracy

21 to commit such offense, shall be imprisoned for not more

22 than 5 years. In addition, the court, in imposing sentence,

23 shall order that the defendant forfeit to the United States,

24 any property, real or personal, involved in the offense, and

25 any property traceable to such property, subject to sub-
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1 section (d) of this section. The forfeiture of property under

2 this section shall be governed by section 413 of the Con3 trolled Substances Act (21 U.S.C. § 853). If the property

4 subject to forfeiture is unavailable, and the defendant has

5 no substitute property that may be forfeited pursuant to

6 section 413(p) of the Controlled Substances Act (21

7 U.S.C. 853(p)), the court shall enter a personal money

8 judgment against the defendant for the amount that would

9 be subject to forfeiture.

10 ‘‘(c) SEIZURE OF SMUGGLING CASH.—Any property

11 involved in a violation of subsection (a), or a conspiracy

12 to commit such violation, and any property traceable

13 thereto, may be seized and, subject to subsection (d) of

14 this section, forfeited to the United States. The seizure

15 and forfeiture shall be governed by the procedures gov16 erning civil forfeitures in money laundering cases pursuant

17 to section 981(a)(1)(A) of title 18. For purposes of this

18 subsection and subsection (b), any currency or other mon19 etary instrument that is concealed or intended to be con20 cealed in violation of subsection (a) or a conspiracy to

21 commit such violation, any article, container or conveyance

22 used or intended to be used to conceal or transport the

23 currency or other monetary instrument, and any other

24 property used or intended to be used to facilitate the of25 fense, shall be considered property involved in the offense.
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1 ‘‘(d) PROPORTIONALITY OF FORFEITURE.—Upon a

2 showing by the property owner by a preponderance of the

3 evidence that the currency or monetary instruments in4 volved in the offense giving rise to the forfeiture were de5 rived from a legitimate source, and were intended for a

6 lawful purpose, the court shall reduce the forfeiture to the

7 maximum amount that is not grossly disproportional to

8 the gravity of the offense. In determining the amount of

9 the forfeiture, the court shall consider all aggravating and

10 mitigating facts and circumstances that have a bearing on

11 the gravity of the offense. Such circumstances include, but

12 are not limited to, the following: the value of the currency

13 or other monetary instruments involved in the offense; ef14 forts by the person committing the offense to structure

15 currency transactions, conceal property, or otherwise ob16 struct justice; and whether the offense is part of a pattern

17 of repeated violations of this section or any other currency

18 reporting money laundering offense.’’.

19 (c) CHAPTER ANALYSIS.—The chapter analysis for

20 chapter 53 of title 31, United States Code, is amended

21 by inserting at the end the following:

‘‘Sec. 5331. Bulk Cash Smuggling.’’.

22 (d) CURRENCY REPORTING VIOLATIONS.—Section

23 5317(c) of title 31, United States Code, is amended to

24 read as follows:
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1 ‘‘(c)(1) The court in imposing sentence for any viola2 tion of section 5313, 5316, or 5324, or any conspiracy

3 to commit such violation, shall order the defendant to for4 feit all property, real or personal, involved in the offense

5 and any property traceable thereto. Forfeitures under this

6 paragraph shall be governed by the procedures set forth

7 in Section 413 of the Controlled Substances Act (21

8 U.S.C. § 853), and the guidelines set forth in paragraph

9 (3).

10 ‘‘(2) Any property involved in a violation of section

11 5313, 5316, or 5324, or any conspiracy to commit such

12 violation, and any property traceable thereto, may be

13 seized and, subject to subsection (c)(3) of this section, for14 feited to the United States in accordance with the proce15 dures governing civil forfeitures in money laundering cases

16 pursuant to section 981(a)(1)(A) of title 18.

17 ‘‘(3) Upon a showing by the property owner by a pre18 ponderance of the evidence that any currency or monetary

19 instruments involved in the offense giving rise to the for20 feiture were derived from a legitimate source, and were

21 intended for a lawful purpose, the court shall reduce the

22 forfeiture to the maximum amount that is not grossly dis23 proportional to the gravity of the offense. In determining

24 the amount of the forfeiture, the court shall consider all

25 aggravating and mitigating facts and circumstances that
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1 have a bearing on the gravity of the offense. Such cir2 cumstances include, but are not limited to, the following:

3 the value of the currency or other monetary instruments

4 involved in the offense; efforts by the person committing

5 the offense to structure currency transactions, conceal

6 property, or otherwise obstruct justice; and whether the

7 offense is part of a pattern of repeated violations.’’.

8 (e) CONFORMING AMENDMENTS.—(1) Section

9 981(a)(1)(A) of title 18, United States Code, is amended

10 by striking ‘‘of section 5313(a) or 5324(a) of title 31, or’’;

11 (2) Section 982(a)(1) of title 18, United States Code,

12 is amended by striking ‘‘of 5313(a), 5316, or 5324 of title

13 31, or’’.

14 SEC. 2068. CURRENCY COURIERS.

15 Section 1957 of title 18, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(g) Any person who conceals more than $10,000 in

19 currency in any vehicle, or in any compartment or con20 tainer within any vehicle, and transports, attempts to

21 transport, or conspires to transport such currency in inter22 state commerce on any public road or highway, knowing

23 that the currency was derived from some form of unlawful

24 activity, or knowing that the currency was intended to be

25 used to promote some form of unlawful activity, shall be
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1 punished as provided in subsection (b). The defendant’s

2 knowledge may be established by proof that the defendant

3 was willfully blind to the source or intended use of the

4 currency.’’.

5 SEC. 2069. VIOLATIONS OF SECTION 6050I.

6 Sections 981(a)(1)(A) and 982(a)(1) of title 18,

7 United States Code, are amended by inserting ‘‘, or of sec8 tion 6050I of the Internal Revenue Code of 1986 (26

9 U.S.C. § 6050I)’’ after ‘‘of title 31’’.

10 SEC. 2070. PROCEEDS OF FOREIGN CRIMES.

11 Section 981(a)(1)(B) of title 18, United States Code,

12 is amended to read as follows:

13 ‘‘(B) Any property, real or personal, within

14 the jurisdiction of the United States, consti15 tuting, derived from, or traceable to, any pro16 ceeds obtained directly or indirectly from an of17 fense against a foreign nation involving (i) the

18 manufacture, importation, sale, or distribution

19 of a controlled substance (as such term is de20 fined for the purposes of the Controlled Sub21 stances Act) or (ii) any other conduct described

22 in section 1956(c)(7)(B), within whose jurisdic23 tion such offense would be punishable by death

24 or imprisonment for a term exceeding one year

25 and which would be punishable under the laws
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1 of the United States by imprisonment for a

2 term exceeding one year if such act or activity

3 constituting the offense against the foreign na4 tion had occurred within the jurisdiction of the

5 United States, or any property used to facilitate

6 such offense.’’.

7 SEC. 2071. AUTHORIZATION TO SHARE RECOVERED PROP8 ERTY WITH COOPERATING FOREIGN GOV9 ERNMENTS.

10 (a) IN GENERAL.—Section 981(i)(1) of title 18,

11 United States Code, is amended by striking ‘‘this chapter’’

12 and inserting ‘‘any provision of Federal law’’.

13 (b) CONFORMING AMENDMENT.—Section 511(e)(1)

14 of the Controlled Substances Act (21 U.S.C. 881(e)(1))

15 is amended by—

16 (1) inserting ‘‘or’’ at the end of subparagraph

17 (C);

18 (2) striking ‘‘; or’’ at the end of subparagraph

19 (D) and inserting a period; and (3) striking sub20 paragraph (E).

21 SEC. 2072. IN PERSONAM JUDGMENTS.

22 Section 1963(l)(1) of title 18, United States Code,

23 and section 413(n)(1) of the Controlled Substances Act

24 (21 U.S.C. 853(n)(1)) are each amended by adding the

25 following sentence at the end: ‘‘To the extent that the
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1 order of forfeiture includes only an in personam money

2 judgment against the defendant, no proceeding under this

3 subsection shall be necessary.’’.

4 SEC. 2073. CRIMINAL FORFEITURE OF PROPERTY IN GOV5 ERNMENT CUSTODY.

6 Section 413(f) of the Controlled Substances Act (21

7 U.S.C. 853(f)) is amended to read, as follows:

8 ‘‘(f) Property subject to forfeiture under this section

9 may be seized pursuant to section 981(b) of title 18,

10 United States Code. If property subject to criminal for11 feiture under this section is already in the custody of the

12 United States or any agency thereof, it shall not be nec13 essary to seize or restrain the property for the purpose

14 of criminal forfeiture.’’.

15 SEC. 2074. RESTRAINT OF PROPERTY SUBJECT TO CRIMI16 NAL FORFEITURE.

17 Section 413(e)(1) of the Controlled Substances Act

18 (21 U.S.C. 853(e)(1)) is amended by striking ‘‘(a)’’ and

19 inserting ‘‘(a) or (p)’’.

20 SEC. 2075. INCLUDING AGENCIES OF TRIBAL GOVERN21 MENTS IN THE DEFINITION OF A FINANCIAL

22 INSTITUTION.

23 Section 5312(a)(2)(W) of title 31, United States

24 Code, is amended by striking ‘‘State or local’’ and insert25 ing ‘‘State, local or tribal’’.
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1 SEC. 2076. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC

2 TARGETING ORDERS AND CERTAIN RECORD3 KEEPING REQUIREMENTS.

4 (a) CIVIL PENALTY FOR VIOLATION OF TARGETING

5 ORDER.—Section 5321(a)(1) of title 31, United States

6 Code, is amended—

7 (1) by inserting ‘‘or order issued’’ after ‘‘sub8 chapter or a regulation prescribed’’; and

9 (2) by inserting A, or willfully violating a regu10 lation prescribed under section 21 of the Federal

11 Deposit Insurance Act or section 123 of Public Law

12 91–508,’’ after ‘‘section 5314 and 5315)’’.

13 (b) CRIMINAL PENALTIES FOR VIOLATION OF TAR14 GETING ORDER.—Section 5322 of title 31, United States

15 Code, is amended—

16 (1) in subsection (a)—

17 (A) by inserting ‘‘or order issued’’ after

18 ‘‘willfully violating this subchapter or a regula19 tion prescribed’’; and

20 (B) by inserting ‘‘or willfully violating a

21 regulation prescribed under section 21 of the

22 Federal Deposit Insurance Act or section 123

23 of Public Law 91–508,’’ after ‘‘under section

24 5315 or 5324),’’;

25 (2) in subsection (b)—
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1 (A) by inserting ‘‘or order issued’’ after

2 ‘‘willfully violating this subchapter or a regula3 tion prescribed’’; and

4 (B) by inserting ‘‘willfully violating a regu5 lation prescribed under section 21 of the Fed6 eral Deposit Insurance Act or section 123 of

7 Public Law 91–508,’’ after ‘‘under section 5315

8 or 5324),’’;

9 (c) STRUCTURING TRANSACTIONS TO EVADE TAR10 GETING ORDER OR CERTAIN RECORDKEEPING REQUIRE11 MENTS.—Section 5324 of title 31, United States Code, is

12 amended—

13 (1) in the title by inserting ‘‘or recordkeeping’’

14 after ‘‘reporting’’.

15 (2) in subsection (a)—

16 (A) by inserting a comma after ‘‘shall’’;

17 (B) by striking ‘‘section—’’ and inserting

18 ‘‘section, the reporting or recordkeeping re19 quirements imposed by any order issued under

20 section 5326, or the recordkeeping requirements

21 imposed by any regulation prescribed under sec22 tion 21 of the Federal Deposit Insurance Act or

23 section 123 of Public Law 91–508—’’;

24 (C) in paragraphs (1) and (2), by inserting

25 ‘‘, to file a report or maintain a record required
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1 by any order issued under section 5326, or to

2 maintain a record required pursuant to any reg3 ulation prescribed under section 21 of the Fed4 eral Deposit Insurance Act or section 123 of

5 Public Law 91–508’’ after ‘‘regulation pre6 scribed under any such section’’ each place that

7 term appears.

8 (d) INCREASE IN CIVIL PENALTIES FOR VIOLATION

9 OF CERTAIN RECORDKEEPING REQUIREMENTS.—

10 (1) FEDERAL DEPOSIT INSURANCE ACT.—Sec11 tion 21(j)(1) of the Federal Deposit Insurance Act

12 (12 U.S.C. 1829b(j)(1)) is amended by striking

13 ‘‘$10,000’’ and inserting ‘‘the greater of—

14 ‘‘(A) the amount (not to exceed $100,000)

15 involved in the transaction (if any) with respect

16 to which the violation occurred; or

17 ‘‘(B) $25,000’’.

18 (2) PUBLIC LAW 91–508.—Section 125(a) of

19 Public Law 91–508 (12 U.S.C. 1955(a)) is amended

20 by striking ‘‘$10,000’’ and inserting ‘‘the greater

21 of—

22 ‘‘(1) the amount (not to exceed $100,000) in23 volved in the transaction (if any) with respect to

24 which the violation occurred; or

25 ‘‘(2) $25,000.’’.
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1 (e) CRIMINAL PENALTIES FOR VIOLATION OF CER2 TAIN RECORDKEEPING REQUIREMENTS.—

3 (1) SECTION 126.—Section 126 of Public Law

4 91–508 (12 U.S.C. 1956) is amended to read as fol5 lows:

6 ‘‘SEC. 126. CRIMINAL PENALTY.

7 ‘‘A person that willfully violates this chapter, section

8 21 of the Federal Deposit Insurance Act, or a regulation

9 prescribed under this chapter or that section 21, shall be

10 fined not more than $250,000, or imprisoned for not more

11 than 5 years, or both.’’.

12 (2) SECTION 127.—Section 127 of Public Law

13 91–508 (12 U.S.C. 1957) is amended to read as fol14 lows:

15 ‘‘SEC. 127. ADDITIONAL CRIMINAL PENALTY IN CERTAIN

16 CASES.

17 ‘‘A person that willfully violates this chapter, section

18 21 of the Federal Deposit Insurance Act, or a regulation

19 prescribed under this chapter or that section 21, while vio20 lating another law of the United States or as part of a

21 pattern of any illegal activity involving more than

22 $100,000 in a 12–month period, shall be fined not more

23 than $500,000, imprisoned for not more than 10 years,

24 or both.’’.
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1 (f) TECHNICAL AMENDMENT.—The table of sections

2 for chapter 53 of title 31, United States Code, is amended

3 by inserting after the item relating to section 5323 the

4 following:

‘‘Sec. 5324. Structuring transactions to evade reporting or recordkeeping requirement prohibited.’’.

5 TITLE III—FIGHTING TER6 RORISM AND INTER7 NATIONAL CRIME

8 SUBTITLE A—Investigating and

9 Punishing Violent Crimes

10 Against U.S. Nationals Abroad

11 SEC. 3001. EXTORTION AGAINST U.S. NATIONALS ABROAD

12 IN FURTHERANCE OF ORGANIZED CRIME.

13 Section 2332 of title 18, United States Code, is

14 amended—

15 (1) by redesignating subsection (d) as sub16 section (e);

17 (2) by inserting after subsection (c) the fol18 lowing:

19 ‘‘(d) Whoever commits or attempts to commit extor20 tion against a national of the United States, while such

21 national is outside the United States, shall be fined under

22 this title or imprisoned not more than twenty years, or

23 both.’’;
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1 (3) by striking the period at the end of sub2 section (e), as designated by paragraph (1) of this

3 section, and inserting ‘‘, or was intended to further

4 the objectives of an organized criminal group. A cer5 tification under this paragraph is not subject to judi6 cial review.’’; and

7 (4) by adding at the end the following:

8 ‘‘(f) Nothing in this section shall be construed as in9 dicating an intent on the part of Congress to interfere with

10 the exercise of criminal jurisdiction by the nation or na11 tions in which the criminal act occurred or to mandate

12 that each potential violation should be the subject of inves13 tigation or prosecution by the United States.

14 ‘‘(g) As used in this section, the term—

15 ‘‘(1) ‘extortion’ means the obtaining of property

16 worth $100,000 or more from another by threat17 ening or placing another person in fear that any per18 son will be subjected to bodily injury or kidnapping

19 or that any property will be damaged or destroyed;

20 and

21 ‘‘(2) ‘organized criminal group’ means an enter22 prise consisting of a group of individuals associated

23 in fact, as defined in section 1961(4), and which is

24 engaged in or has as a purpose the commission of

25 an act or acts which would constitute racketeering
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1 activity, as defined in section 1961, if committed

2 within the United States.’’.

3 SEC. 3002. MURDER AND SERIOUS ASSAULTS OF A STATE

4 OR LOCAL OFFICIAL ABROAD.

5 Chapter 51 of title 18, United States Code, is amend6 ed by adding at the end a new section 1123 as follows:

7 ‘‘§ 1123. Murder or serious assault of a State or local

8 law enforcement, judicial or other official

9 abroad

10 ‘‘(a) Whoever, in the circumstances described in sub11 section (b)—

12 ‘‘(1) kills or attempts to kill an official of a

13 State or a political subdivision thereof shall be pun14 ished as provided under sections 1111, 1112, and

15 1113 of this title; or

16 ‘‘(2) assaults an official of a State or a political

17 subdivision thereof and such assault results in seri18 ous bodily injury shall be punished as provided

19 under section 113 of this title.

20 ‘‘(b) The circumstance referred to in subsection (a)

21 is that the official of a State or political subdivision

22 thereof—

23 ‘‘(1) is outside the territorial jurisdiction of the

24 United States; and
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1 ‘‘(2) is engaged in, or the prohibited activity oc2 curs on account of the provision by such official of,

3 training, technical assistance, or other assistance to

4 the United States or a foreign government in con5 nection with any program funded, in whole or in

6 part, by the Federal Government.

7 ‘‘(c) LIMITATIONS ON PROSECUTION.—No prosecu8 tion may be instituted against any person under this sec9 tion except upon the written approval of the Attorney Gen10 eral, the Deputy Attorney General, or an Assistant Attor11 ney General, which function of approving prosecutions

12 may not be delegated. A determination under this para13 graph is not subject to judicial review.

14 ‘‘(d) Nothing in this section shall be construed as in15 dicating an intent on the part of Congress to interfere with

16 the exercise of criminal jurisdiction by the nation or na17 tions in which the criminal act occurred or to mandate

18 that each potential violation should be the subject of inves19 tigation or prosecution by the United States.

20 ‘‘(e) DEFINITIONS.—For purposes of this section,—

21 ‘‘(1) the term ‘serious bodily injury’ shall have

22 the meaning prescribed in section 2119 of this title;

23 and

24 ‘‘(2) the term ‘State’ shall have the meaning

25 prescribed in section 245(d) of this title.’’.
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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions for chapter 51 of title 18, United States Code, is

3 amended by adding at the end the following:

‘‘1123. Murder or serious assault of a State or local law enforcement, judicial

or other official abroad.’’.

4 Subtitle B—Strengthening the Air,

5 Land and Sea Borders of the

6 United States

7 CHAPTER 1—VIOLENCE COMMITTED

8 ALONG U.S. BORDER

9 SEC. 3011. FELONY PUNISHMENT FOR VIOLENCE COM10 MITTED ALONG THE U.S. BORDER.

11 (a) IN GENERAL.—Chapter 27 of title 18, United

12 States Code, is amended by adding at the end a new sec13 tion 554 as follows:

14 ‘‘§ 554. Violence while eluding inspection or during

15 violation of arrival, reporting, entry or

16 clearance requirements

17 ‘‘(a) Whoever attempts to commit or commits a crime

18 of violence or recklessly operates any conveyance during

19 and in relation to—

20 ‘‘(1) attempting to elude or eluding customs,

21 immigration or agriculture inspection or failing to

22 stop at the command of an officer or employee of

23 the United States charged with enforcing the immi-
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1 gration, customs, or other laws of the United States

2 along any border of the United States; or

3 ‘‘(2) an intentional violation of arrival, report4 ing, entry, or clearance requirements, as set forth in

5 the Agriculture and Food Act of 1981, Public Law

6 97–98 (7 U.S.C. 150ff, 164a and 2806); the Tariff

7 Act of 1930, Public Law 98–573 (19 U.S.C. 1431,

8 1433, 1434, and 1459); the Act of August 30, 1890,

9 26 Stat. 417, chapter 839 (21 U.S.C. 105 and 111);

10 section 91 of title 46, United States Code Appendix;

11 or the Immigration and Nationality Act, 66 Stat.

12 163 (8 U.S.C. 1221, 1222, and 1224–1228);

13 shall be fined under this title or—

14 ‘‘(i) imprisoned for not more than 5 years,

15 or both;

16 ‘‘(ii) imprisoned for not more than 10

17 years, or both, if bodily injury (as defined in

18 section 1365(g) of this title) results; or

19 ‘‘(iii) imprisoned for any term of years or

20 for life, or both, if death results, and may be

21 sentenced to death.

22 ‘‘(b) If two or more persons conspire to commit an

23 offense under subsection (a), and one or more of such per24 sons do any act to effect the object of the conspiracy, each
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1 shall be punishable as a principal, except that the sentence

2 of death may not be imposed.’’.

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions for chapter 27 of title 18, United States Code, is

5 amended by inserting at the end:

‘‘554. Violence while eluding inspection or during violation of arrival, reporting,

entry or clearance requirements.’’.

6 (c) Section 111 of title 18, United States Code, is

7 amended by—

8 (1) redesignating subsection (b) as subsection

9 (c); and

10 (2) inserting after subsection (a) the following:

11 ‘‘(b) RECKLESS ENDANGERMENT.—Whoever know12 ingly disregards or disobeys the lawful authority or com13 mand of any officer or employee of the United States

14 charged with enforcing the immigration, customs or other

15 laws of the United States along any border of the United

16 States while engaged in or on account of the performance

17 of official duties, and thereby endangers the safety of any

18 person or property, shall be fined under this title or im19 prisoned for not more than six months, or both.’’.
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1 CHAPTER 2—STRENGTHENING MARITIME

2 LAW ENFORCEMENT ALONG U.S. BOR3 DERS

4 SEC. 3021. SANCTIONS FOR FAILURE TO HEAVE TO, OB5 STRUCTING A LAWFUL BOARDING, AND PRO6 VIDING FALSE INFORMATION.

7 (a) IN GENERAL.—Chapter 109 of title 18, United

8 States Code, is amended by adding at the end a new sec9 tion 2237 to read as follows:

10 ‘‘§ 2237. Sanctions for failure to heave to; sanctions

11 for obstruction of boarding and providing

12 false information

13 ‘‘(a)(1) It shall be unlawful for the master, operator,

14 or person in charge of a vessel of the United States or

15 a vessel subject to the jurisdiction of the United States,

16 to fail to obey an order to heave to that vessel on being

17 ordered to do so by an authorized Federal law enforcement

18 officer.

19 ‘‘(2) It shall be unlawful for any person on board a

20 vessel of the United States or a vessel subject to the juris21 diction of the United States knowingly or willfully to—

22 ‘‘(A) fail to comply with an order of an author23 ized Federal law enforcement officer in connection

24 with the boarding of the vessel;
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1 ‘‘(B) impede or obstruct a boarding or arrest,

2 or other law enforcement action authorized by any

3 Federal law; or

4 ‘‘(C) provide false information to a Federal law

5 enforcement officer during a boarding of a vessel re6 garding the vessel’s destination, origin, ownership,

7 registration, nationality, cargo, or crew.

8 ‘‘(b) This section does not limit in any way the pre9 existing authority of a customs officer under section 581

10 of the Tariff Act of 1930 or any other provision of law

11 enforced or administered by the Customs Service, or the

12 preexisting authority of any Federal law enforcement offi13 cer under any law of the United States to order a vessel

14 to heave to.

15 ‘‘(c) A foreign nation may consent or waive objection

16 to the enforcement of United States law by the United

17 States under this section by international agreement or,

18 on a case by case basis, by radio, telephone, or similar

19 oral or electronic means. Consent or waiver may be proven

20 by certification of the Secretary of State or the Secretary’s

21 designee.

22 ‘‘(d) For purposes of this section—

23 ‘‘(1) ‘vessel of the United States’, and ‘vessel

24 subject to the jurisdiction of the United States’ have

25 the meaning set forth for these terms in the Mari-
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1 time Drug Law Enforcement Act (46 App. U.S.C.

2 1903);

3 ‘‘(2) the term ‘heave to’ means to cause a vessel

4 to slow or come to a stop to facilitate a law enforce5 ment boarding by adjusting the course and speed of

6 the vessel to account for the weather conditions and

7 sea state; and

8 ‘‘(3) the term ‘Federal law enforcement officer’

9 has the meaning set forth in section 115 of this title.

10 ‘‘(e) Any person who intentionally violates the provi11 sions of this section shall be subject to be imprisoned for

12 not more than five years, fined as provided in this title,

13 or both.

14 ‘‘(f) A vessel that is used in violation of this section

15 may be seized and forfeited. The laws relating to the sei16 zure, summary and judicial forfeiture, and condemnation

17 of property for violation of the customs laws, the disposi18 tion of such property or the proceeds from the sale thereof,

19 the remission or mitigation of such forfeitures, and the

20 compromise of claims, shall apply to seizures and forfeit21 ures undertaken, or alleged to have been undertaken,

22 under any of the provisions of this section; except that

23 such duties as are imposed upon the customs officer or

24 any other person with respect to the seizure and forfeiture

25 of property under the customs laws shall be performed
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1 with respect to seizures and forfeitures of property under

2 this section by such officers, agents, or other persons as

3 may be authorized or designated for that purpose. A vessel

4 that is used in violation of this section is also liable in

5 rem for any fine or civil penalty imposed under this sec6 tion.’’.

7 (b) CLERICAL AMENDMENT.—The chapter analysis

8 for chapter 109 of title 18, United States Code, is amend9 ed by inserting the following new item after the item for

10 section 2236:

‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding

or providing false information.’’.

11 SEC. 3022. CIVIL PENALTIES TO SUPPORT MARITIME LAW

12 ENFORCEMENT.

13 (a) IN GENERAL.—Chapter 17 of title 14, United

14 States Code, is amended by adding at the end the fol15 lowing new section:

16 ‘‘§ 675. Civil penalty for failure to comply with a law17 ful boarding, obstruction of boarding, or

18 providing false information

19 ‘‘(a) Any person who violates section 2237(a) of title

20 18, United States Code, shall be liable for a civil penalty

21 of not more than $25,000.

22 ‘‘(b) A vessel used to violate an order relating to the

23 boarding of a vessel issued under the authority of section

24 2237 of title 18, United States Code, is also liable in rem
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1 and may be seized, forfeited, and sold in accordance with

2 Customs law, specifically section 1594 of title 19, United

3 States Code.’’.

4 (b) CLERICAL AMENDMENT.—The chapter analysis

5 for chapter 17 of title 14, United States Code, is amended

6 by adding at the end the following new item:

‘‘675. Civil penalty for failure to comply with a lawful boarding, obstruction of

boarding, or providing false information.’’.

7 SEC. 3023. CUSTOMS ORDERS.

8 Section 581 of the Tariff Act of 1930 (19 U.S.C.

9 1581) is amended by adding at the end the following new

10 subsection:

11 ‘‘(i) As used in this section, the term ‘authorized

12 place’ includes, with respect to a vessel or vehicle, a loca13 tion in a foreign country at which United States customs

14 officers are permitted to conduct inspections, examina15 tions, or searches.’’.

16 CHAPTER 3—SMUGGLING OF CONTRA17 BAND AND OTHER ILLEGAL PROD18 UCTS

19 SEC. 3031. SMUGGLING CONTRABAND AND OTHER GOODS

20 FROM THE UNITED STATES.

21 (a) IN GENERAL.—Chapter 27 of title 18, United

22 States Code, is amended by adding at the end following

23 new section:
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1 ‘‘§ 556. Smuggling goods from the United States

2 ‘‘Whoever fraudulently or knowingly exports or sends

3 from the United States, or attempts to export or send

4 from the United States, any merchandise, article or object

5 contrary to any law or regulation of the United States,

6 or receives, conceals, buys, sells, or in any manner facili7 tates the transportation, concealment, or sale of such mer8 chandise, article or object, prior to exportation, knowing

9 the same to be intended for exportation contrary to any

10 law or regulation of the United States, shall be fined

11 under this title or imprisoned not more than five years,

12 or both. The term ‘United States’ as used in this section

13 shall have the same meaning as that provided in section

14 545 of this title.’’.

15 (b) Section 1956(c)(7)(D) of title 18, United States

16 Code, is amended by inserting before ‘‘section 641 (relat17 ing to public money, property, or records),’’ the following:

18 ‘‘section 556 (relating to smuggling goods from the United

19 States),’’.

20 (c) CONFORMING AMENDMENT.—The chapter anal21 ysis for chapter 27 of title 18, United States Code, is

22 amended by adding at the end the following:

‘‘556. Smuggling goods from the United States.’’.

23 (d) Section 596 of the Tariff Act of 1930 (19 U.S.C.

24 1595a) is amended by adding the following new sub25 section:
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1 ‘‘(d) Merchandise exported or sent from the United

2 States or attempted to be exported or sent from the

3 United States contrary to law, or the proceeds or value

4 thereof, and property used to facilitate the receipt, pur5 chase, transportation, concealment, or sale of such mer6 chandise prior to exportation shall be forfeited to the

7 United States.’’.

8 SEC. 3032. CONTROLLING ILLICIT LIQUOR TRAFFICKING.

9 (a) IN GENERAL.—Title 18, United States Code, is

10 amended—

11 (1) in section 546, by—

12 (A) inserting ‘‘, or who owns, under the

13 laws of any State (as defined in section 245(d)

14 of this title) or of the United States any vehicle,

15 aircraft, conveyance or other mode of transpor16 tation and’’ after ‘‘vessel of the United States’’;

17 (B) inserting ‘‘vehicle, aircraft, conveyance

18 or other mode of transportation’’ after the sec19 ond occurrence and all subsequent occurrences

20 of ‘‘vessel’’; and

21 (C) striking ‘‘if under the laws of such for22 eign government any penalty or forfeiture is

23 provided for violation of the laws of the United

24 States respecting the customs revenue,’’;
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1 (2) in section 1261, by striking all that follows

2 the heading and inserting: ‘‘The Secretary of the

3 Treasury shall enforce the provisions of this chapter

4 and may prescribe such rules and regulations as he

5 deems necessary to carry out the provisions of this

6 chapter.’’;

7 (3) in section 1956(c)(7)(D) by inserting before

8 ‘‘section 549 (relating to removing goods from Cus9 toms custody)’’ the following: ‘‘section 546 (relating

10 to smuggling goods into foreign countries),’’; and

11 (4) by adding a the end of chapter 59 the fol12 lowing new section:

13 ‘‘§ 1266. Trafficking in contraband liquor

14 ‘‘(a) It shall be unlawful for any person to ship or

15 transport or attempt to ship or transport, or introduce or

16 attempt to introduce, more than 360 liters of distilled spir17 its from one State into another State or foreign country,

18 or receive or possess more than 360 liters of distilled spir19 its that have been transported in interstate or foreign

20 commerce in violation of State or Federal law.

21 ‘‘(b)(1) Whoever knowingly violates subsection (a)

22 shall be fined under this title or imprisoned not more than

23 5 years, or both; in the case of a violation involving more

24 than 15,000 liters of distilled spirits, such person shall be
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1 fined under this title or imprisoned not more than 10

2 years, or both.

3 ‘‘(2) The Secretary of the Treasury shall seize and

4 forfeit, in accordance with section 9703(o) of title 31, any

5 conveyance, liquor, or monetary instrument (as defined in

6 section 5312 of title 31) involved in a violation of this sec7 tion or any property, real or personal, which constitutes

8 or is derived from proceeds traceable to a violation of this

9 section.

10 ‘‘(3) No property shall be forfeited under this section

11 to the extent of the interest of an owner or lien holder

12 by reason of any act or omission established by that owner

13 or lien holder to have been committed without the knowl14 edge of that owner or lien holder.

15 ‘‘(4) The court, in imposing sentence on a person con16 victed of violating this section, shall order that person to

17 forfeit to the United States any property described in

18 paragraph (2) involved in such violation. The seizure and

19 forfeiture of such property shall be governed by sub20 sections (b), (c) and (e) through (p) of section 413 of the

21 Comprehensive Drug Abuse Prevention and Control Act

22 of 1970 (21 U.S. C. 853 (b), (c), (e)–(p)).’’.

23 ‘‘(c) Nothing in this chapter shall be construed to af24 fect the concurrent jurisdiction of a State to enact and

25 enforce liquor laws, to provide for the confiscation of liq-
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1 uor and other property seized for violation of such laws,

2 and to provide for penalties for the violation of such laws.

3 ‘‘(d) For purposes of this section, ‘State’ includes a

4 State of the United States, the District of Columbia, and

5 a commonwealth, territory, or possession of the United

6 States.’’.

7 (b) CONFORMING AMENDMENT.—The table of sec8 tions for chapter 59 of title 18, United States Code, is

9 amended by inserting at the end:

‘‘1266. Trafficking in contraband liquor.’’.

10 SEC. 3033. CUSTOMS DUTIES.

11 (a) IN GENERAL.—Section 542 of title 18, United

12 States Code, is amended—

13 (1) by inserting at the end of the title the fol14 lowing: ‘‘, theft, embezzlement, or misapplication of

15 duties’’;

16 (2) by striking ‘‘—’’ at the end of the second

17 undesignated paragraph and inserting ‘‘; or’’;

18 (3) by inserting the following after the second

19 undesignated paragraph:

20 ‘‘Whoever embezzles, steals, abstracts, purloins, will21 fully misapplies, willfully permits to be misapplied, or

22 wrongfully converts to his own use, or to the use of an23 other, moneys, funds, credits, assets, securities or other

24 property entrusted to his or her custody or care, or to the
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1 custody or care of another for the purpose of paying any

2 lawful duties—’’; and

3 (4) by striking ‘‘two years’’ and inserting ‘‘five

4 years’’.

5 (b) CONFORMING AMENDMENT.—The table of sec6 tions for chapter 27 of title 18, United States Code, is

7 amended by striking ‘‘542. Entry of goods by means of

8 false statements.’’ and inserting the following:

‘‘542. Entry of goods by means of false statements, theft, embezzlement, or

misapplication of duties.’’.

9 SEC. 3034. FALSE CERTIFICATIONS RELATING TO EXPORTS.

10 (a) IN GENERAL.—Chapter 27 of title 18, United

11 States Code, is amended by adding at the end the fol12 lowing new section:

13 ‘‘§ 555. False certifications relating to exports

14 ‘‘Whoever knowingly transmits in interstate or for15 eign commerce any false or fraudulent certificate of origin,

16 invoice, declaration, affidavit, letter, paper, or statement,

17 whether written or otherwise, which represents explicitly

18 or implicitly that goods, wares, or merchandise to be ex19 ported qualify for purposes of any international trade

20 agreement to which the United States is a signatory shall

21 be fined under this title or imprisoned not more than five

22 years, or both.’’.
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1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 27 of title 18, United States Code, is

3 amended by inserting the following at the end:

‘‘555. False certifications relating to exports.’’.

4 Subtitle C—Denying Safe Haven to

5 International Criminals

6 CHAPTER 1—STRENGTHENING EXTRA7 DITION TO ENSURE INTERNATIONAL

8 CRIMINALS ARE BROUGHT TO JUS9 TICE

10 SEC. 3041. EXTRADITION FOR OFFENSES NOT COVERED BY

11 A LIST TREATY.

12 Chapter 209 of title 18, United States Code, is

13 amended by adding at the end a new section 3197 as fol14 lows:

15 ‘‘§ 3197. Extradition for offenses not covered by a list

16 treaty

17 ‘‘(a) Where a foreign government makes a request for

18 the extradition of a person who is charged with or has

19 been convicted of an offense within its jurisdiction, and

20 there is an extradition treaty in force between the United

21 States and the foreign government, but the treaty does

22 not provide for extradition for the offense with which the

23 person has been charged or for which the person has been

24 convicted, the Attorney General may authorize the filing

25 of a complaint for extradition as set forth in subsections
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1 (b) and (c) below. Any such complaint shall be filed pursu2 ant to section 3184, and the procedures of sections 3184

3 and 3186 and the terms of the relevant extradition treaty

4 shall apply as if the offense were a ‘crime provided for

5 by such treaty’ as described in section 3184.

6 ‘‘(b) The Attorney General may authorize the filing

7 of such a complaint only upon a certification—

8 ‘‘(1) by the Attorney General, that in the judg9 ment of the Attorney General, the offense for which

10 extradition is sought is a serious offense as defined

11 in subsection (e), and submission of the extradition

12 request would be important to the law enforcement

13 interests of the United States or otherwise in the in14 terests of justice; and

15 ‘‘(2) by the Secretary of State, that in the judg16 ment of the Secretary of State, submission of the re17 quest would be consistent with the foreign policy in18 terests of the United States and the facts and cir19 cumstances then known do not appear likely to

20 present any significant impediment to the ultimate

21 surrender of the person if found extraditable.

22 Any decision or exercise of authority by the Attorney Gen23 eral or the Secretary of State pursuant to this subsection

24 is not subject to judicial review.
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1 ‘‘(c) In cases of urgency, the Attorney General may,

2 with the concurrence of the Secretary of State and prior

3 to any formal certification under subsection (b), authorize

4 the filing of a complaint seeking the provisional arrest and

5 detention of the person sought prior to the receipt of docu6 ments or other proof in support of the request for extra7 dition. The provisions and requirements regarding provi8 sional arrest in the relevant treaty shall apply.

9 ‘‘(d) Before issuing a warrant of surrender under sec10 tions 3184 and 3186, the Secretary of State may impose

11 conditions upon the surrender of the person, and may re12 quire such assurances of compliance with those conditions,

13 as are deemed appropriate.

14 ‘‘(e) As used in this section, ‘serious offense’ means

15 conduct which is—

16 ‘‘(1) an offense described in any multilateral

17 treaty to which the United States is a party that ob18 ligates parties either to extradite alleged offenders

19 found in their territory or submit the case to their

20 competent authorities for prosecution; or

21 ‘‘(2) conduct which, if it occurred in the United

22 States, would constitute one or more of the following

23 offenses—

24 ‘‘(A) a crime of violence (as defined in sec25 tion 16 of this title),
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1 ‘‘(B) the distribution, manufacture, impor2 tation or exportation of a controlled substance

3 (as defined in the Controlled Substances Act,

4 Public Law 91–513 (21 U.S.C. 802));

5 ‘‘(C) bribery of a public official; misappro6 priation, embezzlement or theft of public funds

7 by or for the benefit of a public official;

8 ‘‘(D) obstruction of justice, including pay9 ment of bribes to jurors or witnesses;

10 ‘‘(E) the laundering of monetary instru11 ments, as described in section 1956 of this title,

12 provided the value of the monetary instruments

13 involved is in excess of $100,000;

14 ‘‘(F) fraud, theft, embezzlement, or com15 mercial bribery if the property which is the ob16 ject of the offense or offenses has a value in ex17 cess of $100,000;

18 ‘‘(G) counterfeiting, if the obligations, se19 curities or other items counterfeited, have an

20 apparent value in excess of $100,000;

21 ‘‘(H) a crime against children covered by

22 chapter 109A or 117 or section 2251, 2251A,

23 2252, 2252A, or 2260 of this title’’; or
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1 ‘‘(I) a conspiracy or attempt to commit

2 any of the foregoing offenses, or aiding and

3 abetting a person who commits such offenses.’’.

4 SEC. 3042. EXTRADITION ABSENT A TREATY.

5 Chapter 209 of title 18, United States Code, is

6 amended by adding at the end a new section 3198 as fol7 lows:

8 ‘‘§ 3198. Extradition absent a treaty

9 ‘‘(a) Where a foreign government makes a request for

10 the extradition of a person who is charged with or has

11 been convicted of an offense within its jurisdiction, and

12 there is no extradition treaty in force between the United

13 States and the foreign government, the Attorney General

14 may authorize the filing of a complaint for extradition as

15 set forth in subsections (b) and (c). Any such complaint

16 shall be filed pursuant to section 3184 and all procedures

17 of sections 3184 and 3186 shall be followed as if the of18 fense were a ‘crime provided for by such treaty’ as de19 scribed in section 3184.

20 ‘‘(b) The Attorney General may authorize the filing

21 of such a complaint only upon a certification—

22 ‘‘(1) by the Attorney General, that in the judg23 ment of the Attorney General, the offense for which

24 extradition is sought is a serious offense as defined

25 in subsection (h), and submission of the extradition
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1 request would be important to the law enforcement

2 interests of the United States or otherwise in the in3 terests of justice; and

4 ‘‘(2) by the Secretary of State, that in the judg5 ment of the Secretary of State, based on information

6 then known—

7 ‘‘(A) submission of the request would be

8 consistent with the foreign policy interests of

9 the United States;

10 ‘‘(B) the facts and circumstances of the re11 quest, including humanitarian considerations,

12 do not appear likely to present a significant im13 pediment to the ultimate surrender of the per14 son if found extraditable; and

15 ‘‘(C) the country submitting the request

16 does not appear to be doing so in order to try

17 or punish the person sought based primarily on

18 the person’s race, religion, nationality, or polit19 ical opinions.

20 The authorities and responsibilities of the Attorney

21 General set forth in this subsection may be dele22 gated only to the Deputy Attorney General. The au23 thorities and responsibilities of the Secretary of

24 State set forth in this subsection may be delegated

25 only to the Deputy Secretary of State. The authori-
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1 ties and responsibilities set forth in this subsection

2 are not subject to judicial review.

3 ‘‘(c) In cases of urgency, the Attorney General may,

4 with the concurrence of the Secretary of State and prior

5 to any formal certification under subsection (b), authorize

6 the filing of a complaint seeking the provisional arrest and

7 detention of the person sought prior to the receipt of docu8 ments or other proof in support of the request for extra9 dition. The complaint shall be filed in the same manner

10 as provided in section 3184, and upon such complaint, the

11 judicial officer may issue an order for the provisional ar12 rest and detention of the person. The judicial officer may

13 order that a person detained pursuant to this subsection

14 be released from custody if within forty-five days of the

15 arrest the formal request for extradition and documents

16 in support of it are not received by the Department of

17 State.

18 ‘‘(d) Upon the filing of a complaint for extradition

19 and receipt of documents or other proof in support of the

20 foreign government’s request for extradition, the judicial

21 officer shall hold a hearing to determine whether the per22 son is extraditable. The judicial officer shall find a person

23 extraditable if the officer finds:
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1 ‘‘(1) probable cause to believe that the person

2 before the judicial officer is the person sought in the

3 foreign state;

4 ‘‘(2) probable cause to believe that the person

5 before the judicial officer committed the offense for

6 which such person is sought, or was duly convicted

7 of that offense in the requesting state; and

8 ‘‘(3) that the conduct upon which the request

9 for extradition is based, if it occurred within the

10 United States, would be a serious offense, as defined

11 in subsection (i), punishable by imprisonment for

12 more than ten years under the laws of the United

13 States, the laws of the majority of the States in the

14 United States, or the laws in the State in which the

15 fugitive is found; and

16 ‘‘(4) no defense to extradition under subsection

17 (e) has been established.

