II

★(Star Print)

106TH CONGRESS

1ST SESSION S. 5

To reduce the transportation and distribution of illegal drugs and to

strengthen domestic demand reduction, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. DEWINE (for himself, Mr. ABRAHAM, Mr. ASHCROFT, Mr. GRASSLEY, Mr.

HATCH, Mr. LOTT, Mr. COVERDELL, and Mr. MCCAIN) introduced the

following bill; which was read twice and referred to the Committee on the

Judiciary

A BILL

To reduce the transportation and distribution of illegal drugs

and to strengthen domestic demand reduction, and for

other purposes.

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 ‘‘Drug-Free Century Act’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTERNATIONAL SUPPLY REDUCTION
2

S 5 IS1S

Subtitle A—International Crime

CHAPTER 1—INTERNATIONAL CRIME CONTROL

Sec. 1001. Short title.

Sec. 1002. Felony punishment for violence committed along the United States

border.

CHAPTER 2—STRENGTHENING MARITIME LAW ENFORCEMENT ALONG

UNITED STATES BORDERS

Sec. 1003. Sanctions for failure to heave to, obstructing a lawful boarding, and

providing false information.

Sec. 1004. Civil penalties to support maritime law enforcement.

Sec. 1005. Customs orders.

CHAPTER 3—SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS

Sec. 1006. Smuggling contraband and other goods from the United States.

Sec. 1007. Customs duties.

Sec. 1008. False certifications relating to exports.

CHAPTER 4—DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS

Sec. 1009. Extradition for offenses not covered by a list treaty.

Sec. 1010. Extradition absent a treaty.

Sec. 1011. Technical and conforming amendments.

Sec. 1012. Temporary transfer of persons in custody for prosecution.

Sec. 1013. Prohibiting fugitives from benefiting from fugitive status.

Sec. 1014. Transfer of foreign prisoners to serve sentences in country of origin.

Sec. 1015. Transit of fugitives for prosecution in foreign countries.

CHAPTER 5—SEIZING AND FORFEITING ASSETS OF INTERNATIONAL

CRIMINALS

Sec. 1016. Criminal penalties for violations of anti-money laundering orders.

Sec. 1017. Cracking down on illegal money transmitting businesses.

Sec. 1018. Expanding civil money laundering laws to reach foreign persons.

Sec. 1019. Punishment of money laundering through foreign banks.

Sec. 1021. Authority to order convicted criminals to return property located

abroad.

Sec. 1022. Administrative summons authority under the Bank Secrecy Act.

Sec. 1023. Exempting financial enforcement data from unnecessary disclosure.

Sec. 1024. Criminal and civil penalties under the International Emergency Economic Powers Act.

Sec. 1025. Attempted violations of the Trading With the Enemy Act.

Sec. 1026. Jurisdiction over certain financial crimes committed abroad.

CHAPTER 6—PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST

INTERNATIONAL CRIME

Sec. 1027. Streamlined procedures for execution of MLAT requests.

Sec. 1028. Temporary transfer of incarcerated witnesses.

Sec. 1029. Training of foreign law enforcement agencies.

Sec. 1030. Discretionary authority to use forfeiture proceeds.

Subtitle B—International Drug Control
3

S 5 IS1S

Sec. 1201. Annual country plans for drug-transit and drug producing countries.

Sec. 1202. Prohibition on use of funds for counternarcotics activities and assistance.

Sec. 1203. Sense of Congress regarding Colombia.

Sec. 1204. Sense of Congress regarding Mexico.

Sec. 1205. Sense of Congress regarding Iran.

Sec. 1206. Sense of Congress regarding Syria.

Sec. 1207. Brazil.

Sec. 1208. Jamaica.

Sec. 1209. Sense of Congress regarding North Korea.

Subtitle C—Foreign Military Counter-Drug Support

Sec. 1301. Report.

Subtitle D—Money Laundering Deterrence

Sec. 1401. Short title.

Sec. 1402. Findings and purposes.

Sec. 1403. Reporting of suspicious activities.

Sec. 1404. Expansion of scope of summons power.

Sec. 1405. Penalties for violations of geographic targeting orders and certain

recordkeeping requirements.

Sec. 1406. Repeal of certain reporting requirements.

Sec. 1407. Limited exemption from Paperwork Reduction Act.

Sec. 1408. Sense of Congress.

Subtitle E—Additional Funding For Source and Interdiction Zone Countries

Sec. 1501. Source zone countries.

Sec. 1502. Central America.

TITLE II—DOMESTIC LAW ENFORCEMENT

Subtitle A—Criminal Offenders

Sec. 2001. Apprehension and procedural treatment of armed violent criminals.

Sec. 2002. Criminal attempt.

Sec. 2003. Drug offenses committed in the presence of children.

Sec. 2004. Sense of Congress on border defense.

Sec. 2005. Clone pagers.

Subtitle B—Methamphetamine Sentencing Enhancement and Laboratory

Cleanup

Sec. 2101. Expanding Criminal Penalties.

Sec. 2102. Sense of Congress regarding methamphetamine laboratory cleanup.

Subtitle C—Powder Cocaine Mandatory Minimum Sentencing

Sec. 2201. Sentencing for violations involving cocaine powder.

Subtitle D—Drug-Free Borders

Sec. 2301. Increased penalty for false statement offense.

Sec. 2302. Increased number of border patrol agents.

Sec. 2303. Enhanced border patrol pursuit policy.

TITLE III—DOMESTIC DEMAND REDUCTION
4

S 5 IS1S

Subtitle A—Education, Prevention, and Treatment

Sec. 3001. Sense of Congress on reauthorization of Safe and Drug-Free

Schools and Communities Act of 1994.

Sec. 3002. Sense of Congress regarding reauthorization of prevention and

treatment programs.

Sec. 3003. Report on drug-testing technologies.

Sec. 3004. Use of National Institutes of Health substance abuse research.

Sec. 3005. Needle exchange.

Sec. 3006. Drug-free teen drivers incentive.

Sec. 3007. Drug-free schools.

Sec. 3008. Victim and witness assistance programs for teachers and students.

Sec. 3009. Innovative programs to protect teachers and students.

Subtitle B—Drug-Free Families

Sec. 3101. Short title.

Sec. 3102. Findings.

Sec. 3103. Purposes.

Sec. 3104. Definitions.

Sec. 3105. Establishment of drug-free families support program.

Sec. 3106. Authorization of appropriations.

TITLE IV—FUNDING FOR UNITED STATES COUNTER-DRUG

ENFORCEMENT AGENCIES

Sec. 4001. Authorization of appropriations.

Sec. 4002. Cargo inspection and narcotics detection equipment.

Sec. 4003. Peak hours and investigative resource enhancement.

Sec. 4004. Air and marine operation and maintenance funding.

Sec. 4005. Compliance with performance plan requirements.

Sec. 4006. Commissioner of Customs salary.

Sec. 4007. Passenger preclearance services.

Subtitle B—United States Coast Guard

Sec. 4101. Additional funding for operation and maintenance.

Subtitle C—Drug Enforcement Administration

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

Subtitle D—Department of the Treasury

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

Subtitle E—Department of Defense

Sec. 4401. Additional funding for expansion of counternarcotics activities.

Sec. 4402. Forward military base for counternarcotics matters.

Sec. 4403. Expansion of radar coverage and operation in source and transit

countries.

Sec. 4404. Sense of Congress regarding funding under Western Hemisphere

Drug Elimination Act.

Sec. 4405. Sense of Congress regarding the priority of the drug interdiction

and counterdrug activities of the Department of Defense.
5

S 5 IS1S

1 TITLE I—INTERNATIONAL

2 SUPPLY REDUCTION

3 Subtitle A—International Crime

4 CHAPTER 1—INTERNATIONAL CRIME

5 CONTROL

6 SEC. 1001. SHORT TITLE.

7 This chapter may be cited as the ‘‘International

8 Crime Control Act of 1999’’.

9 SEC. 1002. FELONY PUNISHMENT FOR VIOLENCE COMMIT10 TED ALONG THE UNITED STATES BORDER.

11 (a) IN GENERAL.—Chapter 27 of title 18, United

12 States Code, is amended by adding at the end the follow13 ing:

14 ‘‘§ 554. Violence while eluding inspection or during

15 violation of arrival, reporting, entry, or

16 clearance requirements

17 ‘‘(a) IN GENERAL.—Whoever attempts to commit or

18 commits a crime of violence or recklessly operates any con19 veyance during and in relation to—

20 ‘‘(1)(A) attempting to elude or eluding immi21 gration, customs, or agriculture inspection; or

22 ‘‘(B) failing to stop at the command of an offi23 cer or employee of the United States charged with

24 enforcing the immigration, customs, or other laws of
6

S 5 IS1S

1 the United States along any border of the United

2 States; or

3 ‘‘(2) an intentional violation of arrival, report4 ing, entry, or clearance requirements, as set forth in

5 section 107 of the Federal Plant Pest Act (7 U.S.C.

6 150ff), section 10 of the Act of August 20, 1912

7 (commonly known as the ‘Plant Quarantine Act’ (7

8 U.S.C. 164a)), section 7 of the Federal Noxious

9 Weed Act of 1974 (7 U.S.C. 2807), section 431,

10 433, 434, or 459 of the Tariff Act of 1930 (19

11 U.S.C. 1431, 1433, 1434, and 1459), section 10 of

12 the Act of August 30, 1890 (26 Stat. 417; chapter

13 839 (21 U.S.C. 105), section 2 of the Act of Feb14 ruary 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C.

15 111), section 4197 of the Revised Statutes (46

16 U.S.C. App. 91), or sections 231, 232, and 234

17 through 238 of the Immigration and Nationality Act

18 (8 U.S.C. 1221, 1222, and 1224 through 1228)

19 shall be—

20 ‘‘(A) fined under this title, imprisoned not

21 more than 5 years, or both;

22 ‘‘(B) if bodily injury (as defined in section

23 1365(g)) results, fined under this title, impris24 oned not more than 10 years, or both; or
7

S 5 IS1S

1 ‘‘(C) if death results, fined under this title,

2 imprisoned for any term of years or for life, or

3 both, and may be sentenced to death.

4 ‘‘(b) CONSPIRACY.—If 2 or more persons conspire to

5 commit an offense under subsection (a), and 1 or more

6 of those persons do any act to effect the object of the con7 spiracy, each shall be punishable as a principal, except

8 that a sentence of death may not be imposed.’’.

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—

10 The analysis for chapter 27 of title 18, United States

11 Code, is amended by adding at the end the following:

‘‘554. Violence while eluding inspection or during violation of arrival, reporting,

entry, or clearance requirements.’’.

12 (c) RECKLESS ENDANGERMENT.—Section 111 of

13 title 18, United States Code, is amended—

14 (1) by redesignating subsection (b) as sub15 section (c); and

16 (2) by inserting after subsection (a) the follow17 ing:

18 ‘‘(b) RECKLESS ENDANGERMENT.—Whoever—

19 ‘‘(1) knowingly disregards or disobeys the law20 ful authority or command of any officer or employee

21 of the United States charged with enforcing the im22 migration, customs, or other laws of the United

23 States along any border of the United States while
8

S 5 IS1S

1 engaged in, or on account of, the performance of of2 ficial duties of that officer or employee; and

3 ‘‘(2) as a result of disregarding or disobeying

4 an authority or command referred to in paragraph

5 (1), endangers the safety of any person or property,

6 shall be fined under this title, imprisoned not more than

7 6 months, or both.’’.

8 CHAPTER 2—STRENGTHENING MARITIME

9 LAW ENFORCEMENT ALONG UNITED

10 STATES BORDERS

11 SEC. 1003. SANCTIONS FOR FAILURE TO HEAVE TO, OB12 STRUCTING A LAWFUL BOARDING, AND PRO13 VIDING FALSE INFORMATION.

14 (a) IN GENERAL.—Chapter 109 of title 18, United

15 States Code, is amended by adding at the end the follow16 ing:

17 ‘‘§ 2237. Sanctions for failure to heave to; sanctions

18 for obstruction of boarding or providing

19 false information

20 ‘‘(a) DEFINITIONS.—In this section:

21 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.—

22 The term ‘Federal law enforcement officer’ has the

23 meaning given that term in section 115(c).

24 ‘‘(2) HEAVE TO.—The term ‘heave to’ means,

25 with respect to a vessel, to cause that vessel to slow
9

S 5 IS1S

1 or come to a stop to facilitate a law enforcement

2 boarding by adjusting the course and speed of the

3 vessel to account for the weather conditions and the

4 sea state.

5 ‘‘(3) VESSEL OF THE UNITED STATES; VESSEL

6 SUBJECT TO THE JURISDICTION OF THE UNITED

7 STATES.—The terms ‘vessel of the United States’

8 and ‘vessel subject to the jurisdiction of the United

9 States’ have the meanings given those terms in sec10 tion 3 of the Maritime Drug Law Enforcement Act

11 (46 U.S.C. App. 1903).

12 ‘‘(b) FAILURE TO OBEY AN ORDER TO HEAVE TO.—

13 ‘‘(1) IN GENERAL.—It shall be unlawful for the

14 master, operator, or person in charge of a vessel of

15 the United States or a vessel subject to the jurisdic16 tion of the United States, to fail to obey an order

17 to heave to that vessel on being ordered to do so by

18 an authorized Federal law enforcement officer.

19 ‘‘(2) IMPEDING BOARDING; PROVIDING FALSE

20 INFORMATION IN CONNECTION WITH A BOARDING.—

21 It shall be unlawful for any person on board a vessel

22 of the United States or a vessel subject to the juris23 diction of the United States knowingly or willfully

24 to—
10

S 5 IS1S

1 ‘‘(A) fail to comply with an order of an au2 thorized Federal law enforcement officer in con3 nection with the boarding of the vessel;

4 ‘‘(B) impede or obstruct a boarding or ar5 rest, or other law enforcement action authorized

6 by any Federal law; or

7 ‘‘(C) provide false information to a Federal

8 law enforcement officer during a boarding of a

9 vessel regarding the destination, origin, owner10 ship, registration, nationality, cargo, or crew of

11 the vessel.

12 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this

13 section may be construed to limit the authority granted

14 before the date of enactment of the International Crime

15 Control Act of 1999 to—

16 ‘‘(1) a customs officer under section 581 of the

17 Tariff Act of 1930 (19 U.S.C. 1581) or any other

18 provision of law enforced or administered by the

19 United States Customs Service; or

20 ‘‘(2) any Federal law enforcement officer under

21 any Federal law to order a vessel to heave to.

22 ‘‘(d) CONSENT OR WAIVER OF OBJECTION BY A FOR23 EIGN COUNTRY.—

24 ‘‘(1) IN GENERAL.—A foreign country may con25 sent to or waive objection to the enforcement of
11

S 5 IS1S

1 United States law by the United States under this

2 section by international agreement or, on a case-by3 case basis, by radio, telephone, or similar oral or

4 electronic means.

5 ‘‘(2) PROOF OF CONSENT OR WAIVER.—The

6 Secretary of State or a designee of the Secretary of

7 State may prove a consent or waiver described in

8 paragraph (1) by certification.

9 ‘‘(e) PENALTIES.—Any person who intentionally vio10 lates any provision of this section shall be fined under this

11 title, imprisoned not more than 5 years, or both.

12 ‘‘(f) SEIZURE OF VESSELS.—

13 ‘‘(1) IN GENERAL.—A vessel that is used in vio14 lation of this section may be seized and forfeited.

15 ‘‘(2) APPLICABILITY OF LAWS.—

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (C), the laws described in subparagraph

18 (B) shall apply to seizures and forfeitures un19 dertaken, or alleged to have been undertaken,

20 under any provision of this section.

21 ‘‘(B) LAWS DESCRIBED.—The laws de22 scribed in this subparagraph are the laws relat23 ing to the seizure, summary, judicial forfeiture,

24 and condemnation of property for violation of

25 the customs laws, the disposition of the prop-
12

S 5 IS1S

1 erty or the proceeds from the sale thereof, the

2 remission or mitigation of the forfeitures, and

3 the compromise of claims.

4 ‘‘(C) EXECUTION OF DUTIES BY OFFICERS

5 AND AGENTS.—Any duty that is imposed upon

6 a customs officer or any other person with re7 spect to the seizure and forfeiture of property

8 under the customs laws shall be performed with

9 respect to a seizure or forfeiture of property

10 under this section by the officer, agent, or other

11 person that is authorized or designated for that

12 purpose.

13 ‘‘(3) IN REM LIABILITY.—A vessel that is used

14 in violation of this section shall, in addition to any

15 other liability prescribed under this subsection, be

16 liable in rem for any fine or civil penalty imposed

17 under this section.’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—

19 The analysis for chapter 109 of title 18, United States

20 Code, is amended by adding at the end the following:

‘‘2237. Sanctions for failure to heave to; sanctions for obstruction of boarding

or providing false information.’’.
13

S 5 IS1S

1 SEC. 1004. CIVIL PENALTIES TO SUPPORT MARITIME LAW

2 ENFORCEMENT.

3 (a) IN GENERAL.—Chapter 17 of title 14, United

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 675. Civil penalty for failure to comply with a law7 ful boarding, obstruction of boarding, or

8 providing false information

9 ‘‘(a) IN GENERAL.—Any person who violates section

10 2237(b) of title 18 shall be liable for a civil penalty of

11 not more than $25,000.

12 ‘‘(b) IN REM LIABILITY.—In addition to being sub13 ject to the liability under subsection (a), a vessel used to

14 violate an order relating to the boarding of a vessel issued

15 under the authority of section 2237 of title 18 shall be

16 liable in rem and may be seized, forfeited, and sold in ac17 cordance with section 594 of the Tariff Act of 1930 (19

18 U.S.C. 1594).’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

20 The analysis for chapter 17 of title 14, United States

21 Code, is amended by adding at the end the following:

‘‘675. Civil penalty for failure to comply with a lawful boarding, obstruction of

boarding, or providing false information.’’.

22 SEC. 1005. CUSTOMS ORDERS.

23 Section 581 of the Tariff Act of 1930 (19 U.S.C.

24 1581) is amended by adding at the end the following:
14

S 5 IS1S

1 ‘‘(i) AUTHORIZED PLACE DEFINED.—In this section,

2 the term ‘authorized place’ includes, with respect to a ves3 sel or vehicle, a location in a foreign country at which

4 United States customs officers are permitted to conduct

5 inspections, examinations, or searches.’’.

6 CHAPTER 3—SMUGGLING OF CONTRA7 BAND AND OTHER ILLEGAL PROD8 UCTS

9 SEC. 1006. SMUGGLING CONTRABAND AND OTHER GOODS

10 FROM THE UNITED STATES.

11 (a) IN GENERAL.—

12 (1) SMUGGLING GOODS FROM THE UNITED

13 STATES.—Chapter 27 of title 18, United States

14 Code, as amended by section 1002(a) of this title, is

15 amended by adding at the end the following:

16 ‘‘§ 555. Smuggling goods from the United States

17 ‘‘(a) UNITED STATES DEFINED.—In this section, the

18 term ‘United States’ has the meaning given that term in

19 section 545.

20 ‘‘(b) PENALTIES.—Whoever—

21 ‘‘(1) fraudulently or knowingly exports or sends

22 from the United States, or attempts to export or

23 send from the United States, any merchandise, arti24 cle, or object contrary to any law of the United
15

S 5 IS1S

1 States (including any regulation of the United

2 States); or

3 ‘‘(2) receives, conceals, buys, sells, or in any

4 manner facilitates the transportation, concealment,

5 or sale of that merchandise, article, or object, prior

6 to exportation, knowing that merchandise, article, or

7 object to be intended for exportation contrary to any

8 law of the United States,

9 shall be fined under this title, imprisoned not more than

10 5 years, or both.’’.

11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—The analysis for chapter 27 of title 18,

13 United States Code, is amended by adding at the

14 end the following:

‘‘555. Smuggling goods from the United States.’’.

15 (b) LAUNDERING OF MONETARY INSTRUMENTS.—

16 Section 1956(c)(7)(D) of title 18, United States Code, is

17 amended by inserting ‘‘section 555 (relating to smuggling

18 goods from the United States),’’ before ‘‘section 641 (re19 lating to public money, property, or records),’’.

20 (c) MERCHANDISE EXPORTED FROM UNITED

21 STATES.—Section 596 of the Tariff Act of 1930 (19

22 U.S.C. 1595a) is amended by adding at the end the follow23 ing:

24 ‘‘(d) MERCHANDISE EXPORTED FROM THE UNITED

25 STATES.—Merchandise exported or sent from the United
16

S 5 IS1S

1 States or attempted to be exported or sent from the

2 United States contrary to law, or the value thereof, and

3 property used to facilitate the receipt, purchase, transpor4 tation, concealment, or sale of that merchandise prior to

5 exportation shall be forfeited to the United States.’’.

6 SEC. 1007. CUSTOMS DUTIES.

7 (a) IN GENERAL.—Section 542 of title 18, United

8 States Code, is amended—

9 (1) in the section heading, by adding ‘‘theft,

10 embezzlement, or misapplication of du11 ties’’ at the end;

12 (2) by redesignating the fourth and fifth undes13 ignated paragraphs as subsections (b) and (c), re14 spectively;

15 (3) in the third undesignated paragraph—

16 (A) by striking ‘‘Shall be fined’’ and in17 serting the following:

18 ‘‘shall be fined’’; and

19 (B) by striking ‘‘two years’’ and inserting

20 ‘‘5 years’’;

21 (4) in the second undesignated paragraph—

22 (A) by striking ‘‘Whoever is guilty’’ and in23 serting the following:

24 ‘‘(2) is guilty’’; and
17

S 5 IS1S

1 (B) by striking ‘‘act or omission—’’ and

2 inserting ‘‘act or omission; or’’;

3 (5) in the first undesignated paragraph, by

4 striking ‘‘Whoever knowingly effects’’ and inserting

5 the following:

6 ‘‘(a) Whoever—

7 ‘‘(1) knowingly effects’’; and

8 (6) in subsection (a) (as so designated by para9 graph (5) of this subsection) by inserting after para10 graph (2) (as so designated by paragraph (4) of this

11 subsection) the following:

12 ‘‘(3) embezzles, steals, abstracts, purloins, will13 fully misapplies, willfully permits to be misapplied,

14 or wrongfully converts to his own use, or to the use

15 of another, moneys, funds, credits, assets, securities

16 or other property entrusted to his or her custody or

17 care, or to the custody or care of another for the

18 purpose of paying any lawful duties;’’.

19 (b) TECHNICAL AND CONFORMING AMENDMENT.—

20 The analysis for chapter 27 of title 18, United States

21 Code, is amended by striking the item relating to section

22 542 and inserting the following:

‘‘542. Entry of goods by means of false statements, theft, embezzlement, or

misapplication of duties.’’.
18

S 5 IS1S

1 SEC. 1008. FALSE CERTIFICATIONS RELATING TO EXPORTS.

2 (a) IN GENERAL.—Chapter 27 of title 18, United

3 States Code, as amended by section 1006(a) of this title,

4 is amended by adding at the end the following:

5 ‘‘§ 556. False certifications relating to exports

6 ‘‘Whoever knowingly transmits in interstate or for7 eign commerce any false or fraudulent certificate of origin,

8 invoice, declaration, affidavit, letter, paper, or statement

9 (whether written or otherwise), that represents explicitly

10 or implicitly that goods, wares, or merchandise to be ex11 ported qualify for purposes of any international trade

12 agreement to which the United States is a signatory shall

13 be fined under this title, imprisoned not more than 5

14 years, or both.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENT.—

16 The analysis for chapter 27 of title 18, United States

17 Code, is amended by adding at the end the following:

‘‘556. False certifications relating to exports.’’.

18 CHAPTER 4—DENYING SAFE HAVENS TO

19 INTERNATIONAL CRIMINALS

20 SEC. 1009. EXTRADITION FOR OFFENSES NOT COVERED BY

21 A LIST TREATY.

22 Chapter 209 of title 18, United States Code, is

23 amended by adding at the end the following:
19

S 5 IS1S

1 ‘‘§ 3197. Extradition for offenses not covered by a list

2 treaty

3 ‘‘(a) SERIOUS OFFENSE DEFINED.—In this section,

4 the term ‘serious offense’ means conduct that would be—

5 ‘‘(1) an offense described in any multilateral

6 treaty to which the United States is a party that ob7 ligates parties—

8 ‘‘(A) to extradite alleged offenders found

9 in the territory of the parties; or

10 ‘‘(B) submit the case to the competent au11 thorities of the parties for prosecution; or

12 ‘‘(2) conduct that, if that conduct occurred in

13 the United States, would constitute—

14 ‘‘(A) a crime of violence (as defined in sec15 tion 16);

16 ‘‘(B) the distribution, manufacture, impor17 tation or exportation of a controlled substance

18 (as defined in section 201 of the Controlled

19 Substances Act (21 U.S.C. 802));

20 ‘‘(C) bribery of a public official; misappro21 priation, embezzlement or theft of public funds

22 by or for the benefit of a public official;

23 ‘‘(D) obstruction of justice, including pay24 ment of bribes to jurors or witnesses;

25 ‘‘(E) the laundering of monetary instru26 ments, as described in section 1956, if the value
20

S 5 IS1S

1 of the monetary instruments involved exceeds

2 $100,000;

3 ‘‘(F) fraud, theft, embezzlement, or com4 mercial bribery if the aggregate value of prop5 erty that is the object of all of the offenses re6 lated to the conduct exceeds $100,000;

7 ‘‘(G) counterfeiting, if the obligations, se8 curities or other items counterfeited, have an

9 apparent value that exceeds $100,000;

10 ‘‘(H) a conspiracy or attempt to commit

11 any of the offenses described in any of subpara12 graphs (A) through (G), or aiding and abetting

13 a person who commits any such offense; or

14 ‘‘(I) a crime against children under chap15 ter 109A or section 2251, 2251A, 2252, or

16 2252A.

17 ‘‘(b) AUTHORIZATION OF FILING.—

18 ‘‘(1) IN GENERAL.—If a foreign government

19 makes a request for the extradition of a person who

20 is charged with or has been convicted of an offense

21 within the jurisdiction of that foreign government,

22 and an extradition treaty between the United States

23 and the foreign government is in force, but the trea24 ty does not provide for extradition for the offense

25 with which the person has been charged or for which
21

S 5 IS1S

1 the person has been convicted, the Attorney General

2 may authorize the filing of a complaint for extra3 dition pursuant to subsections (c) and (d).

4 ‘‘(2) FILING OF COMPLAINTS.—

5 ‘‘(A) IN GENERAL.—A complaint author6 ized under paragraph (1) shall be filed pursu7 ant to section 3184.

8 ‘‘(B) PROCEDURES.—With respect to a

9 complaint filed under paragraph (1), the proce10 dures contained in sections 3184 and 3186 and

11 the terms of the relevant extradition treaty

12 shall apply as if the offense were a crime pro13 vided for by the treaty, in a manner consistent

14 with section 3184.

15 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM16 PLAINTS.—

17 ‘‘(1) IN GENERAL.—The Attorney General may

18 authorize the filing of a complaint under subsection

19 (b) only upon a certification—

20 ‘‘(A) by the Attorney General, that in the

21 judgment of the Attorney General—

22 ‘‘(i) the offense for which extradition

23 is sought is a serious offense; and

24 ‘‘(ii) submission of the extradition re25 quest would be important to the law en-
22

S 5 IS1S

1 forcement interests of the United States or

2 otherwise in the interests of justice; and

3 ‘‘(B) by the Secretary of State, that in the

4 judgment of the Secretary of State, submission

5 of the request would be consistent with the for6 eign policy interests of the United States.

7 ‘‘(2) FACTORS FOR CONSIDERATION.—In mak8 ing any certification under paragraph (1)(B), the

9 Secretary of State may consider whether the facts

10 and circumstances of the request then known appear

11 likely to present any significant impediment to the

12 ultimate surrender of the person who is the subject

13 of the request for extradition, if that person is found

14 to be extraditable.

15 ‘‘(d) CASES OF URGENCY.—

16 ‘‘(1) IN GENERAL.—In any case of urgency, the

17 Attorney General may, with the concurrence of the

18 Secretary of State and before any formal certifi19 cation under subsection (c), authorize the filing of a

20 complaint seeking the provisional arrest and deten21 tion of the person sought for extradition before the

22 receipt of documents or other proof in support of the

23 request for extradition.

24 ‘‘(2) APPLICABILITY OF RELEVANT TREATY.—

25 With respect to a case described in paragraph (1),
23

S 5 IS1S

1 a provision regarding provisional arrest in the rel2 evant treaty shall apply.

3 ‘‘(3) FILING AND EFFECT OF FILING OF COM4 PLAINTS.—

5 ‘‘(A) IN GENERAL.—A complaint author6 ized under this subsection shall be filed in the

7 same manner as provided in section 3184.

8 ‘‘(B) ISSUANCE OF ORDERS.—Upon the fil9 ing of a complaint under this subsection, the

10 appropriate judicial officer may issue an order

11 for the provisional arrest and detention of the

12 person as provided in section 3184.

13 ‘‘(e) CONDITIONS OF SURRENDER; ASSURANCES.—

14 ‘‘(1) IN GENERAL.—Before issuing a warrant of

15 surrender under section 3184 or 3186, the Secretary

16 of State may—

17 ‘‘(A) impose conditions upon the surrender

18 of the person that is the subject of the warrant;

19 and

20 ‘‘(B) require those assurances of compli21 ance with those conditions, as are determined

22 by the Secretary to be appropriate.

23 ‘‘(2) ADDITIONAL ASSURANCES.—

24 ‘‘(A) IN GENERAL.—In addition to impos25 ing conditions and requiring assurances under
24

S 5 IS1S

1 paragraph (1), the Secretary of State shall de2 mand, as a condition of the extradition of the

3 person in every case, an assurance described in

4 subparagraph (B) that the Secretary deter5 mines to be satisfactory.

6 ‘‘(B) DESCRIPTION OF ASSURANCES.—An

7 assurance described in this subparagraph is an

8 assurance that the person that is sought for ex9 tradition shall not be tried or punished for an

10 offense other than that for which the person

11 has been extradited, absent the consent of the

12 United States.’’.

13 SEC. 1010. EXTRADITION ABSENT A TREATY.

14 Chapter 209 of title 18, United States Code, as

15 amended by section 1009 of this title, is amended by add16 ing at the end the following:

17 ‘‘§ 3198. Extradition absent a treaty

18 ‘‘(a) SERIOUS OFFENSE DEFINED.—In this section,

19 the term ‘serious offense’ has the meaning given that term

20 in section 3197(a).

21 ‘‘(b) AUTHORIZATION OF FILING.—

22 ‘‘(1) IN GENERAL.—If a foreign government

23 makes a request for the extradition of a person who

24 is charged with or has been convicted of an offense

25 within the jurisdiction of that foreign government,
25

S 5 IS1S

1 and no extradition treaty is in force between the

2 United States and the foreign government, the At3 torney General may authorize the filing of a com4 plaint for extradition pursuant to subsections (c)

5 and (d).

6 ‘‘(2) FILING AND TREATMENT OF COM7 PLAINTS.—

8 ‘‘(A) IN GENERAL.—A complaint author9 ized under paragraph (1) shall be filed pursu10 ant to section 3184.

11 ‘‘(B) PROCEDURES.—With respect to a

12 complaint filed under paragraph (1), procedures

13 of sections 3184 and 3186 shall be followed as

14 if the offense were a ‘crime provided for by

15 such treaty’ as described in section 3184.

16 ‘‘(c) CRITERIA FOR AUTHORIZATION OF COM17 PLAINTS.—The Attorney General may authorize the filing

18 of a complaint described in subsection (b) only upon a

19 certification—

20 ‘‘(1) by the Attorney General, that in the judg21 ment of the Attorney General—

22 ‘‘(A) the offense for which extradition is

23 sought is a serious offense; and

24 ‘‘(B) submission of the extradition request

25 would be important to the law enforcement in-
26

S 5 IS1S

1 terests of the United States or otherwise in the

2 interests of justice; and

3 ‘‘(2) by the Secretary of State, that in the judg4 ment of the certifying official, based on information

5 then known—

6 ‘‘(A) submission of the request would be

7 consistent with the foreign policy interests of

8 the United States;

9 ‘‘(B) the facts and circumstances of the re10 quest, including humanitarian considerations,

11 do not appear likely to present a significant im12 pediment to the ultimate surrender of the per13 son if found extraditable; and

14 ‘‘(C) the foreign government submitting

15 the request is not submitting the request in

16 order to try or punish the person sought for ex17 tradition primarily on the basis of the race, reli18 gion, nationality, or political opinions of that

19 person.

20 ‘‘(d) LIMITATIONS ON DELEGATION.—

21 ‘‘(1) DELEGATION BY ATTORNEY GENERAL.—

22 The authorities and responsibilities of the Attorney

23 General under subsection (c) may be delegated only

24 to the Deputy Attorney General.
27

S 5 IS1S

1 ‘‘(2) DELEGATION.—The authorities and re2 sponsibilities of the Secretary of State set forth in

3 this subsection may be delegated only to the Deputy

4 Secretary of State.

5 ‘‘(e) CASES OF URGENCY.—

6 ‘‘(1) IN GENERAL.—In any case of urgency, the

7 Attorney General may, with the concurrence of the

8 Secretary of State and before any formal certifi9 cation under subsection (c), authorize the filing of a

10 complaint seeking the provisional arrest and deten11 tion of the person sought for extradition before the

12 receipt of documents or other proof in support of the

13 request for extradition.

14 ‘‘(2) FILING OF COMPLAINTS; ORDER BY JUDI15 CIAL OFFICER.—

16 ‘‘(A) FILING.—A complaint filed under

17 this subsection shall be filed in the same man18 ner as provided in section 3184.

19 ‘‘(B) ORDERS.—Upon the filing of a com20 plaint under subparagraph (A), the appropriate

21 judicial officer may issue an order for the provi22 sional arrest and detention of the person.

23 ‘‘(C) RELEASES.—If, not later than 45

24 days after the arrest, the formal request for ex25 tradition and documents in support of that are
28

S 5 IS1S

1 not received by the Department of State, the

2 appropriate judicial officer may order that a

3 person detained pursuant to this subsection be

4 released from custody.

5 ‘‘(f) HEARINGS.—

6 ‘‘(1) IN GENERAL.—Subject to subsection (h),

7 upon the filing of a complaint for extradition and re8 ceipt of documents or other proof in support of the

9 request of a foreign government for extradition, the

10 appropriate judicial officer shall hold a hearing to

11 determine whether the person sought for extradition

12 is extraditable.

13 ‘‘(2) CRITERIA FOR EXTRADITION.—Subject to

14 subsection (g) in a hearing conducted under para15 graph (1), the judicial officer shall find a person ex16 traditable if the officer finds—

17 ‘‘(A) probable cause to believe that the

18 person before the judicial officer is the person

19 sought in the foreign country of the requesting

20 foreign government;

21 ‘‘(B) probable cause to believe that the

22 person before the judicial officer committed the

23 offense for which that person is sought, or was

24 duly convicted of that offense in the foreign

25 country of the requesting foreign government;
29

S 5 IS1S

1 ‘‘(C) that the conduct upon which the re2 quest for extradition is based, if that conduct

3 occurred within the United States, would be a

4 serious offense punishable by imprisonment for

5 more than 10 years under the laws of—

6 ‘‘(i) the United States;

7 ‘‘(ii) the majority of the States in the

8 United States; or

9 ‘‘(iii) of the State in which the fugi10 tive is found; and

11 ‘‘(D) no defense to extradition under sub12 section (f) has been established.

13 ‘‘(g) LIMITATION OF EXTRADITION.—

14 ‘‘(1) IN GENERAL.—A judicial officer shall not

15 find a person extraditable under this section if the

16 person has established that the offense for which ex17 tradition is sought is—

18 ‘‘(A) an offense for which the person is

19 being proceeded against, or has been tried or

20 punished, in the United States; or

21 ‘‘(B) a political offense.

22 ‘‘(2) POLITICAL OFFENSES.—For purposes of

23 this section, a political offense does not include—

24 ‘‘(A) a murder or other violent crime

25 against the person of a head of state of a for-
30

S 5 IS1S

1 eign state, or of a member of the family of the

2 head of state;

3 ‘‘(B) an offense for which both the United

4 States and the requesting foreign government

5 have the obligation pursuant to a multilateral

6 international agreement to—

7 ‘‘(i) extradite the person sought; or

8 ‘‘(ii) submit the case to the competent

9 authorities for decision as to prosecution;

10 or

11 ‘‘(C) a conspiracy or attempt to commit

12 any of the offenses referred to in subparagraph

13 (A) or (B), or aiding or abetting a person who

14 commits or attempts to commit any such of15 fenses.

16 ‘‘(h) LIMITATIONS ON FACTORS FOR CONSIDERATION

17 AT HEARINGS.—

18 ‘‘(1) IN GENERAL.—At a hearing conducted

19 under subsection (a), the judicial officer conducting

20 the hearing shall not consider issues regarding—

21 ‘‘(A) humanitarian concerns;

22 ‘‘(B) the nature of the judicial system of

23 the requesting foreign government; and

24 ‘‘(C) whether the foreign government is

25 seeking extradition of a person for the purpose
31

S 5 IS1S

1 of prosecuting or punishing the person because

2 of the race, religion, nationality or political

3 opinions of that person.

4 ‘‘(2) CONSIDERATION BY SECRETARY OF

5 STATE.—The issues referred to in paragraph (1)

6 shall be reserved for consideration exclusively by the

7 Secretary of State as described in subsection (c)(2).

8 ‘‘(3) ADDITIONAL CONSIDERATION.—Notwith9 standing the certification requirements described in

10 subsection (c)(2), the Secretary of State may, within

11 the sole discretion of the Secretary—

12 ‘‘(A) in addition to considering the issues

13 referred to in paragraph (1) for purposes of

14 certifying the filing of a complaint under this

15 section, consider those issues again in exercis16 ing authority to surrender the person sought

17 for extradition in carrying out the procedures

18 under section 3184 and 3186; and

19 ‘‘(B) impose conditions on surrender in20 cluding those provided in subsection (i).

21 ‘‘(i) CONDITIONS OF SURRENDER; ASSURANCES.—

22 ‘‘(1) IN GENERAL.—The Secretary of State

23 may—
32

S 5 IS1S

1 ‘‘(A) impose conditions upon the surrender

2 of a person sought for extradition under this

3 section; and

4 ‘‘(B) require such assurances of compli5 ance with those conditions, as the Secretary de6 termines to be appropriate.

7 ‘‘(2) ADDITIONAL ASSURANCES.—In addition to

8 imposing conditions and requiring assurances under

9 paragraph (1), the Secretary shall demand, as a con10 dition of the extradition of the person that is sought

11 for extradition—

12 ‘‘(A) in every case, an assurance the Sec13 retary determines to be satisfactory that the

14 person shall not be tried or punished for an of15 fense other than the offense for which the per16 son has been extradited, absent the consent of

17 the United States; and

18 ‘‘(B) in a case in which the offense for

19 which extradition is sought is punishable by

20 death in the foreign country of the requesting

21 foreign government and is not so punishable

22 under the applicable laws in the United States,

23 an assurance the Secretary determines to be

24 satisfactory that the death penalty—

25 ‘‘(i) shall not be imposed; or
33

S 5 IS1S

1 ‘‘(ii) if imposed, shall not be carried

2 out.’’.

3 SEC. 1011. TECHNICAL AND CONFORMING AMENDMENTS.

4 (a) IN GENERAL.—Chapter 309 of title 18, United

5 States Code, is amended—

6 (1) in section 3181, by inserting ‘‘, other than

7 sections 3197 and 3198,’’ after ‘‘The provisions of

8 this chapter’’ each place that term appears; and

9 (2) in section 3186, by striking ‘‘or 3185’’ and

10 inserting ‘‘, 3185, 3197 or 3198’’.