18 ‘‘(e) The judicial officer shall not find the person ex19 traditable if the person has established that the offense

20 for which extradition is sought either is an offense for

21 which the person is being proceeded against, or has been

22 tried or punished, in the United States, or is a political

23 offense. For purposes of this section a political offense

24 does not include—
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1 ‘‘(1) a murder or other violent crime against

2 the person of a Head of State of a foreign state, or

3 of a member of the Head of State’s family;

4 ‘‘(2) an offense for which both the United

5 States and the requesting state have the obligation

6 pursuant to a multilateral international agreement

7 to extradite the person sought or to submit the case

8 to their competent authorities for decision as to

9 prosecution; or

10 ‘‘(3) a conspiracy or attempt to commit any of

11 the foregoing offenses, or aiding or abetting a per12 son who commits or attempts to commit such of13 fenses.

14 ‘‘(f) Issues regarding humanitarian concerns, the na15 ture of the judicial system of the requesting state, and

16 whether the foreign state is seeking extradition of a person

17 for the purpose of prosecuting or punishing the person be18 cause of such person’s race, religion, nationality or polit19 ical opinions shall not be considered by the judicial officer

20 at the hearing, but rather shall be reserved for consider21 ation exclusively by the Secretary of State. Notwith22 standing the certification required under subsection

23 (b)(2), the Secretary of State may, within his or her sole

24 discretion, consider such issues again in determining
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1 whether or pursuant to what conditions to surrender the

2 person under sections 3184 and 3186.

3 ‘‘(g) The Secretary of State may impose conditions

4 upon the surrender of the person, and may require such

5 assurances of compliance with those conditions, as are

6 deemed appropriate. In addition, the Secretary shall de7 mand, as a condition of the person’s extradition—

8 ‘‘(1) in every case, an assurance the Secretary

9 deems satisfactory that the person shall not be tried

10 or punished for an offense other than that for which

11 the person has been extradited or be extradited to

12 a third state or to an international tribunal, absent

13 the consent of the United States; provided, however,

14 that this subparagraph shall not apply if the person

15 has left the territory of the foreign country after ex16 tradition and voluntarily returned to it or has not

17 left the territory of the foreign country within ten

18 days of being free to do so; and

19 ‘‘(2) in a case in which the offense for which

20 extradition is sought is punishable by death in the

21 requesting state and is not so punishable under the

22 applicable laws in the United States, an assurance

23 the Secretary deems satisfactory that the death pen24 alty shall not be imposed, or if imposed, shall not be

25 carried out.
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1 ‘‘(h) As used in this section, ‘serious offense’ means

2 conduct which is—

3 ‘‘(1) an offense described in any multilateral

4 treaty to which the United States is a party that ob5 ligates parties either to extradite alleged offenders

6 found in their territory or submit the case to their

7 competent authorities for prosecution; or

8 ‘‘(2) conduct which, if it occurred in the United

9 States, would constitute one or more of the following

10 offenses—

11 ‘‘(A) a crime of violence (as defined in sec12 tion 16 of this title),

13 ‘‘(B) the distribution, manufacture, impor14 tation or exportation of a controlled substance

15 (as defined in section 802 of title 21);

16 ‘‘(C) bribery of a public official; misappro17 priation, embezzlement or theft of public funds

18 by or for the benefit of a public official;

19 ‘‘(D) obstruction of justice, including pay20 ment of bribes to jurors or witnesses;

21 ‘‘(E) the laundering of monetary instru22 ments, as described in section 1956 of this title,

23 provided the value of the monetary instruments

24 involved is in excess of $100,000;
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1 ‘‘(F) fraud, theft, embezzlement, or com2 mercial bribery if the property which is the ob3 ject of the offense or offenses has a value in ex4 cess of $100,000;

5 ‘‘(G) counterfeiting, if the obligations, se6 curities or other items counterfeited, have an

7 apparent value in excess of $100,000;

8 ‘‘(H) a conspiracy or attempt to commit

9 any of the foregoing offenses, or aiding and

10 abetting a person who commits such offenses;’’

11 or

12 ‘‘(I) a crime against children covered by

13 chapter 109A or 117 or section 2251, 2251A,

14 2252, 2252A, or 2260 of this title.’’.

15 SEC. 3043. TECHNICAL AND CONFORMING AMENDMENTS.

16 (a) Section 3181(a) of title 18, United States Code,

17 is amended by inserting ‘‘, other than section 3197 and

18 section 3198,’’ after ‘‘The provisions of this chapter’’.

19 (b) Section 3184 of title 18, United States Code, is

20 amended:

21 (1) by striking ‘‘under section 3181(b)’’ the

22 first time it appears and inserting in lieu thereof

23 ‘‘under section 3181(b) or section 3198’’ ;

24 (2) by striking ‘‘under section 3181(b)’’ second

25 time it appears and inserting in lieu thereof ‘‘under
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1 section 3181(b), section 3197, or section 3198’’ ;

2 and

3 (3) by striking ‘‘under section 3181(b)’’ the

4 third time it appears and inserting in lieu thereof

5 ‘‘under section 3181(b) or section 3198’’.

6 (c) The table of sections for chapter 209 of title 18,

7 United States Code, is amended by inserting at the end:

‘‘3197. Extradition for offenses not covered by a list treaty.

‘‘3198. Extradition absent a treaty.’’.

8 CHAPTER 2—STRENGTHENING IMMIGRA9 TION LAWS TO EXCLUDE INTER10 NATIONAL CRIMINALS FROM THE

11 UNITED STATES

12 SEC. 3051. EXCLUSION OF PERSONS FLEEING PROSECU13 TION IN OTHER COUNTRIES.

14 (a) Section 212(a)(2) of the Immigration and Nation15 ality Act (8 U.S.C. 1182(a)(2)) is amended by adding the

16 following new subparagraph:

17 ‘‘(H) UNLAWFUL FLIGHT TO AVOID PROS18 ECUTION.—Any alien who is coming to the

19 United States solely, principally, or incidentally

20 to avoid lawful prosecution in a foreign country

21 for a crime involving moral turpitude (other

22 than a purely political offense) is inadmis23 sible.’’.
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1 (b) Section 241(b) of the Immigration and Nation2 ality Act (8 U.S.C. 1231(b)) is amended by adding the

3 following new paragraph:

4 ‘‘(4) ALIENS SOUGHT FOR PROSECUTION.—

5 Notwithstanding paragraphs (1) and (2) of this sub6 section, any alien who is found removable under sec7 tion 212(a)(2)(H) (or section 212(a)(2)(H) as ap8 plied pursuant to section 237(a)(1)(A)), shall be re9 moved to the country seeking his or her prosecution

10 unless, in the discretion of the Attorney General,

11 such removal is determined to be impracticable, in12 advisable, or impossible. In such case, removal shall

13 be directed according to paragraphs (1) and (2) of

14 this subsection.’’.

15 SEC. 3052. EXCLUSION OF PERSONS INVOLVED IN RACKET16 EERING AND ARMS TRAFFICKING.

17 (a) Section 212 of the Immigration and Nationality

18 Act of 1952, as amended (8 U.S.C. 1182), is amended

19 in subsection (a)(2)—

20 (1) by redesignating subparagraphs (D), (E)

21 and (F) as subparagraphs (F), (G) and (I), respec22 tively; and

23 (2) by inserting after subparagraph (C) new

24 subparagraphs (D) and (E) to read as follows:
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1 ‘‘(D) RACKETEERING ACTIVITIES.—Any

2 alien who the consular officer or the Attorney

3 General knows or has reason to believe—

4 ‘‘(i) is or has been engaged in activi5 ties which if engaged in within the United

6 States would constitute ‘pattern of racket7 eering activity’ as defined in 18 U.S.C.

8 § 1961(l) and (5), or has been a knowing

9 assister, abettor, conspirator, or colluder

10 with others in any such illicit activity; or

11 ‘‘(ii) is the spouse, son or daughter of

12 an alien inadmissible under clause (i), has,

13 within the previous five years, obtained any

14 financial or other benefit from such illicit

15 activity of that alien, and knew or reason16 ably should have known that the financial

17 or other benefit was the product of such il18 licit activity, is inadmissible.

19 ‘‘(E) TRAFFICKING IN FIREARMS, NU20 CLEAR OR EXPLOSIVE MATERIALS, OR CHEM21 ICAL OR BIOLOGICAL WEAPONS.—Any alien who

22 the consular officer or the Attorney General

23 knows or has reason to believe—

24 ‘‘(i) is or has been engaged in illicit

25 trafficking of firearms (as defined in sec-
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1 tion 921 of title 18, United States Code),

2 nuclear materials (as defined in section

3 831 of title 18, United States Code), explo4 sive materials (as defined in section 841 of

5 title 18, United States Code), or chemical

6 weapons (as defined in section 229F of

7 title 18, United States Code), or biological

8 weapons; or has been a knowing assister,

9 abettor, conspirator, or colluder with oth10 ers in such illicit activity; or

11 ‘‘(ii) is the spouse, son or daughter of

12 an alien inadmissible under clause (i), has,

13 within the previous five years, obtained any

14 financial or other benefit from such illicit

15 activity of that alien, and knew or reason16 ably should have known that the financial

17 or other benefit was the product of such il18 licit activity,

19 is inadmissible.’’.

20 (b) Section 212(h) of the Immigration and Nation21 ality Act of 1952, as amended (8 U.S.C. 1182), is amend22 ed, in the matter preceding paragraph (1), as follows:

23 (1) strike ‘‘The Attorney General’’ through ‘‘of

24 subsection (a)(2)’’ ; and
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1 (2) insert in lieu thereof: ‘‘The Attorney Gen2 eral may, as a matter of discretion, waive the appli3 cation of subparagraphs (A)(i)(I), (B), (C)(ii),

4 (D)(ii), E(ii), (F) and (G) of subsection (a)(2),’’

5 (3) insert before ‘‘if—’’ ‘‘, and subparagraph

6 (D)(i) of such subsection insofar as it relates to an

7 offense other than an aggravated felony’’.

8 (c) Section 212(h)(1)(A)(i) of the Immigration and

9 Nationality Act of 1952, as amended (8 U.S.C. 1182), is

10 amended by striking ‘‘(D)(i) or (D)(ii)’’ and inserting

11 ‘‘(F)(i) or (F)(ii)’’.

12 SEC. 3053. EXCLUSION OF PERSONS INVOLVED IN INTER13 NATIONAL ALIEN SMUGGLING.

14 Section 212 of the Immigration and Nationality Act

15 of 1952, as amended (8 U.S.C. 1182), is amended:

16 (1) by amending subsection (a)(6)(E)(i) to read

17 as follows:

18 ‘‘(E) SMUGGLERS.—(i) Any alien who at

19 any time has—

20 ‘‘(I) knowingly encouraged, induced,

21 assisted, abetted, or aided any other alien

22 to enter or try to enter the United States

23 in violation of law, or

24 ‘‘(II) knowingly encouraged, induced,

25 assisted, abetted, or aided any other alien
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1 to enter or try to enter any other country

2 and who knew or reasonably should have

3 known that such entry or attempted entry

4 was likely to be in furtherance of the entry

5 or attempted entry by such alien into the

6 United States in violation of law,

7 is inadmissible.’’;

8 (2) in subsection (a)(6)(E)(ii), by inserting be9 fore the period at the end of the last sentence: ‘‘or

10 to enter any other country in furtherance of any

11 entry or attempted entry into the United States in

12 violation of law’’; and

13 (3) in subsection (d)(11), by inserting before

14 the period at the end of the last sentence: ‘‘or to

15 enter any other country in furtherance of an entry

16 or attempted entry into the United States in viola17 tion of law’’.

18 CHAPTER 3—ADDITIONAL TOOLS TO

19 DENY SAFE HAVEN TO INTER20 NATIONAL CRIMINALS

21 SEC. 3061. TEMPORARY TRANSFER OF PERSONS IN CUS22 TODY FOR PROSECUTION.

23 (a) IN GENERAL.—Chapter 306 of title 18, United

24 States Code, is amended by adding at the end the fol25 lowing new section:
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1 ‘‘§ 4116. Temporary transfer for prosecution

2 ‘‘(a) When a person is in pretrial detention or is oth3 erwise being held in custody in a foreign country based

4 upon a violation of the law in that foreign country, and

5 that person is found extraditable to the United States by

6 the competent authorities of that foreign country while

7 still in such pretrial detention or custody, the Attorney

8 General shall have the authority to request the temporary

9 transfer of that person to the United States in order to

10 face prosecution in a State or Federal criminal proceeding,

11 to maintain the custody of such person while the person

12 is in the United States, and to return such person to the

13 foreign country at the conclusion of the criminal prosecu14 tion, including any imposition of sentence. The Attorney

15 General shall make such a request only if she determines,

16 based upon the facts and circumstances then know, and

17 after consultation with the Secretary of State, that the

18 return of such person to the foreign country in question

19 would be consistent with United States international obli20 gations. Any decision, or exercise of authority by the At21 torney General under this subsection is not subject to judi22 cial review.

23 ‘‘(b) When a person is in pretrial detention or is oth24 erwise being held in custody in the United States based

25 upon a violation of State or Federal law, and that person

26 is found extraditable to a foreign country while still in
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1 such pretrial detention or custody pursuant to the provi2 sions of section 3184 and the Secretary of State has deter3 mined that the person should be surrendered pursuant to

4 section 3186, the Attorney General shall have the author5 ity to temporarily transfer that person to that foreign

6 country in order to face prosecution, to transport such

7 person from the United States in custody, and to return

8 such person in custody to the United States from the for9 eign country. When the person is being held in custody

10 for a violation of State law, the Attorney General may ex11 ercise the authority described in this paragraph if the ap12 propriate State authorities give their consent. Any deci13 sion, or exercise of authority by the Attorney General

14 under this subsection is not subject to judicial review.

15 With regard to persons in pretrial detention, temporary

16 transfer under this section results in an interruption in

17 their pretrial detention status, and the right to challenge

18 the conditions of confinement pursuant to section 3142(f)

19 does not extend to the right to challenge the conditions

20 of confinement in a foreign country while there tempo21 rarily pursuant to this section.

22 ‘‘(c) The Attorney General may exercise the authority

23 described in paragraphs (a) and (b) absent a prior finding

24 that the person in custody is extraditable, if the person,
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1 any appropriate State authorities in a case under para2 graph (b), and the foreign country give their consent.

3 ‘‘(d) Where the temporary transfer to or from the

4 United States of a person in custody for the purpose of

5 prosecution is provided for by this section, that person

6 shall be returned to the United States or to the foreign

7 country from which the person is transferred on comple8 tion of the proceedings upon which the transfer was based.

9 In no event shall the return of such person require extra10 dition proceedings or proceedings under the immigration

11 laws. In addition, notwithstanding any other provision of

12 law, a person temporarily transferred to the United States

13 pursuant to this section shall not be entitled to apply for

14 or obtain any right or remedy under the Immigration and

15 Nationality Act of 1952, as amended, including the right

16 to apply for or be granted asylum or withholding of depor17 tation.

18 ‘‘(e) For purposes of this section, ‘State’ includes a

19 State of the United States, the District of Columbia, and

20 a commonwealth, territory, or possession of the United

21 States.’’.

22 (b) CONFORMING AMENDMENT.—The chapter anal23 ysis for chapter 306 of title 18, United States Code, is

24 amended by inserting the following at the end:

‘‘4116. Temporary transfer for prosecution.’’.
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1 SEC. 3062. TRANSFER OF PRISONERS TO SERVE SEN2 TENCES IN COUNTRY OF ORIGIN.

3 Section 4108 of title 18, United States code, is

4 amended—

5 (1) in subsection (a), by striking ‘‘in the coun6 try in which the sentence was imposed’’; and

7 (2) by adding at the end a new subsection (f)

8 as follows:

9 ‘‘(f) Consent verification proceedings may be con10 ducted by wire or electronic communication with the con11 sent of the offender and the Attorney General.’’.

12 SEC. 3063. TRANSIT OF FUGITIVES FOR PROSECUTION IN

13 FOREIGN COUNTRIES.

14 (a) IN GENERAL.—Chapter 305 of title 18, United

15 States Code, is amended by adding at the end the fol16 lowing new section:

17 ‘‘§ 4087. Transit through the United States of persons

18 wanted in a foreign country

19 ‘‘The Attorney General may, in consultation with the

20 Secretary of State, permit the temporary transit through

21 the United States of a person wanted for prosecution or

22 imposition of sentence in a foreign country. A determina23 tion by the Attorney General to permit or not to permit

24 such temporary transit is not subject to judicial review.

25 When such permission is granted, Federal law enforce26 ment personnel may hold the person in custody during
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1 such person’s transit of the United States. Notwith2 standing any other provision of law, persons who transit

3 the United States pursuant to this section shall be re4 quired to have only such documents as the Attorney Gen5 eral shall determine, shall not be considered to be admitted

6 or paroled into the United States, and shall not be entitled

7 to apply for or obtain any right or remedy under the Im8 migration and Nationality Act of 1952, as amended, in9 cluding the right to apply for or be granted asylum or

10 withholding of deportation.’’.

11 (b) CONFORMING AMENDMENT.—The chapter anal12 ysis for chapter 305 of title 18, United States Code, is

13 amended by inserting the following at the end:

‘‘4087. Transit through the United States of persons wanted in a foreign country.’’.

14 Subtitle D—Seizing and Forfeiting

15 the Assets of International

16 Criminals

17 SEC. 3071. BORDER SEARCH AUTHORITY FOR CERTAIN

18 CONTRABAND.

19 (a) Title 19, United States Code, is amended by add20 ing the following new section 1583:

21 ‘‘§ 1583. Examination of outbound mail

22 ‘‘(a) For the purposes of ensuring compliance with

23 the Customs laws and the laws enforced by the United

24 States Customs Service, including but not limited to sec-
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1 tion 5316 of title 31 (Bank Secrecy Act), sections 1461,

2 1463, 1465, and 1466 and chapter 110 of title 18 (relat3 ing to obscenity and child pornography), section 953 of

4 title 21 (drug smuggling), sections 2401–20 of title 50 Ap5 pendix (Export Administration Act of 1979), section 2778

6 of title 22 (Arms Export Control Act), and sections 1701

7 et. seq. of title 50 (International Emergency Economic

8 Powers Act), a Customs officer may stop and search sub9 ject to the provisions of this section, at the border and

10 without a search warrant, mail of domestic origin trans11 mitted for export by the United States Postal Service.

12 ‘‘(b) Mail not sealed against inspection under the

13 postal laws and regulations of the United States, mail

14 which bears a customs declaration, or mail with respect

15 to which the sender or addressee has consented in writing

16 to search, may be searched by a Customs officer.

17 ‘‘(c) Mail sealed against inspection under the postal

18 laws and regulations of the United States may be searched

19 by a Customs officer, subject to subsections (d) and (e),

20 upon reasonable cause to suspect that such mail contains

21 monetary instruments (as defined in section 1956 of title

22 18); a weapon of mass destruction (as defined in section

23 2332a of title 18); a drug or other substance listed in

24 schedule I, II, III, or IV in section 912 of title 21; national

25 defense and related information transmitted in violation
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1 of 18 U.S.C. 793 to 798; any merchandise mailed in viola2 tion of sections 1715 or 1716 of title 18; merchandise

3 mailed in violation of chapters 71 (obscenity) or 110 (child

4 pornography) of title 18; merchandise mailed in violation

5 of sections 2401 to 2420 of title 50 Appendix (Export Ad6 ministration Act of 1979); merchandise mailed in violation

7 of section 2778 of title 22 (Arms Export Control Act);

8 merchandise mailed in violation of section 1701 et seq.

9 of title 50 (International Emergency Economic Powers

10 Act); or merchandise mailed in violation of section I et

11 seq. of title 50 Appendix (Trading With The Enemy Act).

12 ‘‘(d) No person acting under authority of this section

13 shall read, or authorize any other person to read, any cor14 respondence contained in mail sealed against inspection

15 unless prior to reading,

16 ‘‘(1) A search warrant has been issued pursu17 ant to rule 41, Federal Rules of Criminal Procedure,

18 or

19 ‘‘(2) The sender or addressee has given written

20 authorization.

21 ‘‘(e) The procedures for the search of mail sealed

22 against inspection pursuant to this section shall be deter23 mined in and governed by a written agreement which shall

24 be entered into between the Department of the Treasury

25 and the United States Postal Service and shall provide,
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1 among other matters, for the presence of employees of

2 each agency, including a Customs officer, at any search

3 of such mail, at the locations at which mail will be

4 searched, and for avoiding any undue delay in the move5 ment of such mail.’’.

6 (b) CONFORMING AMENDMENT.—Section 3623 (d) of

7 title 39, United States Code, is amended to read as fol8 lows:

9 ‘‘(d) The Postal Service shall maintain one or more

10 classes of mail for the transmission of letters sealed

11 against inspection. The rate of each such class shall be

12 uniform through the United States, its territories, and

13 possessions. One such class shall provide for the most ex14 peditious handling and transportation afforded mail mat15 ter by the Postal Service. No letter of such a class of do16 mestic origin shall be opened except under authority of

17 a search warrant authorized by law, or by an officer or

18 employee of the Postal Service for the sole purpose of de19 termining an address at which the letter can be delivered,

20 or pursuant to the authorization of the addressee, or pur21 suant to Section 1583 of title 19.’’.
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1 SEC. 3072. FORFEITURE OF PROPERTY USED TO VIOLATE

2 FEDERAL EXPLOSIVES LAWS.

3 (a) Section 981(a)(1) of title 18, United States Code,

4 is amended by adding at the end the following new sub5 paragraph:

6 ‘‘(J) Any conveyance, chemicals, laboratory

7 equipment, or other material, article, apparatus,

8 device or thing made, possessed, fitted, used or

9 intended to be used to commit a violation of 18

10 U.S.C. 842 (a)(1), (a)(3), (b), (c), (d), (h), (i),

11 (l), (m), and (n), and 844 (d) through (m), or

12 a conspiracy to commit any such offense, and

13 any property traceable to such property.’’.

14 (b) Section 982(a) of title 18, United States Code,

15 is amended by adding at the end the following new para16 graph:

17 ‘‘(12) The court, in imposing sentence on a per18 son convicted of an offense punishable under chapter

19 40 (relating to explosives), or a conspiracy to com20 mit such an offense, shall order the person to forfeit

21 to the United States any conveyance, chemicals, lab22 oratory equipment, or other material, article, appa23 ratus, device or thing made, possessed, fitted, used

24 or intended to be used to commit such offense, and

25 any property traceable to such property.’’.
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1 SEC. 3073. ADMINISTRATIVE SUMMONS AUTHORITY UNDER

2 THE BANK SECRECY ACT.

3 Section 5318(b)(1) of title 31, United States Code,

4 is amended to read as follows:

5 ‘‘(1) SCOPE OF POWER.—The Secretary of the

6 Treasury may take any action described in para7 graph (3) or (4) of subsection (a), (i) for the pur8 pose of determining compliance with the rules of this

9 subchapter or any regulations issued hereunder, or

10 (ii) for the purpose of civil enforcement of violations

11 of this subchapter, section 21 of the Federal Deposit

12 Insurance Act, section 411 of the National Housing

13 Act, or chapter 2 of Public Law 91–508 (12 U.S.C.

14 1951 et seq.) or any regulations under any such pro15 vision.’’.

16 SEC. 3074. EXEMPTING FINANCIAL ENFORCEMENT DATA

17 FROM UNNECESSARY DISCLOSURE.

18 (a) Section 203 of the International Emergency Pow19 ers Act (50 U.S.C. 1702(a)), is amended—

20 (1) by redesignating paragraph (3) as para21 graph (4); and

22 (2) by inserting after paragraph (2) the fol23 lowing new paragraph:

24 ‘‘(3) EXEMPTIONS FROM DISCLOSURE.—Infor25 mation obtained under this title before or after the

26 enactment of this section may be withheld only to
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1 the extent permitted by statute, except that informa2 tion submitted, obtained, or considered in connection

3 with any transaction prohibited under this title, in4 cluding license applications, licenses or other author5 izations, information or evidence obtained in the

6 course of any investigation, and information ob7 tained or furnished under this title in connection

8 with international agreements, treaties, or obliga9 tions shall be withheld from public disclosure, and

10 shall not be subject to disclosure under section 552

11 of title 5, United States Code, unless the release of

12 such information is determined by the President to

13 be in the national interest.’’.

14 (b) Section 5(b) of the Trading with the Enemy Act

15 (50 U.S.C. App. 5(b)) is amended—

16 (1) by redesignating paragraphs (2), (3) and

17 (4) as paragraphs (3), (4) and (5); and

18 (2) by inserting after paragraph (1) the fol19 lowing new paragraph:

20 ‘‘(2) EXEMPTIONS FROM DISCLOSURE.—Infor21 mation obtained under this title before or after the

22 enactment of this section may be withheld only to

23 the extent permitted by statute, except that informa24 tion submitted, obtained, or considered in connection

25 with any transaction prohibited under this title, in-
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1 cluding license applications, licenses or other author2 izations, information or evidence obtained in the

3 course of any investigation, and information ob4 tained or furnished under this title in connection

5 with international agreements, treaties, or obliga6 tions shall be withheld from public disclosure, and

7 shall not be subject to disclosure under section 552

8 of title 5, United States Code, unless the release of

9 such information is determined by the President to

10 be in the national interest.’’.

11 SEC. 3075. CIVIL PENALTIES UNDER THE INTERNATIONAL

12 EMERGENCY ECONOMIC POWERS ACT.

13 (a) INCREASED CIVIL PENALTY.—Section 206(a) of

14 the International Emergency Economic Powers Act (50

15 U.S.C. 1705(a)) is amended by striking ‘‘$10,000’’ and

16 inserting ‘‘$50,000’’.

17 SEC. 3076. ATTEMPTED VIOLATIONS OF THE TRADING WITH

18 THE ENEMY ACT.

19 Section 16 of the Trading with the Enemy Act (50

20 U.S.C. APP. 16) is amended—

21 (1) by inserting in subsection (a) ‘‘or attempt

22 to violate’’ after ‘‘violate’’ each time it appears; and

23 (2) by inserting in subsection (b)(1) ‘‘or at24 tempts to violate’’ after ‘‘violates’’.
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1 Subtitle E—Responding to Emerg2 ing International Crime Threats

3 SEC. 3081. JURISDICTION OVER CERTAIN FINANCIAL

4 CRIMES COMMITTED ABROAD.

5 Section 1029 of title 18, United States Code, is

6 amended by adding at the end a new paragraph (g) as

7 follows:

8 ‘‘(g) Any person who, outside the jurisdiction of the

9 United States, engages in any act which, if committed

10 within the jurisdiction of the United States, would con11 stitute an offense under subsection (a) or (b) of this sec12 tion, shall be subject to the same penalties as if that of13 fense had been committed in the United States, if the

14 act—

15 ‘‘(1) involves an access device issued, owned,

16 managed or controlled by a financial institution, ac17 count issuer, credit card system member, or other

18 entity within the jurisdiction of the United States;

19 and

20 ‘‘(2) causes, or if completed would have caused,

21 a transfer of funds from or a loss to an entity listed

22 in paragraph (1).’’.
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1 SEC. 3082. AMENDMENT TO THE COMPUTER FRAUD AND

2 ABUSE ACT.

3 Section 1030 of title 18, United States Code, is

4 amended in subsection (d) by—

5 (1) striking ‘‘subsections (a)(2)(A), (a)(2)(B),

6 (a)(3), (a)(4), (a)(5), and (a)(6) of’’; and

7 (2) striking ‘‘which shall be entered into’’ and

8 inserting ‘‘between’’ in lieu thereof.

9 Subtitle F—Promoting Global Co10 operation in the Fight Against

11 International Crime

12 SEC. 3101. STREAMLINED PROCEDURES FOR EXECUTION

13 OF MUTUAL LEGAL ASSISTANCE REQUESTS.

14 (a) IN GENERAL.—Chapter 117 of title 28, United

15 States Code, is amended by adding at the end the fol16 lowing new section:

17 ‘‘§ 1790. Assistance to foreign authorities

18 ‘‘(a) The Attorney General may present a request

19 made by a foreign government for assistance with respect

20 to a foreign investigation, prosecution, or proceeding re21 garding a criminal matter pursuant to a treaty, conven22 tion, or executive agreement for mutual legal assistance

23 between the United States and that government or in ac24 cordance with section 1782, the execution of which re25 quires or appears to require the use of compulsory meas-
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1 ures in more than one judicial district, to a judge or judge

2 magistrate of—

3 ‘‘(1) any one of the districts in which persons

4 who may be required to appear to testify or produce

5 evidence or information reside or are found, or in

6 which evidence or information to be produced is lo7 cated; or

8 ‘‘(2) the United States District Court for the

9 District of Columbia.

10 A judge or judge magistrate to whom a request for assist11 ance is presented shall have the authority to issue such

12 orders as appear to be necessary to execute the request

13 including, but not limited to, orders appointing a person

14 to direct the taking of testimony or statements and the

15 production of evidence or information, of whatever nature

16 and in whatever form, in execution of the request.

17 ‘‘(b) A person appointed shall have the power to—

18 ‘‘(1) issue orders for the taking of testimony or

19 statements and the production of evidence or infor20 mation, which orders may be served at any place

21 within the United States;

22 ‘‘(2) administer any necessary oath; and

23 ‘‘(3) take testimony or statements and receive

24 evidence and information.
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1 ‘‘(c) A person ordered pursuant to subparagraph

2 (b)(i) to appear outside the district in which that person

3 resides or is found may, within 10 days of receipt of such

4 order—

5 ‘‘(1) file with the judge or judge magistrate who

6 authorized execution of the request a motion to ap7 pear in the district in which that person resides or

8 is found or in which the evidence or information is

9 located; or

10 ‘‘(2) provide written notice, requesting appear11 ance in the district in which the person resides or

12 is found or in which the evidence or information is

13 located, to the person issuing the order to appear,

14 who shall advise the judge or judge magistrate au15 thorizing execution.

16 ‘‘(d) The judge or judge magistrate may transfer the

17 request, or that portion requiring the person’s appearance,

18 to the other district if—

19 ‘‘(1) the inconvenience to the person is substan20 tial; and

21 ‘‘(2) the transfer is unlikely to adversely affect

22 the effective or timely execution of the request or a

23 portion thereof.
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1 Upon transfer, the judge or judge magistrate to whom the

2 request or a portion thereof is transferred shall complete

3 its execution in accordance with paragraphs (a) and (b).’’.

4 (b) CONFORMING AMENDMENT.—The chapter anal5 ysis for chapter 117 of title 28, United States Code, is

6 amended by inserting the following at the end:

‘‘1790. Assistance to foreign authorities.’’.

7 SEC. 3102. TEMPORARY TRANSFER OF INCARCERATED WIT8 NESSES.

9 Section 3508 of title 18, United States Code, is

10 amended—

11 (1) by amending the title to read as follows:

12 ‘‘Temporary transfer of witnesses in cus13 tody’’; and

14 (2) by striking all that follows paragraph (a)

15 and inserting the following:

16 ‘‘(b) When the testimony of a person who is serving

17 a sentence, in pretrial detention, or otherwise being held

18 in custody in the United States, is needed in a foreign

19 criminal proceeding, the Attorney General shall have the

20 authority to temporarily transfer that person to the for21 eign country for the purpose of giving such testimony, to

22 transport such person from the United States in custody,

23 to make appropriate arrangements for custody for such

24 person while outside the United States, and to return such

25 person in custody to the United States from the foreign
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1 country. When the person is being held in custody for a

2 violation of State law, the Attorney General may exercise

3 the authority described in this paragraph if the appro4 priate State authorities give their consent.

5 ‘‘(c) Where the transfer to or from the United States

6 of a person in custody for the purpose of giving testimony

7 is provided for by treaty or convention, by this section,

8 or both, that person shall be returned to the United

9 States, or to the foreign country from which the person

10 is transferred. In no event shall the return of such person

11 require any request for extradition or extradition pro12 ceedings, or require that a person be subject to deporta13 tion or exclusion proceedings under the laws of either

14 country.

15 ‘‘(d) Where there is an international agreement be16 tween the United States and the foreign country in which

17 the witness is being held in custody or to which the witness

18 will be transferred from the United States, and which pro19 vides for the transfer, custody and return of such wit20 nesses, the terms and conditions of that international

21 agreement shall apply. Where there is no such inter22 national agreement, the Attorney General may exercise the

23 authority described in paragraphs (a) and (b) if both the

24 foreign country and the witness give their consent.
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1 ‘‘(e) Notwithstanding any other provision of law, per2 sons held in custody in a foreign country who are trans3 ferred to the United States pursuant to this section for

4 the purpose of giving testimony shall not thereby or for

5 so long as they are present in the United States pursuant

6 to such transfer be entitled to apply for or obtain any right

7 or remedy under the Immigration and Nationality Act of

8 1952, as amended, including the right to apply for or be

9 granted asylum or withholding of deportation or any right

10 to remain in the United States under any other law. Per11 sons so transferred may be summarily removed from the

12 United States upon order by the Attorney General. Noth13 ing in this section shall be construed to create any sub14 stantive or procedural right or benefit to remain in the

15 United States that is legally enforceable in a court of law

16 of the United States or of a State by any party against

17 the United States or its agencies or officers.

18 ‘‘(f) The Attorney General shall not take any action

19 under this section to transfer or return a person to a for20 eign country unless the Attorney General determines, after

21 consultation with the Secretary of State, that such trans22 fer or return would be consistent with United States inter23 national obligations. A determination by the Attorney

24 General under this subsection shall not be subject to judi25 cial review by any court.’’.
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1 (4) CONFORMING AMENDMENT.—The chapter

2 analysis for chapter 223 of title 18, United States

3 Code, is amended by amending the item relating to

4 section 3508 to read as follows:

‘‘3508. Temporary transfer of witnesses in custody.’’.

5 SEC. 3103. TRAINING OF FOREIGN LAW ENFORCEMENT

6 AGENCIES.

7 Section 660(b) of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2420), as amended, is amended—

9 (1) in paragraph (4), by striking ‘‘or’’;

10 (2) in paragraph (6), by striking the period at

11 the end and inserting ‘‘; or’’; and

12 (3) by adding the following new paragraph:

13 ‘‘(7) With respect to assistance, including training,

14 provided for antiterrorism purposes.’’.

15 SEC. 3104. DISCRETIONARY AUTHORITY TO USE FOR16 FEITURE PROCEEDS.

17 Section 524(c)(1) of title 28, United States Code, is

18 amended—

19 (1) in the second subparagraph designated as

20 subparagraph (I), by—

21 (A) striking ‘‘institutions.’’ and inserting

22 ‘‘institutions; and’’; and

23 (B) redesignating that subparagraph as

24 subparagraph (J);
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1 (2) by inserting the following new subparagraph

2 (K) immediately following subparagraph (J) as des3 ignated by this section:

4 ‘‘(K) at the discretion of the Attorney Gen5 eral, payments to return forfeited property re6 patriated to the United States by a foreign gov7 ernment or others acting at the direction of a

8 foreign government, and interest earned on

9 such property, subject to the following condi10 tions:

11 ‘‘(i) a final foreign judgment entered

12 against a foreign government or those act13 ing at its direction, which foreign judgment

14 was based on the measures, such as sei15 zure and repatriation of property, that re16 sulted in deposit of the funds into the

17 Fund;

18 ‘‘(ii) such foreign judgment was en19 tered and presented to the Attorney Gen20 eral within five years of the date that the

21 property was repatriated to the United

22 States;

23 ‘‘(iii) the foreign government or those

24 acting at its direction vigorously defended

25 its actions under its own laws; and
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1 ‘‘(iv) the amount of the disbursement

2 does not exceed the amount of funds de3 posited to the Fund, plus interest earned

4 on such funds pursuant to section

5 524(c)(5), less any awards and equitable

6 shares paid by the Fund to the foreign

7 government or those acting at its direction

8 in connection with a particular case.’’; and

9 (3) by striking ‘‘and’’ at the end of subpara10 graph (H).

11 Subtitle G—Streamlining the Inves12 tigation and Prosecution of

13 International Crimes in U.S.

14 Courts

15 SEC. 3111. REIMBURSEMENT OF STATE AND LOCAL LAW

16 ENFORCEMENT AGENCIES IN INTER17 NATIONAL CRIME CASES.

18 The Attorney General is authorized to obligate, as

19 necessary expenses, from any appropriate appropriation

20 account available to the Department of Justice in fiscal

21 year 2001 and thereafter, the cost of reimbursement to

22 state, local or tribal law enforcement agencies for trans23 lation services and related expenses, including transpor24 tation expenses, in cases involving extradition or requests

25 for mutual legal assistance from foreign countries.
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1 SEC. 3112. SAFE CONDUCT FOR FOREIGN WITNESSES TES2 TIFYING IN U.S. COURTS.

3 (a) IN GENERAL.—Chapter 305 of title 18 of the

4 United States Code is amended by adding at the end the

5 following new section:

6 ‘‘§ 4088. Safe conduct for witnesses temporarily in the

7 United States

8 ‘‘(a) The Attorney General may determine that when

9 a person located outside the United States is requested

10 by a Magistrate judge or Federal law enforcement officer

11 to appear and provide testimony or answer questions in

12 the United States in connection with any state or Federal

13 criminal matter, the person shall not be subject to service

14 of process, or be detained or subjected to any restriction

15 of personal liberty, by reason of any acts or convictions

16 which preceded the person’s departure from the foreign

17 jurisdiction.

18 ‘‘(b) The Attorney General may specify in any grant

19 of safe conduct the appropriate duration and conditions

20 thereof. Absent contrary direction by the Attorney Gen21 eral, the safe conduct provided for by this section shall

22 cease seven days after—

23 ‘‘(1) the person completes their testimony or

24 their answers to the questions;

25 ‘‘(2) the requesting Magistrate judge or Federal

26 law enforcement officer has notified either the per-
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1 son or the appropriate authorities in the foreign ju2 risdiction that the person’s presence in the United

3 States is no longer required; or

4 ‘‘(3) when the person leaves the United States;

5 whichever occurs first.

6 ‘‘(c) Absent contrary direction by the Attorney Gen7 eral, persons granted safe conduct—

8 ‘‘(1) shall not be entitled to apply for or obtain

9 any right or remedy under the Immigration and Na10 tionality Act of 1952, as amended, for so long as

11 they are present in the United States pursuant to

12 such grants; and

13 ‘‘(2) may be summarily removed from the

14 United States at the expiration of the safe conduct

15 period upon order of the Attorney General, and such

16 orders shall not be subject to administrative or judi17 cial review.

18 ‘‘(d) A determination by the Attorney General to

19 grant, deny, or condition safe conduct under this section

20 is not subject to judicial review.

21 ‘‘(e) To the extent the provisions of an applicable mu22 tual legal assistance treaty are inconsistent with this sec23 tion, the treaty provisions shall apply.

24 ‘‘(f) For purposes of this section, the term—
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1 ‘‘(1) ‘Magistrate judge’ has the meaning pre2 scribed in rule 54 of the Federal Rules of Criminal

3 Procedure;

4 ‘‘(2) ‘Federal law enforcement officer’ has the

5 meaning prescribed in section 115 of this title: and

6 ‘‘(3) ‘state’ means a state of the United States,

7 the District of Columbia, and any commonwealth,

8 territory, or possession of the United States.’’.

9 (b) CONFORMING AMENDMENT.—The chapter anal10 ysis for Chapter 305 of title 18, United States Code, is

11 amended by inserting the following at the end:

‘‘4088. Safe conduct for witnesses temporarily in the United States.’’.

12 SEC. 3113. PROHIBITING FUGITIVES FROM BENEFITTING

13 FROM TIME SERVED ABROAD.

14 Section 3585 of title 18, United States Code, is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(c) EXCLUSION FOR TIME SERVED ABROAD.—Not18 withstanding subsection (b), a defendant shall receive no

19 credit for any time spent in official detention in a foreign

20 country where—

21 ‘‘(1) the defendant fled from, or remained out22 side of, the United States to avoid prosecution or

23 imprisonment;
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1 ‘‘(2) the United States officially requested the

2 defendant’s return to the United States for prosecu3 tion or imprisonment; and

4 ‘‘(3) the defendant is in custody in the foreign

5 country pending surrender to the United States for

6 prosecution or imprisonment.’’.

7 SEC. 3114. SUSPENSION OF STATUTE OF LIMITATIONS FOR

8 COLLECTION OF EVIDENCE LOCATED

9 ABROAD.

10 Section 3292(b) of title 18, United States Code, is

11 amended to read as follows:

12 ‘‘(b) Except as provided in subsection (c) of this sec13 tion, a period of suspension under this section shall begin

14 on the date on which the official request is made and end

15 on the date on which the foreign court or authority, having

16 taken final action on the request, the decision or results

17 are delivered to the requesting United States authority.’’.

18 SEC. 3115. CLARIFICATION OF DISCRETIONARY NATURE OF

19 PAYMENTS TO INFORMANTS.

20 Subparagraph (a)(2)(B) of section 619 of the Tariff

21 Act of 1930, as amended (19 U.S.C. 1619), is further

22 amended by inserting ‘‘in the sole discretion of the Sec23 retary or his designee,’’ after the semicolon.
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1 SEC. 3116. ENHANCED TOOLS TO INVESTIGATE ILLICIT

2 ARMS TRAFFICKING.

3 (a) Section 40(h) of the Arms Export Control Act

4 (22 U.S.C. 2780(h)) is amended to read, as follows:

5 ‘‘(h) EXEMPTIONS FOR TRANSACTIONS SUBJECT TO

6 NATIONAL SECURITY ACT REPORTING REQUIREMENTS

7 OR ARISING OUT OF A CRIMINAL INVESTIGATION.—The

8 prohibitions contained in this section do not apply with

9 respect to any transaction—

10 ‘‘(1) subject to reporting requirements under

11 Title V of the National Security Act of 1947 (50

12 U.S.C., et seq.); or

13 ‘‘(2) arising out of an investigation by a federal

14 law enforcement agency concerning possible criminal

15 violations of United States law.’’.

16 Subtitle H—Terrorism

17 SEC. 3121. EXPANSION OF THE BIOLOGICAL WEAPONS

18 STATUTE.

19 (a)(1) FINDINGS.—The Congress finds that—

20 (A) certain biological agents and toxins have

21 the potential to pose a severe threat to the nation’s

22 public health and safety, and thereby affect inter23 state and foreign commerce;

24 (B) the Secretary of Health and Human Serv25 ices has published a list of biological agents and tox26 ins that pose a severe threat to the nation’s public
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S 2783 IS

1 health and safety as an appendix to part 72 of title

2 42 of the Code of Federal Regulations;

3 (C) biological agents and toxins can be used as

4 weapons by individuals or organizations for the pur5 pose of domestic or international terrorism or for

6 other criminal purposes;

7 (D) terrorists and other criminals can also

8 harm national security, drain the limited resources

9 of all levels of government devoted to thwarting bio10 logical weapons, and damage interstate and foreign

11 commerce by threatening to use, and by falsely re12 porting efforts to use, biological agents and toxins as

13 weapons;

14 (E) the Biological Weapons Convention requires

15 the United States to take necessary measures within

16 the United States to prohibit and prevent the devel17 opment, production, stockpiling, acquisition or reten18 tion of biological agents and toxins of types and in

19 quantities that have no justification for prophylactic,

20 protective or other peaceful purposes;

21 (F) the mere possession of biological agents and

22 toxins is a potential danger which impacts our obli23 gations under the Biological Weapons Convention

24 and affects interstate and foreign commerce; and
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S 2783 IS

1 (G) persons in possession of harmful biological

2 agents and toxins should handle them in a safe man3 ner and, in the case of agents and toxins listed by

4 the Department of Health and Human Services as

5 posing a severe threat to the nation’s public health

6 and safety, report their possession and the purpose

7 for their possession to the appropriate federal agen8 cy in order to ensure that such possession is for

9 peaceful scientific research or development.

10 (2) PURPOSES.—The purposes of this section are

11 to—

12 (A) strengthen our implementation of the Bio13 logical Weapons Convention and to ensure that bio14 logical agents and toxins are possessed for only

15 peaceful purposes;

16 (B) establish penalties for the false reporting of

17 violations of the biological weapons statute (18

18 U.S.C. 175–178);

19 (C) improve the statutory definitions relating to

20 biological weapons; and

21 (D) provide a death penalty for violations of

22 section 175(a) of title 18, United States Code, where

23 death results from the offense.
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1 (b)(1) ADDITIONAL MEASURES.—Section 175 of title

2 18, United States Code, is amended by adding the fol3 lowing at the end:

4 ‘‘(c) ADDITIONAL PROHIBITIONS RELATING TO BIO5 LOGICAL AGENTS, TOXINS, AND DELIVERY SYSTEMS.—

6 ‘‘(1) UNLAWFUL POSSESSION.—Whoever know7 ingly possesses any biological agent, toxin, or deliv8 ery system of a type or in a quantity that, under the

9 circumstances, is not reasonably justified by a pro10 phylactic, protective or other peaceful purpose, shall

11 be fined under this title, imprisoned not more than

12 10 years, or both. Knowledge of whether the type or

13 quantity of any biological agent, toxin, or delivery

14 system is reasonably justified by a peaceful purpose

15 is not an element of the offense. For purposes of

16 this paragraph, the terms ‘biological agent’ and

17 ‘toxin’ do not encompass any biological agent or

18 toxin that is in its naturally occurring environment,

19 provided that such agent or toxin has not been cul20 tivated, or collected or otherwise extracted from its

21 natural source.

22 ‘‘(2) UNSAFE HANDLING.—

23 ‘‘(A) IN GENERAL.—Whoever, with con24 scious disregard of an unreasonable risk to pub25 lic health and safety, handles an item knowing
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1 it to be a biological agent, toxin, or delivery sys2 tem in a manner which grossly deviates from

3 accepted norms, shall be fined under this title,

4 imprisoned for not more than one year, or both.

5 ‘‘(B) AGGRAVATED OFFENSE.—Whoever in

6 the course of a violation of subparagraph (A)

7 causes bodily injury (as defined in section

8 1365(g)(4) of this title) to any individual (other

9 than the perpetrator) shall be fined under this

10 title or imprisoned not more than 10 years, or

11 both; and, if death results from the offense,

12 shall be fined under this title or imprisoned for

13 any term of years or for life, or both fined and

14 imprisoned.

15 ‘‘(d) FALSE INFORMATION.—

16 ‘‘(1) CRIMINAL VIOLATION.—Whoever commu17 nicates information, knowing the information to be

18 false and under circumstances in which such infor19 mation may reasonably be believed, concerning the

20 existence of activity which would constitute a viola21 tion of subsection (a) or (c) shall be fined under this

22 title or imprisoned not more than five years, or both.

23 ‘‘(2) CIVIL PENALTY.—Whoever communicates

24 information, knowing the information to be false,

25 concerning the existence of activity which would con-
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1 stitute a violation of subsection (a) or (c) is liable

2 to the United States Government for a civil penalty

3 of the greater of $10,000 or the amount of money

4 expended by the United States Government in re5 sponding to the false information.

6 ‘‘(e) REPORTING, TRANSFER AND POSSESSION OF

7 SELECT AGENTS.—

8 ‘‘(1) OBLIGATION TO REPORT.—Any person

9 who possesses a select agent shall report such pos10 session to the designated agency, in the manner pre11 scribed by the designated agency, within 72 hours of

12 the effective date of the regulation issued by that

13 agency pursuant to this paragraph or within 72

14 hours of subsequently obtaining possession of the

15 agent or toxin; provided that, if such person is a

16 registered entity, the reporting, if any, shall be in

17 the manner as otherwise directed by regulation by

18 the designated agency. If a person complies with this

19 provision, there is no obligation for any employee of

20 such person to file a separate report concerning the

21 employee’s possession of a select agent in the work22 place of such person.

23 ‘‘(2) CRIMINAL PENALTY FOR WILLFUL FAIL24 URE TO REPORT.—Any person who willfully fails to

25 make the report required by subsection (e)(1) within
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S 2783 IS

1 the prescribed period shall be fined under this title,

2 imprisoned for not more than 3 years, or both. As

3 used in this paragraph, the term ‘willfully’ means an

4 intentional violation of a known duty to report.

5 ‘‘(3) CIVIL PENALTY FOR FAILURE TO RE6 PORT.—Any person who fails to make the report re7 quired by subsection (e)(1) within the prescribed pe8 riod is liable to the United States Government for a

9 civil penalty of $5,000.

10 ‘‘(4) PENALTY FOR POSSESSION OF UNRE11 PORTED SELECT AGENTS.—Any person who know12 ingly possesses a biological agent or toxin where

13 such agent or toxin is a select agent for which a re14 port required by subsection (e)(1) has not been

15 made shall be fined under this title, imprisoned for

16 not more than one year, or both.

17 ‘‘(5) UNAUTHORIZED TRANSFER OF SELECT

18 AGENTS.—Whoever knowingly transfers a select

19 agent to any person who is not a registered entity

20 shall be fined under this title or imprisoned not

21 more than five years, or both. For purposes of this

22 paragraph, the term ‘transfers’ does not encompass

23 the transfer of a select agent within the workplace

24 between employees of the same registered entity, or

25 between employees of any person who has filed the
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1 report required by paragraph (1), if the transfer is

2 authorized by such entity or person.

3 ‘‘(6) POSSESSION OF SELECT AGENTS BY RE4 STRICTED INDIVIDUALS.—

5 ‘‘(A) PROHIBITION ON POSSESSION.—Ex6 cept as otherwise provided in this section or in

7 section 3121(b)(3)(G) of the 21st Century Law

8 Enforcement and Public Safety Act, no re9 stricted individual shall knowingly possess or

10 attempt to possess any biological agent or toxin

11 where that biological agent or toxin is a select

12 agent.

13 ‘‘(B) PENALTY.—Any individual who vio14 lates subparagraph (A) shall be fined under this

15 title or imprisoned for not more than five years,

16 or both.

17 ‘‘(C) EMPLOYERS OF INDIVIDUALS WHO

18 POSSESS SELECT AGENTS.—Employers of indi19 viduals who will possess select agents in the

20 course of their employment shall require such

21 individuals, prior to being given access to select

22 agents, to complete a form in which the indi23 vidual affirms or denies the existence of each of

24 the restrictions set forth in paragraph (8) of

25 section 178 of this title. In the case of individ-
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1 uals already employed at the time of the enact2 ment of this provision who possess select agents

3 in the course of their employment, employers

4 shall, within 90 days of enactment of this provi5 sion, require those individuals to complete such

6 a form. Such form shall be retained by the em7 ployer for at least five years after the individual

8 terminates his employment with that employer.

9 ‘‘(D) EMPLOYEES.—

10 ‘‘(i) Whoever wilfully and knowingly

11 falsifies or conceals a material fact or

12 makes any materially false, fictitious, or

13 fraudulent statement or representation in

14 completing the form required under sub15 paragraph (C) shall be fined under this

16 title or imprisoned not more than 5 years

17 or both.

18 ‘‘(ii) The prohibition of subparagraph

19 (A) does not apply to possession by a re20 stricted individual of a select agent in the

21 workplace of his employer if the basis for

22 the prohibition relates solely to subpara23 graphs (A) or (B)(i) of paragraph (8) of

24 section 178 of this title and a determina25 tion is made to waive the prohibition in ac-
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S 2783 IS

1 cordance with the rules and procedures es2 tablished pursuant to subsection (f).

3 ‘‘(iii) The prohibition of subparagraph

4 A does not apply to possession by a re5 stricted individual of a select agent in the

6 workplace of his employer if the basis for

7 the prohibition relates solely to subpara8 graphs (B)(ii) or (G) of paragraph (8) of

9 section 178 of this title and is more than

10 five years old (not counting time served

11 while in custody), and a determination is

12 made to waive the prohibition in accord13 ance with the rules and procedures estab14 lished pursuant to subsection (f).

15 ‘‘(iv) For the purposes of this sub16 paragraph, the term ‘employer’ means any

17 person who is a registered entity or has

18 filed the report required by section

19 175(e)(1) of this title and employs a re20 stricted individual.

21 ‘‘(E) CERTAIN NON-PERMANENT RESIDENT

22 ALIENS.—The prohibition of subparagraph (A)

23 does not apply to possession by a restricted in24 dividual of a select agent if the basis for the

25 prohibition relates solely to subparagraph (F)
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S 2783 IS

1 of paragraph (8) of section 178 of this title,

2 and the restricted individual has received a

3 waiver from the agency designated to carry out

4 the functions of this subparagraph. The des5 ignated agency may issue a waiver if it deter6 mines, in consultation with the Attorney Gen7 eral, that a waiver is in the public interest.

8 ‘‘(f) WAIVERS OF RESTRICTIONS ON POSSESSION OF

9 SELECT AGENTS IN COURSE OF EMPLOYMENT.—The

10 agency designated to carry out this subsection, after con11 sultation with appropriate agencies, with representatives

12 of the scientific and medical community, and with other

13 appropriate public and private entities and organizations

14 (including consultation concerning employment practices

15 in working with select agents), shall establish the rules

16 and procedures governing waivers of the provisions of sub17 section (e)(6)(A) with respect to possession of select

18 agents by restricted individuals in the course of employ19 ment. Such rules and procedures shall address, among

20 other matters as found appropriate by the designated

21 agency, whether (or the circumstances under or the extent

22 to which) the determination to grant a waiver shall be re23 served to the Government, or may be made by the em24 ployer (either with or without consultation with the Gov25 ernment).
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1 ‘‘(g) REIMBURSEMENT OF COSTS.—

2 ‘‘(1) CONVICTED DEFENDANT.—

3 ‘‘(A) SUBSECTION (a), (c), OR (e).—The

4 court shall order any person convicted of an of5 fense under subsection (a), (c) or (e) to reim6 burse the United States for any expenses in7 curred by the United States incident to the sei8 zure, storage, handling, transportation, and de9 struction or other disposal of any property that

10 was seized in connection with an investigation

11 of the commission of such offense by that per12 son.

13 ‘‘(B) SUBSECTION (d)(1).—The court shall

14 order any person convicted of an offense under

15 subsection (d)(1) to reimburse the United

16 States for any expenses incurred by the United

17 States incident to the investigation of the com18 mission by that person of such offense, includ19 ing the cost of any response made by any fed20 eral military or civilian agency to protect public

21 health or safety.

22 ‘‘(2) OWNER LIABILITY.—The owner or pos23 sessor of any property seized and forfeited under

24 this chapter shall be liable to the United States for

25 any expenses incurred incident to the seizure and
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1 forfeiture, including any expenses relating to the

2 handling, storage, transportation, and destruction or

3 other disposition of the seized and forfeited property.

4 ‘‘(3) JOINTLY AND SEVERALLY LIABLE.—A

5 person ordered to reimburse the United States for

6 expenses under this chapter shall be jointly and sev7 erally liable for such expenses with each other per8 son, if any, who is ordered under this subsection to

9 reimburse the United States for the same ex10 penses.’’.

11 (2) TECHNICAL CLARIFICATION.—

12 (A) Section 176(a)(1)(A) of title 18, United

13 States Code, is amended by striking ‘‘exists by rea14 son of’’ and inserting ‘‘pertains to’’.

15 (B) Section 175(a) of title 18, United States

16 Code, is amended by striking ‘‘section’’ and inserting

17 ‘‘subsection’’.

18 (3)(A) DESIGNATION OF RESPONSIBLE AGENCIES.—

19 Within 60 days of the date of enactment of this Act, the

20 President shall designate—

21 (i) the agency responsible for prescribing the

22 regulation required by section 175(e)(1) of title 18,

23 United States Code;
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1 (ii) the agency responsible for granting the

2 waivers under the provisions of section 175(e)(6)(E)

3 of title 18, United States Code; and

4 (iii) the agency responsible for implementing

5 the waiver provisions of section 175(f) of title 18,

6 United States Code.

7 (B) REGULATIONS.—The agencies designated pursu8 ant to subparagraph (A)—

9 (i) shall issue proposed rules not later than 90

10 days after the date of the President’s designation;

11 and

12 (ii) shall issue final rules not later than 270

13 days after the date of the enactment of this Act.

14 (C) INSPECTIONS.—The agency designated pursuant

15 to subparagraph (A)(i) may inspect the facilities of any

16 person who files a report required by section 175(e)(1)

17 of title 18, United States Code, to determine whether the

18 person is handling the select agent in a safe manner,

19 whether he is holding such agent for a peaceful purpose,

20 and whether the type and quantity being held are reason21 able for that purpose. Any agency designated pursuant to

22 paragraph (3)(A) may inspect any form required by sub23 paragraph (C) and any documentation relating to a deter24 mination made pursuant to subparagraph (D) of section

25 175(e)(6) of title 18, United States Code.
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1 (D) FREEDOM OF INFORMATION ACT EXEMPTION.—

2 Any information provided to the Secretary of Health and

3 Human Services pursuant to regulations issued under sec4 tion 511(f) of the Antiterrorism and Effective Death Pen5 alty Act of 1996 (42 CFR 72.6) or to the designated agen6 cy under section 175(e)(1) of title 18, United States Code,

7 shall not be disclosed under section 552(a) of title 5,

8 United States Code, except that the Secretary or the des9 ignated agency may use and disclose such information to

10 protect the public health, and shall also disclose any such

11 relevant information to the Attorney General for use in

12 any investigation or other proceeding to enforce any law

13 relating to select agents or any other law. Any such infor14 mation shall be made available to any committee or sub15 committee of Congress with appropriate jurisdiction upon

16 the written request of the chairman or ranking minority

17 member of such committee or subcommittee, except that

18 no such committee or subcommittee, and no member and

19 no staff member of such committee or subcommittee, shall

20 disclose such information except as otherwise required or

21 authorized by law.

22 (E) CLARIFICATION OF THE SCOPE OF THE SELECT

23 AGENT RULE.—Section 511 of the Antiterrorism and Ef24 fective Death Penalty Act of 1996 (Public Law 104–132)

25 is amended by—
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1 (i) in subsections (a), (d), (e), inserting—

2 (I) ‘‘and toxins’’ after ‘‘agents’’ each time

3 it appears; and

4 (II) ‘‘or toxin’’ after ‘‘agent’’ each time it

5 appears; and

6 (ii) in subsection (g)(1), striking ‘‘the term ‘bio7 logical agent’ has’’ and inserting ‘‘the terms ‘biologi8 cal agent’ and ‘toxin’ have’’.

9 (F) EFFECTIVE DATES.—

10 (i) The effective date for paragraph (D) shall

11 be the same as the effective date for the final rule

12 issued pursuant to section 511(d)(1) of the

13 Antiterrorism and Effective Death Penalty Act of

14 1996 (Public Law 104–132).

15 (ii) The effective date for the changes made by

16 paragraph (E) shall be as if they had been included

17 in the enactment of section 511 of the Antiterrorism

18 and Effective Death Penalty Act of 1996 (Public

19 Law 104–132).

20 (G) TRANSITIONAL EXEMPTIONS.—

21 (i) The prohibition created by section

22 175(e)(6)(A) of title 18, United States Code, shall

23 not apply to the possession of a select agent in the

24 workplace of an employer (as defined in section

25 175(e)(6)(D)(iv) of title 18, United States Code) by
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1 a restricted individual as defined in section

2 178(8)(A), (B), or (G) of title 18, United States

3 Code, until the effective date of the regulations

4 issued to implement section 175(f) of title 18,

5 United States Code, or 270 days after the enact6 ment of this section (section 3121), whichever comes

7 first.

8 (ii) The prohibition created by section

9 175(e)(6)(A) of title 18, United States Code, shall

10 not apply to the possession of a select agent by a re11 stricted individual as defined in section 178(8)(F) of

12 title 18, United States Code, until the effective date

13 of the regulations issued to implement section

14 175(e)(6)(E) of title 18, United States Code, or 270

15 days after the enactment of this section (section

16 3121), whichever comes first.

17 (c)(1) DEFINITIONAL AMENDMENTS TO 18 U.S.C.

18 178.—Section 178 of title 18, United States Code, is

19 amended by—

20 (A) in paragraph (1), striking ‘‘means any

21 microorganism, virus, or infectious substance, or bio22 logical product that may be engineered as a result

23 of biotechnology, or any naturally occurring or bio24 engineered component of any such microorganism,

25 virus, infectious substance, or biological product’’
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1 and inserting the following: ‘‘means any microorga2 nism (including, but not limited to, bacteria, viruses,

3 fungi, rickettsiae or protozoa), or infectious sub4 stance, or any naturally occurring, bioengineered or

5 synthesized component of any such microorganism

6 or infectious substance’’;

7 (B) in paragraph (2), striking ‘‘means the toxic

8 material of plants, animals, microorganisms, viruses,

9 fungi, or infectious substances, or a recombinant

10 molecule, whatever its origin or method of produc11 tion, including’’ and inserting the following: ‘‘means

12 the toxic material or product of plants, animals,

13 microorganisms (including, but not limited to, bac14 teria, viruses, fungi, rickettsiae or protozoa), or in15 fectious substances, or a recombinant or synthesized

16 molecule, whatever their origin and method of pro17 duction, and includes’’;

18 (C) in paragraph (4), striking ‘‘recombinant

19 molecule, or biological product that may be engi20 neered as a result of biotechnology’’ and inserting

21 ‘‘recombinant or synthesized molecule’’; and

22 (D)(i) striking the ‘‘and’’ at the end of para23 graph (4);

24 (ii) striking the period at the end of paragraph

25 (5) and inserting ‘‘; and’’; and
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1 (iii) inserting at the end the following new

2 paragraphs:

3 ‘‘(6) the term ‘select agent’ means a biological

4 agent or toxin that is on the list established by the

5 Secretary of Health and Human Services pursuant

6 to section 511(d)(1) of the Antiterrorism and Effec7 tive Death Penalty Act of 1996 (Public Law 104–

8 132) (a ‘‘select agent’’ defined in 42 CFR 72.6(j)

9 which is not exempted under 42 CFR 72.6(h) or ap10 pendix A to part 72); provided, the term does not

11 include any such biological agent or toxin that is in

12 its naturally occurring environment if the biological

13 agent or toxin has not been cultivated, collected or

14 otherwise extracted from its natural source;

15 ‘‘(7) the term ‘registered entity’ means a reg16 istered facility, or a certified laboratory exempted

17 from registration, pursuant to the regulations pro18 mulgated by the Secretary of Health and Human

19 Services under section 511(f) of the Antiterrorism

20 and Effective Death Penalty Act of 1996 (42 CFR

21 72.6(a), 72.6(h));

22 ‘‘(8) the term ‘restricted individual’ means an

23 individual who—
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1 ‘‘(A) is under indictment for a crime pun2 ishable by imprisonment for a term exceeding

3 one year;

4 ‘‘(B) has been convicted in any court of a

5 crime—

6 ‘‘(i) punishable by imprisonment for a

7 term exceeding one year but not more than

8 five years; or

9 ‘‘(ii) punishable by imprisonment for

10 a term exceeding five years;

11 ‘‘(C) is a fugitive from justice;

12 ‘‘(D) is an unlawful user of any controlled

13 substance (as defined in section 102 of the Con14 trolled Substances Act (21 U.S.C. 802));

15 ‘‘(E) is an alien illegally or unlawfully in

16 the United States;

17 ‘‘(F) is an alien (other than an alien law18 fully admitted for permanent residence) who is

19 a national of a country as to which the Sec20 retary of State, pursuant to section 6(j) of the

21 Export Administration Act, as amended (50

22 U.S.C. App. 6(j)) (or its successor law), section

23 620A of chapter 1 of part III of the Foreign

24 Assistance Act of 1961, as amended (22 U.S.C.

25 2371), or section 40(d) of chapter 3 of the
237

S 2783 IS

1 Arms Export Control Act, as amended (22

2 U.S.C. 2780(d)), has made a determination,

3 which remains in effect, that such country sup4 ports international terrorism; or

5 ‘‘(G) has been discharged from the Armed

6 Forces of the United States under dishonorable

7 conditions;

8 ‘‘(9) the term ‘alien’ has the same meaning as

9 in section 101(a)(3) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a)(3));

11 ‘‘(10) the term ‘lawfully admitted for perma12 nent residence’ has the same meaning as in section

13 101(a)(20) of the Immigration and Nationality Act

14 (8 U.S.C. 1101(a)(20)); and

15 ‘‘(11) the term ‘designated agency’ means—

16 ‘‘(A) except as provided in subparagraphs

17 (B) and (C), the agency designated by the

18 President under subsection (b)(3)(A)(i) of sec19 tion 3121 of the 21st Century Law Enforce20 ment and Public Safety Act’’;

21 ‘‘(B) for purposes of section 175(e)(6)(E)

22 of this title, the agency designated by the Presi23 dent under subsection (b)(3)(A)(ii) of such sec24 tion 3121; and
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1 ‘‘(C) for purposes of section 175(f) of this

2 title, the agency designated by the President

3 under subsection (b)(3)(A)(iii) of such section

4 3121.’’.

5 (2) DEFINITIONAL AMENDMENTS TO 18 U.S.C.

6 2332a.—Section 2332a of title 18, United States Code,

7 is amended by—

8 (A) in subsection (a), striking ‘‘, including any

9 biological agent, toxin, or vector (as those terms are

10 defined in section 178)’’; and

11 (B) in subparagraph (c)(2)(C), striking ‘‘a dis12 ease organism’’ and inserting ‘‘any biological agent,

13 toxin, or vector (as those terms are defined in sec14 tion 178 of this title)’’.

15 (d) DEATH PENALTY.—Section 175(a) of title 18,

16 United States Code, is amended by adding at the end

17 thereof: ‘‘If death results from a violation of this sub18 section, then the individual shall be guilty of an aggra19 vated offense and shall be fined under this title or impris20 oned for life or any term of years, or both, or sentenced

21 to death.’’.
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1 SEC. 3122. RAIL AND MASS TRANSPORTATION ANTI-TER2 RORISM AND VIOLENCE.

3 (a) TITLE.—This section may be cited as the ‘‘Rail

4 and Mass Transportation Anti-Terrorism and Violence

5 Prevention Act of 2000’’.

6 (b) PURPOSE.—The purpose of this Act is to protect

7 the passengers and employees of railroad carriers and

8 mass transportation systems, and the movement of freight

9 by railroad, from terrorist attacks and other acts of vio10 lence.

11 (c) AMENDMENTS TO THE ‘‘WRECKING TRAINS’’

12 STATUTE.— Section 1992 of title 18, United States Code,

13 is amended to read as follows:

14 ‘‘SEC. 1992. TERRORIST ATTACKS AND OTHER ACTS OF VIO15 LENCE AGAINST RAILROAD CARRIERS.

16 ‘‘(a) GENERAL PROHIBITIONS.— Whoever willfully—

17 ‘‘(1) wrecks, derails, sets fire to, or disables any

18 train, locomotive, motor unit, or freight or passenger

19 car used, operated, or employed by a railroad car20 rier;

21 ‘‘(2) brings, carries, possesses, places or causes

22 to be placed any biological agent or toxin for use as

23 a weapon, destructive substance, or destructive de24 vice in, upon, or near any train, locomotive, motor

25 unit, or freight or passenger car used, operated, or

26 employed by a railroad carrier, without previously
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1 obtaining the permission of the carrier, and with in2 tent to endanger the safety of any passenger or em3 ployee of the carrier, or with a reckless disregard for

4 the safety of human life;

5 ‘‘(3) sets fire to, or places any biological agent

6 or toxin for use as a weapon, destructive substance,

7 or destructive device in, upon or near, or undermines

8 any tunnel, bridge, viaduct, trestle, track, signal,

9 station, depot, warehouse, terminal, or any other

10 way, structure, property, or appurtenance used in

11 the operation of, or in support of the operation of,

12 a railroad carrier, or otherwise makes any such tun13 nel, bridge, viaduct, trestle, track, station, depot,

14 warehouse, terminal, or any other way, structure,

15 property, or appurtenance unworkable or unusable

16 or hazardous to work or use, without previously ob17 taining the permission of the carrier, and knowing

18 or having reason to know such activity would likely

19 derail, disable, or wreck a train, locomotive, motor

20 unit, or freight or passenger car used, operated, or

21 employed by a railroad carrier;

22 ‘‘(4) removes appurtenances from, damages, or

23 otherwise impairs the operation of any railroad sig24 nal system, including a train control system, central25 ized dispatching system, or highway-railroad grade
241

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1 crossing warning signal on a railroad line used, op2 erated, or employed by a railroad carrier;

3 ‘‘(5) interferes with, disables or incapacitates

4 any dispatcher, locomotive engineer, conductor, or

5 other person while they are employed in dispatching,

6 operating or maintaining a train, locomotive, motor

7 unit, or freight or passenger car used, operated, or

8 employed by a railroad carrier, with intent to endan9 ger the safety of any passenger or employee of the

10 carrier, or with a reckless disregard for the safety of

11 human life;

12 ‘‘(6) commits an act, including the use of a

13 dangerous weapon, with the intent to cause death or

14 serious bodily injury to an employee or passenger of

15 a railroad carrier or any other person while any of

16 the foregoing are on the property of a railroad car17 rier;

18 ‘‘(7) causes the release of a hazardous material

19 on the property of a railroad carrier, with the intent

20 to endanger the safety of any person, or with a reck21 less disregard for the safety of human life;

22 ‘‘(8) conveys or causes to be conveyed false in23 formation, knowing the information to be false, con24 cerning an attempt or alleged attempt being made or
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1 to be made, to do any act which would be a crime

2 prohibited by this subsection; or

3 ‘‘(9) attempts, threatens, or conspires to do any

4 of the aforesaid acts;

5 shall be fined under this title or imprisoned not more than

6 twenty years, or both, if such act is committed, or in the

7 case of a threat or conspiracy such act would be com8 mitted, on, against, or affecting a railroad carrier engaged

9 in or affecting interstate or foreign commerce, or if in the

10 course of committing such acts, that person travels or

11 communicates across a State line in order to commit such

12 acts, or transports materials across a State line in aid of

13 the commission of such acts.

14 ‘‘(b) AGGRAVATED OFFENSES.—Provided however, if

15 a violation of subsection (a) also—

16 ‘‘(1) involved a railroad train that carried high

17 level radioactive waste or spent nuclear fuel at the

18 time of the offense, whoever committed that offense

19 shall be fined under this title or imprisoned for not

20 less than thirty years or for life, or both;

21 ‘‘(2) involved a railroad train that was carrying

22 passengers at the time of the offense, whoever com23 mitted that offense shall be fined under this title or

24 imprisoned for life, or both; and
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1 ‘‘(3) resulted in the death of any person, who2 ever committed the offense shall be fined under this

3 title, imprisoned for life, or both, or sentenced to

4 death.

5 ‘‘(c) PROHIBITION AGAINST PROPELLING OB6 JECTS.—Whoever willfully or recklessly throws, shoots, or

7 propels a rock, stone, brick, or piece of iron, steel, or other

8 metal or any deadly or dangerous object, or biological

9 agent or toxin for use as a weapon, or destructive sub10 stance, or destructive device at any locomotive or car of

11 a train, knowing or having reason to know such activity

12 would likely cause personal injury, shall be fined under

13 this title or imprisoned for not more than five years, or

14 both, if such act is committed on or against a railroad

15 carrier engaged in or affecting interstate or foreign com16 merce, or if in the course of committing such act, that

17 person travels or communicates across a State line in

18 order to commit such act, or transports materials across

19 a State line in aid of the commission of such act. Whoever

20 is convicted of any crime prohibited by this subsection

21 shall also be subject to imprisonment for not more than

22 twenty years if the offense has resulted in the death of

23 any person.

24 ‘‘(d) DEFINITIONS.—In this section—
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1 ‘‘(1) ‘biological agent’ has the meaning given to

2 that term in section 178(1) of this title;

3 ‘‘(2) ‘dangerous weapon’ has the meaning given

4 to that term in section 930 of this title;

5 ‘‘(3) ‘destructive device’ has the meaning given

6 to that term in section 921(a)(4) of this title;

7 ‘‘(4) ‘destructive substance’ has the meaning

8 given to that term in section 31 of this title, except

9 that (A) the term ‘radioactive device’ does not in10 clude any radioactive device or material used solely

11 for medical, industrial, research, or other peaceful

12 purposes, and (B) ‘destructive substance’ includes

13 any radioactive device or material that can be used

14 to cause a harm listed in subsection (a) and that is

15 not in use solely for medical, industrial, research, or

16 other peaceful purposes;

17 ‘‘(5) ‘for use as a weapon’ has the meaning

18 given to that term in section 175 of this title;

19 ‘‘(6) ‘hazardous material’ has the meaning

20 given to that term in section 5102(2) of title 49,

21 United States Code;

22 ‘‘(7) ‘high-level radioactive waste’ has the

23 meaning given to that term in section 10101(12) of

24 title 42, United States Code;
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1 ‘‘(8) ‘railroad’ has the meaning given to that

2 term in section 20102(1) of title 49, United States

3 Code;

4 ‘‘(9) ‘railroad carrier’ has the meaning given to

5 that term in section 20102(2) of title 49, United

6 States Code;

7 ‘‘(10) ‘serious bodily injury’ has the meaning

8 given to that term in section 1365 of this title;

9 ‘‘(11) ‘spent nuclear fuel’ has the meaning

10 given to that term in section 10101(23) of title 42,

11 United States Code;

12 ‘‘(12) ‘State’ has the meaning given to that

13 term in section 2266 of this title; and

14 ‘‘(13) ‘toxin’ has the meaning given to that

15 term in section 178(2) of this title.’’.

16 (d) CONFORMING AMENDMENT.—In the analysis of

17 chapter 97 of title 18, United States Code, item ‘‘1992’’

18 is amended to read:

‘‘1992. Terrorist attacks and other acts of violence against railroad carriers.’’.

19 (e) TERRORIST ATTACKS AND OTHER ACTS OF VIO20 LENCE AGAINST MASS TRANSPORTATION SYSTEMS.—

21 Chapter 97 of title 18, United States Code, is amended

22 by adding at the end thereof the following new section:
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1 SEC. 1993. TERRORIST ATTACKS AND OTHER ACTS OF VIO2 LENCE AGAINST MASS TRANSPORTATION

3 SYSTEMS.

4 ‘‘(a) GENERAL PROHIBITIONS.—Whoever willfully—

5 ‘‘(1) wrecks, derails, sets fire to, or disables a

6 mass transportation vehicle or ferry;

7 ‘‘(2) places or causes to be placed any biological

8 agent or toxin for use as a weapon, destructive sub9 stance, or destructive device in, upon, or near a

10 mass transportation vehicle or ferry, without pre11 viously obtaining the permission of the mass trans12 portation provider, and with intent to endanger the

13 safety of any passenger or employee of the mass

14 transportation provider, or with a reckless disregard

15 for the safety of human life;

16 ‘‘(3) sets fire to, or places any biological agent

17 or toxin for use as a weapon, destructive substance,

18 or destructive device in, upon, or near any garage,

19 terminal, structure, supply, or facility used in the

20 operation of, or in support of the operation of, a

21 mass transportation vehicle or ferry, without pre22 viously obtaining the permission of the mass trans23 portation provider, and knowing or having reason to

24 know such activity would likely derail, disable, or

25 wreck a mass transportation vehicle or ferry used,
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1 operated, or employed by the mass transportation

2 provider;

3 ‘‘(4) removes appurtenances from, damages, or

4 otherwise impairs the operation of a mass transpor5 tation signal system, including a train control sys6 tem, centralized dispatching system, or rail grade

7 crossing warning signal;

8 ‘‘(5) interferes with, disables or incapacitates

9 any dispatcher, driver, captain, or person while they

10 are employed in dispatching, operating, or maintain11 ing a mass transportation vehicle or ferry, with in12 tent to endanger the safety of any passenger or em13 ployee of the mass transportation provider, or with

14 a reckless disregard for the safety of human life;

15 ‘‘(6) commits an act, including the use of a

16 dangerous weapon, with the intent to cause death or

17 serious bodily injury to an employee or passenger of

18 a mass transportation provider or any other person

19 while any of the foregoing are on the property of a

20 mass transportation provider;

21 ‘‘(7) conveys or causes to be conveyed false in22 formation, knowing the information to be false, con23 cerning an attempt or alleged attempt being made or

24 to be made, to do any act which would be a crime

25 prohibited by this subsection; or
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1 ‘‘(8) attempts, threatens, or conspires to do any

2 of the aforesaid acts;

3 shall be fined under this title or imprisoned not more than

4 twenty years, or both, if such act is committed, or in the

5 case of a threat or conspiracy such act would be com6 mitted, on, against, or affecting a mass transportation

7 provider engaged in or affecting interstate or foreign com8 merce, or if in the course of committing such act, that

9 person travels or communicates across a State line in

10 order to commit such act, or transports materials across

11 a State line in aid of the commission of such act. Whoever

12 violates this subsection under the following circumstances

13 shall be guilty of an aggravated form of the offense: (i)

14 if the mass transportation vehicle or ferry was carrying

15 a passenger at the time of the offense, then whoever com16 mitted that offense shall be fined under this title or im17 prisoned for a term of years or for life, or both; (ii) if

18 the offense has resulted in the death of any person, then

19 whoever committed the offense shall be fined under this

20 title or imprisoned for life, or both, or sentenced to death.

21 ‘‘(b) PROHIBITION AGAINST PROPELLING OB22 JECTS.—Whoever willfully or recklessly throws, shoots, or

23 propels a rock, stone, brick, or piece of iron, steel, or other

24 metal or any deadly or dangerous object, or biological

25 agent or toxin for use as a weapon, or destructive sub-
249

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1 stance, or destructive device at any mass transportation

2 vehicle or ferry, knowing or having reason to know such

3 activity would likely cause personal injury, shall be fined

4 under this title or imprisoned for not more than five years,

5 or both, if such act is committed on or against a mass

6 transportation provider engaged in or affecting interstate

7 or foreign commerce, or if in the course of committing

8 such acts, that person travels or communicates across a

9 State line in order to commit such acts, or transports ma10 terials across a State line in aid of the commission of such

11 acts. Whoever is convicted of any crime prohibited by this

12 subsection shall also be subject to imprisonment for not

13 more than twenty years if the offense has resulted in the

14 death of any person.

15 ‘‘(c) DEFINITIONS.—In this section—

16 ‘‘(1) ‘biological agent’ has the meaning given to

17 that term in section 178(1) of this title;

18 ‘‘(2) ‘dangerous weapon’ has the meaning given

19 to that term in section 930 of this title;

20 ‘‘(3) ‘destructive device’ has the meaning given

21 to that term in section 921(a)(4) of this title;

22 ‘‘(4) ‘destructive substance’ has the meaning

23 given to that term in section 31 of this title, except

24 that—
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1 ‘‘(A) the term ‘radioactive device’ does not

2 include any radioactive device or material used

3 solely for medical, industrial, research, or other

4 peaceful purposes; and

5 ‘‘(B) ‘destructive substance’ includes any

6 radioactive device or material that can be used

7 to cause a harm listed in subsection (a) and

8 that is not in use solely for medical, industrial,

9 research, or other peaceful purposes;

10 ‘‘(5) ‘for use as a weapon’ has the meaning

11 given to that term in section 175 of this title;

12 ‘‘(6) ‘mass transportation’ has the meaning

13 given to that term in section 5302(a)(7) of title 49,

14 United States Code, except that the term shall in15 clude schoolbus, charter, and sightseeing transpor16 tation;

17 ‘(7) ‘serious bodily injury’ has the meaning

18 given to that term in section 1365 of this title;

19 ‘‘(8) ‘State’ has the meaning given to that term

20 in section 2266 of this title; and

21 ‘‘(9) ‘toxin’ has the meaning given to that term

22 in section 178(2) of this title.’’.

23 (f) CONFORMING AMENDMENT.—The analysis of

24 chapter 97 of title 18, United States Code, is amended

25 by adding at the end:
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‘‘1993. Terrorist attacks and other acts of violence against mass transportation systems.’’.

1 TITLE IV—PROTECTING AMERI2 CANS AND SUPPORTING VIC3 TIMS OF CRIME

4 Subtitle A—Violence Against

5 Women

6 SEC. 4001. REAUTHORIZATION OF STOP GRANTS.

7 (a) REAUTHORIZATION.—Section 1001(a)(18) of title

8 I of the Omnibus Crime Control and Safe Streets Act of

9 1968 (42 U.S.C. 3793(a)(18)) is amended to read as fol10 lows:

11 ‘‘(18) There are authorized to be appropriated

12 to carry out part T—

13 ‘‘(A) 220,000,000 for fiscal year 2001;

14 ‘‘(B) such sums as may be necessary for

15 fiscal year 2002;

16 ‘‘(C) such sums as may be necessary for

17 fiscal year 2003;

18 ‘‘(D) such sums as may be necessary for

19 fiscal year 2004; and

20 ‘‘(E) such sums as may be necessary for

21 fiscal year 2005.’’.

22 (b) PURPOSES FOR WHICH GRANTS MAY BE

23 USED.—Section 2001(b)(5) of Part T of title I of the Om24 nibus Crime Control and Safe Streets Act of 1968 (42
252

S 2783 IS

1 U.S.C. 3796gg et seq.) is amended by inserting ‘‘, and

2 individuals with disabilities (as defined in section 3 of the

3 Americans with Disabilities Act of 1990 (42 U.S.C.

4 12102) and other underserved populations’’ after ‘‘devel5 oping or improving delivery of victim services to racial,

6 cultural, ethnic, and language minorities’’.

7 (c) LAW ENFORCEMENT AND PROSECUTION

8 GRANTS.—Part T of title I of the Omnibus Crime Control

9 and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.)

10 is amended—

11 (1) in section 2001(b)—

12 (A) by striking ‘‘and’’ at the end of sub13 section (b)(6);

14 (B) by striking the period at the end of

15 subsection (b)(7), and inserting ‘‘; and’’; and

16 (C) by inserting after subsection (b)(7) the

17 following:

18 ‘‘(8) developing, implementing, or supporting

19 public education campaigns that recognize domestic

20 violence and sexual assault as crimes, so long as the

21 funding of such public education efforts does not de22 tract from the provision of direct services to victims

23 of violent crimes against women.’’;

24 (2) in section 2002(b)—
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1 (A) in paragraph (1), by striking ‘‘4 per2 cent’’ and by inserting ‘‘5 percent’’;

3 (B) by redesignating paragraphs (2) and

4 (3) as paragraphs (3) and (4); and

5 (C) by inserting after paragraph (1) the

6 following:

7 ‘‘(2) 2 percent may be used for grants for State

8 coalitions as defined in section 2003(7), with the co9 alition for each State, the coalition for the District

10 of Columbia, the coalition for the Commonwealth of

11 Puerto Rico, and the coalition for the combined Ter12 ritories of the United States each receiving an

amount equal to 1 13 ⁄53 of the total amount made avail14 able under this paragraph for each fiscal year;’’;

15 (3) in section 2003—

16 (A) in paragraph (7), by striking ‘‘phys17 ical’’;

18 (B) by redesignating paragraphs (6), (7)

19 and (8) as paragraphs (8), (9) and (10); and

20 (C) by inserting after paragraph (5) the

21 following:

22 ‘‘(6) the term ‘court’ means a public agency

23 having civil or criminal jurisdiction to make adju24 dications, including such agency’s component bu-
254

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1 reaus (such as court intake programs for domestic

2 violence victims);

3 ‘‘(7) for purposes of this section, the term

4 ‘‘State domestic violence coalition’’ means a State

5 domestic violence coalition as determined by the Sec6 retary of Health and Human Services under the

7 Family Violence Prevention and Services Act (42

8 U.S.C. 10410 et seq.) and the term ‘State sexual as9 sault coalition’ means a State sexual assault coali10 tion as determined by the Secretary of Health and

11 Human Services under the Public Health Service

12 Act;’’.

13 (d) REALLOTMENT OF FUNDS.—Section 2002(e) of

14 the Omnibus Crime Control and Safe Streets Act of 1968

15 (42 U.S.C. 3796gg–1(e)) is amended by adding at the end

16 the following:

17 ‘‘(3) REALLOTMENT OF FUNDS.—If, at the end

18 of the 2 year project period, any amount set aside

19 for law enforcement, prosecution, and courts re20 mains unobligated, the unobligated amount shall be

21 reallocated by a State to support nonprofit, non22 governmental victim services projects without regard

23 to subsection (c)(3) of this section.’’.
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1 (e) DEFINITIONS.—Section 2003(8) of the Omnibus

2 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3 3796gg–2) is amended—

4 (1) in paragraph (1) by inserting ‘‘by a person

5 with whom the victim has engaged in a social rela6 tionship of a romantic or intimate nature’’ after

7 ‘‘child in common,’’; and

8 (2) in paragraph (3) by striking ‘‘assisting do9 mestic violence or sexual assault victims through the

10 legal process’’ and inserting ‘‘providing assistance

11 for victims seeking legal, economic, health care or

12 social services, except that the term does not include

13 any program or activity that is targeted primarily

14 for offenders’’.