11 (b) CHAPTER ANALYSIS.—The analysis for chapter

12 209 of title 18, United States Code, is amended by adding

13 at the end the following:

‘‘3197. Extradition for offenses not covered by a list treaty.

‘‘3198. Extradition absent a treaty.’’.

14 SEC. 1012. TEMPORARY TRANSFER OF PERSONS IN CUS15 TODY FOR PROSECUTION.

16 (a) IN GENERAL.—Chapter 306 of title 18, United

17 States Code, is amended by adding at the end the follow18 ing:

19 ‘‘§ 4116. Temporary transfer for prosecution

20 ‘‘(a) STATE DEFINED.—In this section, the term

21 ‘State’ includes a State of the United States, the District

22 of Columbia, and a commonwealth, territory, or possession

23 of the United States.
34

S 5 IS1S

1 ‘‘(b) AUTHORITY OF ATTORNEY GENERAL WITH RE2 SPECT TO TEMPORARY TRANSFERS.—

3 ‘‘(1) IN GENERAL.—Subject to subsection (d),

4 if a person is in pretrial detention or is otherwise

5 being held in custody in a foreign country based

6 upon a violation of the law in that foreign country,

7 and that person is found extraditable to the United

8 States by the competent authorities of that foreign

9 country while still in the pretrial detention or cus10 tody, the Attorney General shall have the

11 authority—

12 ‘‘(A) to request the temporary transfer of

13 that person to the United States in order to

14 face prosecution in a Federal or State criminal

15 proceeding;

16 ‘‘(B) to maintain the custody of that per17 son while the person is in the United States;

18 and

19 ‘‘(C) to return that person to the foreign

20 country at the conclusion of the criminal pros21 ecution, including any imposition of sentence.

22 ‘‘(2) REQUIREMENTS FOR REQUESTS BY AT23 TORNEY GENERAL.—The Attorney General shall

24 make a request under paragraph (1) only if the At25 torney General determines, after consultation with
35

S 5 IS1S

1 the Secretary of State, that the return of that per2 son to the foreign country in question would be con3 sistent with international obligations of the United

4 States.

5 ‘‘(c) AUTHORITY OF ATTORNEY GENERAL WITH RE6 SPECT TO PRETRIAL DETENTIONS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) AUTHORITY OF ATTORNEY GEN9 ERAL.—Subject to paragraph (2) and sub10 section (d), the Attorney General shall have the

11 authority to carry out the actions described in

12 subparagraph (B), if—

13 ‘‘(i) a person is in pretrial detention

14 or is otherwise being held in custody in the

15 United States based upon a violation of

16 Federal or State law, and that person is

17 found extraditable to a foreign country

18 while still in the pretrial detention or cus19 tody pursuant to section 3184, 3197, or

20 3198; and

21 ‘‘(ii) a determination is made by the

22 Secretary of State and the Attorney Gen23 eral that the person will be surrendered.
36

S 5 IS1S

1 ‘‘(B) ACTIONS.—If the conditions de2 scribed in subparagraph (A) are met, the Attor3 ney General shall have the authority to—

4 ‘‘(i) temporarily transfer the person

5 described in subparagraph (A) to the for6 eign country of the foreign government re7 questing the extradition of that person in

8 order to face prosecution;

9 ‘‘(ii) transport that person from the

10 United States in custody; and

11 ‘‘(iii) return that person in custody to

12 the United States from the foreign coun13 try.

14 ‘‘(2) CONSENT BY STATE AUTHORITIES.—If the

15 person is being held in custody for a violation of

16 State law, the Attorney General may exercise the au17 thority described in paragraph (1) if the appropriate

18 State authorities give their consent to the Attorney

19 General.

20 ‘‘(3) CRITERION FOR REQUEST.—The Attorney

21 General shall make a request under paragraph (1)

22 only if the Attorney General determines, after con23 sultation with the Secretary of State, that the return

24 of the person sought for extradition to the foreign

25 country of the foreign government requesting the ex-
37

S 5 IS1S

1 tradition would be consistent with United States

2 international obligations.

3 ‘‘(4) EFFECT OF TEMPORARY TRANSFER.—

4 With regard to any person in pretrial detention—

5 ‘‘(A) a temporary transfer under this sub6 section shall result in an interruption in the

7 pretrial detention status of that person; and

8 ‘‘(B) the right to challenge the conditions

9 of confinement pursuant to section 3142(f) does

10 not extend to the right to challenge the condi11 tions of confinement in a foreign country while

12 in that foreign country temporarily under this

13 subsection.

14 ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR FIND15 ING OF WHETHER A PERSON IS EXTRADITABLE.—The

16 Attorney General may exercise the authority described in

17 subsections (b) and (c) absent a prior finding that the per18 son in custody is extraditable, if the person, any appro19 priate State authorities in a case under subsection (c), and

20 the requesting foreign government give their consent to

21 waive that requirement.

22 ‘‘(e) RETURN OF PERSONS.—

23 ‘‘(1) IN GENERAL.—If the temporary transfer

24 to or from the United States of a person in custody

25 for the purpose of prosecution is provided for by this
38

S 5 IS1S

1 section, that person shall be returned to the United

2 States or to the foreign country from which the per3 son is transferred on completion of the proceedings

4 upon which the transfer was based.

5 ‘‘(2) STATUTORY INTERPRETATION WITH RE6 SPECT TO IMMIGRATION LAWS.—In no event shall

7 the return of a person under paragraph (1) require

8 extradition proceedings or proceedings under the im9 migration laws.

10 ‘‘(3) CERTAIN RIGHTS AND REMEDIES

11 BARRED.—Notwithstanding any other provision of

12 law, a person temporarily transferred to the United

13 States pursuant to this section shall not be entitled

14 to apply for or obtain any right or remedy under the

15 Immigration and Nationality Act (8 U.S.C. 1101 et

16 seq.), including the right to apply for or be granted

17 asylum or withholding of deportation.’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—

19 The analysis for chapter 306 of title 18, United States

20 Code, is amended by adding at the end the following:

‘‘4116. Temporary transfer for prosecution.’’.

21 SEC. 1013. PROHIBITING FUGITIVES FROM BENEFITING

22 FROM FUGITIVE STATUS.

23 (a) IN GENERAL.—Chapter 163 of title 28, United

24 States Code, is amended by adding at the end the follow25 ing:
39

S 5 IS1S

1 ‘‘§ 2466. Fugitive disentitlement

2 ‘‘A person may not use the resources of the courts

3 of the United States in furtherance of a claim in any relat4 ed civil forfeiture action or a claim in third party proceed5 ings in any related criminal forfeiture action if that

6 person—

7 ‘‘(1) purposely leaves the jurisdiction of the

8 United States;

9 ‘‘(2) declines to enter or reenter the United

10 States to submit to its jurisdiction; or

11 ‘‘(3) otherwise evades the jurisdiction of the

12 court in which a criminal case is pending against the

13 person.’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENT.—

15 The analysis for chapter 163 of title 28, United States

16 Code, is amended by adding at the end the following:

‘‘2466. Fugitive disentitlement.’’.

17 SEC. 1014. TRANSFER OF FOREIGN PRISONERS TO SERVE

18 SENTENCES IN COUNTRY OF ORIGIN.

19 Section 4100(b) of title 18, United States Code, is

20 amended in the third sentence by inserting ‘‘, unless other21 wise provided by treaty,’’ before ‘‘an offender’’.
40

S 5 IS1S

1 SEC. 1015. TRANSIT OF FUGITIVES FOR PROSECUTION IN

2 FOREIGN COUNTRIES.

3 (a) IN GENERAL.—Chapter 305 of title 18, United

4 States Code, is amended by adding at the end the follow5 ing:

6 ‘‘§ 4087. Transit through the United States of persons

7 wanted in a foreign country

8 ‘‘(a) IN GENERAL.—The Attorney General may, in

9 consultation with the Secretary of State, permit the tem10 porary transit through the United States of a person

11 wanted for prosecution or imposition of sentence in a for12 eign country.

13 ‘‘(b) LIMITATION ON JUDICIAL REVIEW.—A deter14 mination by the Attorney General to permit or not to per15 mit a temporary transit described in subsection (a) shall

16 not be subject to judicial review.

17 ‘‘(c) CUSTODY.—If the Attorney General permits a

18 temporary transit under subsection (a), Federal law en19 forcement personnel may hold the person subject to that

20 transit in custody during the transit of the person through

21 the United States.

22 ‘‘(d) CONDITIONS APPLICABLE TO PERSONS SUB23 JECT TO TEMPORARY TRANSIT.—Notwithstanding any

24 other provision of law, a person who is subject to a tem25 porary transit through the United States under this sec26 tion shall—
41

S 5 IS1S

1 ‘‘(1) be required to have only such documents

2 as the Attorney General shall require;

3 ‘‘(2) not be considered to be admitted or pa4 roled into the United States; and

5 ‘‘(3) not be entitled to apply for or obtain any

6 right or remedy under the Immigration and Nation7 ality Act (8 U.S.C. 1101 et seq.), including the right

8 to apply for or be granted asylum or withholding of

9 deportation.’’.

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—

11 The analysis for chapter 305 of title 18, United States

12 Code, is amended by adding at the end the following:

‘‘4087. Transit through the United States of persons wanted in a foreign country.’’.

13 CHAPTER 5—SEIZING AND FORFEITING

14 ASSETS OF INTERNATIONAL CRIMINALS

15 SEC. 1016. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI16 MONEY LAUNDERING ORDERS.

17 (a) REPORTING VIOLATIONS.—Section 5324(a) of

18 title 31, United States Code, is amended—

19 (1) in the matter preceding paragraph (1), by

20 inserting ‘‘, or the reporting requirements imposed

21 by an order issued pursuant to section 5326’’ after

22 ‘‘any such section’’; and

23 (2) in each of paragraphs (1) and (2), by in24 serting ‘‘, or a report required under any order
42

S 5 IS1S

1 issued pursuant to section 5326’’ before the semi2 colon.

3 (b) PENALTIES.—Sections 5321(a)(1), 5322(a), and

4 5322(b) of title 31, United States Code, are each amended

5 by inserting ‘‘or order issued’’ after ‘‘or a regulation pre6 scribed’’ each place that term appears.

7 SEC. 1017. CRACKING DOWN ON ILLEGAL MONEY TRANS8 MITTING BUSINESSES.

9 Section 1960 of title 18, United States Code, is

10 amended by adding at the end the following:

11 ‘‘(c) SCIENTER REQUIREMENT.—For the purposes of

12 proving a violation of this section involving an illegal

13 money transmitting business (as defined in subsection

14 (b)(1)(A))—

15 ‘‘(1) it shall be sufficient for the government to

16 prove that the defendant knew that the money trans17 mitting business lacked a license required by State

18 law; and

19 ‘‘(2) it shall not be necessary to show that the

20 defendant knew that the operation of such a busi21 ness without the required license was an offense

22 punishable as a felony or misdemeanor under State

23 law.’’.
43

S 5 IS1S

1 SEC. 1018. EXPANDING CIVIL MONEY LAUNDERING LAWS

2 TO REACH FOREIGN PERSONS.

3 Section 1956(b) of title 18, United States Code, is

4 amended—

5 (1) by redesignating paragraphs (1) and (2) as

6 subparagraphs (A) and (B), respectively;

7 (2) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

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

9 ‘‘(2) For purposes of adjudicating an action filed or

10 enforcing a penalty ordered under this section, the district

11 courts shall have jurisdiction over any foreign person, in12 cluding any financial institution registered in a foreign

13 country, that commits an offense under subsection (a) in14 volving a financial transaction that occurs in whole or in

15 part in the United States, if service of process upon the

16 foreign person is made in accordance with the Federal

17 Rules of Civil Procedure or the law of the foreign country

18 in which the foreign person is found.

19 ‘‘(3) The court may issue a pretrial restraining order

20 or take any other action necessary to ensure that any bank

21 account or other property held by the defendant in the

22 United States is available to satisfy a judgment under this

23 section.’’.
44

S 5 IS1S

1 SEC. 1019. PUNISHMENT OF MONEY LAUNDERING

2 THROUGH FOREIGN BANKS.

3 Section 1956(c)(6) of title 18, United States Code,

4 is amended to read as follows:

5 ‘‘(6) the term ‘financial institution’ includes any

6 financial institution described in section 5312(a)(2)

7 of title 31, United States Code, or the regulations

8 promulgated thereunder, as well as any foreign bank

9 (as defined in section 1(b)(7) of the International

10 Banking Act of 1978 (12 U.S.C. 3101(7));’’.

11 SEC. 1021. AUTHORITY TO ORDER CONVICTED CRIMINALS

12 TO RETURN PROPERTY LOCATED ABROAD.

13 (a) ORDER OF FORFEITURE.—Section 413(p) of the

14 Controlled Substances Act (21 U.S.C. 853(p)) is amended

15 by adding at the end the following: ‘‘In the case of prop16 erty described in paragraph (3), the court may, in addi17 tion, order the defendant to return the property to the

18 jurisdiction of the court so that the property may be seized

19 and forfeited.’’.

20 (b) PRETRIAL RESTRAINING ORDER.—Section

21 413(e) of the Controlled Substances Act (21 U.S.C.

22 853(e)) is amended by inserting after paragraph (3) the

23 following:

24 ‘‘(4)(A) Pursuant to its authority to enter a

25 pretrial restraining order under this section, includ26 ing its authority to restrain any property forfeitable
45

S 5 IS1S

1 as substitute assets, the court may also order the de2 fendant to repatriate any property subject to forfeit3 ure pending trial, and to deposit that property in the

4 registry of the court, or with the United States Mar5 shals Service or the Secretary of the Treasury, in an

6 interest-bearing account.

7 ‘‘(B) Failure to comply with an order under

8 this subsection, or an order to repatriate property

9 under subsection (p), shall be punishable as a civil

10 or criminal contempt of court, and may also result

11 in an enhancement of the sentence for the offense

12 giving rise to the forfeiture under the obstruction of

13 justice provision of section 3C1.1 of the Federal

14 Sentencing Guidelines.’’.

15 SEC. 1022. ADMINISTRATIVE SUMMONS AUTHORITY UNDER

16 THE BANK SECRECY ACT.

17 Section 5318(b) of title 31, United States Code, is

18 amended by striking paragraph (1) and inserting the fol19 lowing:

20 ‘‘(1) SCOPE OF POWER.—The Secretary of the

21 Treasury may take any action described in para22 graph (3) or (4) of subsection (a) for the purpose

23 of—
46

S 5 IS1S

1 ‘‘(A) determining compliance with the rules

2 of this subchapter or any regulation issued

3 under this subchapter; or

4 ‘‘(B) civil enforcement of violations of this

5 subchapter, section 21 of the Federal Deposit

6 Insurance Act, section 411 of the National

7 Housing Act, or chapter 2 of Public Law 91–

8 508 (12 U.S.C. 1951 et seq.), or any regulation

9 issued under any such provision.’’.

10 SEC. 1023. EXEMPTING FINANCIAL ENFORCEMENT DATA

11 FROM UNNECESSARY DISCLOSURE.

12 (a) IEEPA.—Section 203 of the International Emer13 gency Economic Powers Act (50 U.S.C. 1702(a)) is

14 amended—

15 (1) by redesignating paragraph (3) as para16 graph (4); and

17 (2) by inserting after paragraph (2) the follow18 ing:

19 ‘‘(3) EXEMPTIONS FROM DISCLOSURE.—Infor20 mation obtained under this title before or after the

21 enactment of this section may be withheld only to

22 the extent permitted by statute, except that informa23 tion submitted, obtained, or considered in connection

24 with any transaction prohibited under this title, in25 cluding license applications, licenses or other author-
47

S 5 IS1S

1 izations, information or evidence obtained in the

2 course of any investigation, and information ob3 tained or furnished under this title in connection

4 with international agreements, treaties, or obliga5 tions shall be withheld from public disclosure, and

6 shall not be subject to disclosure under section 552

7 of title 5, United States Code, unless the release of

8 the information is determined by the President to be

9 in the national interest.’’.

10 (b) TRADING WITH THE ENEMY ACT.—Section 5(b)

11 of the Trading with the Enemy Act of 1917 (50 U.S.C.

12 App. 5(b)) is amended—

13 (1) by redesignating paragraphs (2), (3), and

14 (4) as paragraphs (3), (4), and (5), respectively; and

15 (2) by inserting after paragraph (1) the follow16 ing:

17 ‘‘(2) EXEMPTIONS FROM DISCLOSURE.—Infor18 mation obtained under this title before or after the

19 enactment of this section may be withheld only to

20 the extent permitted by statute, except that informa21 tion submitted, obtained, or considered in connection

22 with any transaction prohibited under this title, in23 cluding license applications, licenses or other author24 izations, information or evidence obtained in the

25 course of any investigation, and information ob-
48

S 5 IS1S

1 tained or furnished under this title in connection

2 with international agreements, treaties, or obliga3 tions shall be withheld from public disclosure, and

4 shall not be subject to disclosure under section 552

5 of title 5, United States Code, unless the release of

6 the information is determined by the President to be

7 in the national interest.’’.

8 SEC. 1024. CRIMINAL AND CIVIL PENALTIES UNDER THE

9 INTERNATIONAL EMERGENCY ECONOMIC

10 POWERS ACT.

11 (a) INCREASED CIVIL PENALTY.—Section 206(a) of

12 the International Emergency Economic Powers Act (50

13 U.S.C. 1705(a)), is amended by striking ‘‘$10,000’’ and

14 inserting ‘‘$50,000’’.

15 (b) INCREASED CRIMINAL FINE.—Section 206(b) of

16 the International Emergency Economic Powers Act (50

17 U.S.C. 1705(b)), is amended to read as follows:

18 ‘‘(b) Whoever willfully violates any license, order, or

19 regulation issued under this chapter shall be fined not

20 more that $1,000,000 if an organization (as defined in

21 section 18 of title 18, United States Code), and not more

22 than $250,000, imprisoned not more that 10 years, or

23 both, if an individual.’’.
49

S 5 IS1S

1 SEC. 1025. ATTEMPTED VIOLATIONS OF THE TRADING WITH

2 THE ENEMY ACT.

3 Section 16 of the Trading with the Enemy Act (50

4 U.S.C. App. 16) is amended—

5 (1) in subsection (a), by inserting ‘‘or attempt

6 to violate’’ after ‘‘violate’’ each time it appears; and

7 (2) in subsection (b)(1), by inserting ‘‘or at8 tempts to violate’’ after ‘‘violates’’.

9 SEC. 1026. JURISDICTION OVER CERTAIN FINANCIAL

10 CRIMES COMMITTED ABROAD.

11 Section 1029 of title 18, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(h) JURISDICTION OVER CERTAIN FINANCIAL

14 CRIMES COMMITTED ABROAD.—Any person who, outside

15 the jurisdiction of the United States, engages in any act

16 that, if committed within the jurisdiction of the United

17 States, would constitute an offense under subsection (a)

18 or (b), shall be subject to the same penalties as if that

19 offense had been committed in the United States, if the

20 act—

21 ‘‘(1) involves an access device issued, owned,

22 managed, or controlled by a financial institution, ac23 count issuer, credit card system member, or other

24 entity within the jurisdiction of the United States;

25 and
50

S 5 IS1S

1 ‘‘(2) causes, or if completed would have caused,

2 a transfer of funds from or a loss to an entity listed

3 in paragraph (1).’’.