15 SEC. 4002. ROLE OF THE COURTS.

16 (a) COURTS AS ELIGIBLE STOP SUBGRANTEES.—

17 Part T of title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is

19 amended—

20 (1) in section 2001—

21 (A) in subsection (a)—

22 (i) by inserting ‘‘State and local

23 courts,’’ after ‘‘States,’’;

24 (ii) by inserting ‘‘tribal courts,’’ after

25 ‘‘Indian tribal governments,’’.
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1 (B) in subsection (b)—

2 (i) in each of paragraphs (1) and (2),

3 by inserting ‘‘, judges and other court per4 sonnel,’’ after ‘‘law enforcement officers’’;

5 and

6 (ii) in paragraph (3), by inserting ‘‘,

7 court,’’ after ‘‘police’’; and (2) in section

8 2002—

9 (A) in subsection (a), by inserting ‘‘State

10 and local courts,’’ after ‘‘States,’’ the second

11 place it appears;

12 (B) in subsection (c), by amending para13 graph (3) to read as follows:

14 ‘‘(3) of the amount granted—

15 ‘‘(A) not less than 25 percent each shall be

16 allocated to police and prosecutors;

17 ‘‘(B) not less than 30 percent shall be allo18 cated to victim services; and

19 ‘‘(C) not less than 10 percent shall be allo20 cated for State and local courts;’’; and

21 (C) in subsection (d)(1), by inserting

22 ‘‘court,’’ after ‘‘law enforcement,’’.

23 (b) REAUTHORIZATION OF STATE JUSTICE INSTI24 TUTE GRANTS.—Chapter 1 of subtitle D of the Violence
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1 Against Women Act of 1994 (42 U.S.C. 13991 et seq.)

2 is amended—

3 (1) in section 40412—

4 (A) in paragraph (6), by inserting ‘‘stereo5 typing of individuals with disabilities (as de6 fined in section 3 of the Americans with Dis7 abilities Act of 1990 (42 U.S.C. 12102)) who

8 are victims of rape, sexual assault, abuse, or

9 domestic violence,’’ before ‘‘racial stereotyping’’;

10 (B) in paragraph (13), by inserting ‘‘or

11 among individuals with disabilities (as defined

12 in section 3 of the Americans with Disabilities

13 Act of 1990 (42 U.S.C. 12102)),’’ after ‘‘socio14 economic groups,’’;

15 (C) in paragraph (18), by striking ‘‘and’’

16 at the end;

17 (D) in paragraph (19), by striking the pe18 riod at the end and inserting a semicolon; and

19 (E) by adding at the end the following:

20 ‘‘(20) domestic violence and child abuse in cus21 tody determinations and stereotypes regarding the

22 fitness of individuals with disabilities (as defined in

23 section 3 of the Americans with Disabilities Act of

24 1990 (42 U.S.C. 12102)) to retain custody of chil25 dren in domestic violence cases;
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1 ‘‘(21) promising practices in the vertical man2 agement of domestic violence offender cases; and

3 ‘‘(22) issues relating to violence against and

4 abuse of individuals with disabilities (as defined in

5 section 3 of the Americans with Disabilities Act of

6 1990 (42 U.S.C. 12102)), including the nature of

7 physical, mental, and communications disabilities,

8 the special vulnerability to violence of individuals

9 with disabilities, and the types of violence and abuse

10 experienced by individuals with disabilities.’’; and

11 (2) in section 40414, by amending subsection

12 (a) to read as follows:

13 ‘‘(a) IN GENERAL.—There are authorized to be ap14 propriated to carry out this chapter—

15 ‘‘(1) $700,000 for fiscal year 2001; and

16 ‘‘(2) such sums as may be necessary for each

17 of fiscal years 2002 through 2005.’’.

18 (c) FEDERAL JUDICIAL PERSONNEL.—In carrying

19 out section 620(b)(3) of title 28, United States Code, the

20 Federal Judicial Center, shall include in its educational

21 and training programs, including the training programs

22 for newly appointed judges, information on the topics list23 ed in section 40412 of the Equal Justice for Women in

24 the Courts Act of 1994 (42 U.S.C. 13992) that pertain

25 to issues within the jurisdiction of the Federal courts, and
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1 shall prepare materials necessary to implement this sec2 tion and the amendments made by this section.

3 SEC. 4003. GRANTS TO ENCOURAGE ARREST POLICIES.

4 (a) REAUTHORIZATION.—Section 1001(a)(19) of title

5 I of the Omnibus Crime Control and Safe Streets Act of

6 1968 (42 U.S.C. 3796hh) is amended to read as follows:

7 ‘‘(19) There are authorized to be appropriated

8 to carry out part U—

9 ‘‘(A) $34,000,000 for fiscal year 2001; and

10 ‘‘(B) such sums as may be necessary for

11 each of fiscal years 2002 through 2005.

12 (b) GRANTS.—Section 2101 of title I of the Omnibus

13 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

14 3796hh) is amended—

15 (1) by inserting after subsection (b)(6) the fol16 lowing:

17 ‘‘(7) To develop, implement, or support public

18 education campaigns that recognize domestic vio19 lence and sexual assault as crimes, so long as the

20 funding of such public education efforts does not de21 tract from the provision of direct services to vic22 tims.’’;

23 (2) by redesignating subsection (c) as sub24 section (d); and
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1 (3) by inserting after subsection (b) the fol2 lowing:

3 ‘‘(c) AMOUNTS.—Of the amounts appropriated under

4 this section at least 5 percent shall be used for grants to

5 programs that serve Indian women who are victims of do6 mestic violence, stalking, or sexual assault in Indian coun7 try or Alaskan Native villages.’’.

8 SEC. 4004. REAUTHORIZATION OF RURAL DOMESTIC VIO9 LENCE AND CHILD ABUSE ENFORCEMENT

10 GRANTS.

11 (a) REAUTHORIZATION.—Section 40295(c)(1) of the

12 Violence Against Women Act of 1994 (42 U.S.C.

13 13971(c)(1)) is amended to read as follows:

14 ‘‘(1) IN GENERAL.—There are authorized to be

15 appropriated to carry out this section—

16 ‘‘(A) $25,000,000 for fiscal year 2001 and;

17 ‘‘(B) such sums as may be necessary for

18 each of fiscal years 2002 through 2005.’’.

19 (b) AMOUNTS.—Section 40295 of the Violence

20 Against Women Act of 1994 (42 U.S.C. 13971) is amend21 ed by adding at the end the following:

22 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—At least 5

23 percent of the total amount made available to carry out

24 this section for each fiscal year shall be available for

25 grants to Indian tribal governments.’’.
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1 SEC. 4005. EDUCATIONAL INSTITUTIONS AND VIOLENCE

2 AGAINST WOMEN.

3 (a) GRANTS TO REDUCE VIOLENT CRIMES AGAINST

4 WOMEN ON CAMPUS.—Part E of title VIII of the Higher

5 Education Amendments of 1998 ( 20 U.S.C. 1152 and

6 note) is amended—

7 (1) in section 826(f)—

8 (A) in paragraph (1), by inserting ‘‘, by a

9 person who is or has been in a continuing social

10 relationship of a romantic or intimate nature

11 with the victim,’’ after ‘‘by a person who is co12 habiting with or has cohabitated with the vic13 tim,’’;

14 (B) in paragraph (2), by striking ‘‘and at

15 the end;

16 (C) in paragraph (3), by

17 (i) striking ‘‘nonprofit, nongovern18 mental organization’’ and inserting ‘‘pri19 vate, nonprofit organization or a public

20 nonprofit organization acting in a non21 governmental capacity, such as a victim

22 services organization at a public institution

23 of higher education’’ after ‘‘acting in a

24 nongovernmental capacity’’; and

25 (ii) by striking the period at the end

26 and inserting ‘‘;’’; and
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1 (D) by adding at the end the following:

2 ‘‘(4) the terms ‘campus domestic violence’,

3 ‘campus stalking’, and ‘campus sexual assault’ mean

4 acts of domestic violence, stalking, or sexual assault

5 occurring at institutions of higher education and

6 acts of domestic violence, stalking, or sexual assault

7 committed against or by students, faculty, or em8 ployees of such institutions or other members of the

9 campus community.’’; and

10 (2) in section 827(d), by—

11 (A) inserting ‘‘, faculty, or’’ after ‘‘stu12 dents’’; and

13 (B) inserting ‘‘or other members of the

14 campus community’’ after ‘‘employees of such

15 institutions’’.

16 (b) REAUTHORIZATION.—Section 826(g) of title VIII

17 of the Higher Education Amendments of 1998 ( 20 U.S.C.

18 1152 (g)) is amended to read as follows:

19 ‘‘(g) For the purpose of carrying out this part, there

20 are authorized to be appropriated such sums as may be

21 necessary for fiscal years 2001 through 2005.’’.
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1 SEC. 4006. TEN PERCENT SET-ASIDE OF VAWA GRANT

2 FUNDS FOR TRAINING AND TECHNICAL AS3 SISTANCE.

4 The Violence Against Women Act of 1994 is amended

5 by inserting after Section 40001 the following new section:

6 ‘‘SEC. 4002. RESERVATION OF FUNDS FOR TRAINING AND

7 TECHNICAL ASSISTANCE.

8 ‘‘With respect to each grant program enacted by this

9 title that is administered by the Attorney General, and

10 with respect to the program of Grants to Combat Violent

11 Crimes Against Women on Campuses, enacted by section

12 826 of the Higher Education Amendments of 1998 (20

13 U.S.C. 1152, the Attorney General may reserve an

14 amount not to exceed ten percent of funds appropriated

15 in each fiscal year to provide training and technical assist16 ance for use in combating violence against women.’’.

17 SEC. 4007. PROTECTION FOR VICTIMS OF TRAFFICKING.

18 SECTION 1. SHORT TITLE AND TABLE OF CON19 TENTS.—(a) SHORT TITLE.—This Act may be cited as the

20 ‘‘Comprehensive Anti-Trafficking in Persons Act of

21 2000’’.

22 (b) TABLE OF CONTENTS.— The table of contents

23 for this Act is as follows:

Sec. 1. Short Title; Table of Contents.

Sec. 2. Purposes and Findings.

Sec. 3. Definitions.

Sec. 4. Mechanisms to Evaluate Progress in Combating Trafficking.

Sec. 5. Prevention of Trafficking.
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Sec. 6. Protection and Assistance for Trafficking Victims.

Sec. 7. Humanitarian/Material Witness Visa.

Sec. 8. Strengthening Prosecution and Punishment of Traffickers.

Sec. 9. Monitoring International Progress to Eradicate Trafficking in Persons.

Sec. 10. Authorization of Appropriations.

1 SEC. 2. PURPOSES AND FINDINGS.—(a) PUR2 POSES.—The purposes of this Act are: to combat the evil

3 of trafficking in persons (especially women and chil4 dren)—a contemporary manifestation of slavery—in all of

5 its coercive forms, both domestically and internationally,

6 through prevention, prosecution of and enforcement

7 against traffickers; and to protect and assist victims of

8 this fundamental violation of human rights.

9 (b) FINDINGS.—The Congress finds that:

10 (1) Trafficking of persons, predominantly

11 women and children, is an insidious and growing

12 global transnational crime and human rights prob13 lem which manifests itself in forms of modern-day

14 slavery.

15 (2) Trafficking schemes generally involve traf16 fickers facilitating the victims’ movement from their

17 home communities to an unfamiliar destination,

18 away from family and friends, religious institutions

19 and other sources of protection and support, making

20 the victims more vulnerable.

21 (3) Trafficking victims may suffer physical

22 abuse and threats, including rape and other forms of

23 sexual abuse, torture, starvation, imprisonment,
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1 physical brutality, and death, and they may encoun2 ter mental and psychological abuse and coercion.

3 (4) Women and children trafficked into the sex

4 industry are exposed to deadly diseases, including

5 HIV and AIDS.

6 (5) Trafficking is perpetrated increasingly by

7 organized and sophisticated criminal enterprises.

8 Worldwide, it is viewed as the fastest growing source

9 of profits for organized criminal enterprises and the

10 third largest overall (behind only drugs and fire11 arms). Increasingly, profits from trafficking in per12 sons are laundered and underpin the growth and

13 strengthening of organized criminal activity through14 out the world, including the United States. Often

15 aided by official corruption, this activity threatens

16 the rule of law.

17 (6) It is estimated that over one million per18 sons, primarily women and children, are trafficked

19 around the world each year. Approximately 50,000

20 of these women and children are trafficked into the

21 United States each year. Trafficking also occurs

22 within countries, including the United States.

23 (7) Trafficking contributes to the further desta24 bilization of economically depressed or impoverished

25 communities. It is in those areas that traffickers
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1 regularly purchase and remove young women and

2 girls from their homes, combing villages for children

3 to harvest for the sex industry and slave labor. In

4 some countries trafficking is a major part of the un5 derground economy. These activities add to the in6 stability of already fragile regions.

7 (8) Trafficking victims are moved, bought, and

8 sold as just another commodity in interstate and for9 eign commerce. The lifeblood of the traffickers’

10 trade is their ‘‘inventory’’ of human beings. Traf11 ficking negatively affects interstate and foreign com12 merce, thwarting the free flow of resources and the

13 liberty and labor of persons in the stream of com14 merce.

15 (9) Trafficking networks primarily target

16 women and children who have been marginalized

17 through poverty, poor education or lack of access to

18 education, chronic unemployment, discrimination,

19 and the lack of viable economic opportunities at

20 home. Traffickers exploit these conditions of eco21 nomic and social deprivation to ensnare their vic22 tims. Traffickers lure women and girls into their

23 networks through false promises of good working

24 conditions at relatively high pay as nannies, maids,

25 dancers, factory workers, restaurant workers, sales
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1 clerks, or models. Traffickers also exploit the poverty

2 of families by buying daughters and selling them to

3 brothels, into domestic servitude, or into many types

4 of bonded labor.

5 (10) Victims may be forced to perform labor or

6 services—including but not limited to prostitution

7 and sexual servitude, domestic servitude, bonded

8 sweatshop labor, or other work or services—which

9 are obtained or maintained by the existence of force,

10 threats of force, or legal coercion, or through the use

11 of mental or psychological coercion.

12 (11) It is the intent of Congress that proof of

13 involuntary servitude or peonage, as it is used in

14 prosecutions under 18 United States Code sections

15 241, 1581, 1583, 1584, and newly-created section

16 1589, not be limited to labor or services compelled

17 by the use, or threatened use, of force or legal coer18 cion. Rather, violations of these sections may also be

19 established by proof that the labor or service of a

20 person was obtained or maintained through rep21 resentations to the victim that physical harm may

22 occur to him or her, or to another, which were made

23 in an effort to wrongfully obtain or maintain the

24 labor or services of the victim. In such situations, a

25 victim of trafficking or involuntary servitude may be
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1 warned that a dire fate may befall him or her—in2 cluding violence, rape, starvation, destitution, or an3 other form of physical harm—should he or she at4 tempt to leave the condition of involuntary servitude.

5 While such representations may not constitute spe6 cific threats of harm by the defendant or by any spe7 cific individual acting at the behest of the defendant,

8 they may nonetheless have an equally coercive effect

9 on the victim: forcing the victim to enter or remain

10 in a condition of peonage or involuntary servitude.

11 Violations of 18 United States Code sections 241,

12 1581, 1583, 1584, and newly-created section 1589

13 may also be created by the use of fraud, deceit, or

14 misrepresentation toward any person in an effort to

15 wrongfully obtain or maintain the labor or services

16 of that person, where the person is a minor, an im17 migrant, one who is mentally disabled, or one who

18 is otherwise particularly susceptible to coercion.

19 (12) Sentencing guidelines for criminal viola20 tions of newly enacted or amended trafficking stat21 utes should reflect the seriousness of the crimes cov22 ered by these statutes, such as involuntary servitude,

23 slave trade offenses, peonage, transportation for co24 erced or illegal sexual activities, and immigration

25 laws.
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1 (13) With regard to the enactment of section

2 1589 of title 18, United States Code, Congress finds

3 that trafficking in persons substantially affects

4 interstate and foreign commerce. Trafficking for

5 such purposes as involuntary servitude, peonage, or

6 criminally exploitative labor has an impact on the

7 nationwide employment network and labor market.

8 Within the context of slavery, coerced labor or serv9 ices, trafficking victims may be subjected to a range

10 of violations that include dangerous work and living

11 environments, isolation and restriction of movement,

12 and denial of pay. It is, therefore, an appropriate ex13 ercise of the legislative power to eradicate the sub14 stantial burdens on commerce that result from these

15 activities and to prevent the channels of commerce

16 from being used for an immoral and injurious pur17 pose. The purpose of this statute is also to prohibit

18 the shipment of goods in interstate and foreign com19 merce which are produced under conditions of slav20 ery and coercion. Such commerce is detrimental to

21 the free flow of goods and services and to trafficked

22 victim’s health and safety. This statute attempts to

23 eradicate the evils attendant to criminally coerced

24 labor and services, including compelling persons to

25 work as prostitutes or in other illegal activities, that
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1 have a substantial negative effect on the operations

2 of interstate and foreign commerce.

3 (14) Trafficking is condemned by the United

4 States and the international community and, at its

5 core, represents a violation of fundamental human

6 rights.

7 SEC. 3. DEFINITIONS.—(a) For the purposes of this

8 Act (other than section 8) and except as provided in sub9 section (b)—

10 (1) The term ‘‘trafficking’’ means recruiting or

11 abducting, facilitating, transferring, harboring or

12 transporting a person, by the threat or use of force,

13 coercion, fraud or deception, or by the purchase,

14 sale, trade, transfer or receipt of a person, for the

15 purpose of subjecting that person to involuntary ser16 vitude, peonage, slavery, slavery-like practices,

17 forced or bonded labor or services, or other criminal

18 exploitation of workers.

19 (2) The term ‘‘victim of trafficking’’ generally

20 means any person subjected to the actions set forth

21 in paragraph (1).

22 (b) The definition of ‘‘trafficking’’ set forth in sub23 section (a) may be modified by the Secretary of State and

24 the Attorney General to make it consistent with the defini25 tion of trafficking in persons or any other substantially
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1 similar term in any international treaty or convention to

2 which the United States is a party, subsequent to the date

3 of enactment of this Act, provided that any such modifica4 tions are consistent with the purposes of this Act.

5 SEC. 4. MECHANISMS TO EVALUATE PROGRESS IN

6 COMBATING TRAFFICKING.—(a) INTERNATIONAL.—In

7 order to maximize the effectiveness of the United States’

8 anti-trafficking programs, the Secretary of State, to the

9 extent that resources permit, should establish mechanisms

10 to measure and evaluate global progress in reducing traf11 ficking. These mechanisms should set goals and permit

12 evaluation of progress on—

13 (1) prevention, including economic and public

14 awareness components;

15 (2) protection and assistance for victims of traf16 ficking; and

17 (3) prosecution of and enforcement against

18 traffickers, including the role of public corruption in

19 facilitating trafficking.

20 (b) DOMESTIC.—In order to maximize the effective21 ness of United States anti-trafficking programs, the Sec22 retaries of Health and Human Services and Labor and

23 the Attorney General should, to the extent that resources

24 permit, establish mechanisms for their respective Depart25 ments that set goals and permit measurement and evalua-
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1 tion of United States progress concerning protection and

2 assistance for trafficking victims.

3 SEC. 5. PREVENTION OF TRAFFICKING.—(a) ECO4 NOMIC ALTERNATIVES TO PREVENT AND DETER TRAF5 FICKING.—

6 (1) To assist the United States in advancing its

7 international prevention goals established under sec8 tion 4, by enhancing economic opportunity and alter9 natives for potential victims of trafficking, the Presi10 dent should promote—

11 (A) economic alternatives and opportuni12 ties for women, including micro-credit, training

13 in business development, skills training, and job

14 counseling;

15 (B) programs that promote women’s par16 ticipation in economic decision-making;

17 (C) programs to keep children, especially

18 girls, in elementary and secondary schools;

19 (D) development of educational curricula

20 about the dangers of trafficking; and

21 (E) grants to non-governmental organiza22 tions to accelerate the empowerment of women

23 in local and regional, political, economic, social,

24 and educational roles in their countries.
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1 (2) The Administrator of the U.S. Agency for

2 International Development should include in existing

3 reports to Congress information about the Agency’s

4 programs for increasing economic alternatives and

5 education for those at risk of trafficking and the

6 Agency’s efforts to reduce trafficking, consistent

7 with the goals established under subsection (a) of

8 this section.

9 (3) Non-governmental organizations should be

10 consulted in the development of programs under11 taken pursuant to this subsection.

12 (b) PUBLIC AWARENESS AND INFORMATION.—

13 (1) The Secretaries of State, Health and

14 Human Services, and Labor, the Attorney General,

15 and other appropriate agencies should, to the extent

16 resources permit and in a manner consistent with

17 authority that is otherwise available, establish or ex18 pand initiatives and programs, domestic and inter19 national, to increase the public’s understanding—

20 particularly targeted to potential victims—of the

21 dangers of trafficking and the protections that are

22 available for victims of trafficking. These initiatives

23 and programs should include projects that address

24 demands that may contribute to growth in traf25 ficking.
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1 (2) NON-GOVERNMENTAL ORGANIZATIONS.—In

2 implementing paragraph (1) of this subsection, the

3 Secretaries of State, Health and Human Services,

4 and Labor and the Attorney General should consult

5 with non-governmental organizations.

6 (3) To carry out the purposes of this sub7 section, there are authorized to be appropriated to

8 the Secretaries of State, Health and Human Serv9 ices, and Labor, and the Attorney General such

10 sums as may be necessary.

11 (c) IMPROVING UNDERSTANDING OF TRAF12 FICKING.—

13 (1) The President should establish or expand

14 interagency procedures to collect and organize data,

15 including significant research and resource informa16 tion on domestic and international trafficking in per17 sons (especially women and children).

18 (2) Any data collection procedures established

19 under this subsection shall respect the confidentiality

20 of victims of trafficking.

21 SEC. 6. PROTECTION AND ASSISTANCE FOR VICTIMS

22 OF TRAFFICKING.—(a) VICTIMS IN OTHER COUNTRIES.—

23 The Secretary of State and the Administrator of the U.S.

24 Agency for International Development, are authorized to

25 establish programs and initiatives abroad to assist victims
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1 of trafficking and their children, including mental and

2 physical health services, shelter, legal assistance, and safe

3 reintegration efforts. In carrying out this subsection, the

4 Secretary and the Administrator should consult with the

5 Attorney General, non-governmental organizations, and

6 other experts on trafficking, seek to enhance cooperative

7 efforts with the countries of origin of victims of trafficking

8 to facilitate protections for victims of trafficking who are

9 reintegrated into their countries of origin, and assist in

10 the appropriate reintegration of stateless victims of traf11 ficking.

12 (b) VICTIMS IN THE UNITED STATES.—

13 (1) Notwithstanding title IV of the Personal

14 Responsibility and Work Opportunity Reconciliation

15 Act of 1996, the Attorney General, the Secretaries

16 of Health and Human Services and Labor, and the

17 Board of Directors of the Legal Services Corpora18 tion are authorized to provide assistance to victims

19 of trafficking, without regard to the immigration

20 status of such victims. This assistance may include

21 physical and mental health services, social and legal

22 services, or any other related programs or services.

23 (2) Notwithstanding any other provision of law,

24 victims of trafficking in the United States are eligi25 ble, without regard to their immigration status, for
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1 any benefits that are otherwise available under the

2 Crime Victims Fund, established under the Victims

3 of Crime Act of 1984, including victims’ services,

4 compensation, and assistance.

5 (3) The Attorney General may make grants to

6 States, territories, and possessions of the United

7 States (including the Commonwealths of Puerto Rico

8 and the Northern Mariana Islands), Indian tribes,

9 units of local government, or non-profit, non-govern10 mental victims’ service organizations to develop, ex11 pand, or strengthen victim service programs for vic12 tims of trafficking.

13 (A) To receive a grant under paragraph

14 (3) of this subsection, an eligible government or

15 organization shall certify that its laws, policies,

16 and practices, as appropriate, do not punish or

17 deny services to victims of trafficking on ac18 count of the nature of their employment or

19 services performed in connection with their hav20 ing been trafficked, including but not limited to

21 prostitution.

22 (B) Of amounts made available for grants

23 under paragraph (3) of this subsection, there

24 shall be set aside: three percent for research,

25 evaluation and statistics; two percent for train-
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1 ing and technical assistance; and one percent

2 for management and administration.

3 (C) The Federal share of a grant made

4 under paragraph (3) may not exceed 75 percent

5 of the total costs of the projects described in

6 the application submitted.

7 (D) For purposes of this paragraph, ‘‘vic8 tim of trafficking’’ has the meaning set forth in

9 section 3(a) of this Act.

10 (4) An individual who is a victim of a violation

11 of section 1589 of title 18, United States Code, re12 garding trafficking and criminal exploitation of

13 workers may bring a civil action in United States

14 district court. The court may award actual damages,

15 punitive damages, reasonable attorneys’ fees, and

16 other litigation costs reasonably incurred.

17 (5) While in the custody or control of the Fed18 eral government, a victim of trafficking should, to

19 the extent practicable—

20 (A) be housed in appropriate shelter as

21 quickly as possible;

22 (B) receive prompt medical care, food, and

23 other assistance; and

24 (C) be provided protection if a victim’s

25 safety is at risk or if there is danger of addi-
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1 tional harm by recapture of the victim by a

2 trafficker.

3 (6) No claim against the United States is cre4 ated by paragraph (5) of this subsection.

5 (7) If Federal law enforcement operations or in6 vestigations reveal reasonable indicia of the offenses

7 set out in this Act, in chapters 77 and 117 of title

8 18 U.S. Code, or situations of abuse or severe ex9 ploitation of a foreign national, a prompt assessment

10 should be made as to whether the individual may be

11 a victim of, or a material witness to, trafficking, pe12 onage, or involuntary servitude, or a criminally ex13 ploitative labor condition. When it is concluded that

14 such person is in fact a trafficking victim or witness,

15 law enforcement personnel should act, to the extent

16 permitted and in a manner that is consistent with

17 existing law and the purposes of this Act, to ensure

18 the alien victim’s continued presence in the United

19 States in order to effectuate prosecution of those re20 sponsible and to further the humanitarian interests

21 of the United States.

22 (c) SPECIALIZED TRAFFICKING TRAINING FOR EN23 FORCEMENT OFFICIALS.—The Secretary of State and the

24 Attorney General may initiate or expand training of ap25 propriate personnel of the Department of State and the
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1 Department of Justice, respectively, in identifying victims

2 of trafficking and providing for the protection of such vic3 tims. The Secretary and the Attorney General may apply

4 funds to the extent resources permit for the purposes of

5 this subsection. Training under this subsection should in6 clude, but not be limited to, methods for achieving anti7 trafficking objectives through the nondiscriminatory appli8 cation of immigration and other related laws.

9 SEC. 7. HUMANITARIAN/MATERIAL WITNESS NON10 IMMIGRANT VISA.—(a) PURPOSE.—The purpose of this

11 section is to create a new nonimmigrant visa classification

12 that will strengthen the ability of law enforcement agen13 cies to detect, investigate, and prosecute cases of traf14 ficking of persons, while offering protection to victims of

15 such offenses in keeping with the humanitarian interests

16 of the United States. Creating a new nonimmigrant visa

17 classification will facilitate the reporting of violations to

18 law enforcement officials by trafficked and exploited per19 sons who are not in a lawful immigration status. It also

20 gives law enforcement officials a means to regularize the

21 status of cooperating individuals during investigations,

22 prosecutions, and civil law enforcement proceedings. By

23 providing temporary legal status to those who have been

24 severely victimized by trafficking or similar egregious of25 fenses, it also reflects the humanitarian interests of the
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1 United States. Finally, this section gives the Attorney

2 General discretion to convert nonimmigrants to permanent

3 status when it is justified on humanitarian grounds or is

4 otherwise in the national interest.

5 (b) ESTABLISHMENT OF A NEW NONIMMIGRANT

6 CLASSIFICATION.—Section 101(a)(15) of the Immigration

7 and Nationality Act (8 U.S.C. § 1101(a)(15)) is

8 amended—

9 (1) by striking ‘‘or’’ at the end of subparagraph

10 (R);

11 (2) by striking the period at the end of sub12 paragraph (S) and inserting ‘‘; or’’; and

13 (3) by adding at the end the following new sub14 paragraph:

15 ‘‘(T) subject to section 214(n), an alien

16 (and the spouse, children, and parents of the

17 alien if accompanying or following to join the

18 alien) who the Attorney General determines—

19 ‘‘(i) possesses material information

20 concerning criminal or other unlawful ac21 tivity;

22 ‘‘(ii) is willing to supply or has sup23 plied such information to Federal or State

24 law enforcement officials;
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1 ‘‘(iii) would be helpful, were the alien

2 to remain in the United States, to a prop3 erly authorized Federal or State investiga4 tion or prosecution of the criminal or other

5 unlawful activity; and

6 ‘‘(iv) has suffered significant physical

7 or mental abuse as a result of the criminal

8 or other unlawful activity.’’.

9 (c) NUMERICAL LIMITATIONS; PERIOD OF ADMIS10 SIONS.—Section 214 of the Immigration and Nationality

11 Act (8 U.S.C. § 1184) is amended by—

12 (1) redesignating subsection (l) (regarding for13 eign students) as subsection (m); and

14 (2) adding at the end the following new sub15 section:

16 ‘‘(m)(1) The number of aliens who may be provided

17 a visa or otherwise be provided status under section

18 101(a)(15)(T) in any fiscal year may not exceed 1,000.

19 ‘‘(2) No alien may be admitted into the United States

20 as such a nonimmigrant more than five years after the

21 date of enactment of this section.

22 ‘‘(3) The period of admission of an alien as such a

23 nonimmigrant may not exceed three years. Such period

24 may not be extended by the Attorney General.
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1 ‘‘(4) As a condition for admission, and continued stay

2 in lawful status of such a nonimmigrant, the

3 nonimmigrant—

4 ‘‘(A) may not be convicted of any criminal of5 fense punishable by a term of imprisonment of one

6 year or more after the date of such admission;

7 ‘‘(B) must have executed a form that waives the

8 nonimmigrant’s right to contest, other than on the

9 basis of an application for withholding of deporta10 tion or removal, any action for deportation of the

11 alien instituted before the alien obtains lawful per12 manent resident status; and

13 ‘‘(C) shall abide by any other condition, limita14 tion, or restriction imposed by the Attorney Gen15 eral.’’.

16 (d) PROHIBITION OF CHANGE OF STATUS.—Section

17 248(l) of the Immigration and Nationality Act (8 U.S.C.

18 § 1258(l)) is amended by striking ‘‘or (S)’’ and inserting

19 ‘‘(S) or (T)’’ in lieu thereof.

20 (e) ADJUSTMENT TO PERMANENT RESIDENT STA21 TUS.—Section 245 of the Immigration and Nationality

22 Act (8 U.S.C. § 1255) is amended by adding at the end

23 thereof the following new subsection:

24 ‘‘(l)(1) The Attorney General may adjust the status

25 of an alien admitted into the United States under section
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1 101(a)(15)(T) (and the spouse, children, and parents of

2 the alien if admitted under that section) to that of an alien

3 admitted for lawful permanent residence if: in the opinion

4 of the Attorney General, the alien’s continued presence in

5 the United States is justified on humanitarian grounds or

6 is otherwise in the national interest; and the alien is not

7 described in section 212(a)(3)(A)(i)(I), (3)(A)(ii),

8 (3)(A)(iii), (3)(C), or 3(E).

9 ‘‘(2) Upon the approval of adjustment of status under

10 paragraph (1), the Attorney General shall record the

11 alien’s lawful admission for permanent residence as of the

12 date of such approval, and the Secretary of State shall

13 reduce by one the number of visas authorized to be issued

14 under sections 201(d) and 203(b)(4) for the fiscal year

15 then current.’’.

16 (f) EXCLUSIVE MEANS OF ADJUSTMENT.—Section

17 245(c)(5) of the Immigration and Nationality Act (8

18 U.S.C. § 1255(c)(5)) is amended by striking ‘‘section

19 105(a)(15)(S);’’ and inserting ‘‘section 105(a)(15)(S) or

20 (T);’’ in lieu thereof.

21 SEC. 8. STRENGTHENING PROSECUTION AND PUN22 ISHMENT OF TRAFFICKERS.—(a) CRIMINAL PROVI23 SIONS.—Chapter 77 of title 18, United States Code, is

24 amended, as follows:
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1 (1) In section 1581 by deleting at the end of

2 subsection (a) ‘‘shall be fined under this title or im3 prisoned not more than 10 years, or both’’ and in4 serting in lieu thereof ‘‘shall be fined under this title

5 or imprisoned not more than 20 years, or both; and

6 if, in addition to the foregoing elements, death re7 sults from an act committed in violation of this sec8 tion, or if such act includes kidnaping or an attempt

9 to kidnap, aggravated sexual abuse or the attempt to

10 commit aggravated sexual abuse, or an attempt to

11 kill, shall be fined under this title or imprisoned for

12 any term of years or life, or both.’’;

13 (2) In section 1583 by deleting ‘‘shall be fined

14 under this title or imprisoned not more than ten

15 years, or both’’ and inserting in lieu thereof ‘‘shall

16 be fined under this title or imprisoned not more

17 than 20 years, or both; and if, in addition to the

18 foregoing elements, death results from an act com19 mitted in violation of this section, or if such act in20 cludes kidnaping or an attempt to kidnap, aggra21 vated sexual abuse or the attempt to commit aggra22 vated sexual abuse, or an attempt to kill, shall be

23 fined under this title or imprisoned for any term of

24 years or life, or both.’’;
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1 (3) In section 1584 by deleting ‘‘shall be fined

2 under this title or imprisoned not more than ten

3 years, or both’’ and inserting in lieu thereof ‘‘shall

4 be fined under this title or imprisoned not more

5 than 20 years, or both; and if in addition to the

6 foregoing elements, death results from an act com7 mitted in violation of this section, or if such act in8 cludes kidnaping or an attempt to kidnap, aggra9 vated sexual abuse or the attempt to commit aggra10 vated sexual abuse, or an attempt to kill, shall be

11 fined under this title or imprisoned for any term of

12 years or life, or both.’’;

13 (4) By adding at the end thereof the following

14 four new sections:

15 ‘‘§ 1589. Trafficking and criminal exploitation of

16 workers

17 ‘‘(a) Whoever—

18 ‘‘(1) recruits, harbors, provides, transports, em19 ploys, purchases, sells or secures, by any means, any

20 person, knowing or having reason to know that per21 son is or will be subjected to involuntary servitude

22 or peonage or to unlawfully exploitative labor condi23 tions as described in subsection (b) of this section,

24 shall be fined under this title or imprisoned not

25 more than 20 years, or both; and if, in addition to
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1 the foregoing elements, death results from an act

2 committed in violation of this section, or if such act

3 includes kidnaping or an attempt to kidnap, aggra4 vated sexual abuse or the attempt to commit aggra5 vated sexual abuse, or an attempt to kill, shall be

6 fined under this title or imprisoned for any term of

7 years or life, or both.’’; or

8 ‘‘(2) in any way, financially or otherwise, know9 ingly benefits from, or makes use of, the labor or

10 services of a person held to a condition of involun11 tary servitude or peonage, shall be fined under this

12 title or imprisoned not more than 10 years, or both.

13 ‘‘(b) As used in this section, ‘unlawfully exploitative

14 labor conditions’ means that the labor or services of a per15 son, which are in or affecting interstate commerce or for16 eign commerce, are obtained or maintained through any

17 scheme or artifice to defraud, or by means of any plan

18 or pattern, including but not limited to false and fraudu19 lent pretenses and misrepresentations, such that the per20 son reasonably believes that he has no viable alternative

21 but to perform the labor or services.

22 ‘‘(c) This section does not apply to labor performed

23 as a punishment for a crime whereof the party shall have

24 been duly convicted.

25 ‘‘(d) CRIMINAL FORFEITURE.—
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1 ‘‘(1) The court, in imposing sentence on any

2 person convicted of a violation of this section, shall

3 order, in addition to any other sentence imposed and

4 irrespective of any provision of State law, that such

5 person forfeit to the United States—

6 ‘‘(A) such person’s interest in any prop7 erty, real or personal, that was used or intended

8 to be used to commit or to facilitate the com9 mission of such violation; and

10 ‘‘(B) any property, real or personal, consti11 tuting or derived from, any proceeds that such

12 person obtained, directly or indirectly, as a re13 sult of such violation.

14 ‘‘(2) The criminal forfeiture of property under

15 this subsection, any seizure and disposition thereof,

16 and any administrative or judicial proceeding in re17 lation thereto, shall be governed by the provisions of

18 section 413 of the Comprehensive Drug Abuse Pre19 vention and Control Act of 1970 (21 U.S.C. 853),

20 except subsection (d) of that section.

21 ‘‘(e) CIVIL FORFEITURE.—(1) The following shall be

22 subject to forfeiture to the United States and no property

23 right shall exist in them—
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1 ‘‘(A) any property, real or personal, used or in2 tended to be used to commit or to facilitate the com3 mission of any violation of this section; and

4 ‘‘(B) any property, real or personal, which con5 stitutes or is derived from proceeds traceable to any

6 violation of this section.

7 ‘‘(2) The provisions of chapter 46 of this title relating

8 to civil forfeitures shall extend to any seizure or civil for9 feiture under this subsection.

10 ‘‘§ 1590. Unlawful possession of documents in further11 ance of trafficking, criminal worker ex12 ploitation, involuntary servitude, or pe13 onage

14 ‘‘(a) Whoever destroys, conceals, removes, confiscates

15 or possesses any identification, passport or other immigra16 tion documents, or any other documentation of another

17 person—

18 ‘‘(1) in the course of, or under circumstances

19 which facilitate—

20 ‘‘(A) a violation of section 1581, 1583,

21 1584, or 1589 or a conspiracy or attempt to

22 commit such a violation;

23 ‘‘(B) the unlawful entry or attempted un24 lawful entry of the person into the United

25 States;
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1 ‘‘(2) to prevent or restrict, without lawful au2 thority, the person’s liberty to move or travel in

3 interstate or foreign commerce; or

4 ‘‘(3) to conceal or impair the investigation or

5 prosecution of a violation of Federal criminal law,

6 shall be fined under this title or imprisoned for not

7 more than five years, or both.

8 ‘‘§ 1591. Mandatory restitution

9 ‘‘(a) IN GENERAL.—Notwithstanding sections 3663

10 or 3663A, and in addition to any other civil or criminal

11 penalties authorized by law, the court shall order restitu12 tion for any offense under this chapter.

13 ‘‘(b) SCOPE AND NATURE OF ORDER.—

14 ‘‘(1) The order of restitution under this section

15 shall direct the defendant to pay the victim (through

16 the appropriate court mechanism) the full amount of

17 the victim’s losses, as determined by the court under

18 paragraph (3) of this subsection.

19 ‘‘(2) An order of restitution under this section

20 shall be issued and enforced in accordance with sec21 tion 3664 in the same manner as an order under

22 section 3663A.

23 ‘‘(3) For purposes of this subsection, the term

24 ‘full amount of the victim’s losses’ has the same

25 meaning as provided in section 2259(b)(3) and shall
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1 in addition include the greater of the gross income

2 or value to the defendant of the victim’s services or

3 labor or the value of the victim’s labor as guaranteed

4 under the minimum wage and overtime guarantees

5 of the Fair Labor Standards Act (29 U.S.C. § 201,

6 et seq.).

7 ‘‘(c) For purposes of this section, the term ‘victim’

8 means the individual harmed as a result of a crime under

9 this chapter, including, in the case of a victim who is

10 under 18 years of age, incompetent, incapacitated, or de11 ceased, the legal guardian of the victim or a representative

12 of the victim’s estate, or another family member, or any

13 other person appointed as suitable by the court, but in

14 no event shall the defendant be named such representative

15 or guardian.

16 ‘‘§ 1592. General provisions

17 ‘‘(a) In a prosecution under section 1581, 1583,

18 1584, or 1589, a condition of involuntary servitude or pe19 onage may be established by proof that the defendant ob20 tained or maintained the labor or service of any person—

21 ‘‘(1) by the use, or threatened use, of force, vio22 lence, physical restraint or physical injury, or by the

23 use or threatened use of coercion through law or the

24 legal process;
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1 ‘‘(2) through representations made to any per2 son that physical harm may occur to that person, or

3 to another, in an effort to wrongfully obtain or

4 maintain the labor or services of that person; or

5 ‘‘(3) by the use of fraud, deceit, or misrepresen6 tation toward any person in an effort to wrongfully

7 obtain or maintain the labor or services of that per8 son, where the person is a minor, an immigrant, one

9 who is mentally disabled, or one who is otherwise

10 particularly susceptible to coercion.

11 ‘‘(b) An attempt to violate section 1581, 1583, 1584,

12 or 1589 shall be punishable in the same manner as a com13 pleted violation of each of these sections, respectively.’’;

14 and

15 (5) By amending the sectional table for chapter

16 77 to include the following additional items:

‘‘§ 1589. Trafficking and criminal exploitation of workers

‘‘§ 1590. Unlawful possession of documents in furtherance of trafficking, criminal worker exploitation, involuntary servitude, or peonage.

‘‘§ 1591. Mandatory restitution.

‘‘§ 1592. General provisions.’’.

17 (b) AMENDMENT TO THE SENTENCING GUIDE18 LINES.—

19 (1) Pursuant to its authority under section 994

20 of title 28, United States Code, and in accordance

21 with this section, the United States Sentencing Com22 mission shall review and, if appropriate, amend the

23 sentencing guidelines and policy statements applica-
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1 ble to persons convicted of offenses involving the

2 trafficking of persons, including component or re3 lated crimes of peonage, involuntary servitude, slave

4 trade offenses, coercive worker exploitation, and pos5 session, transfer or sale of false immigration docu6 ments to further exploitation of workers, and the

7 Fair Labor Standards Act and the Migrant and Sea8 sonal Agricultural Worker Protection Act.

9 (2) In carrying out this subsection, the Sen10 tencing Commission shall—

11 (A) ensure that the sentencing guidelines

12 and policy statements applicable to the offenses

13 described in paragraph (1) of this subsection

14 are sufficiently stringent to deter such offenses

15 and adequately reflect the heinous nature of

16 such offenses;

17 (B) consider conforming the sentencing

18 guidelines applicable to offenses involving work19 er exploitation to the guidelines applicable to

20 peonage, involuntary servitude, and slave trade

21 offenses; and

22 (C) consider providing sentencing enhance23 ments for those convicted of the offenses de24 scribed in paragraph (1) of this subsection

25 that—
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1 (i) involve a large number of victims;

2 (ii) involve a pattern of continued and

3 flagrant violations;

4 (iii) involve the use or threatened use

5 of a dangerous weapon; or

6 (iv) result in the death or bodily in7 jury of any person.

8 (3) The Commission may promulgate the guide9 lines or amendments under this subsection in ac10 cordance with the procedures set forth in section

11 21(a) of the Sentencing Act of 1987, as though the

12 authority under that Act had not expired.

13 SEC. 9. MONITORING INTERNATIONAL PROGRESS TO

14 ERADICATE TRAFFICKING IN PERSONS.—(a) MULTILAT15 ERAL EVALUATION AND ACTION TO GAIN INTER16 NATIONAL COOPERATION.—To ensure action to eradicate

17 trafficking by any recalcitrant country, it is the sense of

18 the Congress that the Secretary of State should undertake

19 the following actions:

20 (1) expand existing cooperative policies and pro21 grams consistent with the purposes of this Act;

22 (2) gauge progress toward the goal of elimi23 nating trafficking in individual countries and around

24 the globe; and
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1 (3) urge the international community to iden2 tify, engage, and take strong multilateral action to

3 gain the cooperation of any country demonstrating

4 resistance to reflecting official condemnation of traf5 ficking in persons through policies and actions, in6 cluding making serious and sustained efforts to—

7 (A) vigorously prosecute and punish traf8 fickers at a level commensurate with the sever9 ity of the crime;

10 (B) investigate and prosecute official cor11 ruption that contributes to trafficking; and

12 (C) protect trafficking victims, including

13 working cooperatively with international and

14 non-governmental organizations.

15 (b) EXPANSION OF TREATMENT IN HUMAN RIGHTS

16 REPORT.—The Secretary of State, through the Assistant

17 Secretary of Democracy, Human Rights and Labor shall

18 expand reporting to Congress as part of the annual Coun19 try Report on Human Rights Practices to address the sta20 tus of international trafficking in persons (especially

21 women and children), including—

22 (1) a description of the nature and extent of

23 trafficking in persons in each country;

24 (2) a description and assessment of the efforts

25 of countries to combat trafficking through preven-
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1 tion, protection, and assistance for victims and pros2 ecution and enforcement against traffickers; and

3 (3) the role of official corruption and official co4 operation or complicity trafficking.

5 Trafficking in persons shall receive separate treatment

6 within the reporting on each country.

7 (c) COOPERATION WITH NON-GOVERNMENTAL OR8 GANIZATIONS.—In compiling and providing the informa9 tion required by subsection (b) of this section, the Sec10 retary shall foster contacts with human rights and other

11 non-governmental organizations, including receiving re12 ports and updates from such organizations.

13 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.—To

14 carry out the purposes of this Act there are authorized

15 to be appropriated to the Secretaries of State, Health and

16 Human Services, and Labor, the Attorney General, and

17 the Administrator of the U.S. Agency for International

18 Development such sums as may be necessary.

19 SEC. 4008. BATTERED IMMIGRANT WOMEN.

20 (a) FINDINGS.—Congress finds that—

21 (1) the goal of the immigration protections for

22 battered immigrants included in the Violence

23 Against Women Act of 1994 was to remove immi24 gration laws as a barrier that kept battered immi-
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1 grant women and children locked in abusive relation2 ships;

3 (2) providing battered immigrant women and

4 children who were experiencing domestic violence at

5 home with protection against deportation allows

6 them to obtain protection orders against their abus7 ers and frees them to cooperate with law enforce8 ment and prosecutors in criminal cases brought

9 against their abusers and the abusers of their chil10 dren; and

11 (3) there are several groups of battered immi12 grant women and children who do not have access

13 to the immigration protections of the Violence

14 Against Women Act of 1994, which means that their

15 abusers are virtually immune from prosecution be16 cause their victims can be deported and the Immi17 gration and Naturalization Service cannot offer

18 them protection no matter how compelling their case

19 under existing law.

20 (b) PURPOSES.—The purposes of this section are—

21 (1) to promote criminal prosecutions of all per22 sons who commit acts of battery or extreme cruelty

23 against immigrant women and children;

24 (2) to offer protection against domestic violence

25 occurring in family and intimate relationships that
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1 are covered in State or tribal protection order, do2 mestic violence, and family law statutes; and

3 (3) to correct the undermining of Violence

4 Against Women Act immigration protections that oc5 curred as a result of enactment of the Illegal Immi6 gration Reform and Immigrant Responsibility Act of

7 1996.

8 (c) EFFECT OF CHANGES IN ABUSERS’ CITIZENSHIP

9 STATUS.—(1) Section 204(a)(1)(A) of the Immigration

10 and Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended

11 by adding at the end the following new clause:

12 ‘‘(v) For the purposes of any petition

13 filed under clause (iii), (iv) or (vii) of sec14 tion 204(a)(1)(A), denaturalization, loss,

15 death or renunciation, or changes to the

16 abuser’s citizenship status after filing of

17 the petition shall not preclude the classi18 fication of the eligible self-petitioning

19 spouse, child, son or daughter as an imme20 diate relative.’’.

21 (2) Section 204(a)(1)(B) of the Immigration and Na22 tionality Act (8 U.S.C. 1154(a)(1)(B)) is amended by add23 ing at the end the following new clause:

24 ‘‘(iv)(I) For the purposes of petitions

25 filed or approved under clause (ii), (iii), or
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1 (vi) of section 204(a)(1)(B), loss of lawful

2 permanent residence status by a spouse or

3 parent or death of the lawful permanent

4 resident spouse or parent after the filing of

5 a petition under that clause shall not pre6 clude approval of the petition, and, for an

7 approved petition, shall not affect the

8 alien’s ability to adjust status under sec9 tion 245(a) and (c) or obtain status as a

10 lawful permanent resident based on the ap11 proved self-petition under clause (ii), (iii)

12 or (vi).

13 ‘‘(II) Upon the lawful permanent resi14 dent spouse or parent becoming a United

15 States citizen through naturalization, ac16 quisition of citizenship, or other means,

17 any petition filed with the Immigration

18 and Naturalization Service and pending or

19 approved under section 204(a)(1)(B)(ii),

20 (iii), or (vi) on behalf of an alien who has

21 been battered or subjected to extreme cru22 elty may be deemed to be a petition filed

23 under section 204(a)(1)(A) of this Act

24 even if the acquisition of citizenship occurs

25 after divorce.’’.
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1 (3) Section 201(b)(2)(A) of the Immigration and Na2 tionality Act (8 U.S.C. 1154(b)(2)(A)) is amended by add3 ing at the end the following sentence: ‘‘For purposes of

4 this definition, an alien who has filed a petition under

5 clause (iii), (iv) or (vii) of section 204(a)(1)(A) of this Act

6 remains an immediate relative in the event that the United

7 States Citizen spouse or parent loses United States citi8 zenship or dies after filing the petition.’’.

9 (d) DETERMINATIONS OF GOOD MORAL CHAR10 ACTER.—

11 (1) CANCELLATIONS OF REMOVAL; SUSPEN12 SIONS OF DEPORTATION.—Section 240A(b) of the

13 Immigration and Nationality Act (8 U.S.C. 1229b)

14 is amended by adding at the end the following:

15 ‘‘(4) GOOD MORAL CHARACTER DETERMINA16 TION.—

17 ‘‘(A) IN GENERAL.—For the purposes of

18 making ‘good moral character’ determinations

19 under this paragraph, the Attorney General is

20 not limited by the criminal court record and

21 may make a finding of good moral character,

22 notwithstanding the existence of a disqualifying

23 criminal act or criminal conviction, when police

24 reports, court documents, or other contempora25 neous evidence demonstrate that the alien has
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1 been battered or subjected to extreme cruelty.

2 This provision shall apply only in the case of an

3 alien who otherwise qualifies for relief under

4 section 240A(b), but who—

5 ‘‘(i) committed, was arrested for, was

6 convicted of, or pled guilty to, violating a

7 court order issued to protect the alien; or

8 ‘‘(ii) committed, was arrested for, was

9 convicted of, or pled guilty to, prostitution,

10 if the alien was forced into prostitution by

11 an abuser; or

12 ‘‘(iii) committed, was arrested for,

13 was convicted of, or pled guilty to, commit14 ting a crime where there was a connection

15 between the commission of the crime and

16 the alien’s having been battered or sub17 jected to extreme cruelty; or

18 ‘‘(iv) committed, was arrested for, was

19 convicted of, or pled guilty to, a domestic

20 violence-related crime if the Attorney Gen21 eral determines that the alien acted in self22 defense.

23 ‘‘(5) INCLUSION OF OTHER ALIENS IN PETI24 TION.—An alien applying for relief under section

25 244(a)(3) (as in effect before the enactment of the
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1 Illegal Immigration Reform and Immigrant Respon2 sibility Act of 1996) or this subsection may

3 include—

4 ‘‘(A) the alien’s children in the alien’s ap5 plication, if such children are physically present

6 in the United States at the time of the applica7 tion, and, if the alien is found eligible for sus8 pension, the Attorney General may adjust the

9 status of the alien’s children; or

10 ‘‘(B) the alien’s parent in the alien child’s

11 application in the case of an application filed by

12 an alien child who was abused by a citizen or

13 lawful permanent resident parent and, if the

14 alien is found eligible for suspension, the Attor15 ney General may adjust the status of both the

16 alien child applicant and the alien’s parent.

17 ‘‘(6) INCLUSION OF OTHER ALIENS IN CAN18 CELLATION OF REMOVAL APPLICATIONS.—An alien

19 applying for relief under section 240A(b)(2) may

20 include—

21 ‘‘(A) the alien’s children in the alien’s ap22 plication and, if the alien is found eligible for

23 cancellation, the Attorney General may adjust

24 the status of the alien’s children; or
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1 ‘‘(B) the alien’s parent or child in the alien

2 child’s (as defined in section 101(b)(1)(G)) ap3 plication in the case of an application filed by

4 an alien who was abused by a citizen or lawful

5 permanent resident parent and, if the alien

6 child is found eligible for cancellation, the At7 torney General may adjust the status of the

8 alien child applicant and the alien child’s parent

9 and child.

10 ‘‘(7) DETERMINATIONS UNDER SUSPENSION OF

11 DEPORTATION.—

12 ‘‘(A) IN GENERAL.—For the purposes of

13 making good moral character determinations

14 under section 244(a)(3) of the Immigration and

15 Nationality Act (as in effect before the enact16 ment of the Illegal Immigration Reform and

17 Immigrant Responsibility Act of 1996), the At18 torney General is not limited by the criminal

19 court record and may make a finding of good

20 moral character, notwithstanding the existence

21 of a disqualifying criminal act or criminal con22 viction, when police reports, court documents,

23 or other contemporaneous evidence demonstrate

24 that the alien has been battered or subjected to

25 extreme cruelty. This provision shall apply only
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1 in the case of an alien who otherwise qualifies

2 for relief under section 244(a)(3) of the Immi3 gration and Nationality Act (as in effect before

4 the enactment of the Illegal Immigration Re5 form and Immigrant Responsibility Act of

6 1996), and who—

7 ‘‘(i) committed, was arrested for, was

8 convicted of, or who pled guilty to, vio9 lating a court, order issued to protect the

10 alien;

11 ‘‘(ii) committed, was arrested for, was

12 convicted of, or who pled guilty to, pros13 titution if the alien was forced into pros14 titution by an abuser;

15 ‘‘(iii) committed, was arrested for,

16 was convicted of, or pled guilty to, commit17 ting where there was a connection between

18 the commission of the crime and the

19 alien’s having been battered or subjected to

20 extreme cruelty; or

21 ‘‘(iv) committed, was arrested for, was

22 convicted of, or pled guilty to, a domestic

23 violence-related crime if the Attorney Gen24 eral determines that the alien acted in self25 defense.’’.
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1 (2) IMMEDIATE RELATIVE STATUS.—Section

2 204(a)(1)(A) of the Immigration and Nationality

3 Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding

4 at the end the following new clause:

5 ‘‘(vi)(I) For the purposes of making

6 good moral character determinations under

7 this subparagraph, the Attorney General is

8 not limited by the criminal court record

9 and may, in her sole and unreviewable dis10 cretion, make a finding of good moral

11 character, notwithstanding the existence of

12 a disqualifying criminal act or criminal

13 conviction, when police reports, court docu14 ments, or other contemporaneous evidence

15 demonstrate that the alien has been bat16 tered or subjected to extreme cruelty. This

17 provision shall apply only in the case of an

18 alien who otherwise qualifies for relief

19 under section 204(a)(1)(A)(iii), (iv) or

20 (vii), and who—

21 ‘‘(aa) committed, was arrested

22 for, was convicted of, or pled guilty to,

23 violating a court order issued to pro24 tect the alien;
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1 ‘‘(bb) committed, was arrested

2 for, was convicted of, or pled guilty to,

3 prostitution if the alien was forced

4 into prostitution by an abuser;

5 ‘‘(cc) committed, was arrested

6 for, was convicted of, or pled guilty to,

7 committing a crime where there was a

8 connection between the commission of

9 the crime and the alien’s having been

10 battered or subjected to extreme cru11 elty; or

12 ‘‘(dd) committed, was arrested

13 for, was convicted of, or pled guilty to,

14 a domestic violence-related crime, if

15 the Attorney General determines that

16 the alien acted in self-defense.’’.

17 (3) SECOND PREFERENCE IMMIGRATION STA18 TUS.—Section 204(a)(1)(B) of the Immigration and

19 Nationality Act (8 U.S.C. 1154(a)(1)(B)) is amend20 ed by inserting after clause (iv) the following:

21 ‘‘(v)(I) For the purposes of making

22 good moral character determinations under

23 this subparagraph, the Attorney General is

24 not limited by the criminal court record

25 and may, in her sole and unreviewable dis-
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1 cretion, make a finding of good moral

2 character, notwithstanding the existence of

3 a disqualifying criminal act or criminal

4 conviction, when police reports, court docu5 ments, or other contemporaneous evidence

6 demonstrate that the alien has been bat7 tered or subjected to extreme cruelty. This

8 provision shall apply only in the case of an

9 alien who otherwise qualifies for relief

10 under section 204(a)(1)(B)(ii), (iii) or (vi),

11 and who—

12 ‘‘(aa) committed, was arrested

13 for, was convicted of, or who pled

14 guilty to, violating a court order

15 issued to protect the alien;

16 ‘‘(bb) committed, was arrested

17 for, was convicted of, or pled guilty to,

18 prostitution where the alien was

19 forced into prostitution by an abuser;

20 ‘‘(cc) committed, was arrested

21 for, was convicted of, or pled guilty to,

22 committing a crime where there was a

23 connection between the commission of

24 the crime and the alien’s having been
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1 battered or subjected to extreme cru2 elty; or

3 ‘‘(dd) committed, was arrested

4 for, was convicted of, or pled guilty to,

5 a domestic violence-related crime, if

6 the Attorney General determines that

7 the alien acted in self-defense.’’.

8 (e) WAIVERS OF INADMISSIBILITY.—

9 (1) DISCRETIONARY WAIVERS FOR CERTAIN IN10 ADMISSIBILITY AND REMOVAL GROUNDS.—Section

11 212 of the Immigration and Nationality Act (8

12 U.S.C. 1182) is amended by adding at the end the

13 following:

14 ‘‘(r) WAIVER OF SECTION 212.—The Attorney Gen15 eral, in the Attorney General’s sole and unreviewable dis16 cretion, may waive any provision of section 212 (other

17 than paragraphs (3), (10)(A), (10)(D), and (10)(E) of

18 subsection (a)) for humanitarian purposes, to assure fam19 ily unity, or when it is otherwise in the public interest,

20 if the alien demonstrates a connection between the crime

21 or disqualifying act and battery or extreme cruelty and

22 the alien qualifies for—

23 ‘‘(1) status under clause (iii), (iv) or (vii) of

24 section 204(a)(1)(A) or classification under clause

25 (ii), (iii) or (vi) of section 204(a)(1)(B); or
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1 ‘‘(2) relief under section 240A(b)(2) or

2 244(a)(3) (as in effect before the enactment of the

3 Illegal Immigration Reform and Immigrant Respon4 sibility Act of 1996).’’.

5 (2) CONFORMING AMENDMENTS.—(A) Section

6 212(a)(6)(A)(ii) of the Immigration and Nationality

7 Act (8 U.S.C. 1182) is amended by striking sub8 clause (II); and

9 (B) Section 212(a)(9)(B)(iii) of the Immigra10 tion and Nationality Act is amended by striking sub11 clause (IV).

12 (f) WAIVER OF CERTAIN REMOVAL GROUNDS.—Sec13 tion 237(a)(2)(E) of the Immigration and Nationality Act

14 (8 U.S.C. 1227(a)(2)(E)) is amended by inserting at the

15 end the following new clause:

16 ‘‘(iii) WAIVER.—The Attorney General

17 may waive the application of clauses (i)

18 and (ii)—

19 ‘‘(I) upon determination that—

20 ‘‘(aa) the alien was acting in

21 self-defense,

22 ‘‘(bb) the alien was not the

23 primary perpetrator of violence in

24 the relationship,
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1 ‘‘(cc) the alien was found to

2 have violated a protection order

3 intended to protect the alien, or

4 ‘‘(dd) the alien committed,

5 was arrested for, was convicted

6 of, or plead guilty to committing

7 a crime where there was a con8 nection between the crime and

9 having been battered or subjected

10 to extreme cruelty, or

11 ‘‘(II) for humanitarian purposes.

12 ‘‘(III) such waiver shall not be

13 available if the alien was the primary

14 perpetrator of violence in the relation15 ship.’’.

16 (g) PROCEDURE FOR GRANTING IMMIGRANT STA17 TUS.—

18 (1) DEFINITION.—Section 101(a)(35) of the

19 Immigration and Nationality Act (8 U.S.C.

20 1101(a)(35)) is amended by adding at the end the

21 following: ‘‘For the purposes of a self-petition under

22 section 204(a)(1)(A)(iii) or (vii) or 204(a)(1)(B)(ii)

23 or (vi), cancellation of removal under 240A(b)(2), or

24 suspension of deportation under section 244(a)(3) of

25 the Act (as in effect before the title III–A effective
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1 date in section 309 of the Illegal Immigration Re2 form and Immigrant Responsibility Act of 1996),

3 the term ‘spouse’ shall include a United States cit4 izen or lawful permanent resident to whom the alien

5 believed he or she had married and with whom a

6 marriage ceremony was actually performed, and who

7 otherwise meets any applicable requirements under

8 the Act to establish the existence and bona fides of

9 a marriage, but whose marriage is not legitimate

10 solely because of the United States citizen or lawful

11 permanent resident’s bigamy.’’.

12 (2) CONFORMING AMENDMENTS.—Sections

13 204(a)(1)(A)(iii) and (vii), 204(a)(1)(B)(ii) and (vi),

14 240A(b)(2)(A) and 244(a)(3) as in effect before the

15 title III–A effective date in section 309 of the Illegal

16 Immigration Reform and Immigrant Responsibility

17 Act of 1996 (Public Law No. 104–208, Div. C, 110

18 Stat. 3009–546, 3009–625 (8 U.S.C. 1101 note))

19 are amended by inserting after ‘‘spouse’’ the fol20 lowing clause: ‘‘, including a spouse defined under

21 Section 101(a)(35),’’.

22 (3) SELF-PETITIONING CHILDREN OF CITI23 ZENS.—Section 204(a)(1)(A)(iv) of the Immigration

24 and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv) is

25 amended to read as follows:
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1 ‘‘(iv) An alien who is the child of a

2 citizen of the United States, who is a per3 son of good moral character, who is eligible

4 to be classified as an immediate relative

5 under section 201(b)(2)(A)(i), and who has

6 resided with or had visitation in the United

7 States with the citizen parent (or has re8 sided with or had visitation within or out9 side the territory of the United States with

10 the citizen parent at the assigned foreign

11 duty station if the alien’s parent is an em12 ployee of the Department of State or a

13 member of the United States Uniformed

14 Forces stationed abroad) may file a peti15 tion with the Attorney General under this

16 subparagraph for classification of the alien

17 (and any child of such alien) under such

18 section upon such showing and during such

19 period of residence or visitation with the

20 citizen parent the alien has been battered

21 by or has been the subject of extreme cru22 elty perpetrated by the alien’s citizen par23 ent.’’.

24 (4) SELF-PETITIONING CHILDREN OF LAWFUL

25 PERMANENT RESIDENTS.—Section 204(a)(1)(B)(iii)
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1 of the Immigration and Nationality Act (8 U.S.C.

2 1154(a)(1)(B)(iii)) is amended to read as follows:

3 ‘‘(iii) An alien who is the child of an

4 alien lawfully admitted for permanent resi5 dence, who is a person of good moral char6 acter, who is eligible for classification

7 under section 203(a)(2)(A), and who has

8 resided with or had visitation in the United

9 States with the alien’s permanent resident

10 alien parent (or has resided with or had

11 visitation within or outside the territory of

12 the United States with the lawful perma13 nent resident parent at the assigned for14 eign duty station if the alien’s parent is an

15 employee of the Department of State or a

16 member of the United States Uniformed

17 Forces stationed abroad) may file a peti18 tion with the Attorney General under this

19 subparagraph for classification of the alien

20 (and any child of such alien) under such

21 section upon such showing and during such

22 period of residence or visitation with the

23 permanent resident parent the alien has

24 been battered by or has been the subject
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1 of extreme cruelty perpetrated by the

2 alien’s permanent resident parent.’’.

3 (5) FILING OF PETITIONS.—(A) Section

4 204(a)(1)(A) of the Immigration and Nationality

5 Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding

6 at the end the following new clause:

7 ‘‘(viii) An alien who is the spouse,

8 child, son or daughter of an employee of

9 the Department of State or the United

10 States Uniformed Forces stationed abroad

11 and who would be eligible to file a petition

12 under clause (iii), (iv) or (vi), of this sub13 paragraph if the alien had resided with the

14 alien’s spouse or parent in the United

15 States may file such petition with the At16 torney General.’’.

17 (B) Section 204(a)(1)(B) of the Immigration

18 and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is

19 amended by adding at the end the following new

20 clause:

21 ‘‘(vii) An alien who is the spouse, or

22 child of an employee of the Department of

23 State or the United States Armed Forces

24 stationed abroad and who would be eligible

25 to file a petition under clause (ii), (iii), or
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1 (vi) of this subparagraph if the alien had

2 resided with the alien’s spouse or parent in

3 the United States may file such petition

4 with the Attorney General.’’.

5 (6) ADJUSTMENT OF STATUS.—(A) Section

6 245 of the Immigration and Nationality Act (8

7 U.S.C. 1255) is amended—

8 (i) in subsection (a), by inserting ‘‘, or the

9 status of any other alien having an approved

10 petition for classification under subparagraph

11 (A)(iii), (A)(iv), (A)(vii), (B)(ii), (B)(iii), or

12 (B)(vi) of section 204(a)(1),’’ after ‘‘into the

13 United States’’;

14 (ii) in subsection (c), by inserting at the

15 beginning the following:

16 Other than an alien having an approved petition for

17 classification under subparagraph (A)(iii), (A)(iv),

18 (A)(vii), (B)(ii), (B)(iii), or (B)(vi) of section

19 204(a)(1), subsection (a) shall not be applicable to’’.

20 (B) The amendments made by paragraph (1)

21 shall apply to applications for adjustment of status

22 pending on or made on or after January 14, 1998.

23 (h) ELIMINATING TIME LIMITATIONS ON MOTIONS

24 TO REOPEN REMOVAL AND DEPORTATION PROCEEDINGS

25 FOR VICTIMS OF DOMESTIC VIOLENCE.—
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1 (1) REMOVAL PROCEEDINGS.—

2 (A) IN GENERAL.—Section 240(c)(6)(C) of

3 the Immigration and Nationality Act (8 U.S.C.

4 1229a(c)(6)(C)) is amended by adding at the

5 end the following:

6 ‘‘(iv) SPECIAL RULE FOR BATTERED

7 SPOUSES AND CHILDREN.—If the basis of

8 the motion is to apply for relief or adjust9 ment of status based on a petition filed

10 under clause (iii), (iv), or (vii) of section

11 204(a)(1)(A), clause (ii), (iii), or (vi) of

12 section 204(a)(1)(B), or section

13 240A(b)(2) and if the motion is accom14 panied by evidence of exigent cir15 cumstances and by a cancellation of re16 moval application to be filed with the At17 torney General, or by a copy of the self-pe18 tition that will be filed with the Immigra19 tion and Naturalization Service upon the

20 granting of the motion to reopen, the mo21 tion to reopen may be granted in the At22 torney General’s sole and unreviewable dis23 cretion.’’.

24 (B) EFFECTIVE DATE.—The amendments

25 made by subparagraph (A) shall take effect as
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1 if included in the enactment of section 304 of

2 the Illegal Immigration Reform and Immigrant

3 Responsibility Act of 1996 (Public Law No.

4 104–208, Div. C., 110 Stat. 3009–546, 3009–

5 589 (8 U.S.C. 1229(a))).

6 (2) DEPORTATION PROCEEDINGS.—

7 (A) IN GENERAL.—Notwithstanding any

8 limitation imposed by law on motions to reopen

9 deportation proceedings under the Immigration

10 and Nationality Act (as in effect before the title

11 III–A effective date in section 309 of the Illegal

12 Immigration Reform and Immigrant Responsi13 bility Act of 1996 (8 U.S.C. 1101 note)), if the

14 basis of the motion is to apply for relief or ad15 justment of status based on a petition filed

16 under clause (iii), (iv), or (vii) of section

17 204(a)(1)(A), clause (ii), (iii), or (vi) of section

18 204(a)(1)(B), or section 240A(b)(2) and if the

19 motion is accompanied by evidence of exigent

20 circumstances and by a cancellation of removal

21 application to be filed with the Attorney Gen22 eral, or by a copy of the self-petition that will

23 be filed with the Immigration and Naturaliza24 tion Service upon the granting of the motion to

25 reopen, the motion to reopen may be granted in
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1 the Attorney General’s sole and unreviewable

2 discretion.

3 (B) APPLICABILITY.—Subparagraph (a)

4 shall apply to motions filed by aliens who—

5 (i) are, or were, in deportation pro6 ceedings under the Immigration and Na7 tionality Act (as in effect before the title

8 III–A effective date in section 309 of the

9 Illegal Immigration Reform and Immigrant

10 Responsibility Act of 1996 (8 U.S.C. 1101

11 note)); and

12 (ii) have become eligible to apply for

13 relief under clause (iii), (iv) or (vii) of sec14 tion 204(a)(1)(A) of the Immigration and

15 Nationality Act, clause (ii), (iii), or (vi) of

16 section 204(A)(1)(B) of such Act, or sec17 tion 244(a)(3) of such Act (as in effect be18 fore) the title III–A effective date in sec19 tion 309 of the Illegal Immigration Reform

20 and Immigration Responsibility Act of

21 1996 (8 U.S.C. 1101 note)) as a result of

22 the amendments made by—

23 (I) subtitle G of title IV of the

24 Violent Crime Control and Law En-
318

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1 forcement Act of 1994 (Public Law

2 103–322; 108 Stat. 1953 et seq.); or

3 (II) section 5008 of this Act.

4 (i) CANCELLATION OF REMOVAL; ADJUSTMENT OF

5 STATUS.—(1)(A) Paragraph (1) of section 240A(d) of the

6 Immigration and Nationality Act (8 U.S.C. 1229b(d)(1))

7 is amended to read as follows:

8 ‘‘(1) TERMINATION OF CONTINUOUS PERIOD.—

9 ‘‘(A) IN GENERAL.—Except as provided in

10 subparagraph (B), for purposes of this section,

11 any period of continuous residence or contin12 uous physical presence in the United States

13 shall be deemed to end when the alien is served

14 a notice to appear under section 239(a) or when

15 the alien has committed an offense referred to

16 in section 212(a)(2) that renders the alien inad17 missible to the United States or removable from

18 the United States under section 237(a)(2) or

19 237(a)(4), whichever is earliest.

20 ‘‘(B) SPECIAL RULE FOR BATTERED

21 SPOUSE OR CHILD.—For purposes of subsection

22 (b)(2), the service of a notice to appear referred

23 to in subparagraph (A) shall not be deemed to

24 end any period of continuous physical presence

25 in the United States.’’.
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1 (B) Section 240A(e)(3) of the Immigration and Na2 tionality Act (8 U.S.C. 1229b(d)(1)) is amended by adding

3 at the end the following new subsection:

4 ‘‘(C) Aliens in removal proceedings who

5 applied for cancellation of removal under sec6 tion 240A(b)(2).’’.

7 (C) The amendments made by subparagraphs (A)

8 and (B) shall take effect as if included in the enactment

9 of section 304 of the Illegal Immigration Reform and Im10 migrant Responsibility Act of 1996 (Public Law 104–208;

11 110 Stat. 587).

12 (2)(A) Section 309(c)(5)(C) of the Illegal Immigra13 tion Reform and Immigrant Responsibility Act of 1996

14 (8 U.S.C. 1101 note) is amended—

15 (i) by amending the subparagraph heading to

16 read as follows:

17 ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS

18 GRANTED TEMPORARY PROTECTION FROM DE19 PORTATION AND FOR BATTERED SPOUSES AND

20 CHILDREN.’’; and

21 (ii) in clause (i)—

22 (I) by striking ‘‘or’’ at the end of subclause

23 (IV);

24 (II) by striking the period at the end of

25 subclause (V) and inserting ‘‘; or’’; and
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1 (III) by adding at the end the following:

2 ‘‘(VI) is an alien who was issued

3 an order to show cause or was in de4 portation proceedings prior to April 1,

5 1997, and who applied for suspension

6 of deportation under section 244(a)(3)

7 of the Immigration and Nationality

8 Act (as in effect before the date of the

9 enactment of this Act).’’.

10 (B) The amendments made by subparagraph (A)

11 shall take effect as if included in the enactment of section

12 309 of the Illegal Immigration Reform and Immigrant Re13 sponsibility Act of 1996 (8 U.S.C. 1101 note).

14 (3) Section 240A(d)(2) of the Immigration and Na15 tionality Act (8 U.S.C. 1229b(d)(2)) is amended by adding

16 at the end the following: ‘‘The Attorney General may

17 waive the provisions of this subsection in the case of an

18 alien applying for cancellation of removal as a battered

19 spouse or child provided that the alien demonstrates that

20 the absences were connected to the battery or extreme cru21 elty forming the basis for the application for cancellation

22 of removal.’’.

23 (4) Section 244(a)(3) of the Immigration and Nation24 ality Act (as in effect before the title III–A effective date

25 of the Illegal Immigration Reform and Immigrant Respon-
321

S 2783 IS

1 sibility Act of 1996, (Public Law No. 104–208, Div. C,

2 110 Stat. 3009–546, 3009–625 (8 U.S.C. 1101 note)))

3 is amended by adding at the end the following: ‘‘The At4 torney General may waive the physical presence require5 ment for humanitarian purposes if the alien demonstrates

6 a connection between the absences and the battery or ex7 treme cruelty forming the basis of the application for sus8 pension of deportation.’’.

9 ( j) EFFECT ON OTHER GOALS.—Section 287(g)(10)

10 of the Immigration and Nationality Act (8 U.S.C.

11 1357(g)(10)) is amended by adding at the end the fol12 lowing: ‘‘It is the intent of the Congress that none of the

13 provisions in this section have the effect of discouraging

14 crime victim cooperation with law enforcement and pros15 ecutors. Public policy favors encouraging prosecution of

16 criminals and nothing in this section shall be construed

17 to discourage crime victims, including domestic violence

18 victims, from reporting crimes committed against them to

19 police, from cooperating in criminal prosecutions, or from

20 obtaining from courts protection orders or other legal re21 lief under State and Federal laws needed to protect crime

22 victims from ongoing violence.’’.

23 (k) ENSURING PROTECTION FOR ABUSED CHILDREN

24 AND CHILDREN OF BATTERED IMMIGRANTS.—Section
322

S 2783 IS

1 101(b)(1) of the Immigration and Nationality Act (8

2 U.S.C. 1101(b)(1)) is amended—

3 (1) by striking ‘‘or’’ at the end of subparagraph

4 (E);

5 (2) by striking the period at the end of sub6 paragraph (F) and inserting ‘‘; or’’; and

7 (3) by adding at the end the following:

8 ‘‘(G) a child who turns 21 years old re9 mains a child under this section for the pur10 poses of clauses (iii) and (iv) of section

11 204(a)(1)(A), clauses (ii) and (iii) of section

12 204(a)(1)(B), section 240A(b)(2), and section

13 244(a)(3) (as in effect before the date of the

14 enactment of the Illegal Immigration reform

15 and Immigrant Responsibility Act of 1996) if,

16 on the date a petition or application was filed

17 by the child or their parent under any of these

18 sections the child—

19 ‘‘(i) met the definition of child in sub20 paragraphs (A) through (F) of this para21 graph; and

22 ‘‘(ii) was under the age of 21 on the

23 date the application or petition was filed.’’.

24 (l) IMMEDIATE RELATIVE STATUS FOR SELF-PETI25 TIONING SON OR DAUGHTER OF U.S. CITIZEN.—Section
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S 2783 IS

1 204(a)(1)(A) of the Immigration and Nationality Act (8

2 U.S.C. 1154(a)(1)(A)), as amended by subsection (d)(2)

3 of this Act, is amended by adding at the end the following:

4 ‘‘(vii) An alien who is the son or

5 daughter of a citizen of the United States,

6 who is a person of good moral character,

7 who is eligible for classification by reason

8 of a relationship described in paragraph

9 (1) of section 203(a), and who resides or

10 has resided, including visitation, in the

11 past with the citizen parent may file a pe12 tition with the Attorney General under this

13 clause for classification of the alien (and

14 any child of such alien) under such section

15 if the alien demonstrates to the Attorney

16 General that during the period of residence

17 or visitation with the citizen parent the

18 alien has been battered by, or has been the

19 subject of extreme cruelty perpetrated by,

20 the alien’s citizen parent, and the battery

21 or extreme cruelty occurred before the son

22 or daughter reached the age of 21.’’.

23 (m) SECOND PREFERENCE STATUS FOR SELF-PETI24 TIONING SON OR DAUGHTER OF LAWFUL PERMANENT

25 RESIDENT.—Section 204(a)(1)(B) of the Immigration
324

S 2783 IS

1 and Nationality Act (8 U.S.C. 1154(a)(1)(b)) is amended

2 by adding at the end the following:

3 ‘‘(vi) An alien who is the son or

4 daughter of lawful permanent resident of

5 the United States, who is a person of good

6 moral character, who is eligible for classi7 fication by reason of a relationship de8 scribed in paragraph (2) of section 203(a),

9 and who resides or has resided, including

10 visitation, in the past with the lawful per11 manent resident parent may file a petition

12 with the Attorney General under this

13 clause for classification of the alien under

14 such section if the alien demonstrates to

15 the Attorney General that during the pe16 riod of residence, or visitation, with the

17 lawful permanent resident parent the alien

18 has been battered by, or has been the sub19 ject of extreme cruelty perpetrated by, the

20 alien’s lawful permanent resident parent,

21 and the battery or extreme cruelty oc22 curred before the son or daughter reached

23 the age of 21.’’.

24 (n) TREATMENT OF DERIVATIVES.—Section 203(d)

25 of the Immigration and Nationality Act (8 U.S.C.
325

S 2783 IS

1 1153(d)) is amended by adding at the end the following:

2 ‘‘In the case of alien sons and daughters who were in3 cluded as children in self-petitions filed under sections

4 204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) upon the derivative

5 child’s 21st birthday their immigration classification shall

6 be regarded as having been approved, or if not yet ap7 proved, may be approved, for status under section

8 203(a)(1), (2) or (3), whichever is applicable. The deriva9 tive will retain the same priority date as the priority date

10 of the self-petition filed under section 204(a)(1)(A)(iii) or

11 204(a)(1)(B)(ii) and shall remain eligible for deferred ac12 tion and work authorization.

13 (o) STATUTORY CONSTRUCTION ON LEGAL ASSIST14 ANCE FUNDS.—Section 502 of the Departments of Com15 merce, Justice and State, the Judiciary and Related Agen16 cies Appropriations Act, 1998 (Public Law 105–119) is

17 amended by adding at the end the following:

18 ‘‘(c) This section shall not be construed to prohibit

19 a recipient from—

20 ‘‘(1) using funds derived from a source other

21 than the Legal Services Corporation to provide re22 lated legal assistance (as that term is defined in sub23 section (b)(2)) to any alien has a relationship cov24 ered by the domestic violence laws of the State in
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1 which the alien who resides or in which an incidence

2 of violence occurred;

3 ‘‘(2) using Legal Services Corporation funds to

4 provide related legal assistance to any alien who has

5 been battered or subjected to extreme cruelty who

6 qualifies for relief under clause (iii), (iv), or (vii) of

7 section 204(a)(1)(A) or clause (ii), (iii), or (vi) of

8 section 204(a)(1)(B) of the Immigration and Na9 tionality Act (8 U.S.C. 1154(a)(1)(B)).’’.

10 (p) REPORT.—Not later than one year after the date

11 of enactment of this Act, the Attorney General shall sub12 mit a report to the Committees on the Judiciary of the

13 Senate and House of Representatives on—

14 (1) the number of and processing times of peti15 tions under clauses (iii) and (iv) of section

16 204(a)(1)(A) (8 U.S.C. 1154(a)(1)(A)) and clauses

17 (ii) and (iii) of section 204(a)(1)(B) (8 U.S.C.

18 1154(a)(1)(B)) at district offices of the Immigration

19 and Naturalization Service and at the regional office

20 of the Service in St. Albans, Vermont;

21 (2) the policy and procedures of the Immigra22 tion and Naturalization Service by which an alien

23 who has been battered or subjected to extreme cru24 elty who is eligible for suspension of deportation or

25 cancellation of removal can place such alien in de-
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1 portation or removal proceedings so that such alien

2 may apply for suspension of deportation or cancella3 tion of removal, the number of requests filed at each

4 district office under this policy and the number of

5 these requests granted broken out by District; and

6 (3) the average length of time at each Immigra7 tion and Naturalization office between the date that

8 an alien who has been subject to battering or ex9 treme cruelty eligible for suspension of deportation

10 or cancellation of removal requests to be placed in

11 deportation or removal proceedings and the date

12 that an immigrant appears before an immigration

13 judge to file an application for suspension of depor14 tation or cancellation of removal.

15 (q) NONAPPLICABILITY OF SPECIAL RULES RELAT16 ING TO THE TREATMENT OF NON-213A ALIENS.—Section

17 408(f)(6) of the Social Security Act (42 U.S.C. 608(f)(6))

18 is amended—

19 (1) in subparagraph (B), by striking ‘‘or’’ at

20 the end;

21 (2) in subparagraph (C), by striking the period

22 and inserting ‘‘; or’’; and

23 (3) by adding at the end the following:

24 ‘‘(D) described in section 421(f) of the

25 Personal Responsibility and Work Opportunity
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S 2783 IS

1 Reconciliation Act of 1996 (8 U.S.C. 1631(f))

2 but for the fact that the individual is a non3 213A alien.’’.

4 (r) REDUCING AN ABUSER’S CONTROL OVER A BAT5 TERED IMMIGRANT’S IMMIGRATION CASE.—Section 205

6 of the Immigration and Nationality Act is amended by

7 adding at the end thereof the following: ‘‘When a bene8 ficiary of a petition filed under section 204 provides the

9 Attorney General with credible evidence of battery or ex10 treme cruelty as defined in sections 216(c)(4)(C) and

11 204(a)(1)(A) or 204(a)(1)(B), the Attorney General shall

12 adjudicate the application filed under section 204 even

13 when the petitioner withdraws the application, when the

14 petitioner fails to appear at the interview, when the peti15 tioner has failed to file an affidavit of support, or when

16 the petitioner’s actions could result or resulted in the rev17 ocation of the petition.’’.

18 SEC. 4009. REAUTHORIZATION AND AMENDMENT OF PRO19 GRAMS UNDER THE FAMILY VIOLENCE PRE20 VENTION AND SERVICES ACT.

21 (a) SECRETARIAL RESPONSIBILITIES.—Section

22 305(a) of the Family Violence Prevention and Services Act

23 (42 U.S.C. 10404(a)) is amended—

24 (1) by striking ‘‘an employee’’ and inserting

25 ‘‘one or more employees’’; and
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1 (2) by striking ‘‘individual’’ and inserting ‘‘indi2 viduals’’.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—Section 310(a) of that Act

5 (42 U.S.C. 10409(a)) is amended by striking all

6 that follows ‘‘to carry out this title’’ and inserting

7 ‘‘$102,300,000 for fiscal such sums as may be nec8 essary for each of fiscal years 2001 through 2005.’’.

9 (2) SECRETARY’S SET-ASIDE.—Section 310 of

10 that Act (42 U.S.C. 10409) is amended—

11 (A) by redesignating subsections (b), (c),

12 (d), and (e) as subsections (c), (d), (e), and (f),

13 respectively;

14 (B) by inserting after subsection (a) the

15 following subsection:

16 ‘‘(b) SECRETARY’S SET-ASIDE.—Of the amounts ap17 propriated under subsection (a) for each fiscal year, 1.5

18 percent shall be used by the Secretary for monitoring,

19 stewardship, and administrative activities related to sec20 tions 303, 308, 311, and 316 of this Act (42 U.S.C.

21 10402, 10407, 10410, and 10416), and shall remain avail22 able until expended for such purposes.’’; and

23 (C) by inserting after the words ‘‘for each

24 fiscal year’’ in each place where such words ap25 pear in subsections (c), (d), and (e) (as redesig-
330

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1 nated by subparagraph (A)), the following:

2 ‘‘and remaining after the set-aside required by

3 subsection (b)’’.