4 CHAPTER 6—PROMOTING GLOBAL CO5 OPERATION IN THE FIGHT AGAINST

6 INTERNATIONAL CRIME

7 SEC. 1027. STREAMLINED PROCEDURES FOR EXECUTION

8 OF MLAT REQUESTS.

9 (a) IN GENERAL.—Chapter 117 of title 28, United

10 States Code, is amended by adding at the end the follow11 ing:

12 ‘‘§ 1790. Assistance to foreign authorities

13 ‘‘(a) IN GENERAL.—

14 ‘‘(1) PRESENTATION OF REQUESTS.—The At15 torney General may present a request made by a

16 foreign government for assistance with respect to a

17 foreign investigation, prosecution, or proceeding re18 garding a criminal matter pursuant to a treaty, con19 vention, or executive agreement for mutual legal as20 sistance between the United States and that govern21 ment or in accordance with section 1782, the execu22 tion of which requires or appears to require the use

23 of compulsory measures in more than 1 judicial dis24 trict, to a judge or judge magistrate of—
51

S 5 IS1S

1 ‘‘(A) any 1 of the districts in which per2 sons who may be required to appear to testify

3 or produce evidence or information reside or are

4 found, or in which evidence or information to

5 be produced is located; or

6 ‘‘(B) the United States District Court for

7 the District of Columbia.

8 ‘‘(2) AUTHORITY OF COURT.—A judge or judge

9 magistrate to whom a request for assistance is pre10 sented under paragraph (1) shall have the authority

11 to issue those orders necessary to execute the re12 quest including orders appointing a person to direct

13 the taking of testimony or statements and the pro14 duction of evidence or information, of whatever na15 ture and in whatever form, in execution of the re16 quest.

17 ‘‘(b) AUTHORITY OF APPOINTED PERSONS.—A per18 son appointed under subsection (a)(2) shall have the au19 thority to—

20 ‘‘(1) issue orders for the taking of testimony or

21 statements and the production of evidence or infor22 mation, which orders may be served at any place

23 within the United States;

24 ‘‘(2) administer any necessary oath; and
52

S 5 IS1S

1 ‘‘(3) take testimony or statements and receive

2 evidence and information.

3 ‘‘(c) PERSONS ORDERED TO APPEAR.—A person or4 dered pursuant to subsection (b)(1) to appear outside the

5 district in which that person resides or is found may, not

6 later than 10 days after receipt of the order—

7 ‘‘(1) file with the judge or judge magistrate who

8 authorized execution of the request a motion to ap9 pear in the district in which that person resides or

10 is found or in which the evidence or information is

11 located; or

12 ‘‘(2) provide written notice, requesting appear13 ance in the district in which the person resides or

14 is found or in which the evidence or information is

15 located, to the person issuing the order to appear,

16 who shall advise the judge or judge magistrate au17 thorizing execution.

18 ‘‘(d) TRANSFER OF REQUESTS.—

19 ‘‘(1) IN GENERAL.—The judge or judge mag20 istrate may transfer a request under subsection (c),

21 or that portion requiring the appearance of that per22 son, to the other district if—

23 ‘‘(A) the inconvenience to the person is

24 substantial; and
53

S 5 IS1S

1 ‘‘(B) the transfer is unlikely to adversely

2 affect the effective or timely execution of the re3 quest or a portion thereof.

4 ‘‘(2) EXECUTION.—Upon transfer, the judge or

5 judge magistrate to whom the request or a portion

6 thereof is transferred shall complete its execution in

7 accordance with subsections (a) and (b).’’.

8 (b) TECHNICAL AND CONFORMING AMENDMENT.—

9 The analysis for chapter 117 of title 28, United States

10 Code, is amended by adding at the end the following:

‘‘1790. Assistance to foreign authorities.’’.

11 SEC. 1028. TEMPORARY TRANSFER OF INCARCERATED WIT12 NESSES.

13 (a) IN GENERAL.—Section 3508 of title 18, United

14 States Code, is amended—

15 (1) by striking the section heading and insert16 ing the following:

17 ‘‘§ 3508. Temporary transfer of witnesses in custody’’;

18 (2) by striking subsections (b) and (c) and in19 serting the following:

20 ‘‘(b) TRANSFER AUTHORITY.—

21 ‘‘(1) IN GENERAL.—If the testimony of a per22 son who is serving a sentence, in pretrial detention,

23 or otherwise being held in custody in the United

24 States, is needed in a foreign criminal proceeding,

25 the Attorney General shall have the authority to—
54

S 5 IS1S

1 ‘‘(A) temporarily transfer that person to

2 the foreign country for the purpose of giving

3 the testimony;

4 ‘‘(B) transport that person from the

5 United States in custody;

6 ‘‘(C) make appropriate arrangements for

7 custody for that person while outside the

8 United States; and

9 ‘‘(D) return that person in custody to the

10 United States from the foreign country.

11 ‘‘(2) PERSONS HELD FOR STATE LAW VIOLA12 TIONS.—If the person is being held in custody for a

13 violation of State law, the Attorney General may ex14 ercise the authority described in this subsection if

15 the appropriate State authorities give their consent.

16 ‘‘(c) RETURN OF PERSONS TRANSFERRED.—

17 ‘‘(1) IN GENERAL.—If the transfer to or from

18 the United States of a person in custody for the pur19 pose of giving testimony is provided for by treaty or

20 convention, by this section, or both, that person shall

21 be returned to the United States, or to the foreign

22 country from which the person is transferred.

23 ‘‘(2) LIMITATION.—In no event shall the return

24 of a person under this subsection require any re25 quest for extradition or extradition proceedings, or
55

S 5 IS1S

1 require that person to be subject to deportation or

2 exclusion proceedings under the laws of the United

3 States, or the foreign country from which the person

4 is transferred.

5 ‘‘(d) APPLICABILITY OF INTERNATIONAL AGREE6 MENTS.—If there is an international agreement between

7 the United States and the foreign country in which a wit8 ness is being held in custody or to which the witness will

9 be transferred from the United States, that provides for

10 the transfer, custody, and return of those witnesses, the

11 terms and conditions of that international agreement shall

12 apply. If there is no such international agreement, the At13 torney General may exercise the authority described in

14 subsections (a) and (b) if both the foreign country and

15 the witness give their consent.

16 ‘‘(e) RIGHTS OF PERSONS TRANSFERRED.—

17 ‘‘(1) Notwithstanding any other provision of

18 law, a person held in custody in a foreign country

19 who is transferred to the United States pursuant to

20 this section for the purpose of giving testimony—

21 ‘‘(A) shall not by reason of that transfer,

22 during the period that person is present in the

23 United States pursuant to that transfer, be en24 titled to apply for or obtain any right or remedy

25 under the Immigration and Nationality Act, in-
56

S 5 IS1S

1 cluding the right to apply for or be granted asy2 lum or withholding of deportation or any right

3 to remain in the United States under any other

4 law; and

5 ‘‘(B) may be summarily removed from the

6 United States upon order of the Attorney Gen7 eral.

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in

9 this subsection may be construed to create any sub10 stantive or procedural right or benefit to remain in

11 the United States that is legally enforceable in a

12 court of law of the United States or of a State by

13 any party against the United States or its agencies

14 or officers.

15 ‘‘(f) CONSISTENCY WITH INTERNATIONAL OBLIGA16 TIONS.—The Attorney General shall not take any action

17 under this section to transfer or return a person to a for18 eign country unless the Attorney General determines, after

19 consultation with the Secretary of State, that transfer or

20 return would be consistent with the international obliga21 tions of the United States. A determination by the Attor22 ney General under this subsection shall not be subject to

23 judicial review by any court.’’.

24 (b) TECHNICAL AND CONFORMING AMENDMENT.—

25 The analysis for chapter 223 of title 18, United States
57

S 5 IS1S

1 Code, is amended by striking the item relating to section

2 3508 and inserting the following:

‘‘3508. Temporary transfer of witnesses in custody.’’.

3 SEC. 1029. TRAINING OF FOREIGN LAW ENFORCEMENT

4 AGENCIES.

5 Section 660(b) of the Foreign Assistance Act of 1961

6 (22 U.S.C. 2420(b)) is amended—

7 (1) in paragraph (4), by striking ‘‘or’’ at the

8 end;

9 (2) in paragraph (6), by striking the period at

10 the end and inserting ‘‘; or’’; and

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

12 ‘‘(7) with respect to assistance, including train13 ing, provided for antiterrorism purposes.’’.

14 SEC. 1030. DISCRETIONARY AUTHORITY TO USE FORFEIT15 URE PROCEEDS.

16 Section 524(c)(1) of title 28, United States Code, is

17 amended by—

18 (1) redesignating subparagraph (I) beginning

19 with ‘‘after all’’ as subparagraph (J);

20 (2) in subparagraph (J) as redesignated, strik21 ing the period and inserting ‘‘, and’’; and

22 (3) adding at the end the following:

23 ‘‘(J) at the discretion of the Attorney Gen24 eral, payments to return forfeited property re25 patriated to the United States by a foreign gov-
58

S 5 IS1S

1 ernment or others acting at the direction of a

2 foreign government, and interest earned on the

3 property, if—

4 ‘‘(i) a final foreign judgment entered

5 against a foreign government or those act6 ing at its direction, which foreign judgment

7 was based on the measures, such as sei8 zure and repatriation of property, that re9 sulted in deposit of the funds into the

10 Fund;

11 ‘‘(ii) the foreign judgment was entered

12 and presented to the Attorney General not

13 later than 5 years after the date on which

14 the property was repatriated to the United

15 States;

16 ‘‘(iii) the foreign government or those

17 acting at its direction vigorously defended

18 its actions under its own laws; and

19 ‘‘(iv) the amount of the disbursement

20 does not exceed the amount of funds de21 posited to the Fund, plus interest earned

22 on those funds pursuant to section

23 524(c)(5), less any awards and equitable

24 shares paid by the Fund to the foreign
59

S 5 IS1S

1 government or those acting at its direction

2 in connection with a particular case.’’.

3 Subtitle B—International Drug

4 Control

5 SEC. 1201. ANNUAL COUNTRY PLANS FOR DRUG-TRANSIT

6 AND DRUG PRODUCING COUNTRIES.

7 Section 490 of the Foreign Assistance Act of 1961

8 (22 U.S.C. 2291j) is amended by adding at the end the

9 following:

10 ‘‘(i) COUNTRY PLANS FOR MAJOR DRUG-TRANSIT

11 AND MAJOR ILLICIT DRUG PRODUCING COUNTRIES.—

12 ‘‘(1) ANNUAL REQUIREMENT.—Not later than

13 November 1 of each year, the President shall submit

14 to Congress a separate plan for the activities to be

15 undertaken by the United States in order to address

16 drug-trafficking and other drug-related matters in

17 each country described in paragraph (2).

18 ‘‘(2) COVERED COUNTRIES.—A country re19 ferred to in paragraph (1) is any country—

20 ‘‘(A) that is determined by the President

21 to be a major drug-transit country or a major

22 illicit drug producing country; and

23 ‘‘(B) with which the United States is

24 maintaining diplomatic relations.
60

S 5 IS1S

1 ‘‘(3) FORM.—Each plan under paragraph (1)

2 shall be submitted in unclassified form, but may

3 contain a classified annex.’’.

4 SEC. 1202. PROHIBITION ON USE OF FUNDS FOR COUNTER5 NARCOTICS ACTIVITIES AND ASSISTANCE.

6 (a) PROHIBITION.—Notwithstanding any other provi7 sion of law, no funds appropriated for any fiscal year after

8 fiscal year 1999 for the counterdrug or counternarcotics

9 activities of the United States (including funds appro10 priated for assistance to other countries for such activi11 ties) may be obligated or expended for such activities dur12 ing the period beginning on November 1 of such fiscal year

13 and ending on the later of—

14 (1) the date of the notification required in such

15 fiscal year under subsection (h) of section 490 of the

16 Foreign Assistance Act of 1961 (22 U.S.C. 2291j);

17 or

18 (2) the date of the submittal of the plans re19 quired by subsection (i) of that section, as amended

20 by section 1201 of this title.

21 (b) LIMITATION ON OVERRIDE.—No provision of law

22 enacted after the date of the enactment of this Act may

23 be construed to override the prohibition set forth in sub24 section (a) unless such provision specifically refers to such

25 prohibition in effecting the override.
61

S 5 IS1S

1 SEC. 1203. SENSE OF CONGRESS REGARDING COLOMBIA.

2 It is the sense of Congress—

3 (1) that the provision of counternarcotics assist4 ance to Colombia will not meet the purpose of the

5 provision of such assistance without meaningful

6 guarantees that no production, manufacturing, or

7 transportation of narcotics takes place in any area

8 in Colombia designated as a so-called ‘‘buffer zone’’;

9 (2) to be concerned regarding continuing re10 ports of human rights violations by units of the Co11 lombia military; and

12 (3) to reaffirm the policy that no aid, supplies,

13 or other assistance should be provided to any mili14 tary or law enforcement unit of a foreign country if

15 such unit has engaged in any violation of human

16 rights.

17 SEC. 1204. SENSE OF CONGRESS REGARDING MEXICO.

18 It is the sense of Congress that—

19 (1) the United States and the Government of

20 Mexico should conclude a maritime agreement for

21 purposes of improving cooperation between the

22 United States and Mexico in the interdiction of sea23 borne drug smuggling;

24 (2) the maritime agreement should be similar to

25 agreements between the United States and govern26 ments of other countries in the Caribbean and Latin
62

S 5 IS1S

1 America which have proven beneficial to the

2 counterdrug activities of the countries concerned;

3 (3) the Government of Mexico should carry

4 through on its promises to the United States Gov5 ernment regarding cooperation between such govern6 ments in counternarcotics activities, including co7 operation in matters relating to extradition, prosecu8 tions for money laundering, and other matters;

9 (4) the Government of Mexico is to be com10 mended for its cooperation with and support of the

11 United States Government in many law enforcement

12 matters; and

13 (5) the continuing investigation by the Govern14 ment of Mexico of United States law enforcement

15 personnel who participated in the money laundering

16 sting operation known as CASABLANCA is an at17 tempt by that government to embarrass and harass

18 such personnel even though such personnel were act19 ing within the scope of United States law and Mexi20 can law in pursuing drug traffickers and money

21 launderers operating both in the United States and

22 in Mexico.

23 SEC. 1205. SENSE OF CONGRESS REGARDING IRAN.

24 It is the sense of Congress to express concern that

25 Iran was not included on the most recent list of countries
63

S 5 IS1S

1 determined to be major drug-transit countries or major

2 illicit drug producing countries despite recent evidence

3 that Iran is a production and transfer point for narcotics.

4 SEC. 1206. SENSE OF CONGRESS REGARDING SYRIA.

5 It is the sense of Congress to express concern that

6 Syria was not included on the most recent list of countries

7 determined to be major drug-transit countries or major

8 illicit drug producing countries despite recent evidence

9 that Syria is a trans-shipment point for narcotics from

10 Turkey and from Afghanistan.

11 SEC. 1207. BRAZIL.

12 (a) KING AIR AIRCRAFT FOR DEA ACTIVITIES IN

13 BRAZIL.—Notwithstanding any other provision of law, the

14 Administrator of the Drug Enforcement Administration

15 may—

16 (1) purchase a King Air aircraft for purposes of

17 Administration activities in Brazil; and

18 (2) station the aircraft in Brazil for purposes of

19 such activities.

20 (b) SENSE OF CONGRESS REGARDING ASSISTANCE

21 TO BRAZIL.—It is the sense of Congress—

22 (1) to encourage the President to review the na23 ture of the cooperation between the United States

24 and Brazil in counternarcotics activities;
64

S 5 IS1S

1 (2) to recognize the extraordinary threat that

2 narcotics trafficking poses to the national security of

3 Brazil and to the national security of the United

4 States;

5 (3) to applaud the efforts of the Brazil Govern6 ment to control drug trafficking in and through the

7 Amazon River basin;

8 (4) to applaud the enactment of legislation by

9 the Brazil Congress that—

10 (A) authorizes appropriate personnel to

11 damage, render inoperative, or destroy aircraft

12 within Brazil territory that are reasonably sus13 pected to be engaged primarily in trafficking in

14 illicit narcotics; and

15 (B) contains measures to protect against

16 the loss of innocent life during activities re17 ferred to in subparagraph (A), including an ef18 fective measure to identify and warn aircraft

19 before the use of force; and

20 (5) to urge the President to issue a statement

21 outlining the matters referred to in paragraphs (1)

22 through (4) in order to prevent any interruption in

23 the current provision by the United States of oper24 ational, logistical, technical, administrative, and in25 telligence assistance to Brazil.
65

S 5 IS1S

1 SEC. 1208. JAMAICA.

2 (a) REQUIREMENT FOR AERIAL SURVEY.—The

3 President shall take appropriate actions in order to pro4 vide for a comprehensive aerial survey of Jamaica for pur5 poses of determining the quantity and location of any

6 marijuana and other illegal drugs being grown in Jamaica.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress to express disappointment regarding the lack of

9 progress and cooperation between the United States and

10 Jamaica in counternarcotics activities.

11 SEC. 1209. SENSE OF CONGRESS REGARDING NORTH

12 KOREA.

13 It is the sense of Congress—

14 (1) to be concerned regarding an increase in the

15 number of reports of drug trafficking in and through

16 North Korea;

17 (2) to encourage the President to submit to

18 Congress the reports, if any, required by law regard19 ing the production and trafficking of narcotics in or

20 through North Korea; and

21 (3) to express concern that the Department of

22 State has evaded its obligations with respect to

23 North Korea under section 490 of the Foreign As24 sistance Act of 1961 (22 U.S.C. 2291j), and thereby

25 diminished the significance to the United States of

26 narcotics production and transit in and through
66

S 5 IS1S

1 North Korea, in order to enhance cultural exchanges

2 between the United States and North Korea.

3 Subtitle C—Foreign Military

4 Counter-Drug Support

5 SEC. 1301. REPORT.

6 (a) MONTHLY REPORT.—The Department of State

7 and the Department of Defense shall report monthly to

8 the Committee on International Relations and the Com9 mittee on National Security of the House of Representa10 tives and the Committee on Foreign Relations and the

11 Committee on Armed Services of the Senate on the cur12 rent status of any formal letter of request for any foreign

13 military sales of counter narcotics-related assistance from

14 the head of any police, military, or other appropriate secu15 rity agency official in an Andean Country. This report

16 shall include—

17 (1) the date the initial request was made;

18 (2) the current status of the request;

19 (3) the remaining approvals needed to process

20 the request;

21 (4) the date that the request has been approved

22 by all relevant departments and agencies; and

23 (5) the expected delivery time for the requested

24 material.
67

S 5 IS1S

1 (b) ANALYSIS.—The Department of State shall re2 view and forward to Congress an analysis of the current

3 foreign military sales program within 180 days (from time

4 of enactment). This review shall focus on—

5 (1) what, if any, are the current delays in the

6 foreign military sales program;

7 (2) the manner in which the program can be

8 streamlined;

9 (3) the manner in which the efficiency of proc10 essing requested equipment can be increased; and

11 (4) what, if any, legislative changes are nec12 essary to improve the program so that the time from

13 request to delivery is minimized.

14 Subtitle D—Money Laundering

15 Deterrence

16 SEC. 1401. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Money Laundering

18 Deterrence Act of 1999’’.

19 SEC. 1402. FINDINGS AND PURPOSES.

20 (a) FINDINGS.—Congress finds that—

21 (1) the dollar amount involved in international

22 money laundering likely exceeds $500,000,000,000

23 annually;

24 (2) organized crime groups are continually de25 vising new methods to launder the proceeds of illegal
68

S 5 IS1S

1 activities in an effort to subvert the transaction re2 porting requirements of subchapter II of chapter 53

3 of title 31, United States Code, and chapter 2 of

4 Public Law 91–508;

5 (3) a number of methods to launder the pro6 ceeds of criminal activity were identified and de7 scribed in congressional hearings, including the use

8 of financial service providers that are not depository

9 institutions, such as money transmitters and check

10 cashing services, the purchase and resale of durable

11 goods, and the exchange of foreign currency in the

12 so-called ‘‘black market’’;

13 (4) recent successes in combating domestic

14 money laundering have involved the application of

15 the heretofore seldom-used authority granted to the

16 Secretary of the Treasury and the cooperative ef17 forts of Federal, State, and local law enforcement

18 agencies; and

19 (5) such successes have been exemplified by the

20 implementation of the geographic targeting order in

21 New York City and through the work of the El Do22 rado task force, a group comprised of agents of De23 partment of the Treasury law enforcement agencies,

24 New York State troopers, and New York City police

25 officers.
69

S 5 IS1S

1 (b) PURPOSES.—The purposes of this title are—

2 (1) to amend subchapter II of chapter 53 of

3 title 31, United States Code, to provide the law en4 forcement community with the necessary legal au5 thority to combat money laundering;

6 (2) to broaden the law enforcement commu7 nity’s access to transactional information already

8 being collected that relates to coins and currency re9 ceived in a nonfinancial trade or business; and

10 (3) to express the sense of Congress that the

11 Secretary of the Treasury should expedite the devel12 opment and implementation of controls designed to

13 deter money laundering activities at certain types of

14 financial institutions.