4 (c) STATE DOMESTIC VIOLENCE COALITIONS: ELIMI5 NATION OF SEPARATE AUTHORIZATION OF APPROPRIA6 TIONS.—Section 311 of that Act (42 U.S.C. 10410) is

7 amended—

8 (1) by striking subsection (g); and

9 (2) by redesignating subsection (h) as sub10 section (g).

11 (d) NATIONAL DOMESTIC VIOLENCE HOTLINE

12 GRANT.—Section 316(f) of that Act (42 U.S.C. 10416(f))

13 is amended by striking all that follows ‘‘to carry out this

14 section’’ and inserting ‘‘such sums as may be necessary

15 for each of fiscal years 2001 through 2005.’’.

16 (e) DEMONSTRATION GRANTS FOR COMMUNITY INI17 TIATIVES.—Section 318(h) of that Act (42 U.S.C.

18 10418(h)) is amended by striking all that follows ‘‘to carry

19 out this section’’ and inserting ‘‘such sums as may be nec20 essary for each of fiscal years 2001 through 2005.’’.

21 (f) CULTURALLY APPROPRIATE SEXUAL ASSAULT

22 SERVICES FOR UNDERSERVED POPULATIONS.—That Act

23 is amended by adding the following section:
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S 2783 IS

1 ‘‘SEC. 319. CULTURALLY APPROPRIATE SEXUAL ASSAULT

2 PREVENTION AND TREATMENT SERVICES

3 FOR UNDERSERVED POPULATIONS.

4 ‘‘(a) IN GENERAL.—The Secretary may, directly or

5 by grant or contract, provide for culturally appropriate

6 sexual assault prevention and treatment services for un7 derserved populations, including ethnic minority popu8 lations, rural communities, American Indians and Alaskan

9 Natives, and people with disabilities.

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to carry out this section

12 $1,500,000 for fiscal year 2001 and such sums as may

13 be necessary for each of fiscal years 2002 through 2005.’’.

14 (g) MONITORING VIOLENCE AGAINST WOMEN.—

15 That Act, as amended by subsection (f), is further amend16 ed by adding the following section:

17 ‘‘SEC. 320. MONITORING VIOLENCE AGAINST WOMEN.

18 ‘‘(a) NATIONAL SURVEY OF VIOLENCE AGAINST

19 WOMEN.—The Secretary may, directly or by grant or con20 tract, and in cooperation with the Attorney General, con21 duct a biennial survey of violence against women.

22 ‘‘(b) MONITORING DOMESTIC VIOLENCE AND SEX23 UAL ASSAULT THROUGH EXISTING DATA.—The Sec24 retary may, directly or by grant or contract, develop pro25 grams to use existing data to monitor domestic violence
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1 and sexual assault in a State or a local community. Such

2 programs may use data from sources that may include—

3 ‘‘(1) public health agencies;

4 ‘‘(2) public and private social service agencies

5 and organizations;

6 ‘‘(3) criminal justice agencies;

7 ‘‘(4) public agencies and private organizations

8 concerned with domestic violence; and

9 ‘‘(5) public agencies and private organizations

10 concerned with sexual assault.

11 ‘‘(c) AUGMENTATION OF EXISTING DATA

12 SOURCES.—The Secretary may, directly or by grant or

13 contract, study and evaluate the use, for purposes of

14 studying violence against women, of existing sources of in15 formation other than data that are routinely collected by

16 State and local governments.

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this section

19 such sums as may be necessary for each of fiscal years

20 2001 through 2005.’’.

21 (h) DEMONSTRATION PROGRAM FOR PREVENTING

22 AND TREATING VIOLENCE AGAINST WOMEN.—That Act,

23 as amended by subsections (f) and (g), is further amended

24 by adding the following section:
333

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1 ‘‘SEC. 321. DEMONSTRATION PROGRAM FOR PREVENTING

2 AND TREATING VIOLENCE AGAINST WOMEN.

3 ‘‘(a) IN GENERAL.—The Secretary shall, directly or

4 by grant or contract, provide for innovative and com5 prehensive ways to—

6 ‘‘(1) conduct activities designed to prevent do7 mestic violence and sexual assault;

8 ‘‘(2) deliver services to victims of domestic vio9 lence and sexual assault, to their families, and to the

10 perpetrators of such violence and assault; and

11 ‘‘(3) provide access to help for victims of do12 mestic violence and sexual assault, to their families,

13 and to the perpetrators of such violence and assault.

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out this section

16 $2,500,000 for fiscal year 2001 and such sums as may

17 be necessary for each of fiscal years 2002 through 2005.’’.

18 SEC. 4010. CIVIL LEGAL ASSISTANCE GRANTS.

19 (a) IN GENERAL.—The purpose of this section is to

20 enable the Attorney General to make grants to further the

21 health, safety, and economic well-being of victims of do22 mestic violence, stalking and sexual assault by providing

23 civil legal assistance to such victims.

24 (b) DEFINITIONS.—In this section—

25 (1) ‘‘Domestic violence’’ has the same meaning

26 given that term in section 2003 of title I of the Om-
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S 2783 IS

1 nibus Crime Control and Safe Streets Act of 1968

2 (42 U.S.C. 3796gg–2), as amended by this Act;

3 (2) ‘‘Civil legal assistance’’ means assistance to

4 victims of domestic violence, stalking and sexual as5 sault in family, criminal protection or stay away or6 ders, immigration, disability, welfare, other public

7 benefits or similar matters;

8 (3) ‘‘Sexual assault’’ has the same meaning

9 given that term in section 2003 of title I of the Om10 nibus Crime Control and Safe Streets Act of 1968

11 (42 U.S.C. 3796gg–2), as amended by this Act; and

12 (4) ‘‘Stalking’’ means a course of conduct di13 rected at a specific person that involves repeated vis14 ual or physical proximity, nonconsensual commu15 nication, or verbal, written or implied threats, or a

16 combination thereof, that would cause a reasonable

17 person fear.

18 (c) CIVIL LEGAL ASSISTANCE GRANTS.—The Attor19 ney General may make grants under this section to private

20 non-profit entities, publicly funded organizations not act21 ing in a governmental capacity, such as law schools, and

22 Indian tribal governments and affiliated organizations,

23 which shall be used to—

24 (1) implement, expand and establish cooperative

25 efforts and projects between domestic and sexual as-
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S 2783 IS

1 sault victim advocacy organizations and civil legal

2 assistance providers to strengthen civil legal assist3 ance for victims of domestic violence, stalking and

4 sexual assault;

5 (2) implement, expand, and establish efforts

6 and projects to strengthen a braod range of civil

7 legal assistance for victims of domestic violence,

8 stalking and sexual assault by organizations with a

9 demonstrated history of providing direct legal or ad10 vocacy services on behalf of these victims;

11 (3) provide training, technical assistance and

12 data collection to improve the capacity of grantees

13 and other entities to offer civil legal assistance to

14 victims of domestic violence, stalking and sexual as15 sault.

16 (d) EVALUATION.—The Attorney General may evalu17 ate the grants funded under this section through contracts

18 or other arrangements with entities that are expert on do19 mestic violence, stalking, sexual assault and evaluation re20 search.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) There are authorized to be appropriated to

23 carry out this section—

24 (A) $35,000,000 for fiscal year 2001; and
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1 (B) such sums as may be necessary for

2 each of fiscal years 2002 through 2005.

3 (2) Of the amounts made available under this

4 section in each fiscal year, not less than five percent

5 shall be used for grants for programs that assist vic6 tims of domestic violence, sexual assault or stalking

7 on lands within the jurisdiction of an Indian tribe.

8 (3) Amounts made available under this section

9 shall be used to supplement and not supplant other

10 federal, state and local funds that are expended for

11 the purposes of this section.

12 SEC. 4011. AUTHORIZATION OF APPROPRIATIONS FOR

13 RAPE PREVENTION EDUCATION.

14 (a) TECHNICAL CORRECTION TO ACCOMPLISH

15 ORIGINAL INTENT OF PROVISION ADDING RAPE EDU16 CATION AUTHORITY TO PUBLIC HEALTH SERVICE ACT.—

17 (1) CORRECTION.—Section 40151 of the Vio18 lence Against Women Act of 1994 (title IV of Public

19 Law 103–322) is amended by striking ‘‘the Public

20 Health and Human Services Act’’ and inserting ‘‘the

21 Public Health Service Act’’.

22 (2) EFFECTIVE DATE.—Paragraph (1) shall

23 take effect as if included in the Violence Against

24 Women Act of 1994.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1910A(c) of the Public Health Service Act (42 U.S.C.

3 300w–10(c)) is amended by striking out ‘‘to carry out this

4 section—’’ and all that follows and inserting in lieu there5 of ‘‘to carry out this section $44,105,000 for fiscal year

6 2001 and such sums as may be necessary for each of fiscal

7 years 2002 through 2005.’’.

8 Subtitle B—Children Exposed to

9 Violence

10 SEC. 4012. CHILD ABUSE MURDERS.

11 Section 1111 of title 18, United States Code, is

12 amended—

13 (1) in subsection (a)—

14 (A) by inserting ‘‘child abuse,’’ after ‘‘sex15 ual abuse,’’; and

16 (B) by inserting ‘‘or perpetrated as part of

17 a pattern or practice of assault or torture

18 against a child or children;’’ after ‘‘robbery;’’;

19 and

20 (2) by inserting at the end the following:

21 ‘‘(c) For purposes of this section—

22 ‘‘(1) ‘assault’ has the same meaning as in sec23 tion 113;

24 ‘‘(2) ‘child’ means a person who is below the

25 age of 18 years and is—
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1 ‘‘(A) under the perpetrator’s care or con2 trol; or

3 ‘‘(B) at least six years younger than the

4 perpetrator;

5 ‘‘(3) ‘child abuse’ means intentionally, know6 ingly, or recklessly causing death or serious bodily

7 injury to a child;

8 ‘‘(4) ‘pattern or practice of assault or torture’

9 means assault or torture engaged in on at least two

10 occasions;

11 ‘‘(5) ‘recklessly causing death or serious bodily

12 injury’ means causing death or serious bodily injury

13 under circumstances in which the perpetrator is

14 aware of and disregards a grave risk of death or se15 rious bodily injury. Recklessness can be inferred

16 from the character, manner, and circumstances of

17 the perpetrator’s conduct;

18 ‘‘(6) ‘serious bodily injury’ has the meaning set

19 forth in section 1365; and

20 ‘‘(7) ‘torture’ means an act, whether or not

21 committed under the color of law, that otherwise

22 satisfies the definition set forth in section 2340(1).’’.
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1 SEC. 4013. SENTENCING ENHANCEMENT FOR CRIMES COM2 MITTED IN THE PRESENCE OF CHILDREN.

3 (a) AMENDMENT TO THE FEDERAL SENTENCING

4 GUIDELINES.—

5 (1) DIRECTIVE TO THE UNITED STATES SEN6 TENCING COMMISSION.—Pursuant to its authority

7 under section 994(p) of title 28, United States Code,

8 and in accordance with this section, the United

9 States Sentencing Commission shall review and, if

10 appropriate, amend its guidelines and its policy

11 statements applicable to persons convicted of crimes

12 of violence that are committed in the presence of a

13 child.

14 (2) REQUIREMENTS.—In carrying out this sub15 section, the Sentencing Commission shall—

16 (A) ensure that the sentencing guidelines

17 and policy statements reflect the serious effects

18 on children of exposure to violence, especially in

19 the home, and the need for aggressive and ap20 propriate law enforcement action to prevent

21 such exposure;

22 (B) consider providing an additional sen23 tencing enhancement for persons convicted of

24 offenses described in paragraph (1) in appro25 priate circumstances;
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1 (C) as part of the review described in para2 graph (1), consult with—

3 (i) individuals or organizations with

4 experience providing advocacy for or other

5 services to crime victims generally, victims

6 of domestic violence, sexual assault, and

7 stalking, and children who witness violence,

8 including individuals or organizations in9 volved with such persons in Indian Country

10 and Alaskan Native Villages; and

11 (ii) individuals or organizations rep12 resenting law enforcement and the Federal

13 judiciary;

14 (D) assure that government-to-government

15 consultation occurs with Indian tribes as to the

16 impacts of sentencing enhancements on tribal

17 members under Federal jurisdiction;

18 (E) assure reasonable consistency with

19 other relevant directives and with other guide20 lines;

21 (F) account for any aggravating or miti22 gating circumstances that might justify excep23 tions, including circumstances for which the

24 sentencing guidelines currently provide sen25 tencing enhancements;
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1 (G) make any necessary conforming

2 changes to the sentencing guidelines; and

3 (H) assure that the guidelines adequately

4 meet the purposes of sentencing as set forth in

5 section 3553(a)(2) of title 18, United States

6 Code.

7 (3) EMERGENCY AUTHORITY.—The Commission

8 may promulgate guidelines, policy statements or

9 amendments thereto under this section in accord10 ance with the procedures set forth in section 21(a)

11 of the Sentencing Act of 1987, as though the au12 thority under that Act had not expired.

13 (b) STUDY AND REPORT ON EXPOSURE OF CHIL14 DREN TO CRIMES OF VIOLENCE.—Not later than Decem15 ber 1, 2000, the United States Sentencing Commission

16 shall submit a report to Congress on issues relating to the

17 exposure of children to crimes of violence. The report shall

18 explain the changes, if any, to sentencing policy made by

19 the Sentencing Commission in response to this section and

20 include any recommendations that the Commission may

21 have for retention or modification of current penalty lev22 els, including statutory penalty levels, and for otherwise

23 combating exposure of children to crimes of violence and

24 the serious effects that are associated with such exposure.
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1 SEC. 4014. AMENDMENTS RELATING TO CHILD VICTIMS’

2 AND CHILD WITNESSES’ RIGHTS.

3 (a) Section 3509(a)(2) of title 18, United States

4 Code, is amended—

5 (1) in subparagraph (A), by striking ‘‘of phys6 ical abuse, sexual abuse, or exploitation’’; and

7 (2) in subparagraph (B), by striking ‘‘com8 mitted against another person’’ and inserting

9 ‘‘, other than a crime the child committed or to

10 which the child contributed as a co-defendant or

11 charged conspirator’’.

12 (b) Paragraphs (1)(A) and (2)(A) of section 3509(b)

13 of title 18, United States Code, are each amended by in14 serting ‘‘or an offense to which a child is a witness’’ after

15 ‘‘child’’.

16 (c) Section 3509(h)(1) of title 18, United States

17 Code, is amended by striking ‘‘involving abuse or exploi18 tation’’.

19 (d) Section 3509 of title 18, United States Code, is

20 amended by inserting ‘‘or a person who was a child at

21 the time of the crime’’ after ‘‘child’’ each place it appears

22 in paragraphs (1), (2), and (3)(A) of subsection (d), the

23 second and third places it appears in subsection (d)(3)(B),

24 the first and third places it appears in subsection (d)(4),

25 and each place it appears in subsection (e).
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1 (e) Section 3509(d) of title 18, United States Code,

2 is amended—

3 (1) in paragraph (1)(A), by inserting ‘‘, evi4 dence, or other items’’ after ‘‘documents’’ each place

5 it appears;

6 (2) in paragraph (2), by inserting ‘‘, evidence,

7 or other items’’ after ‘‘papers’’;

8 (3) in paragraph (2) (A) and (B), by inserting

9 ‘‘, evidence, or other items’’ after ‘‘paper’’;

10 (4) in paragraph (2)(B), by striking ‘‘of it’’;

11 (5) in paragraph (1)(A), by inserting at the

12 end: ‘‘This limitation applies regardless of whether

13 the person continues to act in a capacity described

14 in subparagraph (B) at the time of such disclo15 sure.’’;

16 (6) in paragraph (4), by striking ‘‘or an adult

17 attendant’’ and inserting ‘‘an adult attendant, a vic18 tim or witness assistance program’’; and

19 (7) by adding at the end the following:

20 ‘‘(5) The provisions of this subsection may be

21 applied to proceedings of the Grand Jury, including

22 lists of witnesses and exhibits.’’.

23 (f) Section 3509(i) of title 18, United States Code,

24 is amended by—
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1 (1) striking ‘‘child attendant’’ and inserting

2 ‘‘adult attendant’’; and

3 (2) adding ‘‘if such testimony or deposition is

4 carried out under subsection (b)’’ before the final

5 period.

6 SEC. 4015. TECHNICAL CORRECTIONS TO FORFEITURE

7 STATUTES FOR SEXUAL EXPLOITATION OF

8 MINORS.

9 (a) CRIMINAL FORFEITURE FOR OFFENSES AGAINST

10 MINORS.—Section 2253 of title 18, United States Code,

11 is amended by striking ‘‘or 2423’’ and inserting ‘‘2423,

12 or 2425’’.

13 (b) CIVIL FORFEITURE FOR OFFENSES AGAINST MI14 NORS.—Section 2254 of title 18, United States Code, is

15 amended by striking ‘‘or 2423’’ and inserting ‘‘2423, or

16 2425’’.

17 (c) CIVIL REMEDY FOR PERSONAL INJURIES RE18 SULTING FROM CERTAIN SEX CRIMES AGAINST CHIL19 DREN.—Section 2255(a) of title 18, United States Code,

20 is amended by striking ‘‘or 2423’’ and inserting ‘‘2423,

21 or 2425’’.

22 SEC. 4016. AMENDMENT TO RESTITUTION STATUTES.

23 (a) Section 3663(b)(2) of title 18, United States

24 Code, is amended by striking ‘‘including an offense under
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1 chapter 109A or chapter 110’’ and inserting ‘‘or any of2 fense under chapter 109A, chapter 110, or chapter 117’’.

3 (b) Section 2253 of title 18, United States Code, is

4 amended by adding at the end the following:

5 ‘‘(p) VICTIMS AND RESTITUTION.—

6 ‘‘(1) The defendant may not use property sub7 ject to forfeiture under this section to satisfy an

8 order of restitution. However, if there are identifi9 able victims entitled to restitution from the defend10 ant under section 2259 or 3663, and the defendant

11 has no assets other than property subject to for12 feiture with which to pay restitution to the victims,

13 the government may move to dismiss the forfeiture

14 allegations before entry of a judgment of forfeiture

15 to allow the property to be used by the defendant

16 to pay restitution in whatever manner the court de17 termines to be appropriate if it grants the govern18 ment’s motion.

19 ‘‘(2) If an order of forfeiture is entered pursu20 ant to this section and the defendant has no assets

21 other than the forfeited property to pay restitution

22 to identifiable victims who are entitled to restitution,

23 the government shall restore the forfeited property

24 to the victims pursuant to subsection (h)(1) once the

25 ancillary proceeding under subsection (m) has been
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1 completed and the costs of the forfeiture action have

2 been deducted. On the motion of the government,

3 the court may enter any order necessary to facilitate

4 the distribution of the property under this sub5 section.

6 ‘‘(3) For purposes of this subsection, a ‘victim’

7 is a person other than a person with a legal right,

8 title or interest in the forfeited property sufficient to

9 satisfy the standing requirement of subsection

10 (m)(2) who may nevertheless be entitled to restitu11 tion from the forfeited funds pursuant to 28 CFR

12 part 9.8. A person shall be considered a ‘victim’ if

13 the person is the victim of the offense giving rise to

14 the forfeiture, or of any offense that was part of the

15 same scheme, conspiracy, or pattern of criminal ac16 tivity, including any offense constituting the under17 lying specified unlawful activity.’’.

18 Subtitle C—Victims Assistance

19 SEC. 4021. ASSISTANCE FOR FEDERAL LAW ENFORCEMENT

20 VICTIM SERVICES.

21 Section 1404(c)(1) of the Victims of Crime Act (42

22 U.S.C. 10603(c)(1)) is amended by—

23 (1) striking ‘‘and’’ at the end of subparagraph

24 (A);
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1 (2) striking the period at the end of subpara2 graph (B) and inserting ‘‘;’’; and

3 (3) adding at the end the following:

4 ‘‘(C) to assist Federal law enforcement

5 agencies in providing services to victims of non6 Federal crime;

7 ‘‘(D) for the financial support of services

8 to U.S. citizens who are victims of crime occur9 ring outside the United States; and

10 ‘‘(E) for the establishment of a fellowship

11 or internship program in the Office to utilize

12 the expertise and experience of the victims com13 munity to carry out training and technical as14 sistance services and special projects authorized

15 by the subchapter.’’.

16 SEC. 4022. COMPENSATION AND ASSISTANCE TO VICTIMS

17 OF TERRORISM OR MASS VIOLENCE.

18 (a) IN GENERAL.—Section 1404B of the Victims of

19 Crime Act of 1984 (42 U.S.C. 10603b) is amended to read

20 as follows:

21 SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS

22 OF TERRORISM OR MASS VIOLENCE.

23 ‘‘(a) DEFINITIONS.—In this section—
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1 ‘‘(1) the term ‘eligible crime victim compensa2 tion program’ means a program that meets the re3 quirements of section 1403(b);

4 ‘‘(2) the term ‘eligible crime victim assistance

5 program’ means a program that meets the require6 ments of section 1404(b);

7 ‘‘(3) the term ‘public agency’ includes any Fed8 eral, State, or local government or nonprofit organi9 zation; and

10 ‘‘(4) the term ‘victim’—

11 ‘‘(A) means an individual who is citizen or

12 employee of the United States, and who is in13 jured or killed as a result of a terrorist act or

14 mass violence, whether occurring within or out15 side the United States; and

16 ‘‘(B) includes, in the case of an individual

17 described in subparagraph (A) who is deceased,

18 the family members of the individual.

19 ‘‘(b) GRANTS AUTHORIZED.—The Director may

20 make grants, as provided in either section 1402(d)(4)(B)

21 or 1404—

22 ‘‘(1) to States, which shall be used for eligible

23 crime victim compensation programs and eligible

24 crime victim assistance programs for the benefit of

25 victims; and
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1 ‘‘(2) to victim service organizations, and public

2 agencies that provide emergency or ongoing assist3 ance to victims of crime, which shall be used to pro4 vide, for the benefit of victims—

5 ‘‘(A) emergency relief (including compensa6 tion, assistance, and crisis response) and other

7 related victim services; and

8 ‘‘(B) training and technical assistance for

9 victim service providers.

10 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to supplant any compensation avail12 able under title VIII of the Omnibus Diplomatic Security

13 and Antiterrorism Act of 1986.’’.

14 (b) APPLICABILITY.—The amendment made by this

15 section applies to any terrorist act or mass violence occur16 ring on or after December 20, 1988, with respect to which

17 an investigation or prosecution was ongoing after April 24,

18 1996.

19 SEC. 4023. AMENDMENT TO THE CRIME VICTIMS WITH DIS20 ABILITIES ACT.

21 Section 5 of the Crime Victims With Disabilities

22 Awareness Act (42 U.S.C. 3732 note) is amended to read

23 as follows:
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1 SEC. 5. NATIONAL CRIME VICTIMIZATION SURVEY.

2 ‘‘Within one year of the completion of the study or3 dered under section 4, the Bureau of Justice Statistics

4 shall initiate revisions to the National Crime Victimization

5 Survey, following a period of experimentation and pre6 testing, designed to systematically gather data from indi7 viduals with developmental disabilities relating to—

8 ‘‘(a) the nature of crimes against such individ9 uals; and

10 ‘‘(b) the specific characteristics of such vic11 tims.’’.

12 SEC. 4024. EXPANDED JURISDICTION OVER CHILD BUYING

13 AND SELLING OFFENSES.

14 Section 2251A(c)(3) of title l8, United States Code,

15 is amended by striking ‘‘in any territory or possession of

16 the United States’’ and inserting ‘‘in the special maritime

17 and territorial jurisdiction of the United States or in any

18 commonwealth, territory, or possession of the United

19 States’’.

20 Subtitle D—Health Care Fraud and

21 Abuse

22 SEC. 4031. ATTORNEY GENERAL’S INJUNCTION AUTHORITY.

23 Section 1128B of the Social Security Act (42 U.S.C.

24 1320a–7b) is amended by adding at the end the following

25 new subsection:
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1 ‘‘(h) If the Attorney General has reason to believe

2 that a person is engaging about to engage in conduct con3 stituting an offense under this section, the Attorney Gen4 eral may petition an appropriate United States District

5 Court for an order prohibiting that person from engaging

6 in such conduct. The court may issue an order prohibiting

7 that person from engaging in such conduct if the court

8 finds that the conduct constitutes such an offense. The

9 filing of a petition under this section does not preclude

10 any other remedy that is available by law to the United

11 States or any other person.’’.

12 SEC. 4032. ATTORNEY GENERAL’S AUTHORITY TO SEEK

13 CIVIL PENALTIES.

14 Section 1128B of the Social Security Act (42 U.S.C.

15 § 1320a–7b), as amended by section 5031 of this Act, is

16 further amended by inserting after subsection (f) the fol17 lowing new subsection:

18 ‘‘(g)(1) The Attorney General may bring an action

19 in the district courts to impose upon any person who car20 ries out any activity in violation of this section with re21 spect to a Federal health care program a civil penalty of

22 $25,000 to $50,000 for each such violation, and damages

23 of three times the total remuneration offered, paid, solic24 ited, or received.
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1 ‘‘(2) A violation exists under paragraph (1) if one or

2 more purposes of the remuneration is unlawful, and the

3 damages shall be the full amount of such remuneration.

4 ‘‘(3) The procedures for actions under paragraph (1)

5 with regard to subpoenas, statutes of limitation, standards

6 of proof, and collateral estoppel shall be governed by sec7 tion 3731 of title 31, United States Code, and the Federal

8 Rules of Civil Procedure shall apply to actions brought

9 under this section.

10 ‘‘(4) This section does not affect the availability of

11 other criminal and civil remedies that may be available

12 for such violations.’’.

13 SEC. 4033. GRAND JURY DISCLOSURE.

14 Section 3322 of title 18, United States Code, is

15 amended—

16 (1) by redesignating subsections (c) and (d) as

17 subsections (d) and (e), respectively; and

18 (2) by inserting after subsection (b) the fol19 lowing new subsection:

20 ‘‘(c) A person who is privy to grand jury information

21 concerning a Federal health care offense, as defined in

22 section 24 of this title—

23 ‘‘(1) received in the course of duty as an attor24 ney for the government; or
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1 ‘‘(2) disclosed under rule 6(e)(3)(A)(ii) of the

2 Federal Rules of Criminal Procedure;

3 may disclose that information to an attorney for the gov4 ernment to use in any investigation or civil proceeding re5 lating to health care fraud or false claims.’’.

6 SEC. 4034. AUTHORIZED INVESTIGATIVE DEMAND PROCE7 DURES.

8 Subsection (a) of section 3486 of title 18, United

9 States Code, is amended by inserting after ‘‘Federal

10 health care offense’’, ‘‘, or any allegation of health care

11 fraud or false claims (whether criminal or civil),’’.

12 SEC. 4035. STUDY AND REPORT ON HEALTH CARE FRAUD

13 SENTENCES.

14 (a) DIRECTIVE TO THE UNITED STATES SEN15 TENCING COMMISSION.—Pursuant to its authority under

16 section 994(p) of title 28, United States Code, and in ac17 cordance with this section, the United States Sentencing

18 Commission shall review and, if appropriate, amend its

19 guidelines and its policy statements applicable to persons

20 convicted of health care fraud offenses.

21 (b) REQUIREMENTS.—In carrying out this section,

22 the Sentencing Commission shall:

23 (1) ensure that the sentencing guidelines and

24 policy statements reflect the serious harms associ25 ated with health care fraud and the need for aggres-
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1 sive and appropriate law enforcement action to pre2 vent such fraud;

3 (2) consider providing increased penalties for

4 persons convicted of health care fraud offenses in

5 appropriate circumstances;

6 (3) consult with individuals or groups rep7 resenting health care fraud victims, law enforcement

8 officials, the health care industry, and the Federal

9 judiciary as part of the review described in sub10 section (a);

11 (4) assure reasonable consistency with other

12 relevant directives and with other guidelines;

13 (5) account for any aggravating or mitigating

14 circumstances that might justify exceptions, includ15 ing circumstances for which the sentencing guide16 lines currently provide sentencing enhancements;

17 (6) make any necessary conforming changes to

18 the sentencing guidelines; and

19 (7) assure that the guidelines adequately meet

20 the purposes of sentencing as set forth in section

21 3553(a)(2) of title 18, United States Code.

22 (c) REPORT.—Not later than December 31, 2000, the

23 United States Sentencing Commission shall submit a re24 port to Congress on issues relating to health care fraud.

25 The report shall explain the changes, if any, to sentencing
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1 policy made by the Sentencing Commission in response to

2 this section and include any recommendations that the

3 Commission may have for retention or modification of cur4 rent penalty levels, including statutory penalty levels, for

5 health care fraud offenses.

6 SEC. 4036. PROVISIONS PROTECTING THE INTERESTS OF

7 FALSE CLAIMS ACT MATTERS IN BANK8 RUPTCY PROCEEDINGS.

9 (a) CERTAIN ACTIONS NOT STAYED BY BANK10 RUPTCY PROCEEDINGS.—The commencement or continu11 ation of an action under sections 3729 through 3733 of

12 title 31, United States Code, shall not be stayed by section

13 362(a)(1), (a)(2), (a)(3) or (a)(6) or under section 105(a)

14 of title 11, United States Code.

15 (b) CERTAIN DEBTS NOT DISCHARGEABLE IN BANK16 RUPTCY.—No debt owed to the United States for violating

17 sections 3729 through 3733 of title 31, United States

18 Code, or under a compromise or other agreement resolving

19 such a debt shall be discharged under title 11, United

20 States Code.

21 (c) REPAYMENT OF CERTAIN DEBTS CONSIDERED

22 FINAL.—No transfer on account of a debt owed to the

23 United States for violating sections 3729 through 3733

24 of title 31, United States Code, or under a compromise

25 or other agreement resolving such a debt shall be avoided
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1 under section 544, 545, 547, 548, 549, 553(b) or 724(a)

2 of title 11, United States Code.

3 SEC. 4037. EXTENDING ANTI-FRAUD SAFEGUARDS TO THE

4 FEDERAL EMPLOYEES HEALTH BENEFITS

5 PROGRAM.

6 (a) Section 1128B(f)(1) of the Social Security Act

7 (42 U.S.C. § 1320a–7b(f)(1)) is amended by striking

8 ‘‘(other than the health insurance program under chapter

9 89 of title 5, United States Code)’’.

10 SEC. 4038. PREVENTING AND PUNISHING ABUSE AND NE11 GLECT OF ELDERLY AND OTHER RESIDENTS

12 IN NURSING HOMES AND RESIDENTIAL

13 HEALTH CARE FACILITIES.

14 (a) SHORT TITLE.—This section may be cited as the

15 ‘‘Nursing Home Abuse and Neglect Prevention and Pun16 ishment Act of 2000’’.

17 (b) PROTECTION OF RESIDENTS IN NURSING HOMES

18 AND OTHER RESIDENTIAL HEALTH CARE FACILITIES.—

19 Chapter 63 of title 18, United States Code, is amended

20 by adding at the end the following new section:

21 ‘‘§ 1348. Pattern of violations resulting in harm to

22 residents of nursing homes and related

23 facilities

24 ‘‘(a) OFFENSE.—Whoever engages in a pattern of

25 knowing and willful violations of Federal laws, regulations,
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1 or rules, or State laws governing the health, safety, or care

2 of individuals residing in a residential health care facility

3 or facilities that results in significant physical or mental

4 harm to one or more such residents, shall be punished as

5 provided in section 1347, except that any organization

6 shall be fined not more than $2,000,000 per residential

7 health care facility.

8 ‘‘(b) CIVIL PROVISIONS.—

9 ‘‘(1) CIVIL PENALTIES.—The Attorney General

10 may bring an action in a United States district court

11 to impose on any individual or entity that engages

12 in a pattern of violations of Federal laws, regula13 tions, or rules, or State laws, which violations affect

14 the health, safety, or care of individuals residing in

15 a residential health care facility and where such pat16 tern results in physical or mental harm to one or

17 more such residents, a civil penalty of—

18 ‘‘(A) in the case of an individual (other

19 than an owner, operator, officer or manager of

20 such a residential health care facility) up to

21 $10,000;

22 ‘‘(B) in the case of an individual who is an

23 owner, operator, officer or manager of such a

24 residential health care facility up to $100,000
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1 for each separate facility involved in the pattern

2 of violations under this section; or

3 ‘‘(C) in the case of a residential health

4 care facility up to $1,000,000 for each pattern

5 of violations, and in the case of an entity up to

6 $1,000,000 for each separate residential health

7 care facility involved in the pattern of violations

8 owned or managed by that entity.

9 ‘‘(2) OTHER APPROPRIATE RELIEF.—If the At10 torney General has reason to believe that an indi11 vidual or entity is engaging in or is about to engage

12 in a pattern of violations of Federal laws, regula13 tions, or rules, or State laws, which violations affect

14 the health, safety, or care of individuals residing in

15 a residential health care facility, and where such

16 pattern results in or has the potential for resulting

17 in physical or mental harm to one or more such resi18 dents, the Attorney General may petition an appro19 priate United States district court for appropriate

20 equitable and declaratory relief to eliminate the pat21 tern.

22 ‘‘(3) PROCEDURES FOR THIS SUBSECTION.—

23 ‘‘(A) A subpoena requiring the attendance

24 of a witness at a trial or hearing conducted
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1 under this subsection may be served at any

2 place in the United States.

3 ‘‘(B) An action brought under paragraph

4 (1) of this subsection may not be brought more

5 than 6 years after the date on which the viola6 tion of this subsection occurred.

7 ‘‘(C) The United States shall be required

8 to prove all actions under this subsection by a

9 preponderance of the evidence.

10 ‘‘(D) The Civil Investigative Demand pro11 cedures set forth in the Antitrust Civil Process

12 Act (15 U.S.C. 1311–14) and regulations pro13 mulgated pursuant thereto shall apply to inves14 tigations and actions pursued under this sub15 section.

16 ‘‘(E) The filing or resolution of a matter

17 under this subsection does not preclude any

18 other remedy that is available to the United

19 States or any other person.

20 ‘‘(c) PROHIBITION AGAINST RETALIATION.—Any

21 person who is the subject of retaliation, either directly or

22 indirectly, for reporting conditions that may constitute a

23 violation of this section shall be authorized to bring an

24 action in an appropriate United States district court for

25 damages, attorneys’ fees and other relief.
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1 ‘‘(d) DEFINITIONS.—For purposes of this section, the

2 following definitions apply:

3 ‘‘(1) ‘Residential health care facility’ means any

4 facility (including any facility that does not exclu5 sively provide residential health care services) includ6 ing but not limited to skilled and unskilled nursing

7 facilities and mental health and mental retardation

8 facilities, that receives Federal funds, directly from

9 the Federal Government or indirectly from a third

10 party on contract with or receiving a grant or other

11 monies from the Federal Government, to provide

12 health care, or that provides health care services in

13 a residential setting and that, in any calendar year

14 in which a violation occurs, is the recipient of bene15 fits or payments in excess of $10,000 from a Fed16 eral Health Care Program.

17 ‘‘(2) ‘Entity’ means any residential health care

18 facility (including facilities that do not exclusively

19 provide residential health care services), any entity

20 that manages a residential health care facility, or

21 any entity that owns, directly or indirectly, a con22 trolling interest or a 50 percent or greater interest

23 in one or more residential health care facilities, in24 cluding States, localities and political subdivisions

25 thereof.
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1 ‘‘(3) ‘Federal Health Care Program’ means—

2 ‘‘(A) any plan or program that provides

3 health benefits, whether directly, through insur4 ance, or otherwise, which is funded directly, in

5 whole or in part, by the United States Govern6 ment; or

7 ‘‘(B) any State health care program, as de8 fined in Section 1128(h) of the Social Security

9 Act (42 U.S.C. 1320a–7(h)).

10 ‘‘(4) ‘Pattern of violations’ means either—

11 ‘‘(A) multiple violations of a single law,

12 regulation, or rule; or

13 ‘‘(B) single violations of multiple laws, reg14 ulations, or rules, that are widespread, sys15 temic, repeated, similar in nature, or result

16 from a policy or practice.

17 ‘‘(5) ‘State’ means a state of the United States,

18 the District of Columbia, and any commonwealth,

19 territory, or possession of the United States.’’.

20 (c) AUTHORIZED INVESTIGATIVE DEMAND PROCE21 DURES.—Section 3486(a)(1) of title 18, United States

22 Code, is amended by inserting after ‘‘Federal health care

23 offense’’, ‘‘or act or activity involving section 1348 of this

24 title’’.
362

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1 (d) The table of sections for chapter 63 of title 18,

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

‘‘1348. Pattern of violations resulting in harm to residents of nursing homes and

related facilities.’’.

3 Subtitle E—Consumer Fraud

4 SEC. 4041. BLOCKING TELEMARKETING SCAMS.

5 Chapter 113A of title 18, United States Code, is

6 amended—

7 (a) by adding at the end the following new section:

8 ‘‘§ 2328. Blocking or termination of service by elec9 tronic communication service

10 ‘‘(a) IN GENERAL.—Any United States district court

11 (including any magistrate judge of such court), upon ap12 plication by the Attorney General, may enter an ex parte

13 order directing an electronic communication service to

14 block or terminate service to any telephone number, or to

15 terminate service to any other subscriber number or iden16 tity, if the court determines that—

17 ‘‘(1) there is probable cause to believe that a

18 person is committing or about to commit an offense

19 listed in section 2326 of this title in connection with

20 the conduct of telemarketing, and is using that tele21 phone number or subscriber number or identity in

22 furtherance of that offense; and

23 ‘‘(2) such order is warranted to prevent a con24 tinuing and substantial injury to the United States
363

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1 or to any person or class of persons for whose pro2 tection the application is made.

3 Such order may be temporary or permanent, and may in4 clude provisions authorizing the electronic communication

5 service to resume service to the telephone number or other

6 subscriber number or identity specified in the order if that

7 number or identity has been reassigned to another sub8 scriber. The order shall be served on an electronic commu9 nication service by delivering a copy to the service’s prin10 cipal place of business, and shall be served on a subscriber

11 by delivering a copy to the subscriber personally, by leav12 ing a copy at the subscriber’s principal place of business

13 with some person of suitable age and discretion then em14 ployed therein or at the subscriber’s dwelling house or

15 usual place of abode with some person of suitable age and

16 discretion then residing therein, or by mailing a copy to

17 the subscriber’s last known address.

18 ‘‘(b) HEARING.—Subsequent to the issuance of an

19 order pursuant to subsection (a), any person whose service

20 has been blocked or terminated may move the court to

21 quash or modify the order. The movant shall have the bur22 den of proof to show good cause therefor. The court shall

23 proceed as soon as practicable to the hearing and deter24 mination of such a motion. A proceeding under this sub25 section is governed by the Federal Rules of Civil Proce-
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1 dure, except that, if an indictment has been returned

2 against any person to whom the court’s finding of prob3 able cause in subsection (a) relates, discovery is governed

4 by the Federal Rules of Criminal Procedure.

5 ‘‘(c) PRECLUSION OF CAUSES OF ACTION.—No cause

6 of action shall lie in any court against any electronic com7 munication service, its officers, employees, agents, or other

8 specified persons for taking any action, or providing infor9 mation, facilities, or assistance for such action, in accord10 ance with the terms of a court order under this section.

11 ‘‘(d) DEFINITIONS.—For purposes of this section, the

12 term ‘electronic communication service’ has the definition

13 given such term in section 2510 of this title.’’;

14 (b) in section 2325, by inserting ‘‘or electronic com15 munications’’ after ‘‘telephone calls’’; and

16 (c) in the table of sections for chapter 113A of title

17 18, United States Code, by adding at the end the fol18 lowing:

‘‘2328. Blocking or termination of service by electronic communication service.’’.

19 Subtitle F—Pension-Welfare and

20 Labor-Management Racket21 eering Act

22 SEC. 4051. FRAUD IN RELATION TO RETIREMENT ARRANGE23 MENTS.

24 (a) IN GENERAL.—Chapter 63 of title 18, United

25 States Code, as amended by section 5038 of this Act, is
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1 further amended by inserting after section 1347 the fol2 lowing:

3 ‘‘§ 1349. Fraud in relation to retirement arrange4 ments

5 ‘‘(a) Whoever executes, or attempts to execute, a

6 scheme or artifice—

7 ‘‘(1) to defraud any retirement arrangement or

8 other person in connection with the establishment or

9 maintenance of a retirement arrangement; or

10 ‘‘(2) to obtain, by means of false or fraudulent

11 pretenses, representations, or promises, any of the

12 money or property owned by, or under the custody

13 or control of, any retirement arrangement or other

14 person in connection with the establishment or main15 tenance of a retirement arrangement shall be fined

16 under this title or imprisoned not more than ten

17 years, or both.

18 ‘‘(b) As used in this section, the term ‘retirement ar19 rangement’ means—

20 ‘‘(1) any employee pension benefit plan subject to any

21 provision of title I of the Employee Retirement Income

22 Security Act of 1974;

23 ‘‘(2) any qualified retirement plan within the

24 meaning of section 4974(c) of the Internal Revenue
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1 Code of 1986, including any arrangement which has

2 been represented to be a qualified retirement plan;

3 ‘‘(3) any medical savings account described in

4 section 220 of the Internal Revenue Code of 1986;

5 or

6 ‘‘(4) funds established within the Thrift Savings

7 Fund by the Federal Retirement Thrift Investment

8 Board pursuant to subchapter III of chapter 84 of

9 title 5, United States Code.

10 ‘‘(c) For purposes of this section, the terms ‘‘retire11 ment arrangement’’ shall not include any ‘‘governmental

12 plan’’ as defined in section 3(32) of title I of the Employee

13 Retirement Income Security Act of 1974 except as pro14 vided in paragraph (4) of subsection (b).

15 ‘‘(d) The Attorney General shall have the responsi16 bility and authority to investigate violations of this section.

17 Nothing shall preclude the Secretary of Labor and other

18 appropriate Federal agencies from investigating violations

19 of this section relating to employee benefit plans subject

20 to title I of the Employee Retirement Income Security Act

21 of 1974 (29 U.S.C. 1001 et seq.).’’.

22 (b) The table of sections for chapter 63 of title 18,

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

‘‘1349. Retirement Fraud.’’.
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1 SEC. 4052. CIVIL PENALTY FOR VIOLATION OF SECTION

2 1348.