15 SEC. 1403. REPORTING OF SUSPICIOUS ACTIVITIES.

16 (a) AMENDMENT RELATING TO CIVIL LIABILITY IM17 MUNITY FOR DISCLOSURES.—Section 5318(g)(3) of title

18 31, United States Code, is amended to read as follows:

19 ‘‘(3) LIABILITY FOR DISCLOSURES.—

20 ‘‘(A) IN GENERAL.—Notwithstanding any

21 other provision of law, an exempted entity, as

22 defined in subparagraph (B), shall not be liable

23 to any person under any law or regulation of

24 the United States, any constitution, law, or reg25 ulation of any State or political subdivision
70

S 5 IS1S

1 thereof, or under any contract or other legally

2 enforceable agreement (including any arbitra3 tion agreement), for a disclosure described in

4 subparagraph (B)(i), or for any failure to notify

5 the person who is the subject of the disclosure

6 or any other person identified in the disclosure.

7 ‘‘(B) EXEMPTED ENTITIES.—For purposes

8 of this paragraph, the term ‘exempted entity’

9 means—

10 ‘‘(i) any financial institution that—

11 ‘‘(I) makes a disclosure of any

12 possible violation of law or regulation

13 to an appropriate government agency;

14 or

15 ‘‘(II) makes a disclosure pursu16 ant to this subsection or any other au17 thority;

18 ‘‘(ii) any director, officer, employee, or

19 agent of an institution referred to in clause

20 (i) who makes, or requires another to make

21 a disclosure referred to in clause (i); and

22 ‘‘(iii) any independent public account23 ant who audits any such financial institu24 tion and makes a disclosure described in

25 clause (i).’’.
71

S 5 IS1S

1 (b) PROHIBITION ON NOTIFICATION OF DISCLO2 SURES.—Section 5318(g)(2) of title 31, United States

3 Code, is amended to read as follows:

4 ‘‘(2) NOTIFICATION PROHIBITED.—

5 ‘‘(A) IN GENERAL.—If a financial institu6 tion, any director, officer, employee, or agent of

7 any financial institution, or any independent

8 public accountant who audits any such financial

9 institution, voluntarily or pursuant to this sec10 tion or any other authority, reports a suspicious

11 transaction to an appropriate government

12 agency—

13 ‘‘(i) the financial institution, director,

14 officer, employee, agent, or accountant

15 may not notify any person involved in the

16 transaction that the transaction has been

17 reported and may not disclose any infor18 mation included in the report to any such

19 person; and

20 ‘‘(ii) no other person, including any

21 officer or employee of any government,

22 who has any knowledge that such report

23 was made, may disclose to any other per24 son or government agency the fact that

25 such report was made.
72

S 5 IS1S

1 ‘‘(B) EXCEPTION FOR USE BY GOVERN2 MENT OFFICERS IN OFFICIAL CAPACITY.—Para3 graph (1) does not apply to the use or disclo4 sure by an officer or employee of an appropriate

5 government agency of any report under this

6 subsection, or information included in the re7 port, to the extent that the use is made solely

8 in conjunction with the performance of the offi9 cial duties of the officer or employee to conduct

10 or assist in the conduct of a law enforcement or

11 regulatory inquiry, investigation, or proceeding.

12 ‘‘(C) COORDINATION WITH PARAGRAPH

13 (5).—Subparagraph (A) shall not be construed

14 to prohibit any financial institution, or any di15 rector, officer, employee, or agent of a financial

16 institution, from including, in a written employ17 ment reference that is provided in accordance

18 with paragraph (5) in response to a request

19 from another financial institution, information

20 that was included in a report to which subpara21 graph (A) applies, but such written employment

22 reference may not disclose that the information

23 was also included in any such report or that a

24 report was made.’’.
73

S 5 IS1S

1 (c) AUTHORIZATION TO INCLUDE SUSPICIONS OF IL2 LEGAL ACTIVITY IN EMPLOYMENT REFERENCES.—Sec3 tion 5318(g) of title 31, United States Code, is amended

4 by adding at the end the following:

5 ‘‘(5) EMPLOYMENT REFERENCES MAY INCLUDE

6 SUSPICIONS OF INVOLVEMENT IN ILLEGAL ACTIV7 ITY.—

8 ‘‘(A) IN GENERAL.—Notwithstanding any

9 other provision of law, and subject to subpara10 graph (B) of this paragraph and paragraph

11 (2)(C), any financial institution, and any direc12 tor, officer, employee, or agent of a financial in13 stitution, may disclose, in any written employ14 ment reference relating to a current or former

15 institution-affiliated party of the institution

16 that is provided to another financial institution

17 in response to a request from the other institu18 tion, information concerning the possible in19 volvement of the institution-affiliated party in

20 any suspicious transaction relevant to a possible

21 violation of law or regulation.

22 ‘‘(B) LIMIT ON LIABILITY FOR DISCLO23 SURES.—A financial institution, and any direc24 tor, officer, employee, or agent of the institu25 tion, shall not be liable to any person under any
74

S 5 IS1S

1 law or regulation of the United States, any con2 stitution, law, or regulation of any State or po3 litical subdivision thereof, or under any contract

4 or other legally enforceable agreement (includ5 ing any arbitration agreement), for any disclo6 sure under subparagraph (A), to the extent

7 that—

8 ‘‘(i) the disclosure does not contain in9 formation that the institution, director, of10 ficer, employee, agent, or accountant

11 knows to be false; and

12 ‘‘(ii) the institution, director, officer,

13 employee, agent, or accountant has not

14 acted with malice or with reckless dis15 regard for the truth in making the disclo16 sure.

17 ‘‘(C) INSTITUTION-AFFILIATED PARTY DE18 FINED.—For purposes of this paragraph, the

19 term ‘institution-affiliated party’ has the same

20 meaning as in section 3(u) of the Federal De21 posit Insurance Act, except that section 3(u)

22 shall be applied by substituting the term ‘finan23 cial institution’ for the term ‘insured depository

24 institution’.’’.
75

S 5 IS1S

1 (d) AMENDMENTS RELATING TO AVAILABILITY OF

2 SUSPICIOUS ACTIVITY REPORTS FOR OTHER AGEN3 CIES.—Section 5319 of title 31, United States Code, is

4 amended—

5 (1) in the first sentence, by striking ‘‘5314, or

6 5316’’ and inserting ‘‘5313A, 5314, 5316, or

7 5318(g)’’;

8 (2) in the last sentence, by inserting ‘‘under

9 section 5313, 5313A, 5314, 5316, or 5318(g)’’ after

10 ‘‘records of reports’’; and

11 (3) by adding at the end the following: ‘‘The

12 Secretary of the Treasury may permit the dissemi13 nation of information in any such report to any self14 regulatory organization (as defined in section

15 3(a)(26) of the Securities Exchange Act of 1934), if

16 the Securities and Exchange Commission determines

17 that the dissemination is necessary or appropriate to

18 permit the self-regulatory organization to perform

19 its functions under the Securities Exchange Act of

20 1934 and regulations prescribed under that Act.’’.

21 SEC. 1404. EXPANSION OF SCOPE OF SUMMONS POWER.

22 Section 5318(b)(1) of title 31, United States Code,

23 is amended by inserting ‘‘examinations to determine com24 pliance with the requirements of this subchapter, section

25 21 of the Federal Deposit Insurance Act, and chapter 2
76

S 5 IS1S

1 of Public Law 91–508 and regulations prescribed pursu2 ant to those provisions, investigations relating to reports

3 filed by financial institutions or other persons pursuant

4 to any such provision or regulation, and’’ after ‘‘in connec5 tion with’’.

6 SEC. 1405. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC

7 TARGETING ORDERS AND CERTAIN RECORD8 KEEPING REQUIREMENTS.

9 (a) CIVIL PENALTY FOR VIOLATION OF TARGETING

10 ORDER.—Section 5321(a)(1) of title 31, United States

11 Code, is amended by inserting ‘‘or order issued’’ after

12 ‘‘regulation prescribed’’.

13 (b) CRIMINAL PENALTIES FOR VIOLATION OF TAR14 GETING ORDER.—Subsections (a) and (b) of section 5322

15 of title 31, United States Code, are amended by inserting

16 ‘‘or order issued’’ after ‘‘regulation prescribed’’ each place

17 that term appears.

18 (c) STRUCTURING TRANSACTIONS TO EVADE TAR19 GETING ORDER OR CERTAIN RECORDKEEPING REQUIRE20 MENTS.—Section 5324(a) of title 31, United States Code,

21 is amended—

22 (1) by inserting a comma after ‘‘shall’’;

23 (2) by striking ‘‘section—’’ and inserting ‘‘sec24 tion, the reporting requirements imposed by any

25 order issued under section 5326, or the record-
77

S 5 IS1S

1 keeping requirements imposed by any regulation pre2 scribed under section 21 of the Federal Deposit In3 surance Act or section 123 of Public Law

4 91–508—’’; and

5 (3) in paragraphs (1) and (2), by inserting

6 ‘‘, to file a report required by any order issued under

7 section 5326, or to maintain a record required pur8 suant to any regulation prescribed under section 21

9 of the Federal Deposit Insurance Act or section 123

10 of Public Law 91–508’’ after ‘‘regulation prescribed

11 under any such section’’ each place that term ap12 pears.

13 (d) INCREASE IN CIVIL PENALTIES FOR VIOLATION

14 OF CERTAIN RECORDKEEPING REQUIREMENTS.—

15 (1) FEDERAL DEPOSIT INSURANCE ACT.—Sec16 tion 21(j)(1) of the Federal Deposit Insurance Act

17 (12 U.S.C. 1829b(j)(1)) is amended by striking

18 ‘‘$10,000’’ and inserting ‘‘the greater of—

19 ‘‘(A) the amount (not to exceed $100,000)

20 involved in the transaction (if any) with respect

21 to which the violation occurred; or

22 ‘‘(B) $25,000’’.

23 (2) PUBLIC LAW 91–508.—Section 125(a) of

24 Public Law 91–508 (12 U.S.C. 1955(a)) is amended
78

S 5 IS1S

1 by striking ‘‘$10,000’’ and inserting ‘‘the greater

2 of—

3 ‘‘(1) the amount (not to exceed $100,000) in4 volved in the transaction (if any) with respect to

5 which the violation occurred; or

6 ‘‘(2) $25,000’’.

7 (e) CRIMINAL PENALTIES FOR VIOLATION OF CER8 TAIN RECORDKEEPING REQUIREMENTS.—

9 (1) SECTION 126.—Section 126 of Public Law

10 91–508 (12 U.S.C. 1956) is amended to read as fol11 lows:

12 ‘‘SEC. 126. CRIMINAL PENALTY.

13 ‘‘A person that willfully violates this chapter, section

14 21 of the Federal Deposit Insurance Act, or a regulation

15 prescribed under this chapter or that section 21, shall be

16 fined not more than $250,000, or imprisoned for not more

17 than 5 years, or both.’’.

18 (2) SECTION 127.—Section 127 of Public Law

19 91–508 (12 U.S.C. 1957) is amended to read as fol20 lows:

21 ‘‘SEC. 127. ADDITIONAL CRIMINAL PENALTY IN CERTAIN

22 CASES.

23 ‘‘A person that willfully violates this chapter, section

24 21 of the Federal Deposit Insurance Act, or a regulation

25 prescribed under this chapter or that section 21, while vio-
79

S 5 IS1S

1 lating another law of the United States or as part of a

2 pattern of any illegal activity involving more than

3 $100,000 in a 12-month period, shall be fined not more

4 than $500,000, imprisoned for not more than 10 years,

5 or both.’’.

6 SEC. 1406. REPEAL OF CERTAIN REPORTING REQUIRE7 MENTS.

8 Section 407(d) of the Money Laundering Suppression

9 Act of 1994 (31 U.S.C. 5311 note) is amended by striking

10 ‘‘subsection (c)’’ and inserting ‘‘subsection (c)(2)’’.

11 SEC. 1407. LIMITED EXEMPTION FROM PAPERWORK RE12 DUCTION ACT.

13 Section 3518(c)(1) of title 44, United States Code,

14 is amended—

15 (1) by redesignating subparagraphs (C) and

16 (D) as subparagraphs (D) and (E), respectively; and

17 (2) by inserting after subparagraph (B) the fol18 lowing:

19 ‘‘(C) pursuant to regulations prescribed or or20 ders issued by the Secretary of the Treasury under

21 section 5318(h) or 5326 of title 31;’’.

22 SEC. 1408. SENSE OF CONGRESS.

23 It is the sense of Congress that the Secretary of the

24 Treasury should, in conjunction with the Board of Gov25 ernors of the Federal Reserve System, expedite the pro-
80

S 5 IS1S

1 mulgation of ‘‘know your customer’’ regulations for finan2 cial institutions.

3 Subtitle E—Additional Funding

4 For Source and Interdiction

5 Zone Countries

6 SEC. 1501. SOURCE ZONE COUNTRIES.

7 In addition to other amounts appropriated for Colom8 bia and Peru for counternarcotics operations for a fiscal

9 year, there is authorized to be appropriated—

10 (1) $20,000,000 for Peru for each of fiscal

11 years 2000 and 2001 for supporting additional sur12 veillance, pursuit of drug aircraft, and general sup13 port for counternarcotics operations;

14 (2) $75,000,000 for Colombia for each of fiscal

15 years 2000 and 2001, for supporting additional sur16 veillance, pursuit of drug aircraft, and general sup17 port for counternarcotics operations, including the

18 acquisition of a minimum of 3 Blackhawk heli19 copters and 2 aerostats; and

20 (3) $52,000,000 for Bolivian counternarcotics

21 programs for fiscal year 2000, including high tech22 nology detection equipment for the Chapare region,

23 institution building, and law enforcement support.
81

S 5 IS1S

1 SEC. 1502. CENTRAL AMERICA.

2 In addition to the other amounts appropriated, under

3 this Act or any other provision of law, for counternarcotics

4 matters for countries in Central America, there is author5 ized to be appropriated $25,000,000 for fiscal year 2000

6 for enhanced efforts in counternarcotics matters by the

7 United States Coast Guard, the United States Customs

8 Service, and other law enforcement agencies.

9 TITLE II—DOMESTIC LAW

10 ENFORCEMENT

11 Subtitle A—Criminal Offenders

12 SEC. 2001. APPREHENSION AND PROCEDURAL TREATMENT

13 OF ARMED VIOLENT CRIMINALS.

14 (a) CONGRESSIONAL OVERSIGHT.—

15 (1) REPORT TO ATTORNEY GENERAL.—Not

16 later than 90 days after the date of enactment of

17 this Act, the Attorney General shall require each

18 United States Attorney to—

19 (A) establish an armed violent criminal ap20 prehension task force comprised of appropriate

21 law enforcement representatives, which shall be

22 responsible for developing strategies for remov23 ing armed violent criminals from the streets;

24 and

25 (B) not less frequently than monthly, re26 port to the Attorney General on the number of
82

S 5 IS1S

1 defendants charged with, or convicted of, violat2 ing section 922(g) or 924 of title 18, United

3 States Code, in the district for which the

4 United States Attorney is appointed.

5 (2) REPORT TO CONGRESS.—The Attorney

6 General shall prepare and submit a report to the

7 Congress once every 6 months detailing the contents

8 of the reports submitted pursuant to paragraph

9 (1)(B).

10 (b) PRETRIAL DETENTION FOR POSSESSION OF

11 FIREARMS OR EXPLOSIVES BY CONVICTED FELONS.—

12 Section 3156(a)(4) of title 18, United States Code, is

13 amended—

14 (1) by striking ‘‘or’’ at the end of subparagraph

15 (B);

16 (2) by striking ‘‘and’’ at the end of subpara17 graph (C) and inserting ‘‘; or’’; and

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

19 ‘‘(D) an offense that is a violation of sec20 tion 842(i) or 922(g) (relating to possession of

21 explosives or firearms by convicted felons);

22 and’’.

23 (c) CONFORMING SCIENTER CHANGE FOR TRANS24 FERRING A FIREARM TO COMMIT A CRIME OF VIO25 LENCE.—Section 924(h) of title 18, United States Code,
83

S 5 IS1S

1 is amended by inserting ‘‘or having reasonable cause to

2 believe’’ after ‘‘knowing’’.

3 (d) FIREARMS POSSESSION BY VIOLENT FELONS

4 AND SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of

5 title 18, United States Code, is amended—

6 (1) by striking ‘‘(2) Whoever’’ and inserting

7 ‘‘(2)(A) Except as provided in subparagraph (B),

8 any person who’’; and

9 (2) by adding at the end the following:

10 ‘‘(B) Notwithstanding any other provision of

11 law, the court shall not grant a probationary sen12 tence to a person who has more than 1 previous con13 viction for a violent felony or a serious drug offense,

14 committed under different circumstances.’’.

15 SEC. 2002. CRIMINAL ATTEMPT.

16 (a) ESTABLISHMENT OF GENERAL ATTEMPT OF17 FENSE.—

18 (1) IN GENERAL.—Chapter 19 of title 18,

19 United States Code, is amended—

20 (A) in the chapter heading, by striking

21 ‘‘Conspiracy’’ and inserting ‘‘Inchoate of22 fenses’’; and

23 (B) by adding at the end the following:
84

S 5 IS1S

1 ‘‘§ 374. Attempt to commit offense

2 ‘‘(a) IN GENERAL.—Whoever, acting with the state

3 of mind otherwise required for the commission of an of4 fense described in this title, intentionally engages in con5 duct that, in fact, constitutes a substantial step toward

6 the commission of the offense, is guilty of an attempt and

7 is subject to the same penalties as those prescribed for

8 the offense, the commission of which was the object of the

9 attempt, except that the penalty of death shall not be im10 posed.

11 ‘‘(b) INABILITY TO COMMIT OFFENSE; COMPLETION

12 OF OFFENSE.—It is not a defense to a prosecution under

13 this section—

14 ‘‘(1) that it was factually impossible for the

15 actor to commit the offense, if the offense could

16 have been committed had the circumstances been as

17 the actor believed them to be; or

18 ‘‘(2) that the offense attempted was completed.

19 ‘‘(c) EXCEPTIONS.—This section does not apply—

20 ‘‘(1) to an offense consisting of conspiracy, at21 tempt, endeavor, or solicitation;

22 ‘‘(2) to an offense consisting of an omission, re23 fusal, failure of refraining to act;

24 ‘‘(3) to an offense involving negligent conduct;

25 or
85

S 5 IS1S

1 ‘‘(4) to an offense described in section 1118,

2 1120, 1121, or 1153 of this title.

3 ‘‘(d) AFFIRMATIVE DEFENSE.—

4 ‘‘(1) IN GENERAL.—It is an affirmative defense

5 to a prosecution under this section, on which the de6 fendant bears the burden of persuasion by a prepon7 derance of the evidence, that, under circumstances

8 manifesting a voluntary and complete renunciation

9 of criminal intent, the defendant prevented the com10 mission of the offense.

11 ‘‘(2) DEFINITION.—For purposes of this sub12 section, a renunciation is not ‘voluntary and com13 plete’ if it is motivated in whole or in part by cir14 cumstances that increase the probability of detection

15 or apprehension or that make it more difficult to ac16 complish the offense, or by a decision to postpone

17 the offense until a more advantageous time or to

18 transfer the criminal effort to a similar objective or

19 victim.’’.

20 (2) TECHNICAL AND CONFORMING AMEND21 MENT.—The analysis for chapter 19 of title 18,

22 United States Code, is amended by adding at the

23 end the following:

‘‘374. Attempt to commit offense.’’.
86

S 5 IS1S

1 (b) RATIONALIZATION OF CONSPIRACY PENALTY

2 AND CREATION OF RENUNCIATION DEFENSE.—Section

3 371 of title 18, United States Code, is amended—

4 (1) by striking the second undesignated para5 graph; and

6 (2) in the first undesignated paragraph—

7 (A) by striking ‘‘If two or more’’ and in8 serting the following:

9 ‘‘(a) IN GENERAL.—If 2 or more’’; and

10 (B) by striking ‘‘either to commit any of11 fense against the United States, or’’; and

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

13 ‘‘(b) CONSPIRACY.—If 2 or more persons conspire to

14 commit any offense against the United States, and 1 or

15 more of such persons do any act to effect the object of

16 the conspiracy, each shall be subject to the same penalties

17 as those prescribed for the most serious offense, the com18 mission of which was the object of the conspiracy, except

19 that the penalty of death shall not be imposed.’’.

20 SEC. 2003. DRUG OFFENSES COMMITTED IN THE PRESENCE

21 OF CHILDREN.

22 (a) IN GENERAL.—For the purposes of this Act, an

23 offense is committed in the presence of a child if—

24 (1) it takes place in the line of sight of an indi25 vidual who has not attained the age of 18 years; or
87

S 5 IS1S

1 (2) an individual who has not attained the age

2 of 18 years habitually resides in the place where the

3 violation occurs.

4 (b) GUIDELINES.—Not later than 120 days after the

5 date of enactment of this Act, the United States Sentenc6 ing Commission shall amend the Federal sentencing guide7 lines to provide, with respect to an offense under part D

8 of the Controlled Substances Act is committed in the pres9 ence of a child—

10 (1) a sentencing enhancement of not less than

11 2 offense levels above the base offense level for the

12 underlying offense or 1 additional year, whichever is

13 greater; and

14 (2) in the case of a second or subsequent such

15 offense, a sentencing enhancement of not less than

16 4 offense levels above the base offense level for the

17 underlying offense, or 2 additional years, whichever

18 is greater.

19 SEC. 2004. SENSE OF CONGRESS ON BORDER DEFENSE.

20 (a) FINDINGS.—Congress finds that—

21 (1) the Southwest Border of the United States

22 is a major crossing point for more than 60 percent

23 of the cocaine entering the United States from Latin

24 America;
88

S 5 IS1S

1 (2) drug traffickers are increasingly using vio2 lence to threaten local residents, to endanger lives,

3 and destroy property;

4 (3) drug traffickers are creating a law enforce5 ment no-man’s land to facilitate drug trafficking on

6 the Mexican side of the common border and using

7 extortionate methods, illegal riches, and intimidation

8 to acquire property on the United States side of the

9 border; and

10 (4) United States law enforcement efforts have

11 been insufficient to protect lives and property or to

12 prevent the use of illegally obtained riches to acquire

13 property.

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that—

16 (1) the President, in cooperation with the Gov17 ernment of Mexico, should take immediate and effec18 tive action at and near the United States border

19 with Mexico to control violence and other illegal acts

20 directed at the respective residents of both countries;

21 and

22 (2) the Attorney General should submit to the

23 Committees on the Judiciary of the House of Rep24 resentatives and the Senate a report on—
89

S 5 IS1S

1 (A) what steps are being taken to ensure

2 the safety of United States citizens at and near

3 the United States border with Mexico;

4 (B) what steps are being taken to prevent

5 the illegal acquisition of sites and facilities at or

6 near the border by drug traffickers; and

7 (C) what further steps need to be taken to

8 ensure the safety and well being of the people

9 of the United States along the United States

10 border with Mexico.

11 SEC. 2005. CLONE PAGERS.

12 (a) IN GENERAL.—Section 2511(2)(h) of title 18,

13 United States Code, is amended by striking clause (i) and

14 inserting the following:

15 ‘‘(i) to use a pen register, a trap and

16 trace device, or a clone pager, as those

17 terms are defined in chapter 206 (relating

18 to pen registers, trap and trace devices,

19 and clone pagers) of this title; or’’;

20 (b) EXCEPTION.—Section 3121 of title 18, United

21 States Code, is amended—

22 (1) by striking subsection (a) and inserting the

23 following:

24 ‘‘(a) IN GENERAL.—Except as provided in this sec25 tion, no person may install or use a pen register, trap and
90

S 5 IS1S

1 trace device, or clone pager without first obtaining a court

2 order under section 3123 or section 3129 of this title, or

3 under the Foreign Intelligence Surveillance Act of 1978

4 (50 U.S.C. 1801 et seq.).’’;

5 (2) in subsection (b), by striking ‘‘a pen reg6 ister or a trap and trace device’’ and inserting ‘‘a

7 pen register, trap and trace device, or clone pager’’;

8 and

9 (3) by striking the section heading and insert10 ing the following:

11 ‘‘§ 3121. General prohibition on pen register, trap and

12 trace device, and clone pager use; excep13 tion’’.

14 (c) ASSISTANCE.—Section 3124 of title 18, United

15 States Code, is amended—

16 (1) by redesignating subsections (c) through (f)

17 as subsections (d) through (g), respectively;

18 (2) by inserting after subsection (b) the follow19 ing:

20 ‘‘(c) CLONE PAGER.—Upon the request of an attor21 ney for the Government or an officer of a law enforcement

22 agency authorized to use a clone pager under this chapter,

23 a provider of electronic communication service shall fur24 nish to such investigative or law enforcement officer all

25 information, facilities, and technical assistance necessary
91

S 5 IS1S

1 to accomplish the use of the clone pager unobtrusively and

2 with a minimum of interference with the services that the

3 person so ordered by the court provides to the subscriber,

4 if such assistance is directed by a court order, as provided

5 in section 3129(b)(2) of this title.’’; and

6 (3) by striking the section heading and insert7 ing the following:

8 ‘‘§ 3124. Assistance in installation and use of a pen

9 register, trap and trace device, or clone

10 pager’’.

11 (d) EMERGENCY INSTALLATIONS.—Section 3125 of

12 title 18, United States Code, is amended—

13 (1) by striking ‘‘pen register or a trap and

14 trace device’’ and ‘‘pen register or trap and trace de15 vice’’ each place those terms appear, and inserting

16 ‘‘pen register, trap and trace device, or clone pager’’;

17 (2) in subsection (a), by striking ‘‘an order ap18 proving the installation or use is issued in accord19 ance with section 3123 of this title’’ and inserting

20 ‘‘an application is made for an order approving the

21 installation or use in accordance with section 3122

22 or section 3128 of this title’’;

23 (3) in subsection (b), by adding at the end the

24 following: ‘‘In the event that such application for the

25 use of a clone pager is denied, or in any other case
92

S 5 IS1S

1 in which the use of the clone pager is terminated

2 without an order having been issued, an inventory

3 shall be served as provided for in section 3129(e).’’;

4 and

5 (4) by striking the section heading and insert6 ing the following:

7 ‘‘§ 3125. Emergency pen register, trap and trace de8 vice, and clone pager installation and

9 use’’.

10 (e) REPORTS.—Section 3126 of title 18, United

11 States Code, is amended—

12 (1) by striking ‘‘pen register orders and orders

13 for trap and trace devices’’ and inserting ‘‘orders for

14 pen registers, trap and trace devices, and clone

15 pagers’’; and

16 (2) by striking the section heading and insert17 ing the following:

18 ‘‘§ 3126. Reports concerning pen registers, trap and

19 trace devices, and clone pagers’’.

20 (f) DEFINITIONS.—Section 3127 of title 18, United

21 States Code, is amended—

22 (1) in paragraph (2)—

23 (A) in subparagraph (A), by striking ‘‘or’’

24 at the end; and
93

S 5 IS1S

1 (B) by striking subparagraph (B) and in2 serting the following:

3 ‘‘(B) with respect to an application for the

4 use of a pen register or trap and trace device,

5 a court of general criminal jurisdiction of a

6 State authorized by the law of that State to

7 enter orders authorizing the use of a pen reg8 ister or a trap and trace device; or

9 ‘‘(C) with respect to an application for the

10 use of a clone pager, a court of general criminal

11 jurisdiction of a State authorized by the law of

12 that State to issue orders authorizing the use of

13 a clone pager;’’;

14 (2) in paragraph (5), by striking ‘‘and’’ at the

15 end;

16 (3) in paragraph (6), by striking the period at

17 the end and inserting ‘‘; and’’; and

18 (4) by adding at the end the following:

19 ‘‘(7) the term ‘clone pager’ means a numeric

20 display device that receives communications intended

21 for another numeric display paging device.’’.

22 (g) APPLICATIONS.—Chapter 206 of title 18, United

23 States Code, is amended by adding at the end the follow24 ing:
94

S 5 IS1S

1 ‘‘§ 3128. Application for an order for use of a clone

2 pager

3 ‘‘(a) APPLICATION.—

4 ‘‘(1) FEDERAL REPRESENTATIVES.—Any attor5 ney for the Government may apply to a court of

6 competent jurisdiction for an order or an extension

7 of an order under section 3129 of this title authoriz8 ing the use of a clone pager.

9 ‘‘(2) STATE REPRESENTATIVES.—A State in10 vestigative or law enforcement officer may, if author11 ized by a State statute, apply to a court of com12 petent jurisdiction of such State for an order or an

13 extension of an order under section 3129 of this title

14 authorizing the use of a clone pager.

15 ‘‘(b) CONTENTS OF APPLICATION.—An application

16 under subsection (a) of this section shall include—

17 ‘‘(1) the identity of the attorney for the Govern18 ment or the State law enforcement or investigative

19 officer making the application and the identity of the

20 law enforcement agency conducting the investiga21 tion;

22 ‘‘(2) the identity, if known, of the individual or

23 individuals using the numeric display paging device

24 to be cloned;

25 ‘‘(3) a description of the numeric display paging

26 device to be cloned;
95

S 5 IS1S

1 ‘‘(4) a description of the offense to which the

2 information likely to be obtained by the clone pager

3 relates;

4 ‘‘(5) the identity, if known, of the person who

5 is subject of the criminal investigation; and

6 ‘‘(6) an affidavit or affidavits, sworn to before

7 the court of competent jurisdiction, establishing

8 probable cause to believe that information relevant

9 to an ongoing criminal investigation being conducted

10 by that agency will be obtained through use of the

11 clone pager.

12 ‘‘§ 3129. Issuance of an order for use of a clone pager

13 ‘‘(a) IN GENERAL.—Upon an application made under

14 section 3128 of this title, the court shall enter an ex parte

15 order authorizing the use of a clone pager within the juris16 diction of the court if the court finds that the application

17 has established probable cause to believe that information

18 relevant to an ongoing criminal investigation being con19 ducted by that agency will be obtained through use of the

20 clone pager.

21 ‘‘(b) CONTENTS OF AN ORDER.—An order issued

22 under this section—

23 ‘‘(1) shall specify—
96

S 5 IS1S

1 ‘‘(A) the identity, if known, of the individ2 ual or individuals using the numeric display

3 paging device to be cloned;

4 ‘‘(B) the numeric display paging device to

5 be cloned;

6 ‘‘(C) the identity, if known, of the sub7 scriber to the pager service; and

8 ‘‘(D) the offense to which the information

9 likely to be obtained by the clone pager relates;

10 and

11 ‘‘(2) shall direct, upon the request of the appli12 cant, the furnishing of information, facilities, and

13 technical assistance necessary to use the clone pager

14 under section 3124 of this title.

15 ‘‘(c) TIME PERIOD AND EXTENSIONS.—

16 ‘‘(1) IN GENERAL.—An order issued under this

17 section shall authorize the use of a clone pager for

18 a period not to exceed 30 days. Such 30-day period

19 shall begin on the earlier of the day on which the

20 investigative or law enforcement officer first begins

21 use of the clone pager under the order or the tenth

22 day after the order is entered.

23 ‘‘(2) EXTENSIONS.—Extensions of an order

24 issued under this section may be granted, but only

25 upon an application for an order under section 3128
97

S 5 IS1S

1 of this title and upon the judicial finding required by

2 subsection (a). An extension under this paragraph

3 shall be for a period not to exceed 30 days.

4 ‘‘(3) REPORT.—Within a reasonable time after

5 the termination of the period of a clone pager order

6 or any extensions thereof under this subsection, the

7 applicant shall report to the issuing court the num8 ber of numeric pager messages acquired through the

9 use of the clone pager during such period.

10 ‘‘(d) NONDISCLOSURE OF EXISTENCE OF CLONE

11 PAGER.—An order authorizing the use of a clone pager

12 shall direct that—

13 ‘‘(1) the order shall be sealed until otherwise

14 ordered by the court; and

15 ‘‘(2) the person who has been ordered by the

16 court to provide assistance to the applicant may not

17 disclose the existence of the clone pager or the exist18 ence of the investigation to the listed subscriber, or

19 to any other person, until otherwise ordered by the

20 court.

21 ‘‘(e) NOTIFICATION.—Within a reasonable time, not

22 later than 90 days after the date of termination of the

23 period of a clone pager order or any extensions thereof,

24 the issuing judge shall cause to be served, on the individ-
98

S 5 IS1S

1 ual or individuals using the numeric display paging device

2 that was cloned, an inventory including notice of—

3 ‘‘(1) the fact of the entry of the order or the

4 application;

5 ‘‘(2) the date of the entry and the period of

6 clone pager use authorized, or the denial of the ap7 plication; and

8 ‘‘(3) whether or not information was obtained

9 through the use of the clone pager. Upon an ex10 parte showing of good cause, a court of competent

11 jurisdiction may in its discretion postpone the serv12 ing of the notice required by this section.’’.

13 (h) CLERICAL AMENDMENTS.—The table of sections

14 for chapter 206 of title 18, United States Code, is

15 amended—

16 (1) by striking the item relating to section 3121

17 and inserting the following:

‘‘3121. General prohibition on pen register, trap and trace device, and clone

pager use; exception.’’;

18 (2) by striking the items relating to sections

19 3124, 3125, and 3126 and inserting the following:

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

‘‘3125. Emergency pen register, trap and trace device, and clone pager installation and use.

‘‘3126. Reports concerning pen registers, trap and trace devices, and clone

pagers.’’; and

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

‘‘3128. Application for an order for use of a clone pager.

‘‘3129. Issuance of an order for use of a clone pager’’.
99

S 5 IS1S

1 (i) CONFORMING AMENDMENT.—Section 605(a) of

2 title 47, United States Code, is amended by striking

3 ‘‘chapter 119’’ and inserting ‘‘chapters 119 and 206’’.

4 Subtitle B—Methamphetamine Sen5 tencing Enhancement and Lab6 oratory Cleanup

7 SEC. 2101. EXPANDING CRIMINAL PENALTIES.

8 (a) SWIFT AND CERTAIN PUNISHMENT OF METH9 AMPHETAMINE LABORATORY OPERATORS.—

10 (1) FEDERAL SENTENCING GUIDELINES.—

11 (A) IN GENERAL.—Pursuant to its author12 ity under section 994(p) of title 28, United

13 States Code, the United States Sentencing

14 Commission shall promulgate Federal sentenc15 ing guidelines or amend existing Federal sen16 tencing guidelines for any offense relating to

17 the manufacture, attempt to manufacture, or

18 conspiracy to manufacture amphetamine or

19 methamphetamine in violation of the Controlled

20 Substances Act (21 U.S.C. 801 et seq.), the

21 Controlled Substances Import and Export Act

22 (21 U.S.C. 951 et seq.), or the Maritime Drug

23 Law Enforcement Act (46 U.S.C. App. 1901 et

24 seq.) in accordance with this paragraph.
100

S 5 IS1S

1 (B) REQUIREMENTS.—In carrying out this

2 paragraph, the United States Sentencing Com3 mission shall, with respect to each offense de4 scribed in subparagraph (A)—

5 (i) increase the base offense level for

6 the offense—

7 (I) by not less than 3 offense lev8 els above the applicable level in effect

9 on the date of enactment of this Act;

10 or

11 (II) if the resulting base offense

12 level after an increase under subclause

13 (II) would be less than level 27, to not

14 less than level 27; or

15 (ii) if the offense created a substantial

16 risk of danger to the health and safety of

17 another person (including any Federal,

18 State, or local law enforcement officer law19 fully present at the location of the offense),

20 increase the base offense level for the

21 offense—

22 (I) by not less than 6 offense lev23 els above the applicable level in effect

24 on the date of enactment of this Act;

25 or
101

S 5 IS1S

1 (II) if the resulting base offense

2 level after an increase under clause (i)

3 would be less than level 30, to not less

4 than level 30.

5 (C) EMERGENCY AUTHORITY TO SENTENC6 ING COMMISSION.—The United States Sentenc7 ing Commission shall promulgate the guidelines

8 or amendments provided for under this para9 graph as soon as practicable after the date of

10 enactment of this Act in accordance with the

11 procedure set forth in section 21(a) of the Sen12 tencing Act of 1987 (Public Law 100–182), as

13 though the authority under that Act had not

14 expired.

15 (2) EFFECTIVE DATE.—The amendments made

16 pursuant to this subsection shall apply with respect

17 to any offense occurring on or after the date that is

18 60 days after the date of enactment of this Act.

19 SEC. 2102. SENSE OF CONGRESS REGARDING METH20 AMPHETAMINE LABORATORY CLEANUP.

21 (a) FINDINGS.—Congress finds that—

22 (1) methamphetamine use is increasing;

23 (2) the production of methamphetamine is in24 creasingly taking place in laboratories located in

25 rural and urban areas;
102

S 5 IS1S

1 (3) this production involves dangerous and ex2 plosive chemicals that are dumped in an unsafe

3 manner; and

4 (4) the cost of cleaning up these productionsites

5 involves major financial burdens on State and local

6 law enforcement agencies.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that—

9 (1) the Administrator of the Drug Enforcement

10 Administration should develop a comprehensive plan

11 for addressing the need for the speedy and safe

12 clean up of methamphetamine laboratory sites; and

13 (2) the Federal Government should allocate suf14 ficient funding to pay for a comprehensive effort to

15 clean up methamphetamine laboratory sites.

16 Subtitle C—Powder Cocaine

17 Mandatory Minimum Sentencing

18 SEC. 2201. SENTENCING FOR VIOLATIONS INVOLVING CO19 CAINE POWDER.

20 (a) AMENDMENT OF CONTROLLED SUBSTANCES

21 ACT.—

22 (1) LARGE QUANTITIES.—Section

23 401(b)(1)(A)(ii) of the Controlled Substances Act

24 (21 U.S.C. 841(b)(1)(A)(ii)) is amended by striking

25 ‘‘5 kilograms’’ and inserting ‘‘500 grams’’.
103

S 5 IS1S

1 (2) SMALL QUANTITIES.—Section

2 401(b)(1)(B)(ii) of the Controlled Substances Act

3 (21 U.S.C. 841(b)(1)(B)(ii)) is amended by striking

4 ‘‘500 grams’’ and inserting ‘‘50 grams’’.

5 (b) AMENDMENT OF CONTROLLED SUBSTANCES IM6 PORT AND EXPORT ACT.—

7 (1) LARGE QUANTITIES.—Section

8 1010(b)(1)(B) of the Controlled Substances Import

9 and Export Act (21 U.S.C. 960(b)(1)(B)) is amend10 ed by striking ‘‘5 kilograms’’ and inserting ‘‘500

11 grams’’.

12 (2) SMALL QUANTITIES.—Section

13 1010(b)(2)(B) of the Controlled Substances Import

14 and Export Act (21 U.S.C. 960(b)(2)(B)) is amend15 ed by striking ‘‘500 grams’’ and inserting ‘‘50

16 grams’’.