3 (a) IN GENERAL.—Chapter 63 of title 18, United

4 States Code, as amended by sections 5038 and 5051 of

5 this Act, is further amended by inserting after section

6 1349 the following:

7 ‘‘§ 1350. Civil penalty for violation of section 1348

8 ‘‘(a) Except as provided in subsection (b) of this sec9 tion, the Attorney General may bring a civil action in the

10 appropriate United States district court against any per11 son who engages in conduct constituting an offense under

12 section 1348 or conspiracy to violate section 1348 and,

13 upon proof of such conduct by a preponderance of the evi14 dence, such person shall be subject to a civil penalty of

15 the greater of the amount of pecuniary gain to the viola16 tor, the amount of pecuniary loss sustained by the victim,

17 or $50,000 for each violation in the case of an individual

18 or $100,000 in the case of an organization. The imposition

19 of a civil penalty under this subsection does not preclude

20 any other criminal or civil statutory, common law, or ad21 ministrative remedy which is available by law to the

22 United States or any other person.

23 ‘‘(b) No civil penalty may be imposed pursuant to

24 subsection (a) with respect to conduct involving a retire25 ment arrangement which is also an employee pension ben26 efit plan subject to title I of Employee Retirement Income
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S 2783 IS

1 Security Act of 1974 and for which the civil penalties may

2 be imposed under section 502 of Employee Retirement In3 come Security Act of 1974, (29 U.S.C. 1132). The district

4 court may waive or reduce a penalty under subsection (a)

5 if the district court determines that the violator or other

6 person may not be able to restore all losses to the victims

7 (or to provide other relief ordered in another civil or crimi8 nal prosecution related to such conduct, including any

9 penalty or tax imposed on the violator or other person pur10 suant to the Internal Revenue Code of 1986) without se11 vere financial hardship unless such waiver or reduction is

12 granted.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections

14 for chapter 63 of title 18, United States Code, as amended

15 by sections 5038 and 5051 of this Act, is further amended

16 by inserting after the item relating to section 1349 the

17 following:

‘‘1350. Civil penalty for violation of section 1348.’’.

18 SEC. 4053. BRIBERY AND GRAFT IN CONNECTION WITH EM19 PLOYEE BENEFIT PLANS.

20 (a) Section 1954 of title 18, United States Code, is

21 amended to read as follows:

22 ‘‘§ 1954. Bribery and graft in connection with em23 ployee benefit plans

24 ‘‘(a) Whoever—

25 ‘‘(1) being—
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1 ‘‘(A) an administrator, officer, trustee,

2 custodian, counsel, agent, or employee of any

3 employee benefit plan; or

4 ‘‘(B) an officer, counsel, agent, or em5 ployee of an employer or an employer any of

6 whose employees are covered by such plan; or

7 ‘‘(C) an officer, counsel, agent, or em8 ployee of an employee organization any of

9 whose members are covered by such plan; or

10 ‘‘(D) a person who, or an officer, counsel,

11 agent, or employee of an organization which,

12 provides benefit plan services to such plan; or

13 ‘‘(E) a person with actual or apparent in14 fluence or decision-making authority in regard

15 to such plan, receives or agrees to receive or so16 licits, any fee, kickback, commission, gift, loan,

17 money, or thing of value, personally or for any

18 other person, with intent to be influenced with

19 respect to any of his actions, decisions, or du20 ties relating to any question or matter con21 cerning such plan,

22 ‘‘(2) directly or indirectly, gives or offers, or

23 promises to give or offer, any fee, kickback, commis24 sion, gift, loan, money, or thing of value, to any per25 son described in subparagraphs (A) through (E) of
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1 paragraph (1), with intent to influence any of the

2 actions, decisions or duties of such person relating

3 to any question or matter concerning an employee

4 benefit plan; or

5 ‘‘(3) attempts to give, accept, or receive any

6 thing of value in violation of this subsection, shall be

7 fined under this title or imprisoned for not more

8 than ten years, or both.

9 ‘‘(b) Whoever—

10 ‘‘(1) being any person described in subpara11 graphs (A) through (E) of paragraph (1) of sub12 section (a), receives or agrees to receive or solicits,

13 any fee, kickback, commission, gift, loan, money, or

14 thing of value, personally or for any other person,

15 because of any of his actions, decisions or duties re16 lating to any question or matter concerning such

17 plan;

18 ‘‘(2) directly or indirectly, gives or offers, or

19 promises to give or offer, any fee, kickback, commis20 sion, gift, loan, money, or thing of value, to any per21 son described in subparagraphs (A) through (E) of

22 paragraph (1) of subsection (a), because of any of

23 the actions, decisions, or duties of such person relat24 ing to any question or matter concerning an em25 ployee benefit plan; or
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1 ‘‘(3) attempts to give, accept, or receive any

2 thing of value in violation of this subsection, shall be

3 fined under this title or imprisoned for not more

4 than five years, or both.

5 ‘‘(c)(1) This section shall not prohibit the payment

6 to or acceptance by any person of bona fide salary, com7 pensation, or other payments made for goods or facilities

8 actually furnished or for services actually performed in the

9 regular course of his duties as such person, administrator,

10 officer, trustee, custodian, counsel, agent, or employee of

11 such plan, employer, employee organization, or organiza12 tion providing employee benefit plan services to such plan,

13 or as a person with actual or apparent influence or deci14 sion-making authority in regard to such plan.

15 ‘‘(2) This section shall not prohibit the payment to

16 or acceptance in good faith by any employee benefit plan

17 sponsor, or person acting on the sponsor’s behalf of any

18 thing of value relating to the sponsor’s decision or action

19 to establish, terminate, or modify the governing instru20 ments of an employee benefit plan in a manner which does

21 not violate title I of the Employee Retirement Income Se22 curity Act of 1974, or any regulation or order promulgated

23 thereunder, or any other law governing the plan.

24 ‘‘(d) For the purpose of this section—
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1 ‘‘(1) the term ‘employee benefit plan’ means

2 any employee welfare benefit plan or employee pen3 sion benefit plan subject to any provision of title I

4 of the Employee Retirement Income Security Act of

5 1974; and

6 ‘‘(2) the terms ‘employee organization’, ‘admin7 istrator’, and ‘employee benefit plan sponsor’ mean

8 any employee organization, administrator, or plan

9 sponsor as defined in title I of the Employee Retire10 ment Income Security Act of 1974.’’.

11 (b) The table of sections for chapter 95 of title 18,

12 United States Code, is amended by amending the item re13 lating to section 1954 to read as follows:

‘‘1954. Bribery and graft in connection with employee benefit plans.’’.

14 SEC. 4054. INCREASED PENALTY FOR THEFT AND EMBEZ15 ZLEMENT FROM EMPLOYEE BENEFIT PLANS

16 AND CONNECTED FUNDS.

17 Section 664 of Title 18, United States Code, is

18 amended by striking ‘‘five years’’ and inserting ‘‘ten

19 years’’.

20 SEC. 4055. PAYMENTS OF THINGS OF VALUE TO PERSONS

21 WITH ACTUAL OR APPARENT INFLUENCE OR

22 DECISION-MAKING AUTHORITY.

23 Subsection (a) of section 302 of the Labor Manage24 ment Relations Act of 1947 (29 U.S.C. 186(a)) is

25 amended—
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1 (1) by striking the period at the end of para2 graph (4) and inserting ‘‘; or’’; and

3 (2) by inserting after paragraph (4) the fol4 lowing new paragraph:

5 ‘‘(5) to any person with actual or apparent in6 fluence or decision-making authority in regard to

7 any labor organization with the intent to influence

8 such person’s duties, actions, or decisions relating to

9 any question or matter concerning such labor orga10 nization.’’.

11 SEC. 4056. RECEIPT OF THINGS OF VALUE BY PERSONS

12 WITH ACTUAL OR APPARENT INFLUENCE OR

13 DECISION-MAKING AUTHORITY.

14 Subsection (b) of section 302 of the Labor Manage15 ment Relations Act of 1947 (29 U.S.C. 186(b)) is

16 amended—

17 (1) in paragraph (1), by inserting ‘‘(1) through

18 (4)’’ after ‘‘prohibited by subsection (a)’’;

19 (2) by redesignating paragraph (2) as para20 graph (3); and

21 (3) by inserting after paragraph (1) the fol22 lowing new paragraph:

23 ‘‘(2) It shall be unlawful for any person with

24 actual or apparent influence or decision-making au25 thority in regard to a labor organization to request,
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1 demand, receive, or accept, or agree to receive or ac2 cept, any payment, loan, or delivery of any money or

3 other thing of value, from any employer, association

4 of employers, or any person who acts as a labor rela5 tions expert, advisor, or consultant to an employer,

6 or who acts in the interest of an employer, with in7 tent to be influenced with respect to such person’s

8 duties, actions, or decisions relating to any question

9 or matter concerning such labor organization.’’.

10 SEC. 4057. ATTEMPT TO VIOLATE TAFT–HARTLEY SECTION

11 302.

12 Subsection (d)(2) of section 302 of the Labor Man13 agement Relations Act of 1947 (29 U.S.C. 186(d)(2)), is

14 amended by inserting ‘‘, or willfully attempts to pay, lend,

15 deliver, receive, or accept in violation of,’’ after ‘‘willfully

16 violates’’.

17 SEC. 4058. FORFEITURE FOR RETIREMENT OFFENSES.

18 (a) CRIMINAL FORFEITURE.—Section 982(a) of title

19 18, United States Code, is amended by inserting after

20 paragraph (8) the following new paragraph:

21 ‘‘(9)(A) The court, in imposing sentence on a

22 person convicted of a retirement offense, shall order

23 the person to forfeit property, real or personal, that

24 constitutes or is derived, directly or indirectly, from

25 proceeds traceable to the commission of the offense;
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1 ‘‘(B) For purposes of this paragraph, the term

2 ‘‘retirement offense’’ means a violation of, a criminal

3 conspiracy to violate, or a solicitation to commit a

4 crime of violence involving a violation of any of the

5 following provisions if the violation, conspiracy, or

6 solicitation relates to a retirement arrangement as

7 defined in section 1348 of this title:

8 ‘‘(i) section 664, 1001, 1027, 1341, 1343,

9 1348, 1951, 1952, or 1954 of this title; or

10 ‘‘(ii) section 411, 501, or 511 of the Em11 ployee Retirement Income Security Act of 1974

12 (29 U.S.C. 1111, 1131, or 1141).’’.

13 (b) CIVIL FORFEITURE.—Section 981(a)(1) of title

14 18, United States Code, is amended by inserting after

15 paragraph (F) the following new paragraph:

16 ‘‘(G) Any property, real or personal, that

17 constitutes or is derived, directly or indirectly,

18 from proceeds traceable to the commission of a

19 violation of, a criminal conspiracy to violate, or

20 a solicitation to commit a crime of violence in21 volving a retirement offense as that term is de22 fined in section 982(a)(9)(B).’’.
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1 Subtitle G—Environmental Crimes

2 and Enforcement Act

3 SEC. 4071. JOINT FEDERAL, STATE, LOCAL, AND TRIBAL EN4 VIRONMENTAL ENFORCEMENT.

5 (a) IN GENERAL.—Chapter 232 of title 18, United

6 States Code, is amended by inserting after section 3673

7 the following:

8 ‘‘§ 3674. Reimbursement of State, local, or tribal gov9 ernment costs for assistance in Federal

10 investigation and prosecution of environ11 mental crimes

12 ‘‘(a) Upon the motion of the United States, any per13 son who is found guilty of a criminal violation of the Fed14 eral environmental laws set forth in subsection (b) below,

15 or conspiracy to violate such laws, may be ordered to pay

16 the costs incurred by a State, local, or tribal government

17 or an agency thereof for assistance to the Federal Govern18 ment’s investigation and criminal prosecution of the case.

19 Such moneys shall be paid to the State, local, or tribal

20 government or agency thereof and be used solely for the

21 purpose of environmental law enforcement.

22 ‘‘(b) This section applies to a violation of, or a con23 spiracy to violate, any of the following provisions of law:

24 ‘‘(1) Section 14(b) of the Federal Insecticide,

25 Fungicide, and Rodenticide Act (7 U.S.C. 136l(b)).
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1 ‘‘(2) Section 16(b) of the Toxic Substances

2 Control Act (15 U.S.C. 2615(b)).

3 ‘‘(3) Sections 10, 12, 13, and 16 of the Rivers

4 and Harbors Appropriations Act of 1899 (33 U.S.C.

5 403, 406, 407, 411).

6 ‘‘(4) Sections 309(c) and 311(b)(5) of the Fed7 eral Water Pollution Control Act (33 U.S.C.

8 1319(c), 1321(b)(5)).

9 ‘‘(5) Section 105(b) of the Marine Protection,

10 Research, and Sanctuaries Act of 1972 (33 U.S.C.

11 1415(b)).

12 ‘‘(6) Section 9(a) of the Act to Prevent Pollu13 tion from Ships (33 U.S.C. 1908(a)).

14 ‘‘(7) Section 4109(c) of the Shore Protection

15 Act of 1988 (33 U.S.C. 2609(c)).

16 ‘‘(8) Sections 1423 and 1432 of the Safe

17 Drinking Water Act (42 U.S.C. 300h–2, 300i–1).

18 ‘‘(9) Sections 3008(d), 3008(e), and 3008(i) of

19 the Resource Conservation and Recovery Act of

20 1976 (42 U.S.C. 6928(d), 6928(e), 6928(i)).

21 ‘‘(10) Section 113(c) of the Clean Air Act (42

22 U.S.C. 7413(c)).

23 ‘‘(11) Sections 103(b) and 103(d) of the Com24 prehensive Environmental Response, Compensation,

25 and Liability Act (42 U.S.C. 9603(b), 9603(d)).
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1 ‘‘(12) Section 325(b)(4) of the Emergency

2 Planning and Community Right-to-Know Act of

3 1986 (42 U.S.C. 11045(b)(4)).

4 ‘‘(13) Section 303(a) of the Federal Land Pol5 icy and Management Act of 1976 (43 U.S.C.

6 1733(a)).

7 ‘‘(14) Sections 5124, 60123(a), and 60123(b)

8 of title 49, United States Code.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 for chapter 232 of title 18, United States Code, is amend11 ed by adding at the end the following new item:

‘‘3674. Reimbursement of State, local, or tribal government costs for assistance

in Federal investigation and prosecution of environmental

crimes.’’.

12 SEC. 4072. PROTECTION OF GOVERNMENT EMPLOYEES AND

13 THE PUBLIC.

14 (a) IN GENERAL.—Chapter 39 of title 18, United

15 States Code, is amended by adding the following new sec16 tion:

17 ‘‘§ 838. Protection of government employees and the

18 public from environmental crimes

19 ‘‘(a)(1) Any person who commits a criminal violation

20 of a Federal environmental law identified in this sub21 section that is the direct or proximate cause of serious

22 bodily injury to or the death of any other person, including

23 a Federal, State, local, or tribal government employee per24 forming official duties as a result of the violation, shall
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1 be subject to imprisonment for not more than 20 years,

2 of a fine of not more than $500,000, or both, but, if the

3 defendant is an organization, it shall be subject to a fine

4 of not more than $2,000,000.

5 ‘‘(2) The provisions of law to which this subsection

6 applies are—

7 ‘‘(A) section 309(c)(2), 309(c)(4), or 311(b)(5)

8 of the Federal Water Pollution Control Act (33

9 U.S.C. 1319(c)(2), 1319(c)(4), 1321(b)(5));

10 ‘‘(B) section 105(b) of the Marine Protection,

11 Research, and Sanctuaries Act of 1972 (33 U.S.C.

12 1415(b));

13 ‘‘(C) section 1423 or 1432 of the Safe Drinking

14 Water Act (42 U.S.C. 300h–2, 300i–1);

15 ‘‘(D) section 3008(d) of the Resource Conserva16 tion and Recovery Act of 1976 (42 U.S.C. 6928(d));

17 ‘‘(E) section 113(c)(1) or 113(c)(2) of the

18 Clean Air Act (42 U.S.C. 7413(c)(1), 7413(c)(2));

19 ‘‘(F) section 103(b) or 103(d) of the Com20 prehensive Environmental Response, Compensation,

21 and Liability Act (42 U.S.C. 9603(b), 9603(d));

22 ‘‘(G) section 325(b)(4) of the Emergency Plan23 ning and Community Right-to-Know Act of 1986

24 (42 U.S.C. 11045(b)(4)); or
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1 ‘‘(H) section 5124, 60123(a), or 60123(b) of

2 title 49, United States Code.

3 ‘‘(b)(1) Any person who commits a criminal violation

4 of Federal environmental law identified in this subsection

5 that is the direct or proximate cause of serious bodily in6 jury to or the death of any other person, including a Fed7 eral, State, local, or tribal government employee per8 forming official duties as a result of the violation, shall

9 be subject to imprisonment for not more than 5 years,

10 fined under this title, or both, but if the defendant is an

11 organization, it shall be subject to a fine of not more than

12 $1,000,000.

13 ‘‘(2) The provisions of law to which this subsection

14 applies are—

15 ‘‘(A) section 14(b) of the Federal Insecticide,

16 Fungicide, and Rodenticide Act (7 U.S.C. 136l(b));

17 and

18 ‘‘(B) section 16(b) of the Toxic Substances

19 Control Act (15 U.S.C. 2615(b)).

20 ‘‘(c) For purposes of this section, the term ‘serious

21 bodily injury’ means bodily injury which involves—

22 ‘‘(1) unconsciousness;

23 ‘‘(2) extreme physical pain;

24 ‘‘(3) protracted and obvious disfigurement; or
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1 ‘‘(4) protracted loss or impairment of the func2 tion of a bodily member, organ, or mental faculty.

3 ‘‘(d) For purposes of this section, the term ‘organiza4 tion’ means a legal entity, other than a government, estab5 lished or organized for any purpose, and such term in6 cludes a corporation, company, association, firm, partner7 ship, joint stock company, foundation, institution, trust,

8 society, union, or any other association of persons.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 for chapter 39 of title 18, United States Code, is amended

11 by inserting at the end the following:

‘‘838. Protection of government employees and the public from environmental crimes.’’.

12 SEC. 4073. ESTABLISHMENT OF THE STATE, LOCAL AND

13 TRIBAL ENVIRONMENTAL ENFORCEMENT

14 TRAINING PROGRAM.

15 The Administrator of the Environmental Protection

16 Agency, as soon as practicable, within the Office of En17 forcement and Compliance Assurance, shall establish the

18 State, local, and Tribal Environmental Enforcement

19 Training Program to be administered by the National En20 forcement Training Institute within the Office of Criminal

21 Enforcement, Forensics and Training. This Program shall

22 be dedicated to training State, local, and tribal law en23 forcement personnel in the investigation of environmental

24 crimes at the Federal Law Enforcement Training Center
382

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1 (FLETC) in Glynn County, Georgia, at the EPA–FLETC

2 training center, or at other training sites which are acces3 sible to State, local, and tribal law enforcement. State,

4 local, and tribal law enforcement personnel shall include,

5 among others, the following: inspectors, civil and criminal

6 investigators, technical experts, regulators, government

7 lawyers, and police.

8 SEC. 4074. STATUTE OF LIMITATIONS.

9 (a) IN GENERAL.—Chapter 213 of title 18, United

10 States Code, is amended by adding after section 3294 the

11 following new section:

12 ‘‘§ 3295A. Felony environmental crimes

13 ‘‘(a) No person shall be prosecuted, tried, or punished

14 for a violation of, or a conspiracy to violate, any of the

15 offenses listed in subsection (b), unless the indictment is

16 returned or the information is filed within 5 years after

17 the offense is committed. However, when a person com18 mits an affirmative act that conceals the offense from any

19 Federal, State, local, or tribal government agency, that

20 person shall not be prosecuted, tried, or punished for a

21 violation of, or a conspiracy to violate, any of the offenses

22 listed below in subsection (b) unless the indictment is re23 turned or the information is filed within 5 years after the

24 offense is committed, or within 3 years after the offense

25 is discovered by a government agency, whichever is later
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1 but in no event later than 8 years after the offense is com2 mitted.

3 ‘‘(b) This section applies to a violation of—

4 ‘‘(1) section 309(c)(2), 309(c)(3), 309(c)(4), or

5 311(b)(5) of the Federal Water Pollution Control

6 Act (33 U.S.C. 1319(c)(2), 1319(c)(3), 1319(c)(4),

7 1321(b)(5));

8 ‘‘(2) section 105(b) of the Marine Protection,

9 Research, and Sanctuaries Act of 1972 (33 U.S.C.

10 1415(b));

11 ‘‘(3) section 9(a) of the Act to Prevent Pollu12 tion from Ships (33 U.S.C. 1908(a));

13 ‘‘(4) section 4109(c) of the Shore Protection

14 Act of 1988 (33 U.S.C. 2609(c));

15 ‘‘(5) section 1423 or 1432 of the Safe Drinking

16 Water Act (42 U.S.C. 300h–2, 300i–1);

17 ‘‘(6) section 3008(d) or 3008(e) of the Re18 source Conservation and Recovery Act of 1976 (42

19 U.S.C. 6928(d), 6928(e));

20 ‘‘(7) section 113(c)(1), 113(c)(2), 113(c)(3), or

21 113(c)(5) of the Clean Air Act (42 U.S.C.

22 7413(c)(1), 7413(c)(2), 7413(c)(3), 7413(c)(5));

23 ‘‘(8) section 103(b) or 103(d) of the Com24 prehensive Environmental Response, Compensation,

25 and Liability Act (42 U.S.C. 9603(b), 9603(d));
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1 ‘‘(9) section 325(b)(4) of the Emergency Plan2 ning and Community Right-to-Know Act of 1986

3 (42 U.S.C. 11045(b)(4)); or

4 ‘‘(10) section 5124, 60123(a), or 60123(b) of

5 title 49, United States Code.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 of chapter 213 of title 18, United States Code, is amended

8 by inserting after the item relating to section 3294 the

9 following new item:

‘‘3295A. Felony environmental crimes.’’.

10 SEC. 4075. ATTEMPTS.

11 (a) FEDERAL INSECTICIDE, FUNGICIDE, AND

12 RODENTICIDE ACT.—Section 14(b) of the Federal Insecti13 cide, Fungicide, and Rodenticide Act (7 U.S.C. 136l(b))

14 is amended by adding at the end the following new para15 graph:

16 ‘‘(5) ATTEMPTS.—Any person who attempts to

17 commit the conduct that constitutes an offense

18 under paragraph (1) of this subsection shall be sub19 ject to the same penalties as those prescribed for

20 such an offense.’’.

21 (b) TOXIC SUBSTANCES CONTROL ACT.—Section

22 16(b) of the Toxic Substances Control Act (15 U.S.C.

23 2615(b)), is amended by—

24 (1) inserting ‘‘(1)’’ before ‘‘Any’’; and
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1 (2) adding at the end the following new para2 graph:

3 ‘‘(2) Any person who attempts to commit the

4 conduct that constitutes any offense under para5 graph (1) of this subsection shall be subject to the

6 same penalties as those prescribed for such of7 fense.’’.

8 (c) FEDERAL WATER POLLUTION CONTROL ACT.—

9 Section 309(c) of the Federal Water Pollution Control Act

10 (33 U.S.C. 1319(c)) is amended by adding after para11 graph (7) the following new paragraph:

12 ‘‘(8) Any person who attempts to commit the

13 conduct that constitutes any offense under para14 graph (2), (3), or (4) of this subsection shall be sub15 ject to the same penalties as those prescribed for

16 such offense.’’.

17 (d) OCEAN DUMPING.—Section 105(b) of the Marine

18 Protection, Research, and Sanctuaries Act of 1972 (33

19 U.S.C. 1415(b)) is amended by—

20 (1) striking ‘‘and’’ at the end of paragraph (1);

21 (2) striking the period at the end of paragraph

22 (2) and inserting ‘‘; and’’; and

23 (3) adding after paragraph (2) the following

24 new paragraph:
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1 ‘‘(3) any person who attempts to commit con2 duct that constitutes an offense under paragraph (1)

3 of this subsection shall be subject to the same pen4 alties as those prescribed for such offense.’’.

5 (e) MARPOL.—Section 9(a) of the Act to Prevent

6 Pollution from Ships (33 U.S.C. 1908(a)) is amended

7 by—

8 (1) inserting ‘‘(1)’’ before ‘‘A person’’; and

9 (2) adding at the end the following new para10 graph:

11 ‘‘(2) Any person who attempts to commit con12 duct that constitutes an offense under paragraph (1)

13 of this subsection shall be subject to the same pen14 alties as those prescribed for such offense.’’.

15 (f) SOLID WASTE DISPOSAL ACT.—Section 3008 of

16 the Solid Waste Disposal Act (42 U.S.C. 6928) is amend17 ed by adding after subsection (h) the following new sub18 section:

19 ‘‘(i) Any person who attempts to commit the

20 conduct that constitutes any offense under sub21 section (d) or (e) of this section shall be subject to

22 the same penalties as those prescribed for such of23 fense.’’.
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1 (g) CLEAN AIR ACT.—Section 113(c) of the Clean

2 Air Act (42 U.S.C. 7413(c)) is amended by adding after

3 paragraph (6) the following new paragraph:

4 ‘‘(7) Any person who attempts to commit the

5 conduct that constitutes any offense under para6 graphs (1), (2), or (3) of this subsection shall be

7 subject to the same penalties as those prescribed for

8 such offense.’’.

9 SEC. 4076. ENVIRONMENTAL CRIMES RESTITUTION.

10 (a) GENERALLY.—Section 3663(a)(1) of title 18,

11 United States Code, is amended by—

12 (1) striking ‘‘or’’ before ‘‘section 46312’’ ; and

13 (2) inserting ‘‘or an environmental crime listed

14 in section 3674 of this title,’’ after ‘‘section

15 3663‘‘(c),’’.

16 (b) DEFINITION OF ‘‘VICTIM’’.—Subsection 3663(b)

17 of title 18, United States Code, is amended—

18 (1) by striking ‘‘and’’ at the end of paragraph

19 (4);

20 (2) by striking the period at the end of para21 graph (5) and inserting ‘‘; and’’; and

22 (3) by inserting after paragraph (5) the fol23 lowing:

24 ‘‘(6) in the case of an offense resulting in pollu25 tion of or damage to the environment, pay for re-
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1 moval and remediation of the environmental pollu2 tion or damage and restoration of the environment

3 to the extent of the pollution or damage resulting

4 from the offense, and in such a case, the term ‘vic5 tim’ in section 3663(a)(2) includes a community or

6 communities, whether or not the members are indi7 vidually identified.’’.

8 SEC. 4077. PREVENTION OF ALIENATION OR DISPOSAL OF

9 ASSETS NEEDED TO REMEDY ENVIRON10 MENTAL HARMS CAUSED BY ENVIRON11 MENTAL CRIMES.

12 (a) IN GENERAL.—Chapter 39 of title 18, United

13 States Code, is amended by inserting after section 838 the

14 following:

15 ‘‘§ 839. Prejudgment orders to secure payment for en16 vironmental damage

17 ‘‘(a) IN GENERAL.—At the time of the filing of an

18 indictment or information for the violation of any of the

19 statutory provisions set forth in section 838(a) of this

20 title, or at any time thereafter, if, after notice to the de21 fendant, the United States shows probable cause to believe

22 that—

23 ‘‘(1) the defendant will conceal, alienate, or dis24 pose of property, or place property outside the juris25 diction of the Federal district courts; and
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1 ‘‘(2) the defendant will thereby reduce or im2 pair the defendant’s ability to pay restitution, in

3 whole or in part, including removal and remediation

4 of environmental pollution or damage and restora5 tion of the environment resulting from the statutory

6 violation, the court may order the defendant not to

7 alienate or dispose of any such property, or place

8 such property outside the jurisdiction of the United

9 States district courts, without leave of the court.

10 The Government shall bear the burden of proving,

11 by a preponderance of the evidence, the projected

12 cost for the removal and remediation of the environ13 mental pollution or damage and restoration of the

14 environment.

15 ‘‘(b) DEFENSES.—The defendant may establish the

16 following affirmative defenses to a motion by the Govern17 ment under this section:

18 ‘‘(1) That the defendant possesses other assets

19 sufficient to pay restitution, including the costs of

20 removal and remediation of the environmental pollu21 tion or damage and restoration of the environment

22 resulting from the statutory violation, provided that

23 the defendant places those other assets under the

24 control of the court.
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1 ‘‘(2) That the defendant has made full restitu2 tion, including the removal and remediation of the

3 environmental pollution or damage and restoration

4 of the environment.

5 ‘‘(c) PROCEDURES.—Any proceeding under this sec6 tion is governed by the Federal Rules of Criminal Proce7 dure.

8 ‘‘(d) PROPERTY DEFINED.—For the purposes of this

9 section, ‘property’ shall include—

10 ‘‘(1) real property, including things growing on,

11 affixed to, and found in or on land; and

12 ‘‘(2) tangible and intangible personal property,

13 including money, rights, privileges, interests, claims,

14 and securities.

15 ‘‘(e) EXPIRATION OF ORDER.—The court may amend

16 an order issued pursuant to this section at any time. In

17 no event, however, shall the order extend beyond sen18 tencing, in the case of a conviction, or a dismissal or ac19 quittal of the prosecution.

20 ‘‘(f) ALL WRITS ACT.—Nothing in this section dimin21 ishes the powers of the court otherwise available under

22 section 1651 of title 28.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 for chapter 39 of title 18, United States Code, is amended
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1 by adding after the item relating to section 838 the fol2 lowing new item:

‘‘839. Prejudgment orders to secure payment for environmental damage.’’.

3 Subtitle H—Hate Crimes

4 Prevention Act

5 SEC. 4081. SHORT TITLE.

6 Subtitle H of this title may be cited as the ‘‘Hate

7 Crimes Prevention Act of 2000’’.

8 SEC. 4082. STATEMENT OF FINDINGS.

9 Congress finds that—

10 (1) The incidence of violence motivated by the

11 actual or perceived race, color, national origin, reli12 gion, sexual orientation, gender, or disability of the

13 victim poses a serious national problem;

14 (2) such violence disrupts the tranquility and

15 safety of communities and is deeply divisive;

16 (3) existing Federal law is inadequate to ad17 dress this problem;

18 (4) such violence affects interstate commerce in

19 many ways, including—

20 (A) by impeding the movement of members

21 of targeted groups and forcing such members to

22 move across State lines to escape the incidence

23 or risk of such violence; and

24 (B) by preventing members of targeted

25 groups from purchasing goods and services, ob-
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1 taining or sustaining employment or partici2 pating in other commercial activity;

3 (5) perpetrators cross State lines to commit

4 such violence;

5 (6) instrumentalities of interstate commerce are

6 used to facilitate the commission of such violence;

7 (7) such violence is committed using articles

8 that have traveled in interstate commerce;

9 (8) violence motivated by bias that is a relic of

10 slavery can constitute badges and incidents of slav11 ery;

12 (9) although many State and local authorities

13 are now and will continue to be responsible for pros14 ecuting the overwhelming majority of violent crimes

15 in the United States, including violent crimes moti16 vated by bias, Federal jurisdiction over certain vio17 lent crimes motivated by bias is necessary to supple18 ment State and local jurisdiction and ensure that

19 justice is achieved in each case;

20 (10) Federal jurisdiction over certain violent

21 crimes motivated by bias enables Federal, State, and

22 local authorities to work together as partners in the

23 investigation and prosecution of such crimes; and

24 (11) the problem of hate crime is sufficiently

25 serious, widespread, and interstate in nature as to
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1 warrant Federal assistance to States and local juris2 dictions.

3 SEC. 4083. DEFINITION OF HATE CRIME.

4 In this Act, the term ‘‘hate crime’’ has the same

5 meaning as in section 280003(a) of the Violent Crime

6 Control and Law Enforcement Act of 1994 (28 U.S.C.

7 994 note).

8 SEC. 4084. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.

9 Section 245 of title 18, United States Code, is

10 amended—

11 (1) by redesignating subsections (c) and (d) as

12 subsections (d) and (e), respectively; and

13 (2) by inserting after subsection (b) the fol14 lowing:

15 ‘‘(c)(1) Whoever, whether or not acting under color

16 of law, willfully causes bodily injury to any person or,

17 through the use of fire, a firearm, or an explosive device,

18 attempts to cause bodily injury to any person, because of

19 the actual or perceived race, color, religion, or national

20 origin of any person—

21 ‘‘(A) shall be imprisoned not more than 10

22 years, or fined in accordance with this title, or both;

23 and
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1 ‘‘(B) shall be imprisoned for any term of years

2 or for life, or fined in accordance with this title, or

3 both if—

4 ‘‘(i) death results from the acts committed

5 in violation of this paragraph; or

6 ‘‘(ii) the acts committed in violation of this

7 paragraph include kidnapping or an attempt to

8 kidnap, aggravated sexual abuse or an attempt

9 to commit aggravated sexual abuse, or an at10 tempt to kill.

11 ‘‘(2)(A) Whoever, whether or not acting under color

12 of law, in any circumstance described in subparagraph

13 (B), willfully causes bodily injury to any person or,

14 through the use of fire, a firearm, or an explosive device,

15 attempts to cause bodily injury to any person, because of

16 the actual or perceived religion, gender, sexual orientation,

17 or disability of any person—

18 ‘‘(i) shall be imprisoned not more than 10

19 years, or fined in accordance with this title, or both;

20 and

21 ‘‘(ii) shall be imprisoned for any term of years

22 or for life, or fined in accordance with this title, or

23 both, if—

24 ‘‘(I) death results from the acts committed

25 in violation of this paragraph; or
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1 ‘‘(II) the acts committed in violation of

2 this paragraph include kidnapping or an at3 tempt to kidnap, aggravated sexual abuse or an

4 attempt to commit aggravated sexual abuse, or

5 an attempt to kill.

6 ‘‘(B) For purposes of subparagraph (A), the

7 circumstances described in this subparagraph are

8 that—

9 ‘‘(i) in connection with the offense, the de10 fendant or the victim travels in interstate or

11 foreign commerce, uses a facility or instrumen12 tality of interstate or foreign commerce, or en13 gages in any activity affecting interstate or for14 eign commerce; or

15 ‘‘(ii) the offense is in or affects interstate

16 or foreign commerce.’’.

17 SEC. 4085. DUTIES OF THE UNITED STATES SENTENCING

18 COMMISSION.

19 (a) AMENDMENT OF FEDERAL SENTENCING GUIDE20 LINES.—Pursuant to its authority under section 994 of

21 title 28, United States Code, the United States Sentencing

22 Commission shall study the issue of adult recruitment of

23 juveniles to commit hate crimes and shall, if appropriate,

24 amend the Federal sentencing guidelines to provide sen25 tencing enhancements (in addition to the sentencing en-
396

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1 hancement provided for the use of a minor during the

2 commission of an offense) for adult defendants who recruit

3 juveniles to assist in the commission of hate crimes.

4 (b) CONSISTENCY WITH OTHER GUIDELINES.—In

5 carrying out this section, the United States Sentencing

6 Commission shall—

7 (1) ensure that there is reasonable consistency

8 with other Federal sentencing guidelines; and

9 (2) avoid duplicative punishments for substan10 tially the same offense.

11 SEC. 4086. GRANT PROGRAM.

12 (a) AUTHORITY TO MAKE GRANTS.—The Office of

13 Justice Programs of the Department of Justice shall make

14 grants, in accordance with such regulations as the Attor15 ney General may prescribe, to State and local programs

16 designed to combat hate crimes committed by juveniles,

17 including programs to train local law enforcement officers

18 in investigating, prosecuting, and preventing hate crimes.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as may be

21 necessary to carry out this section.
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1 SEC. 4087. AUTHORIZATION FOR ADDITIONAL PERSONNEL

2 TO ASSIST STATE AND LOCAL LAW ENFORCE3 MENT.

4 There are authorized to be appropriated to the De5 partment of the Treasury and the Department of Justice,

6 including the Community Relations Service, for fiscal

7 years 2002 and 2003 such sums as are necessary to in8 crease the number of personnel to prevent and respond

9 to alleged violations of section 245 of title 18, United

10 States Code (as amended by this Act).

11 SEC. 4088. SEVERABILITY.

12 If any provision of this Act, an amendment made by

13 this Act, or the application of such provision or amend14 ment to any person or circumstance is held to be unconsti15 tutional, the remainder of this Act, the amendments made

16 by this Act, and the application of the provisions of such

17 to any person or circumstance shall not be affected there18 by.
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1 TITLE V—STRENGTHENING FED2 ERAL CRIMINAL LAWS TO

3 COMBAT VIOLENT AND

4 WHITE-COLLAR CRIME

5 Subtitle A—Bolstering Federal Law

6 To Fight Violent Crime and Ap7 prehend Dangerous Fugitives

8 SEC. 5001. FUGITIVE APPREHENSION ACT OF 2000.

9 (a) Chapter 49 of title 18, United States Code, is

10 amended by adding a new section at the end as follows:

11 ‘‘§ 1075. Administrative subpoenas to apprehend fugi12 tives

13 ‘‘(a) In any investigation with respect to the appre14 hension of a fugitive, the Attorney General may subpoena

15 witnesses for the purpose of the production of any records

16 (including books, papers, documents, electronic data and

17 other tangible and intangible things, which constitute or

18 contain evidence) which may be relevant to the investiga19 tion. The attendance of witnesses and the production of

20 records may be required from any place in any state or

21 other place subject to the jurisdiction of the United States

22 at any designated place where the witness was served with

23 a subpoena, except that a witness shall not be required

24 to appear more than 500 miles distant from the place

25 where he was served. Witnesses summoned under this sec-
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1 tion shall be paid the same fees and mileage that are paid

2 witnesses in the courts of the United States.

3 ‘‘(b) A subpoena issued under this section may be

4 served by any person designated in the subpoena to serve

5 it. Service upon a natural person may be made by personal

6 delivery of the subpoena to that person or by certified mail

7 with return receipt requested. Service may be made upon

8 a domestic or foreign corporation or upon a partnership

9 or other unincorporated association which is subject to

10 suit under a common name, by delivering the subpoena

11 to an officer, to a managing or general agent, or to any

12 other agent authorized by appointment or by law to receive

13 service of process. The affidavit of the person serving the

14 subpoena entered on a true copy thereof by the person

15 serving it shall be proof of service.

16 ‘‘(c) In the case of the contumacy by or refusal to

17 obey a subpoena issued to any person, the Attorney Gen18 eral may invoke the aid of any court of the United States

19 within the jurisdiction of which the investigation is carried

20 on or of which the subpoenaed person is an inhabitant,

21 or in which he carries on business or maybe found, to com22 pel compliance with the subpoena. The court may issue

23 an order requiring the subpoenaed person to appear before

24 the Attorney General to produce records if so ordered. Any

25 failure to obey the order of the court may be punishable
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1 by the court as contempt thereof. All process in any such

2 case may be served in any judicial district in which the

3 person may be found.

4 ‘‘(d) As used in this section—

5 ‘‘(1) the term ‘fugitive’ means a person who—

6 ‘‘(A) having been accused by complaint, in7 formation or indictment under Federal law or

8 having been convicted of committing a felony

9 under Federal law, flees or attempts to flee

10 from or evades or attempts to evade the juris11 diction of the court with jurisdiction over the

12 felony;

13 ‘‘(B) having been accused by complaint, in14 formation or indictment (or equivalent docu15 ment) under state law or having been convicted

16 of committing a felony under state law, flees or

17 attempts to flee from, or evades or attempts to

18 evade, the jurisdiction of the court with juris19 diction over the felony;

20 ‘‘(C) escapes from lawful Federal or State

21 custody after having been accused by complaint,

22 information or indictment (or equivalent docu23 ment under State law) or having been convicted

24 of committing a felony under Federal or State

25 law; or
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1 ‘‘(D) is in violation of clause (2) or (3) of

2 the first paragraph of section 1073 of this title;

3 ‘‘(2) the term ‘investigation’ means, with re4 spect to a state fugitive described in subparagraph

5 (1)(B) or who has escaped from state custody under

6 subparagraph (1)(C), an investigation in which there

7 is reason to believe that the fugitive fled from or

8 evaded, or attempted to flee from or evade, the juris9 diction of the court, or escaped from custody, in or

10 affecting, or using any facility of, interstate or for11 eign commerce, or as to whom an appropriate law

12 enforcement officer or official of a State or political

13 subdivision has requested the Attorney General to

14 assist in the investigation, and the Attorney General

15 finds that the particular circumstances of the re16 quest give rise to a Federal interest sufficient for

17 the exercise of Federal jurisdiction pursuant to sec18 tion 1075;

19 ‘‘(3) the term ‘state’ means a state of the

20 United States, the District of Columbia, and any

21 commonwealth, territory, or possession of the United

22 States; and

23 ‘‘(4) the term ‘relevant or material’ means there

24 are articulable facts that show the fugitive’s where25 abouts may be discerned from the records sought.
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1 ‘‘(e) The provisions of this section shall be construed

2 and applied in a manner consistent with section 2703 of

3 title 18, and section 3402 of title 12, of the United States

4 Code.

5 ‘‘(f) The Attorney General may delegate the authori6 ties provided in this section only pursuant to the issuance

7 of formal guidelines.’’.

8 (b) The table of sections for chapter 49 of title 18,

9 United States Code, is amended by adding at the end the

10 following:

‘‘1075. Administrative subpoenas to apprehend fugitives.’’.

11 SEC. 5002. AMENDMENTS RELATING TO VIOLENT CRIME IN

12 INDIAN COUNTRY AND AREAS OF EXCLUSIVE

13 FEDERAL JURISDICTION.

14 (a) Section 1365(g)(3) of title 18, United States

15 Code, is amended by striking ‘‘means bodily injury which

16 involves—’’ and inserting ‘‘means bodily injury which re17 quires medical intervention or involves—’’.

18 (b) Section 113(a)(3) of title 18, United States Code,

19 is amended by striking ‘‘with intent to do bodily harm,

20 and’’.

21 (c)(1) Section 113(a)(7) of title 18, United States

22 Code, is amended by striking ‘‘to an individual who has

23 not attained the age of 16 years’’.

24 (2) Section 1153 of title 18, United States Code, is

25 amended C
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1 (A) in subsection (a), by striking ‘‘an assault

2 against an individual who has not attained the age

3 of 16 years’’ and inserting ‘‘assault resulting in sub4 stantial bodily injury’’; and

5 (B) by adding at the end a new subsection (c)

6 as follows:

7 ‘‘(c) Nothing in this section shall limit the inherent

8 power of Indian tribes to exercise criminal jurisdiction

9 over all Indians with respect to any offense within Indian

10 country, subject to the limitations on punishment set forth

11 in paragraph (7) of section 202 of the Act of April 11,

12 1969 (25 U.S.C. 1302(7)).’’.