17 (c) AMENDMENT OF SENTENCING GUIDELINES.—

18 Pursuant to section 994 of title 28, United States Code,

19 the United States Sentencing Commission shall amend the

20 Federal sentencing guidelines to reflect the amendments

21 made by this section.
104

S 5 IS1S

1 Subtitle D—Drug-Free Borders

2 SEC. 2301. INCREASED PENALTY FOR FALSE STATEMENT

3 OFFENSE.

4 Section 542 of title 18, United States Code, is

5 amended by striking ‘‘two years’’ and inserting ‘‘5 years’’.

6 SEC. 2302. INCREASED NUMBER OF BORDER PATROL

7 AGENTS.

8 Section 101(a) of the Illegal Immigration Reform and

9 Immigrant Responsibility Act of 1996 (Public Law 104–

10 208; 110 Stat. 3009–553) is amended to read as follows:

11 ‘‘(a) INCREASED NUMBER OF BORDER PATROL

12 AGENTS.—The Attorney General in each of fiscal years

13 2000, 2001, 2002, 2003, and 2004 shall increase by not

14 less than 1,500 the number of positions for full-time, ac15 tive-duty border patrol agents within the Immigration and

16 Naturalization Service above the number of such positions

17 for which funds were allotted for the preceding fiscal year,

18 to achieve a level of 15,000 positions by fiscal year 2004.’’.

19 SEC. 2303. ENHANCED BORDER PATROL PURSUIT POLICY.

20 A border patrol agent of the United States Border

21 Patrol may not cease pursuit of an alien who the agent

22 suspects has unlawfully entered the United States, or an

23 individual who the agent suspects has unlawfully imported

24 a narcotic into the United States, until State or local law

25 enforcement authorities are in pursuit of the alien or indi-
105

S 5 IS1S

1 vidual and have the alien or individual in their visual

2 range.

3 TITLE III—DEMAND REDUCTION

4 Subtitle A—Education, Prevention,

5 and Treatment

6 SEC. 3001. SENSE OF CONGRESS ON REAUTHORIZATION OF

7 SAFE AND DRUG-FREE SCHOOLS AND COM8 MUNITIES ACT OF 1994.

9 (a) FINDINGS.—Congress finds that—

10 (1) drug and alcohol use continue to plague the

11 Nation’s youth;

12 (2) approximately 5.6 percent of high school

13 seniors currently smoke marijuana daily;

14 (3) the American public has identified drugs as

15 the most serious problem facing its children today;

16 (4) delinquent behavior is clearly linked to the

17 frequency of marijuana use; and

18 (5) 89 percent of students in grades 6 through

19 12 say their teachers have taught them about the

20 dangers of drugs and alcohol.

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that Congress and the President should make the

23 reauthorization of the Safe and Drug-Free Schools and

24 Communities Act of 1994 a high priority for the 106th

25 Congress, and that such reauthorization should maintain
106

S 5 IS1S

1 substance abuse prevention as a major focus of the pro2 gram.

3 SEC. 3002. SENSE OF CONGRESS REGARDING REAUTHOR4 IZATION OF PREVENTION AND TREATMENT

5 PROGRAMS.

6 (a) FINDINGS.—Congress finds that—

7 (1) 34.8 percent of Americans 12 years of age

8 and older have used an illegal drug in their lifetime

9 and 90 percent of these individuals have used mari10 juana or hashish and approximately 30 percent have

11 tried cocaine;

12 (2) the number of teenagers using drugs has in13 creased significantly over the past 5 years;

14 (3) drug abuse is a health issue being faced in

15 every community, town, State and region of this

16 country;

17 (4) no one is immune from drug abuse, and

18 such abuse threatens Americans of every socio19 economic background, every educational level, and

20 every race and ethnic origin;

21 (5) in 1990 the United States spent

22 $67,000,000,000 on drug-related disorders including

23 health costs, the costs of crime, the costs of acci24 dents and other damages to individuals and prop-
107

S 5 IS1S

1 erty, and the costs of the loss of productivity and

2 premature death;

3 (6) comprehensive prevention activities can help

4 youth in saying no to drugs;

5 (7) there are over 6,000 community coalitions

6 throughout the nation helping the youth of America

7 choose a healthy life style;

8 (8) individuals with addictive disorders should

9 be held accountable for their actions and should be

10 offered treatment to help change destructive behav11 ior;

12 (9) a balanced approach to dealing with drug

13 abuse is needed in the United States between reduc14 ing the demand for drugs and the supply of those

15 drugs and a comprehensive plan for addressing drug

16 abuse will involve prevention, education and treat17 ment as well as law enforcement and interdiction;

18 and

19 (10) the Substance Abuse and Mental Health

20 Services Administration is the lead Federal agency

21 for substance abuse prevention and treatment initia22 tives.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that Congress and the President should—
108

S 5 IS1S

1 (1) make the reauthorization of Federal sub2 stance abuse prevention and treatment programs a

3 high priority for the 106th Congress; and

4 (2) provide more flexibility to States in the use

5 of Federal funds for provision of drug abuse preven6 tion and treatment services while holding States ac7 countable for their performance.

8 SEC. 3003. REPORT ON DRUG-TESTING TECHNOLOGIES.

9 (a) REQUIREMENT.—The National Institute on

10 Standards and Technology shall conduct a study of drug11 testing technologies in order to identify and assess the effi12 cacy, accuracy, and usefulness for purposes of the Na13 tional effort to detect the use of illicit drugs of any drug14 testing technologies (including the testing of hair) that

15 may be used as alternatives or complements to urinalysis

16 as a means of detecting the use of such drugs.

17 (b) REPORT.—Not later than 180 days after the date

18 of the enactment of this Act, the Institute shall submit

19 to Congress a report on the results of the study conducted

20 under subsection (a).

21 SEC. 3004. USE OF NATIONAL INSTITUTES OF HEALTH SUB22 STANCE ABUSE RESEARCH.

23 (a) NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

24 ALCOHOLISM.—Section 464H of the Public Health Serv25 ice Act (42 U.S.C. 285n) is amended—
109

S 5 IS1S

1 (1) by redesignating subsection (d) as sub2 section (e); and

3 (2) by inserting after subsection (c) the follow4 ing:

5 ‘‘(d) REQUIREMENT TO ENSURE THAT RESEARCH

6 AIDS PRACTITIONERS.—The Director, in conjunction with

7 the Director of the National Institute on Drug Abuse and

8 the Director of the Center for Substance Abuse Treat9 ment, shall—

10 ‘‘(1) ensure that the results of all current alco11 hol research that is set aside for services (and other

12 appropriate research with practical consequences) is

13 widely disseminated to treatment practitioners in an

14 easily understandable format;

15 ‘‘(2) ensure that such research results are dis16 seminated in a manner that provides easily under17 standable steps for the implementation of best prac18 tices based on the research; and

19 ‘‘(3) make technical assistance available to the

20 Center for Substance Abuse Treatment to assist al21 cohol and drug treatment practitioners to make per22 manent changes in treatment activities through the

23 use of successful treatment models.’’.
110

S 5 IS1S

1 (b) NATIONAL INSTITUTE ON DRUG ABUSE.—Sec2 tion 464L of the Public Health Service Act (42 U.S.C.

3 285o) is amended—

4 (1) by redesignating subsection (d) as sub5 section (e); and

6 (2) by inserting after subsection (c) the follow7 ing:

8 ‘‘(d) REQUIREMENT TO ENSURE THAT RESEARCH

9 AIDS PRACTITIONERS.—The Director, in conjunction with

10 the Director of the National Institute on Alcohol Abuse

11 and Alcoholism and the Director of the Center for Sub12 stance Abuse Treatment, shall—

13 ‘‘(1) ensure that the results of all current drug

14 abuse research that is set aside for services (and

15 other appropriate research with practical con16 sequences) is widely disseminated to treatment prac17 titioners in an easily understandable format;

18 ‘‘(2) ensure that such research results are dis19 seminated in a manner that provides easily under20 standable steps for the implementation of best prac21 tices based on the research; and

22 ‘‘(3) make technical assistance available to the

23 Center for Substance Abuse Treatment to assist al24 cohol and drug treatment practitioners to make per-
111

S 5 IS1S

1 manent changes in treatment activities through the

2 use of successful treatment models.’’.

3 SEC. 3005. NEEDLE EXCHANGE.

4 (a) PROHIBITION REGARDING ILLEGAL DRUGS AND

5 DISTRIBUTION OF HYPODERMIC NEEDLES.—Part B of

6 title II of the Public Health Service Act (42 U.S.C. 238

7 et seq.) is amended by adding at the end the following

8 section:

9 ‘‘PROHIBITION REGARDING ILLEGAL DRUGS AND

10 DISTRIBUTION OF HYPODERMIC NEEDLES

11 ‘‘SEC. 247. Notwithstanding any other provision of

12 law, none of the amounts made available under any Fed13 eral law for any fiscal year may be expended, directly or

14 indirectly, to carry out any program of distributing sterile

15 needles or syringes for the hypodermic injection of any ille16 gal drug.’’.

17 (b) CONFORMING AMENDMENT.—Section 506 of

18 Public Law 105–78 is repealed.

19 SEC. 3006. DRUG-FREE TEEN DRIVERS INCENTIVE.

20 (a) IN GENERAL.—The Secretary of Transportation

21 shall establish an incentive grant program for States to

22 assist the States in improving their laws relating to con23 trolled substances and driving.

24 (b) GRANT REQUIREMENTS.—To qualify for a grant

25 under subsection (a), a State shall carry out the following:
112

S 5 IS1S

1 (1) Enact, actively enforce, and publicize a law

2 that makes it illegal to drive in the State with any

3 measurable amount of an illegal controlled substance

4 in the driver’s body. An illegal controlled substance

5 is a controlled substance for which an individual

6 does not have a legal written prescription. An indi7 vidual who is convicted of such illegal driving shall

8 be referred to appropriate services, including inter9 vention, counselling, and treatment.

10 (2) Enact, actively enforce, and publicize a law

11 that makes it illegal to drive in the State when driv12 ing is impaired by the presence of any drug. The

13 State shall provide that in the enforcement of such

14 law, a driver shall be tested for the presence of a

15 drug when there is evidence of impaired driving and

16 a driver will have the driver’s license suspended. An

17 individual who is convicted of such illegal driving

18 shall be referred to appropriate services, including

19 intervention, counselling, and treatment.

20 (3) Enact, actively enforce, and publicize a law

21 that authorizes the suspension of a driver’s license

22 if the driver is convicted of any criminal offense re23 lating to drugs.

24 (4) Enact a law that provides that beginning

25 driver applicants and other individuals applying for
113

S 5 IS1S

1 or renewing a driver’s license will be provided infor2 mation about the laws referred to in paragraphs (1),

3 (2), and (3) and will be required to answer drug-re4 lated questions on their applications.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated $10,000,000 for each of fis7 cal years 2000 through 2004 to carry out this section.

8 SEC. 3007. DRUG-FREE SCHOOLS.

9 Congress finds that—

10 (1) the continued presence in schools of violent

11 students who are a threat to both teachers and other

12 students is incompatible with a safe learning envi13 ronment;

14 (2) unsafe school environments place students

15 who are already at risk of school failure for other

16 reasons in further jeopardy;

17 (3) recently, over one-fourth of high school stu18 dents surveyed reported being threatened at school;

19 (4) 2,000,000 more children are using drugs in

20 1997 than were doing so a few short years prior to

21 1997;

22 (5) more of our children are becoming involved

23 with hard drugs at earlier ages, as use of heroin and

24 cocaine by 8th graders has more than doubled since

25 1991; and
114

S 5 IS1S

1 (6) greater cooperation between schools, par2 ents, law enforcement, the courts, and the commu3 nity is essential to making our schools safe from

4 drugs and violence.

5 SEC. 3008. VICTIM AND WITNESS ASSISTANCE PROGRAMS

6 FOR TEACHERS AND STUDENTS.

7 (a) VICTIM COMPENSATION.—Section 1403 of the

8 Victims of Crime Act of 1984 (42 U.S.C. 10602) is

9 amended by adding at the end the following:

10 ‘‘(f) VICTIMS OF SCHOOL VIOLENCE.—

11 ‘‘(1) IN GENERAL.—Notwithstanding any other

12 provision of law, an eligible crime victim compensa13 tion program may expend funds appropriated under

14 paragraph (2) to offer compensation to elementary

15 and secondary school students or teachers who are

16 victims of elementary and secondary school violence

17 (as school violence is defined under applicable State

18 law).

19 ‘‘(2) FUNDING.—There is authorized to be ap20 propriated such sums as may be necessary to carry

21 out paragraph (1).’’.

22 (b) VICTIM AND WITNESS ASSISTANCE.—Section

23 1404(c) of the Victims of Crime Act of 1984 (42 U.S.C.

24 10603(c)) is amended by adding at the end the following:
115

S 5 IS1S

1 ‘‘(5) ASSISTANCE FOR VICTIMS OF AND WIT2 NESSES TO SCHOOL VIOLENCE.—Notwithstanding

3 any other provision of law, the Director may make

4 a grant under this section for a demonstration

5 project or for training and technical assistance serv6 ices to a program that—

7 ‘‘(A) assists State educational agencies and

8 local educational agencies (as the terms are de9 fined in section 14101 of the Elementary and

10 Secondary Education Act of 1965 (20 U.S.C.

11 8801)) in developing, establishing, and operat12 ing programs that are designed to protect vic13 tims of and witnesses to incidents of elementary

14 and secondary school violence (as school vio15 lence is defined under applicable State law), in16 cluding programs designed to protect witnesses

17 testifying in school disciplinary proceedings; or

18 ‘‘(B) supports a student safety toll-free

19 hotline that provides students and teachers in

20 elementary and secondary schools with con21 fidential assistance relating to the issues of

22 school crime, violence, drug dealing, and threats

23 to personal safety.’’.
116

S 5 IS1S

1 SEC. 3009. INNOVATIVE PROGRAMS TO PROTECT TEACH2 ERS AND STUDENTS.

3 (a) DEFINITIONS.—In this section:

4 (1) ELEMENTARY SCHOOL, LOCAL EDU5 CATIONAL AGENCY, SECONDARY SCHOOL, AND STATE

6 EDUCATIONAL AGENCY.—The terms ‘‘elementary

7 school’’, ‘‘local educational agency’’, ‘‘secondary

8 school’’, and ‘‘State educational agency’’ have the

9 meanings given the terms in section 14101 of the

10 Elementary and Secondary Education Act of 1965

11 (20 U.S.C. 8801).

12 (2) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of Education.

14 (b) AUTHORIZATION FOR REPORT CARDS ON

15 SCHOOLS.—

16 (1) IN GENERAL.—The Secretary is authorized

17 to award grants to States, State educational agen18 cies, and local educational agencies to develop, estab19 lish, or conduct innovative programs to improve un20 safe elementary schools or secondary schools.

21 (2) PRIORITY.—The Secretary shall give prior22 ity to awarding grants under paragraph (1) to—

23 (A) programs that provide parent and

24 teacher notification about incidents of physical

25 violence, weapon possession, or drug activity on
117

S 5 IS1S

1 school grounds as soon after the incident as

2 practicable;

3 (B) programs that provide to parents and

4 teachers an annual report regarding—

5 (i) the total number of incidents of

6 physical violence, weapon possession, and

7 drug activity on school grounds;

8 (ii) the percentage of students missing

9 10 or fewer days of school; and

10 (iii) a comparison, if available, to pre11 vious annual reports under this paragraph,

12 which comparison shall not involve a com13 parison of more than 5 such previous an14 nual reports; and

15 (C) programs to enhance school security

16 measures that may include—

17 (i) equipping schools with fences,

18 closed circuit cameras, and other physical

19 security measures;

20 (ii) providing increased police patrols

21 in and around elementary schools and sec22 ondary schools, including canine patrols;

23 and

24 (iii) mailings to parents at the begin25 ning of the school year stating that the
118

S 5 IS1S

1 possession of a gun or other weapon, or

2 the sale of drugs in school, will not be tol3 erated by school authorities.

4 (c) APPLICATION.—

5 (1) IN GENERAL.—Each State, State edu6 cational agency, or local educational agency desiring

7 a grant under this subchapter shall submit an appli8 cation to the Secretary at such time, in such man9 ner, and accompanied by such information as the

10 Secretary may require.

11 (2) CONTENTS.—Each application submitted

12 under paragraph (1) shall contain an assurance that

13 the State or agency has implemented or will imple14 ment policies that—

15 (A) provide protections for victims and wit16 nesses to school crime, including protections for

17 attendance at school disciplinary proceedings;

18 (B) expel students who, on school grounds,

19 sell drugs, or who commit a violent offense that

20 causes serious bodily injury of another student

21 or teacher; and

22 (C) require referral to law enforcement au23 thorities or juvenile authorities of any student

24 who on school grounds—
119

S 5 IS1S

1 (i) commits a violent offense resulting

2 in serious bodily injury; or

3 (ii) sells drugs.

4 (3) SPECIAL RULE.—For purposes of subpara5 graphs (B) and (C) of paragraph (2), State law shall

6 determine what constitutes a violent offense or seri7 ous bodily injury.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated such sums as may be nec10 essary to carry out this section.

11 (e) INNOVATIVE VOLUNTARY RANDOM DRUG TEST12 ING PROGRAMS.—Section 4116(b) of the Safe and Drug13 Free Schools and Communities Act of 1994 (20 U.S.C.

14 7116(b)) is amended—

15 (1) in paragraph (9), by striking ‘‘and’’ after

16 the semicolon;

17 (2) by redesignating paragraph (10) as para18 graph (11); and

19 (3) by inserting after paragraph (9) the follow20 ing:

21 ‘‘(10) innovative voluntary random drug testing

22 programs; and’’.
120

S 5 IS1S

1 Subtitle B—Drug-Free Families

2 SEC. 3101. SHORT TITLE.

3 This subtitle may be cited as the ‘‘Drug-Free Fami4 lies Act of 1999’’.

5 SEC. 3102. FINDINGS.

6 Congress makes the following findings:

7 (1) The National Institute on Drug Abuse esti8 mates that in 1962, less than one percent of the na9 tion’s adolescents had ever tried an illicit drug. By

10 1979, drug use among young people had escalated to

11 the highest levels in history: 34 percent of adoles12 cents (ages 12-17), 65 percent of high school seniors

13 (age 18), and 70 percent of young adults (ages 18-

14 25) had used an illicit drug in their lifetime.

15 (2) Drug use among young people was not con16 fined to initial trials. By 1979, 16 percent of adoles17 cents, 39 percent of high school seniors, and 38 per18 cent of young adults had used an illicit drug in the

19 past month. Moreover, one in nine high school sen20 iors used marijuana daily.

21 (3) In 1979, the year the largest number of

22 seniors used marijuana, their belief that marijuana

23 could hurt them was at its lowest (35 percent) since

24 surveys have tracked these measures.
121

S 5 IS1S

1 (4) Three forces appeared to be driving this es2 calation in drug use among children and young

3 adults. Between 1972 and 1978, a nationwide politi4 cal campaign conducted by drug legalization advo5 cates persuaded eleven state legislatures to ‘‘decrimi6 nalize’’ marijuana. (Many of those states have subse7 quently ‘‘recriminalized’’ the drug.) Such legislative

8 action reinforced advocates’ assertion that marijuana

9 was ‘‘relatively harmless.’’

10 (5) The decriminalization effort gave rise to the

11 emergence of ‘‘head shops’’ (shops for ‘‘heads,’’ or

12 drug users—‘‘coke heads,’’ ‘‘pot heads,’’ ‘‘acid

13 heads,’’ etc.) which sold drug paraphernalia—an

14 array of toys, implements, and instructional pam15 phlets and booklets to enhance the use of illicit

16 drugs. Some 30,000 such shops were estimated to be

17 doing business throughout the nation by 1978.