13 (d) Section 1961(1)(A) of title 18, United States

14 Code, is amended by inserting ‘‘or would have been so

15 chargeable except that the act or threat was committed

16 in Indian country, as defined in section 1151, or in any

17 other area of exclusive Federal jurisdiction’’ after ‘‘charge18 able under State law’’.

19 (e) Section 1112(b) of title 18, United States Code,

20 is amended by striking ‘‘ten years’’ and inserting ‘‘twenty

21 years’’.

22 (f) Section 1153(a) of title 18, United States Code,

23 is amended by inserting ‘‘an offense for which the max24 imum statutory term of imprisonment under section 1363
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1 is greater than five years,’’ after ‘‘a felony under chapter

2 109A,’’.

3 (g) Section 1163 of title 18, United States Code, is

4 amended in the second paragraph by striking ‘‘so’’.

5 SEC. 5003. KIDNAPPING.

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

7 amended—

8 (1) by striking ‘‘or’’ at the end of paragraph (4); and

9 (2) by adding at the end the following new para10 graphs:

11 ‘‘(6) an individual travels in interstate or for12 eign commerce in furtherance of the offense; or

13 ‘‘(7) the mail or a facility in interstate or for14 eign commerce is used in furtherance of the of15 fense;’’.

16 SEC. 5004. OFFENSES COMMITTED OUTSIDE THE UNITED

17 STATES BY PERSONS ACCOMPANYING THE

18 ARMED FORCES.

19 (a) Title 18, United States Code, is amended by in20 serting after chapter 211 the following:
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1 ‘‘CHAPTER 212—CRIMINAL OFFENSES

2 COMMITTED OUTSIDE THE UNITED

3 STATES

4 ‘‘§ 3261. Criminal offenses committed by persons for5 merly serving with, or presently em6 ployed by or accompanying, the armed

7 forces outside the United States

8 ‘‘(a) Whoever, while serving with, employed by, or ac9 companying the armed forces outside the United States,

10 engages in conduct which would constitute an offense pun11 ishable by imprisonment for more than one year if the con12 duct had been engaged in within the special maritime and

13 territorial jurisdiction of the United States, shall be guilty

14 of a like offense and subject to a like punishment.

15 ‘‘(b) Nothing contained in this chapter deprives

16 courts-martial, military commissions, provost courts, or

17 other military tribunals of concurrent jurisdiction with re18 spect to offenders or offenses that by statute or by the

19 law of war may be tried by courts-martial, military com20 missions, provost courts, or other military tribunals.

21 ‘‘(c) No prosecution may be commenced under this

22 section if a foreign government, in accordance with juris23 diction recognized by the United States, has prosecuted

24 or is prosecuting such person for the conduct constituting

25 such offense, except upon the approval of the Attorney
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1 General of the United States or the Deputy Attorney Gen2 eral of the United States (or a person acting in either such

3 capacity), which function of approval may not be dele4 gated.’’

5 ‘‘(d)(1) The Secretaries of Defense and Transpor6 tation may designate and authorize any person serving in

7 a law enforcement position in the Department of Defense

8 and the Department of Transportation when the Coast

9 Guard is not operating as part of the Navy to arrest out10 side the United States any person described in subsection

11 (a) of this section who there is probable cause to believe

12 engaged in conduct which constitutes a criminal offense

13 under such section.

14 ‘‘(2) A person arrested under paragraph (1) of this

15 section shall be released to the custody of civilian law en16 forcement authorities of the United States for removal to

17 the United States for judicial proceedings in relation to

18 conduct referred to in such paragraph unless—

19 ‘‘(A) such person is delivered to authorities of

20 a foreign country under section 3262 of this title; or

21 ‘‘(B) charges are preferred against such person

22 under chapter 47 of title 10 for such conduct.

23 ‘‘§ 3262. Delivery to authorities of foreign countries

24 ‘‘(a) A person in the custody of the United States

25 for an alleged violation of section 3261(a) of this title may
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1 be delivered to the appropriate authorities of a foreign

2 country in which such person is alleged to have engaged

3 in conduct described in such subsection (a) of this section

4 if—

5 ‘‘(1) the appropriate authorities of that country

6 request the delivery of the person to such country

7 for trial for such conduct as an offense under the

8 laws of that country; and

9 ‘‘(2) the delivery of such person to that country

10 is authorized by a treaty or other international

11 agreement to which the United States is a party.

12 ‘‘(b) The Secretary of Defense, in consultation with

13 the Secretary of State, shall determine what officials of

14 a foreign country constitute appropriate authorities for

15 the purpose of this section.

16 ‘‘§ 3263. Regulations

17 ‘‘The Secretary of Defense and the Commandant of

18 the Coast Guard, in consultation with the Secretary of

19 State, shall each issue regulations governing the apprehen20 sion, detention, and removal of persons under this chapter.

21 Such regulations shall be uniform throughout the Depart22 ment of Defense and the Coast Guard, respectively.

23 ‘‘§ 3264. Definitions for chapter

24 ‘‘As used in this chapter—
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1 ‘‘(1) a person is ‘employed by the armed forces

2 outside the United States’—

3 ‘‘(A) if he or she is employed as a civilian

4 employee of a military department or of the De5 partment of Defense, as a Department of De6 fense contractor, or as an employee of a De7 partment of Defense contractor;

8 ‘‘(B) is present or residing outside the

9 United States in connection with such employ10 ment; and

11 ‘‘(C) is not a national of the host nation;

12 and

13 ‘‘(2) a person is ‘accompanying the armed

14 forces outside the United States’ if he or she—

15 ‘‘(A) is a dependent of a member of the

16 armed forces or of a civilian employee of a mili17 tary department or of the Department of De18 fense;

19 ‘‘(B) is residing with the member or civil20 ian employee outside the United States; and

21 ‘‘(C) is not a national of the host nation.’’.

22 (b) The table of chapters at the beginning of part

23 II of title 18, United States Code, is amended by inserting

24 after the item relating to chapter 211 the following:

‘‘212. Criminal Offenses Committed Outside the United

States .......................................................................... 3261’’.
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1 SEC. 5005. STATUS KILLINGS OF FEDERAL EMPLOYEES AND

2 CONSOLIDATION OF 18 U.S.C. 1114 AND 1121.

3 (a) Section 1114 of title 18, United States Code, is

4 amended—

5 (1) by inserting ‘‘or because of the status of the

6 victim as such an officer or employee,’’ after ‘‘on ac7 count of the performance of official duties,’’; and

8 (2) by inserting ‘‘or, if the person assisting is

9 an officer or employee of a State, local or Indian

10 tribal government, because of the status of the vic11 tim as such an officer or employee,’’ after ‘‘on ac12 count of that assistance,’’.

13 (b) Section 1121 of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘persons aiding Federal inves16 tigations or’’ in the heading; and

17 (2) by striking subsection (a) and redesignating

18 subsections (b) and (c) as subsections (a) and (b).

19 SEC. 5006. THREATS AGAINST FORMER PRESIDENTS AND

20 OTHERS ELIGIBLE FOR SECRET SERVICE

21 PROTECTION.

22 Section 879 of title 18, United States Code, is

23 amended—

24 (1) in paragraph (a)(3), by striking ‘‘the

25 spouse’’ and inserting ‘‘a member of the immediate

26 family’’;
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1 (2) by striking ‘‘or’’ at the end of paragraph

2 (a)(2);

3 (3) by inserting ‘‘or’’ at the end of paragraph

4 (a)(3);

5 (4) by inserting after paragraph (a)(3) the fol6 lowing new paragraph:

7 ‘‘(4) any other person who is protected pursu8 ant to section 3056(a)(6) of this title.’’;

9 (5) by striking in paragraph (a) ‘‘who is pro10 tected by the Secret Service as provided by law,’’;

11 and

12 (6) in paragraph (b)(1)(B)—

13 (A) by inserting ‘‘and (a)(3)’’ after ‘‘sub14 section (a)(2)’’;

15 (B) by striking ‘‘or’’ after ‘‘Vice Presi16 dent’’, and by inserting ‘‘or major candidate for

17 office of President or Vice President’’ after

18 ‘‘Vice President-elect.’’.

19 SEC. 5007. PARTICIPATION OF FOREIGN AND STATE GOV20 ERNMENT PERSONNEL UNDER FEDERAL SU21 PERVISION IN CERTAIN INTERCEPTIONS.

22 Section 2518(8) of title 18, United States Code, is

23 amended by inserting ‘‘(including personnel of a foreign

24 government or of a State or subdivision of a State or of

25 an Indian tribe after ‘‘Government personnel’’.
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1 SEC. 5008. REMOVAL OF THE SUNSET PROVISION FOR THE

2 S VISA CLASSIFICATION PROGRAM.

3 Section 214(k)(2) of the Immigration and Nationality

4 Act of 1952, as amended (8 U.S.C. 1184(k)(2)) is re5 pealed.

6 SEC. 5009. FEDERAL JUDICIARY SECURITY ACT.

7 Section 566 (e)(1)(A) of title 28, United States Code,

8 is amended to read as follows: ‘‘(A) provide for the per9 sonal protection of, and residential security for, Federal

10 jurists and provide for the personal protection of court of11 ficers, witnesses, and other threatened persons in the in12 terest of justice where criminal intimidation impedes on

13 the functioning of the judicial process or any other official

14 proceeding;’’.

15 SEC. 5010. AUTOPSY AUTHORITY.

16 (a) Chapter 31 of title 28, United States Code, is

17 amended by adding at the end the following:

18 ‘‘§ 530C. Autopsy authority in criminal investigations

19 ‘‘Notwithstanding any other law, the Attorney Gen20 eral or the head of any other Federal agency with jurisdic21 tion to detect or investigate an offense or possible offense

22 against the United States, within or outside the United

23 States, may, when deemed necessary or appropriate in the

24 conduct of that investigation, take custody of, and order

25 an autopsy and related scientific or medical tests to be

26 performed on the body of, a deceased victim. To the extent
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1 consistent with the needs of the autopsy or of specific sci2 entific or medical tests, provisions of any applicable law

3 protecting religious beliefs with respect to such autopsies

4 or tests shall be observed. Before ordering an autopsy or

5 related tests under this section, the Attorney General or

6 other Federal agency head, as the case may be, shall en7 deavor to inform the family of the deceased victim, if

8 known, that the autopsy will be performed. After the au9 topsy and any related tests have been performed, the re10 mains of the deceased victim, if known, shall be returned

11 as soon as practicable to the victim’s family.’’.

12 (b) The table of sections for chapter 31 of title 28,

13 United States Code, is amended by inserting at the end:

‘‘530C. Autopsy authority in criminal investigations.’’.

14 SEC. 5011. ADMINISTRATIVE SUMMONS AUTHORITY FOR

15 THE UNITED STATES SECRET SERVICE’S PRO16 TECTIVE FUNCTION RESPONSIBILITIES.

17 (a) Chapter 203 of title 18, United States Code, is

18 amended by inserting the following new section after sec19 tion 3056:

20 ‘‘§ 3056A. Administrative summons authority for the

21 United States Secret Service’s protective

22 function responsibilities

23 ‘‘(a) AUTHORITY.—Pursuant to regulations promul24 gated by the Secretary of the Treasury or his delegate,

25 the Director of the United States Secret Service, and su-
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1 pervisory special agents of the United States Secret Serv2 ice designated by the Director, may issue in writing and

3 cause to be served upon a person or entity, a summons

4 requiring the production of documents, records (including

5 records of information in electronic form), or other tan6 gible things. Any such summons shall be predicated upon

7 a determination that there is reason to believe that the

8 person or entity may possess or have control of such docu9 ments, records (including records of information in elec10 tronic form), or other tangible things, which may be rel11 evant, or may lead to the discovery of information rel12 evant, to the investigation of an imminent threat to the

13 life or safety of the President of the United States or any

14 other person described in section 3056. The United States

15 Secret Service shall notify the Attorney General or her

16 designee as soon as is practicable of the issuance of any

17 summons under this section.

18 ‘‘(b) CONTENTS.—A summons issued under this sec19 tion shall—

20 ‘‘(1) describe materials to be produced with suf21 ficient clarity and particularity to permit the mate22 rials to be identified; and

23 ‘‘(2) establish a return date that provides a rea24 sonable period of time within which the materials

25 can be assembled and made available.
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1 ‘‘(c) SERVICE.—A summons issued under this section

2 may be served by any person designated in the summons

3 to serve it, and the affidavit of the person serving the sum4 mons shall be proof of service. A summons may be served

5 on a natural person by personal delivery of the summons

6 to the person. A summons may be served on a domestic

7 or foreign corporation or on a partnership or other unin8 corporated association or entity by delivering the summons

9 personally to an officer, managing or general agent, or any

10 other agent authorized by appointment, or by the law of

11 any State or jurisdiction, to receive service of process.

12 ‘‘(d) PLACE OF SERVICE.—A summons issued under

13 this section may be served at any place within the United

14 States or any place subject to the laws or the jurisdiction

15 of the United States.

16 ‘‘(e) RESPONSE TO SUMMONS.—Any person or entity

17 served with a summons issued pursuant to this section

18 shall assemble the materials requested and shall produce

19 them on the date and at the place specified in the sum20 mons.

21 ‘‘(f) ENFORCEMENT.—

22 ‘‘(1) In the case of neglect or refusal to obey

23 a summons issued and served under this section, the

24 Attorney General or his designee may, upon request

25 of the United States Secret Service, invoke the aid
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1 of the United States District Court for any district

2 where the investigation is being carried on, the sum3 mons was served, or the summoned person carries

4 on business or may be found, to compel compliance

5 with the summons.

6 ‘‘(2) Not later than 10 days after the earlier of

7 the service of a summons issued under this section,

8 or the return date specified in such summons, a per9 son or entity served with such summons may file in

10 the United States District Court for the district in

11 which the investigation is to be carried on or in

12 which the summons was served, a petition for an

13 order modifying or setting aside the summons, or

14 any prohibition of disclosure order issued under sub15 section (i). The petition shall specify each ground

16 upon which the petitioner relies in seeking relief. An

17 order for disclosure of a summons issued pursuant

18 to subsection (i) shall not be grounds for modifying

19 or setting aside the summons itself.

20 ‘‘(g) JURISDICTION.—The United States District

21 Courts shall have jurisdiction to hear and determine the

22 matters arising under this section. Any failure to obey an

23 order entered under this section by such court may be

24 punished as a contempt thereof. Any petition filed or order

25 entered relating to a summons issued and served with an
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1 order prohibiting disclosure pursuant to subsection (i)

2 shall be under seal. All proceedings relating to or arising

3 from a summons or order prohibiting disclosure issued in

4 connection with the collection of positive foreign intel5 ligence or counterintelligence shall be under seal and in

6 compliance with applicable statutes, regulations, and or7 ders relating to the handling and disclosure of classified

8 information.

9 ‘‘(h) LIMITATIONS.—

10 ‘‘(1) Except as expressly provided in this sec11 tion, nothing in this section shall supersede the pro12 visions of any other law of the United States that

13 regulates access to materials by Federal agencies.

14 ‘‘(2) Summons issued under this section shall

15 not require the production of materials that would

16 be held to be unreasonable or protected from disclo17 sure if sought in a subpoena duces tecum issued by

18 a court of the United States.

19 ‘‘(3) Nothing in this section or in any other

20 statute or rule shall be construed to prohibit the use

21 of materials or the information obtained pursuant to

22 this section in any investigation or proceeding.

23 ‘‘(i) PROHIBITION OF DISCLOSURE.—Notwith24 standing any other provision of Federal, State, or local

25 law, a United States District Court for any district in
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1 which the investigation is being carried on may, upon ap2 plication of the United States and without notice to a sum3 mons recipient, issue an ex parte order that no person or

4 entity served with a summons pursuant to this section and

5 no representative of such a person or entity, shall disclose

6 to any other person or entity the existence of the sum7 mons, for a period of up to 90 days. Such order may be

8 issued on a showing that the materials being sought may

9 be relevant to a legitimate law enforcement inquiry involv10 ing an imminent threat to the President of the United

11 States or any other person described in section 3056, or

12 any threat under section 871 or 879, and that there is

13 reason to believe that such disclosure may result in

14 endangerment to the life or physical safety of any person

15 or flight from arrest or prosecution. The period of non16 disclosure may be renewed for additional periods of up to

17 90 days pursuant to this subsection. Nothing in this sub18 section shall prohibit any person from disclosing the serv19 ice of a summons pursuant to this section to any attorney

20 in confidence for the purpose of obtaining legal advice.

21 ‘‘(j) THIRD-PARTY PRODUCTION.—Any third party

22 record keeper, agent, or employee thereof, who, in good

23 faith reliance on an order prohibiting disclosure issued

24 pursuant to this section, produces any materials and does

25 not disclose such production to the subject of the records,
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1 shall not be liable to any customer or other person or enti2 ty for such nondisclosure.

3 ‘‘(k) RETURN OF RECORDS.—When any documen4 tary material has been produced by any person or entity

5 under this section, and no case or proceeding arising

6 therefrom has been instituted within a reasonable time

7 after completion of the analysis of all evidence assembled

8 in the course of the United States Secret Service’s protec9 tive function responsibilities, such person or entity shall

10 be entitled, upon written demand made upon the Director

11 of the Secret Service, to the return of all documentary ma12 terial other than copies thereof made pursuant to this sec13 tion.’’.

14 (b) TECHNICAL AMENDMENT.—The table of sections

15 for chapter 203 of title 18, United States Code, is amend16 ed by inserting after the item relating to section 3056 the

17 following:

‘‘3056A. Administrative Summons Authority for the United States Secret Service’s Protective Function Responsibilities.’’.

18 SEC. 5012. ESTABLISHING PERMANENT ONE PERCENT RE19 SEARCH AND EVALUATION SET-ASIDES FOR

20 CERTAIN PROGRAMS.

21 (a) Section 20108 of the Violent Crime Control and

22 Law Enforcement Act of 1994 (42 U.S.C. 13708) is

23 amended—

24 (1) in subsection (b)(3)—
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1 (A) by deleting subparagraphs (B) and

2 (C); and

3 (B) by redesignating subparagraph (D) as

4 subparagraph (B); and

5 (2) in subsection (a), by inserting at the end

6 the following:

7 ‘‘(3) PERMANENT SET-ASIDE FOR RESEARCH

8 AND EVALUATION.—The Attorney General shall re9 serve not less than 1 percent and no more than 3

10 percent of the sums appropriated to carry out this

11 subtitle in each fiscal year for research and evalua12 tion of this program.’’

13 ‘‘(4) PERMANENT SET-ASIDE FOR TECHNICAL

14 ASSISTANCE.—The Attorney General shall reserve

15 not less than 2 percent and no more than 3 percent

16 of the sums appropriated to carry out this subtitle

17 in each fiscal year for technical assistance related to

18 the use of grant funds, and development and imple19 mentation of reforms implemented pursuant to this

20 subtitle.’’.

21 (b) Section 1001(a)(16) of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(16))

23 is amended by—

24 (1) redesignating subparagraphs (A) through

25 (E) as clauses (i) through (v) respectively;
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1 (2) inserting ‘‘(A)’’ before ‘‘There’’; and

2 (3) inserting at the end the following:

3 ‘‘(B) The Attorney General shall reserve

4 not less than 1 percent and no more than 3

5 percent of the sums appropriated to carry out

6 projects under part R in each fiscal year for re7 search and evaluation of this program.’’.

8 (c) Section 1001(a)(17) of the Omnibus Crime Con9 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(17))

10 is amended by—

11 (1) redesignating subparagraphs (A) through

12 (E) as clauses (i) through (v) respectively;

13 (2) inserting ‘‘(A)’’ before ‘‘There’’; and

14 (3) inserting at the end the following:

15 ‘‘(B) The Attorney General shall reserve

16 not less than 1 percent and no more than 3

17 percent of the sums appropriated to carry out

18 projects under part S in each fiscal year for re19 search and evaluation of this program.’’.

20 (d) Section 1001(a)(18) of the Omnibus Crime Con21 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18))

22 is amended by—

23 (1) redesignating subparagraphs (A) through

24 (F) as clauses (i) through (vi) respectively;

25 (2) inserting ‘‘(A)’’ before ‘‘There’’; and
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1 (3) inserting at the end the following:

2 ‘‘(B) The Attorney General shall reserve

3 not less than 1 percent and no more than 3

4 percent of the sums appropriated to carry out

5 projects under part T in each fiscal year for re6 search and evaluation of this program.’’.

7 (e) Section 1001(a)(19) of the Omnibus Crime Con8 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19))

9 is amended by—

10 (1) redesignating subparagraphs (A) through

11 (C) as clauses (i) through (iii) respectively;

12 (2) inserting ‘‘(A)’’ before ‘‘There’’; and

13 (3) inserting at the end the following:

14 ‘‘(B) The Attorney General shall reserve

15 not less than 1 percent and no more than 3

16 percent of the sums appropriated to carry out

17 projects under part U in each fiscal year for re18 search and evaluation of this program.’’.

19 (f) Section 1001(a)(21) of the Omnibus Crime Con20 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(21))

21 is amended by—

22 (1) inserting ‘‘(A)’’ before ‘‘There’’; and

23 (2) inserting at the end the following:

24 ‘‘(B) The Attorney General shall reserve

25 not less than 1 percent and no more than 3
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1 percent of the sums appropriated to carry out

2 projects under part W in each fiscal year for re3 search and evaluation of this program.’’.

4 (g) Section 1001(a)(22) of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(22))

6 is amended by—

7 (1) inserting ‘‘(A)’’ before ‘‘There’’; and

8 (2) inserting at the end the following:

9 ‘‘(B) The Attorney General shall reserve

10 not less than 1 percent and no more than 3

11 percent of the sums appropriated to carry out

12 projects under part X in each fiscal year for re13 search and evaluation of this program.’’

14 (h) Section 200112 of the Violent Crime Control and

15 Law Enforcement Act of 1994 (42 U.S.C. 14101) is

16 amended by—

17 (1) inserting ‘‘(A)’’ before ‘‘There’’; and

18 (2) inserting at the end the following:

19 ‘‘(B) The Attorney General shall reserve

20 not less than 1 percent and no more than 3

21 percent of the sums appropriated to carry out

22 projects under this subtitle in each fiscal year

23 for research and evaluation of this program.’’.
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1 (i) Section 220002 of the Violent Crime Control and

2 Law Enforcement Act of 1994 (42 U.S.C. 14171) is

3 amended by inserting at the end the following:

4 ‘‘(i) PERMANENT SET-ASIDE FOR RESEARCH AND

5 EVALUATION.—The Attorney General shall reserve not

6 less than 1 percent and no more than 3 percent of the

7 sums appropriated to carry out this section in each fiscal

8 year for research and evaluation of this program.’’.

9 (j) Section 240001 of the Violent Crime Control and

10 Law Enforcement Act of 1994 (42 U.S.C. 14181) is

11 amended by inserting at the end the following:

12 ‘‘(e) PERMANENT SET-ASIDE FOR RESEARCH AND

13 EVALUATION.—The Attorney General shall reserve not

14 less than 1 percent and no more than 3 percent of the

15 sums appropriated to carry out this section in each fiscal

16 year for research and evaluation of this program.’’.

17 Subtitle B—Combating Crime and

18 Improving Operations in Cor19 rection Facilities

20 SEC. 5021. INCREASED PENALTIES AND EXPANDED JURIS21 DICTION FOR SEXUAL ABUSE OFFENSES IN

22 CORRECTIONAL FACILITIES.

23 Chapter 109A of title 18, United States Code, is

24 amended—
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1 (1) by inserting ‘‘or, with respect to any person

2 in the custody of the Attorney General, the Bureau

3 of Prisons, or confined in any institution or facility

4 by direction of the Attorney General’’ after ‘‘in a

5 Federal prison,’’ in each place it appears;

6 (2) in section 2243(b)(2), by striking ‘‘one

7 year’’ and inserting ‘‘three years’’;

8 (3) in section 2244(a)(4), by striking ‘‘six

9 months’’ and inserting ‘‘two years’’; and

10 (4) in section 2244(b), by striking ‘‘six months’’

11 and inserting ‘‘two years’’.

12 SEC. 5022. INCREASED PENALTIES AND EXPANDED JURIS13 DICTION FOR CONTRABAND OFFENSES IN

14 CORRECTIONAL FACILITIES.

15 Section 1791 of title 18, United States Code, is

16 amended—

17 (1) in paragraphs (1) and (2) of subsection (a),

18 by striking ‘‘inmate of a prison’’ and inserting ‘‘indi19 vidual in the custody of the Attorney General, the

20 Bureau of Prisons, or confined in any institution or

21 facility by direction of the Attorney General’’;

22 (2) by inserting ‘‘and’’ at the end of subsection

23 (d)(2);

24 (3) by striking ‘‘; and’’ in subsection (d)(3) and

25 inserting a period; and
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1 (4) by striking subsection (d)(4).

2 SEC. 5023. REMOVAL OF WIRETAP RESTRICTIONS FROM

3 PRISON COMMUNICATIONS.

4 (a) Section 2511(2)(h) of title 18, United States

5 Code, is amended—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (i);

8 (2) by striking the period at the end of sub9 paragraph (ii) and inserting ‘‘; or’’; and

10 (3) by adding a new subparagraph (iii) as fol11 lows:

12 ‘‘(iii) for a law enforcement officer to

13 intercept a wire, oral or electronic commu14 nication if at least one party to the com15 munication is an inmate or detainee in the

16 custody of the Attorney General of the

17 United States or of a State or political

18 subdivision thereof.’’.

19 (b) Section 3121(b) of title 18, United States Code,

20 is amended by inserting ‘‘if the telephone line or facility

21 is regularly used by an inmate or detainee in the custody

22 of the Attorney General of the United States or of a State

23 or political subdivision thereof, or if the pen register or

24 trap and trace device is used’’ after ‘‘The prohibition of
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1 subsection (a) does not apply with respect to the use of

2 a pen register or trap and trace device’’.

3 (c) The Attorney General shall promulgate regula4 tions governing interceptions or tracing activity exempted

5 by subsections (a) and (b) to safeguard communications

6 protected by the attorney-client privilege and the right to

7 counsel under the Constitution of the United States.

8 SEC. 5024. IMPROVING EFFICIENCY THROUGH IMPROVED

9 MEDICAL PAYMENT RULES IN PRISONS AND

10 RELATED FACILITIES.

11 (a) EXTENSION OF VETERANS ADMINISTRATION AND

12 CHAMPUS ACCESS TO MEDICARE INPATIENT HOSPITALS

13 TO THE DEPARTMENT OF JUSTICE.—

14 (1) IN GENERAL.—Section 1866(a)(1) of the

15 Social Security Act (42 U.S.C. 1395cc(a)(1)) is

16 amended—

17 (A) by striking the period at the end of

18 subparagraph (S) and inserting a semicolon;

19 and

20 (B) by adding at the end the following new

21 subparagraph:

22 ‘‘(T) in the case of hospitals which furnish

23 inpatient hospital services for which payment

24 may be made under this title, if such hospital

25 furnishes inpatient hospital services for which
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1 payment may be made under chapter 301 or

2 chapter 303 of title 18, United States Code, to

3 be a participating provider of medical care

4 under such chapter, in accordance with such

5 admission practices, and such payment method6 ology and amounts, as are prescribed under

7 joint regulations issued by the Secretary and by

8 the Attorney General in implementation of such

9 chapter, which regulations shall require full

10 payment by the Attorney General of any secu11 rity costs associated with treatment of patients

12 receiving services pursuant to such chapter.’’.

13 (2) EFFECTIVE DATE.—The amendments made

14 by paragraph (1) apply to services furnished on and

15 after the effective date of the regulations issued pur16 suant to such paragraph.

17 SEC. 5025. JUDICIAL DISTRICT DESIGNATION.

18 Section 113 of title 28, United States Code, is

19 amended by striking ‘‘Federal Correctional Institution,

20 Butner’’ wherever it appears and inserting ‘‘Federal Cor21 rectional Complex, Butner’’.
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1 Subtitle C—Improvements in Fed2 eral Law Relating to White Col3 lar Crime

4 SEC. 5031. ELIMINATION OF PROOF OF VALUE REQUIRE5 MENT FOR FELONY THEFT OR CONVERSION

6 OF GRAND JURY MATERIAL.

7 Section 641 of title 18, United States Code, is

8 amended by striking ‘‘but if the value of such property

9 does not exceed the sum of $1,000, he’’ and inserting ‘‘but

10 if the value of such property, other than property consti11 tuting ‘matters occurring before the grand jury’ within the

12 meaning of Rule 6(e) of the Federal Rules of Criminal

13 Procedure, does not exceed the sum of $1000,’’.

14 SEC. 5032. AMENDMENT OF INTERSTATE TRAVEL FRAUD

15 STATUTE TO COVER TRAVEL BY PERPE16 TRATOR.

17 Section 2314 of title 18, United States Code, is

18 amended in the second undesignated paragraph by insert19 ing ‘‘travels in or’’ before ‘‘transports or causes to be

20 transported, or induce any person or persons to travel in’’.

21 SEC. 5033. CONFORMING PENALTY AMENDMENT FOR

22 FRAUDS RESULTING IN SERIOUS INJURY OR

23 DEATH.

24 Sections 1341 and 1343 of title 18, United States

25 Code, are each amended by inserting the following before
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1 the last sentence: ‘‘If the violation results in serious bodily

2 injury (as defined in section 1365 of this title), such per3 son shall be fined under this title or imprisoned not more

4 than 20 years, or both; and if the violation results in

5 death, such person shall be fined under this title, or im6 prisoned for any term of years or for life, or both.’’.

7 SEC. 5034. FORFEITURE OF COMPUTERS AND OTHER DE8 VICES USED FOR COUNTERFEITING.

9 Section 492 of title 18, United States Code, is

10 amended—

11 (1) by striking the third and fourth undesig12 nated paragraphs;

13 (2) by designating the remaining paragraphs as

14 subsections (a) and (b);

15 (3) by adding the following new subsections:

16 ‘‘(c) All seizures and civil forfeitures pursuant to sub17 section (a) shall be governed by the procedures set forth

18 in chapter 46 of this title pertaining to civil forfeitures,

19 including Section 981(d) which incorporates the customs

20 laws (19 U.S.C. § 1602, et seq.). The Attorney General

21 shall have sole responsibility for disposing of petitions for

22 remission or mitigation with respect to property involved

23 in a judicial forfeiture proceeding.

24 ‘‘(d) A court in sentencing a person for a violation

25 of this chapter or of section 331–33, 335, 336, 642, 1720,
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1 or 2318 of this title, shall order the person to forfeit the

2 property described in subsection (a). The forfeiture of

3 property under this section, including any seizure and dis4 position of the property, and any related judicial or admin5 istrative proceeding, shall be governed by the provisions

6 of section 413 (other than subsection (d) of that section)

7 of the Comprehensive Drug Abuse Prevention and Control

8 Act of 1970 (21 U.S.C. § 853).’’; and

9 (4) in subsection (b), as so designated by this

10 section, by striking ‘‘fined not more than $100’’ and

11 inserting ‘‘fined under this title’’.

12 SEC. 5035. CONFORMING AMENDMENT.

13 Section 2516(1)(c) of title 18, United States Code,

14 is amended by inserting ‘‘section 38 (relating to aircraft

15 parts fraud),’’ after ‘‘section 32 (relating to destruction

16 of aircraft or aircraft facilities),’’.

17 SEC. 5036. INCREASED MAXIMUM CORPORATE PENALTY

18 FOR ANTITRUST VIOLATIONS.

19 (a) RESTRAINT OF TRADE AMONG THE STATES.—

20 Section 1 of the Sherman Act (15 U.S.C. 1) is amended

21 by striking ‘‘$10,000,000’’ and inserting ‘‘$100,000,000’’.

22 (b) MONOPOLIZING TRADE.—Section 2 of the Sher23 man Act (15 U.S.C. 2) is amended by striking

24 ‘‘$10,000,000’’ and inserting ‘‘$100,000,000’’.
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1 (c) OTHER RESTRAINTS.—Section 3 of the Sherman

2 Act (15 U.S.C. 3) is amended by striking ‘‘$10,000,000’’

3 and inserting ‘‘$100,000,000’’.

4 Subtitle D—Federal Law

5 Enforcement Programs

6 SEC. 5041. FEDERAL PROSECUTOR ETHICS ACT.

7 Section 530B of title 28, United States Code, as

8 added by title VIII of division A of the Omnibus Consoli9 dated and Emergency Supplemental Appropriations Act,

10 1999, is hereby repealed.

11 SEC. 5042. STRENGTHENING LAW ENFORCEMENT IN U.S.

12 TERRITORIES, COMMONWEALTHS AND POS13 SESSIONS.

14 Chapter 57 of title 5, United States Code, is

15 amended—

16 (1) in subchapter IV by adding at the end the

17 following new section:

18 ‘‘§ 5757. Extended assignment incentive

19 ‘‘(a) The head of an Executive agency may pay an

20 extended assignment incentive to an employee if—

21 ‘‘(1) the employee has completed at least 2

22 years of continuous service in one or more civil serv23 ice positions located in a territory or possession of

24 the United States, the Commonwealth of Puerto
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1 Rico or the Commonwealth of the Northern Mariana

2 Islands;

3 ‘‘(2) the agency determines that replacing the

4 employee with another employee possessing the re5 quired qualifications and experience would be dif6 ficult; and

7 ‘‘(3) the agency determines it is in the best in8 terest of the Government to encourage the employee

9 to complete a specified additional period of employ10 ment with the agency in the territory or possession,

11 the Commonwealth of Puerto Rico or Common12 wealth of the Northern Mariana Islands, except that

13 the total amount of service performed in a particular

14 territory, commonwealth or possession under one or

15 more agreements established under this section may

16 not exceed 5 years.

17 ‘‘(b) The sum of extended assignment incentive pay18 ments for a service period may not exceed the greater of—

19 ‘‘(1) an amount equal to 25 percent of the an20 nual rate of basic pay of the employee at the begin21 ning of the service period, times the number of years

22 in the service period; or

23 ‘‘(2) $15,000 per year in the service period.

24 ‘‘(c)(1) Payment of an extended assignment incentive

25 shall be contingent upon the employee entering into a writ-
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1 ten agreement with the agency specifying the period of

2 service and other terms and conditions under which the

3 extended assignment incentive is payable.

4 ‘‘(2) The agreement shall set forth the method of

5 payment, including any use of an initial lump-sum pay6 ment, installment payments, or a final lump-sum payment

7 upon completion of the entire period of service.

8 ‘‘(3) The agreement shall describe the conditions

9 under which the extended assignment incentive may be

10 canceled prior to the completion of the agreed-upon service

11 period and the effect of the cancellation. The agreement

12 shall require that if, at the time of cancellation of the in13 centive, the employee has received incentive payments

14 which exceed the amount which bears the same relation15 ship to the total amount to be paid under the agreement

16 as the completed service period bears to the agreed-upon

17 service period, the employee shall repay that excess

18 amount, at a minimum, except that an employee who is

19 involuntarily reassigned to a position stationed outside the

20 territory, commonwealth or possession or involuntarily

21 separated (not for cause on charges of misconduct, delin22 quency, or inefficiency) may not be required to repay any

23 excess amounts.

24 ‘‘(d) An agency may not put an extended assignment

25 incentive into effect during a period in which the employee
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1 is fulfilling a recruitment or relocation bonus service

2 agreement under section 5753 or for which an employee

3 is receiving a retention allowance under section 5754.

4 ‘‘(e) Extended assignment incentive payments may

5 not be considered part of the basic pay of an employee.

6 ‘‘(f) The Office of Personnel Management may pre7 scribe regulations for the administration of this section,

8 including regulations on an employee’s entitlement to re9 tain or receive incentive payments when an agreement is

10 canceled. Neither this section nor implementing regula11 tions may impair any agency’s independent authority to

12 administratively determine compensation for a class of its

13 employees.’’; and

14 (2) in the analysis by adding at the end the fol15 lowing:

‘‘5757. Extended assignment incentive.’’.

16 (b) Section 5307(a)(2)(B) of title 5, United States

17 Code, is amended by striking ‘‘or 5755’’ and inserting

18 ‘‘5755, or 5757’’.

19 (c) The amendments made by this Act shall take ef20 fect on the first day of the first applicable pay period be21 ginning on or after 6 months after the date of enactment

22 of the Act.

23 (d) No later than three years after the effective date

24 of this section, the Office of Personnel Management, after

25 consultation with affected agencies, shall submit a report
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1 to the Congress assessing the effectiveness of the extended

2 assignment incentive authority as a human resources man3 agement tool and making recommendations for any

4 changes necessary to improve the effectiveness of the in5 centive authority. Each agency shall maintain such

6 records and report such information, including the number

7 and size of incentive offers made and accepted or declined

8 by geographic location and occupation, in such format and

9 at such times as the Office of Personnel Management may

10 prescribe, for use in preparing the report.

11 SEC. 5043. AGENCIES AUTHORIZED TO INVESTIGATE VIOLA12 TIONS.

13 Section 1956(e) of title 18, United States Code, is

14 amended by striking ‘‘National Enforcement Investiga15 tions Center’’ and inserting ‘‘Criminal Investigation Divi16 sion’’.

17 Subtitle E—Improvements to

18 Federal Sentencing Laws

19 SEC. 5051. PRISON CREDIT AND AGING PRISONER REFORM.

20 (a) PRISON CREDITS IN GENERAL.—Section 3585(b)

21 of title 18, United States Code, is amended to read as

22 follows—

23 ‘‘(b) CREDIT FOR PRIOR CUSTODY.—A defendant

24 shall be given credit toward the service of a term of impris25 onment for any time spent in official detention prior to
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1 the date the sentence commences only if that official de2 tention is as a result of the offense for which the sentence

3 was imposed and has not been—

4 ‘‘(1) credited toward another sentence; or

5 ‘‘(2) applied in any manner to an undischarged

6 concurrent term of imprisonment.’’.

7 (b) GOOD TIME CREDITS FOR FOREIGN PRISONERS

8 TRANSFERRED TO THE UNITED STATES.—Section

9 4105(c) of title 18, United States Code, is amended—

10 (1) in paragraph (1), by inserting ‘‘by the Bu11 reau of Prisons and deducted from the sentence im12 posed by the foreign court’’ after ‘‘These credits

13 shall be combined’’;

14 (2) by redesignating paragraphs (3) and (4) as

15 paragraphs (5) and (6); and

16 (3) by inserting after paragraph (2) the fol17 lowing:

18 ‘‘(3) If the term of imprisonment under section

19 4106A(b)(1)(A) is less than or equal to the total

20 sentence imposed and certified by the foreign au21 thorities on the basis of considerations other than

22 the limitation arising under section 4106A(b)(1)(C),

23 the Bureau of Prisons shall calculate credits for sat24 isfactory behavior at the rate provided in section

25 3624(b) and computed on the basis of the term of
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1 imprisonment under section 4106A(b)(1)(A). If the

2 credits calculated under this paragraph produce a

3 release date that is earlier than the release date oth4 erwise determined under this section, the release

5 date calculated under this paragraph shall apply to

6 the transferred offender.

7 ‘‘(4) Upon release from imprisonment, the of8 fender shall commence service of any period of su9 pervised release established pursuant to section

10 4106A(b)(1)(A), and the balance of the foreign sen11 tence remaining at the time of release from prison

12 shall not be reduced by credits for satisfactory be13 havior, or labor, or any other credit that has been

14 applied to establish the offender’s release date.’’.

15 (c) CONFORMING AMENDMENT.—Section

16 4106A(b)(1)(A) of title 18, United States Code, is amend17 ed by striking ‘‘release date’’ and inserting ‘‘term of im18 prisonment’’.

19 (d) EXPANSION OF PROVISION ALLOWING FOR RE20 LEASE OF NON-DANGEROUS OFFENDERS WHO HAVE

21 SERVED AT LEAST THIRTY YEARS IN PRISON AND ARE

22 AT LEAST 70 YEARS OLD.—Section 3582(c)(1)(A) of title

23 18, United States Code, is amended—

24 (1) by inserting ‘‘(and may impose a sentence

25 of probation or supervised release with or without
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1 conditions)’’ after ‘‘may reduce the term of impris2 onment’’;

3 (2) in subparagraph (ii), by inserting ‘‘(other

4 than an offense or offenses under chapter 109A of

5 this title)’’ after ‘‘the offense or offenses’’; and

6 (3) in subparagraph (ii), by striking ‘‘, pursu7 ant to a sentence imposed under section 3559(c),’’.

8 SEC. 5052. CORRECTION OF ABERRANT STATUTES TO PER9 MIT IMPOSITION OF BOTH A FINE AND IM10 PRISONMENT RATHER THAN ONLY EITHER

11 PENALTY.

12 (a) Section 401 of title 18, United States Code, is

13 amended by inserting ‘‘or both,’’ after ‘‘fine or imprison14 ment,’’;

15 (b) Section 1705 of title 18, United States Code, is

16 amended by inserting ‘‘, or both’’ after ‘‘years’’;

17 (c) Sections 1916, 2234, and 2235 of title 18, United

18 States Code, are each amended by inserting ‘‘, or both’’

19 after ‘‘year’’.

20 SEC. 5053. AMENDMENT OF FEDERAL SENTENCING GUIDE21 LINES FOR COUNTERFEIT BEARER OBLIGA22 TIONS OF THE UNITED STATES.

23 (a) IN GENERAL.—Pursuant to its authority under

24 section 994(p) of title 28, United States Code, the United

25 States Sentencing Commission shall review and if appro-
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1 priate, amend the Federal sentencing guidelines generally

2 to enhance the penalty for offenses involving counterfeit

3 bearer obligation of the United States.

4 (b) FACTORS FOR CONSIDERATION.—In carrying out

5 this subsection, the Commission shall consider, with re6 spect to the offenses described in subsection (a)—

7 (1) whether the base offense level in the current

8 guidelines is adequate to address the serious nature

9 of these offenses and the public interest in pro10 tecting the integrity of U.S. currency, especially in

11 light of recent technological advancements in coun12 terfeiting methods that decrease the cost and in13 crease the availability of such counterfeiting methods

14 to criminals;

15 (2) whether the current specific offense char16 acteristic applicable to manufacturing counterfeit ob17 ligations fails to take into account the range of of18 fenses in this category; and

19 (3) any other factor that the Commission con20 siders to be appropriate.

21 (c) EMERGENCY AUTHORITY TO SENTENCING COM22 MISSION.—The Commission shall promulgate the guide23 lines or amendments provided for under this subsection

24 as soon as is practicable in accordance with the procedure
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1 set forth in section 21(a) of the Sentencing Act of 1987,

2 as though the authority under that Act had not expired.

Æ