18 (6) In the absence of Federal funding for drug

19 education then, most of the drug education materials

20 that were available proclaimed that few illicit drugs

21 were addictive and most were ‘‘less harmful’’ than

22 alcohol and tobacco and therefore taught young peo23 ple how to use marijuana, cocaine, and other illicit

24 drugs ‘‘responsibly’’.
122

S 5 IS1S

1 (7) Between 1977 and 1980, three national

2 parent drug-prevention organizations—National

3 Families in Action, PRIDE, and the National Fed4 eration of Parents for Drug-Free Youth (now called

5 the National Family Partnership)—emerged to help

6 concerned parents form some 4,000 local parent pre7 vention groups across the nation to reverse all of

8 these trends in order to prevent children from using

9 drugs. Their work created what has come to be

10 known as the parents drug-prevention movement, or

11 more simply, the parent movement. This movement

12 set three goals: to prevent the use of any illegal

13 drug, to persuade those who had started using drugs

14 to stop, and to obtain treatment for those who had

15 become addicted so that they could return to drug16 free lives.

17 (8) The parent movement pursued a number of

18 objectives to achieve these goals. First, it helped par19 ents educate themselves about the harmful effects of

20 drugs, teach that information to their children, com21 municate that they expected their children not to use

22 drugs, and establish consequences if children failed

23 to meet that expectation. Second, it helped parents

24 form groups with other parents to set common age25 appropriate social and behavioral guidelines to pro-
123

S 5 IS1S

1 tect their children from exposure to drugs. Third, it

2 encouraged parents to insist that their communities

3 reinforce parents’ commitment to protect children

4 from drug use.

5 (9) The parent movement stopped further ef6 forts to decriminalize marijuana, both in the states

7 and at the Federal level.

8 (10) The parent movement worked for laws to

9 ban the sale of drug paraphernalia. If drugs were il10 legal, it made no sense to condone the sale of toys

11 and implements to enhance the use of illegal drugs,

12 particularly when those products targeted children.

13 As town, cities, counties, and states passed anti-par14 aphernalia laws, drug legalization organizations chal15 lenged their Constitutionality in Federal courts until

16 the early 1980’s, when the United States Supreme

17 Court upheld Nebraska’s law and established the

18 right of communities to ban the sale of drug para19 phernalia.

20 (11) The parent movement insisted that drug21 education materials convey a strong no-use message

22 in compliance with both the law and with medical

23 and scientific information that demonstrates that

24 drugs are harmful, particularly to young people.
124

S 5 IS1S

1 (12) The parent movement encouraged others

2 in society to join the drug prevention effort and

3 many did, from First Lady Nancy Reagan to the en4 tertainment industry, the business community, the

5 media, the medical community, the educational com6 munity, the criminal justice community, the faith

7 community, and local, state, and national political

8 leaders.

9 (13) The parent movement helped to cause

10 drug use among young people to peak in 1979. As

11 its efforts continued throughout the next decade,

12 and as others joined parents to expand the drug-pre13 vention movement, between 1979 and 1992 these

14 collaborative prevention efforts contributed to reduc15 ing monthly illicit drug use by two-thirds among

16 adolescents and young adults and reduced daily

17 marijuana use among high-school seniors from 10.7

18 percent to 1.9 percent. Concurrently, both the par19 ent movement and the larger prevention movement

20 that evolved throughout the 1980’s, working to21 gether, increased high school seniors’ belief that

22 marijuana could hurt them, from 35 percent in 1979

23 to 79 percent in 1991.

24 (14) Unfortunately, as drug use declined, most

25 of the 4,000 volunteer parents groups that contrib-
125

S 5 IS1S

1 uted to the reduction in drug use disbanded, having

2 accomplished the job they set out to do. But the ab3 sence of active parent groups left a vacuum that was

4 soon filled by a revitalized drug-legalization move5 ment. Proponents began advocating for the legaliza6 tion of marijuana for medicine, the legalization of all

7 Schedule I drugs for medicine, the legalization of

8 hemp for medicinal, industrial and recreational use,

9 and a variety of other proposals, all designed to ulti10 mately attack, weaken, and eventually repeal the na11 tion’s drug laws.

12 (15) Furthermore, legalization proponents are

13 also beginning to advocate for treatment that main14 tains addicts on the drugs to which they are ad15 dicted (heroin maintenance for heroin addicts, con16 trolled drinking for alcoholics, etc.), for teaching

17 school children to use drugs ‘‘responsibly,’’ and for

18 other measures similar to those that produced the

19 drug epidemic among young people in the 1970’s.

20 (16) During the 1990’s, the message embodied

21 in all of this activity has once again driven down

22 young people’s belief that drugs can hurt them. As

23 a result, the reductions in drug use that occurred

24 over 13 years reversed in 1992, and adolescent drug

25 use has more than doubled.
126

S 5 IS1S

1 (17) Today’s parents are almost universally in

2 the workplace and do not have time to volunteer.

3 Many families are headed by single parents. In some

4 families no parents are available, and grandparents,

5 aunts, uncles, or foster parents are raising the fami6 ly’s children.

7 (18) Recognizing that these challenges make it

8 much more difficult to reach parents today, several

9 national parent and family drug-prevention organi10 zations have formed the Parent Collaboration to ad11 dress these issues in order to build a new parent and

12 family movement to prevent drug use among chil13 dren.

14 (19) Motivating parents and parent groups to

15 coordinate with local community anti-drug coalitions

16 is a key goal of the Parent Collaboration, as well as

17 coordinating parent and family drug-prevention ef18 forts with Federal, State, and Local governmental

19 and private agencies and political, business, medical

20 and scientific, educational, criminal justice, religious,

21 and media and entertainment industry leaders.

22 SEC. 3103. PURPOSES.

23 The purposes of this subtitle are to—
127

S 5 IS1S

1 (1) build a movement to help parents and fami2 lies prevent drug use among their children and ado3 lescents;

4 (2) help parents and families reduce drug abuse

5 and drug addiction among adolescents who are al6 ready using drugs, and return them to drug-free

7 lives;

8 (3) increase young people’s perception that

9 drugs are harmful to their health, well-being, and

10 ability to function successfully in life;

11 (4) help parents and families educate society

12 that the best way to protect children from drug use

13 and all of its related problems is to convey a clear,

14 consistent, no-use message;

15 (5) strengthen coordination, cooperation, and

16 collaboration between parents and families and all

17 others who are interested in protecting children from

18 drug use and all of its related problems;

19 (6) help parents strengthen their families,

20 neighborhoods, and school communities to reduce

21 risk factors and increase protective factors to ensure

22 the healthy growth of children; and

23 (7) provide resources in the fiscal year 2000

24 Federal drug control budget for a grant to the Par25 ent Collaboration to conduct a national campaign to
128

S 5 IS1S

1 mobilize today’s parents and families through the

2 provision of information, training, technical assist3 ance, and other services to help parents and families

4 prevent drug use among their children and to build

5 a new parent and family drug-prevention movement.

6 SEC. 3104. DEFINITIONS.

7 In this subtitle:

8 (1) ADMINISTRATIVE COSTS.—The term ‘‘ad9 ministrative costs’’ means to those costs that the as10 signed Federal agency will incur to administer the

11 grant to the Parent Collaboration.

12 (2) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Drug En14 forcement Administration.

15 (3) NO-USE MESSAGE.—The term ‘‘no-use mes16 sage’’ means no use of any illegal drug and no illegal

17 use of any legal drug or substance that is sometimes

18 used illegally, such as prescription drugs, inhalants,

19 and alcohol and tobacco for children and adolescents

20 under the legal purchase age.

21 (4) PARENT COLLABORATION.—The term ‘‘Par22 ent Collaboration’’ means the legal entity, which is

23 exempt from income taxation under section

24 501(c)(3) of the Internal Revenue Code of 1986, es25 tablished by National Families in Action, National
129

S 5 IS1S

1 Asian Pacific American Families Against Substance

2 Abuse, African American Parents for Drug Preven3 tion, National Association for Native American Chil4 dren of Alcoholics, and the National Hispano/Latino

5 Community Prevention Network and other groups,

6 that—

7 (A) have a primary mission of helping par8 ents prevent drug use, drug abuse, and drug

9 addiction among their children, their families,

10 and their communities;

11 (B) have carried out this mission for a

12 minimum of 5 consecutive years; and

13 (C) base their drug-prevention missions on

14 the foundation of a strong, no-use message in

15 compliance with international, Federal, State,

16 and local treaties and laws that prohibit the

17 possession, production, cultivation, distribution,

18 sale, and trafficking in illicit drugs;

19 in order to build a new parent and family movement

20 to prevent drug use among children and adolescents

21 SEC. 3105. ESTABLISHMENT OF DRUG-FREE FAMILIES SUP22 PORT PROGRAM.

23 (a) IN GENERAL.—The Administrator shall make a

24 grant to the Parent Collaboration to conduct a national

25 campaign to build a new parent and family movement to
130

S 5 IS1S

1 help parents and families prevent drug abuse among their

2 children.

3 (c) TERMINATION.—The period of this grant under

4 this section shall be 5 years.

5 SEC. 3106. AUTHORIZATION OF APPROPRIATIONS.

6 (a) IN GENERAL.—There is authorized to be appro7 priated to carry out this subtitle $5,000,000 for each of

8 fiscal years 2000 through 2004 for a grant to the Parent

9 Collaboration to conduct the national campaign to mobi10 lize parents and families.

11 (b) ADMINISTRATIVE COSTS.—Not more than 5 per12 cent of the total amount made available under subsection

13 (a) in each fiscal year may be used to pay administrative

14 costs of the Parent Collaboration.

15 TITLE IV—FUNDING FOR

16 UNITED STATES COUNTER17 DRUG ENFORCEMENT AGEN18 CIES

19 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

20 (a) DRUG ENFORCEMENT AND OTHER NONCOMMER21 CIAL OPERATIONS.—Subparagraphs (A) and (B) of sec22 tion 301(b)(1) of the Customs Procedural Reform and

23 Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and

24 (B)) are amended to read as follows:

25 ‘‘(A) $997,300,584 for fiscal year 2000.
131

S 5 IS1S

1 ‘‘(B) $1,100,818,328 for fiscal year

2 2001.’’.

3 (b) COMMERCIAL OPERATIONS.—Clauses (i) and (ii)

4 of section 301(b)(2)(A) of such Act (19 U.S.C.

5 2075(b)(2)(A)(i) and (ii)) are amended to read as follows:

6 ‘‘(i) $990,030,000 for fiscal year 2000.

7 ‘‘(ii) $1,009,312,000 for fiscal year

8 2001.’’.

9 (c) AIR AND MARINE INTERDICTION.—Subpara10 graphs (A) and (B) of section 301(b)(3) of such Act (19

11 U.S.C. 2075(b)(3)(A) and (B)) are amended to read as

12 follows:

13 ‘‘(A) $229,001,000 for fiscal year 2000.

14 ‘‘(B) $176,967,000 for fiscal year 2001.’’.

15 (d) SUBMISSION OF OUT-YEAR BUDGET PROJEC16 TIONS.—Section 301(a) of such Act (19 U.S.C. 2075(a))

17 is amended by adding at the end the following:

18 ‘‘(3) Not later than the date on which the President

19 submits to Congress the budget of the United States Gov20 ernment for a fiscal year, the Commissioner of Customs

21 shall submit to the Committee on Ways and Means of the

22 House of Representatives and the Committee on Finance

23 of the Senate the projected amount of funds for the suc24 ceeding fiscal year that will be necessary for the operations

25 of the Customs Service as provided for in subsection (b).’’.
132

S 5 IS1S

1 SEC. 4002. CARGO INSPECTION AND NARCOTICS DETEC2 TION EQUIPMENT.

3 (a) FISCAL YEAR 2000.—Of the amounts made avail4 able for fiscal year 2000 under section 301(b)(1)(A) of

5 the Customs Procedural Reform and Simplification Act of

6 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section

7 4001(a) of this title, $100,036,000 shall be available until

8 expended for acquisition and other expenses associated

9 with implementation and deployment of narcotics detec10 tion equipment along the United States-Mexico border, the

11 United States-Canada border, and Florida and the Gulf

12 Coast seaports, as follows:

13 (1) UNITED STATES-MEXICO BORDER.—For the

14 United States-Mexico border, the following:

15 (A) $6,000,000 for 8 Vehicle and Con16 tainer Inspection Systems (VACIS).

17 (B) $11,000,000 for 5 mobile truck x-rays

18 with transmission and backscatter imaging.

19 (C) $12,000,000 for the upgrade of 8

20 fixed-site truck x-rays from the present energy

21 level of 450,000 electron volts to 1,000,000

22 electron volts (1–MeV).

23 (D) $7,200,000 for 8 1–MeV pallet x-rays.

24 (E) $1,000,000 for 200 portable contra25 band detectors (busters) to be distributed
133

S 5 IS1S

1 among ports where the current allocations are

2 inadequate.

3 (F) $600,000 for 50 contraband detection

4 kits to be distributed among all southwest bor5 der ports based on traffic volume.

6 (G) $500,000 for 25 ultrasonic container

7 inspection units to be distributed among all

8 ports receiving liquid-filled cargo and to ports

9 with a hazardous material inspection facility.

10 (H) $2,450,000 for 7 automated targeting

11 systems.

12 (I) $360,000 for 30 rapid tire deflator sys13 tems to be distributed to those ports where port

14 runners are a threat.

15 (J) $480,000 for 20 portable Treasury En16 forcement Communications Systems (TECS)

17 terminals to be moved among ports as needed.

18 (K) $1,000,000 for 20 remote watch sur19 veillance camera systems at ports where there

20 are suspicious activities at loading docks, vehi21 cle queues, secondary inspection lanes, or areas

22 where visual surveillance or observation is ob23 scured.
134

S 5 IS1S

1 (L) $1,254,000 for 57 weigh-in-motion

2 sensors to be distributed among the ports with

3 the greatest volume of outbound traffic.

4 (M) $180,000 for 36 AM traffic informa5 tion radio stations, with 1 station to be located

6 at each border crossing.

7 (N) $1,040,000 for 260 inbound vehicle

8 counters to be installed at every inbound vehicle

9 lane.

10 (O) $950,000 for 38 spotter camera sys11 tems to counter the surveillance of customs in12 spection activities by persons outside the bound13 aries of ports where such surveillance activities

14 are occurring.

15 (P) $390,000 for 60 inbound commercial

16 truck transponders to be distributed to all ports

17 of entry.

18 (Q) $1,600,000 for 40 narcotics vapor and

19 particle detectors to be distributed to each bor20 der crossing.

21 (R) $400,000 for license plate reader auto22 matic targeting software to be installed at each

23 port to target inbound vehicles.

24 (S) $1,000,000 for a demonstration site

25 for a high-energy relocatable rail car inspection
135

S 5 IS1S

1 system with an x-ray source switchable from

2 2,000,000 electron volts (2–MeV) to 6,000,000

3 electron volts (6–MeV) at a shared Department

4 of Defense testing facility for a two-month test5 ing period.

6 (2) UNITED STATES-CANADA BORDER.—For the

7 United States-Canada border, the following:

8 (A) $3,000,000 for 4 Vehicle and Con9 tainer Inspection Systems (VACIS).

10 (B) $8,800,000 for 4 mobile truck x-rays

11 with transmission and backscatter imaging.

12 (C) $3,600,000 for 4 1–MeV pallet x-rays.

13 (D) $250,000 for 50 portable contraband

14 detectors (busters) to be distributed among

15 ports where the current allocations are inad16 equate.

17 (E) $300,000 for 25 contraband detection

18 kits to be distributed among ports based on

19 traffic volume.

20 (F) $240,000 for 10 portable Treasury

21 Enforcement Communications Systems (TECS)

22 terminals to be moved among ports as needed.

23 (G) $400,000 for 10 narcotics vapor and

24 particle detectors to be distributed to each bor25 der crossing based on traffic volume.
136

S 5 IS1S

1 (H) $600,000 for 30 fiber optic scopes.

2 (I) $250,000 for 50 portable contraband

3 detectors (busters) to be distributed among

4 ports where the current allocations are inad5 equate.

6 (J) $3,000,000 for 10 x-ray vans with par7 ticle detectors.

8 (K) $40,000 for 8 AM loop radio systems.

9 (L) $400,000 for 100 vehicle counters.

10 (M) $1,200,000 for 12 examination tool

11 trucks.

12 (N) $2,400,000 for 3 dedicated commuter

13 lanes.

14 (O) $1,050,000 for 3 automated targeting

15 systems.

16 (P) $572,000 for 26 weigh-in-motion sen17 sors.

18 (Q) $480,000 for 20 portable Treasury

19 Enforcement Communication Systems (TECS).

20 (3) FLORIDA AND GULF COAST SEAPORTS.—

21 For Florida and the Gulf Coast seaports, the follow22 ing:

23 (A) $4,500,000 for 6 Vehicle and Con24 tainer Inspection Systems (VACIS).
137

S 5 IS1S

1 (B) $11,800,000 for 5 mobile truck x-rays

2 with transmission and backscatter imaging.

3 (C) $7,200,000 for 8 1–MeV pallet x-rays.

4 (D) $250,000 for 50 portable contraband

5 detectors (busters) to be distributed among

6 ports where the current allocations are inad7 equate.

8 (E) $300,000 for 25 contraband detection

9 kits to be distributed among ports based on

10 traffic volume.

11 (b) FISCAL YEAR 2001.—Of the amounts made avail12 able for fiscal year 2001 under section 301(b)(1)(B) of

13 the Customs Procedural Reform and Simplification Act of

14 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section

15 4001(a) of this title, $9,923,500 shall be for the mainte16 nance and support of the equipment and training of per17 sonnel to maintain and support the equipment described

18 in subsection (a).

19 (c) ACQUISITION OF TECHNOLOGICALLY SUPERIOR

20 EQUIPMENT; TRANSFER OF FUNDS.—

21 (1) IN GENERAL.—The Commissioner of Cus22 toms may use amounts made available for fiscal year

23 2000 under section 301(b)(1)(A) of the Customs

24 Procedural Reform and Simplification Act of 1978

25 (19 U.S.C. 2075(b)(1)(A)), as amended by section
138

S 5 IS1S

1 4001(a) of this title, for the acquisition of equip2 ment other than the equipment described in sub3 section (a) if such other equipment—

4 (A)(i) is technologically superior to the

5 equipment described in subsection (a); and

6 (ii) will achieve at least the same results at

7 a cost that is the same or less than the equip8 ment described in subsection (a); or

9 (B) can be obtained at a lower cost than

10 the equipment described in subsection (a).

11 (2) TRANSFER OF FUNDS.—Notwithstanding

12 any other provision of this section, the Commissioner

13 of Customs may reallocate an amount not to exceed

14 10 percent of—

15 (A) the amount specified in any of sub16 paragraphs (A) through (R) of subsection

17 (a)(1) for equipment specified in any other of

18 such subparagraphs (A) through (R);

19 (B) the amount specified in any of sub20 paragraphs (A) through (Q) of subsection

21 (a)(2) for equipment specified in any other of

22 such subparagraphs (A) through (Q); and

23 (C) the amount specified in any of sub24 paragraphs (A) through (E) of subsection
139

S 5 IS1S

1 (a)(3) for equipment specified in any other of

2 such subparagraphs (A) through (E).

3 SEC. 4003. PEAK HOURS AND INVESTIGATIVE RESOURCE

4 ENHANCEMENT.

5 Of the amounts made available for fiscal years 2000

6 and 2001 under subparagraphs (A) and (B) of section

7 301(b)(1) of the Customs Procedural Reform and Sim8 plification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and

9 (B)), as amended by section 4001(a) of this title,

10 $159,557,000, including $5,673,600, until expended, for

11 investigative equipment, for fiscal year 2000 and

12 $220,351,000 for fiscal year 2001 shall be available for

13 the following:

14 (1) A net increase of 535 inspectors, 120 spe15 cial agents, and 10 intelligence analysts for the

16 United States-Mexico border and 375 inspectors for

17 the United States-Canada border, in order to open

18 all primary lanes on such borders during peak hours

19 and enhance investigative resources.

20 (2) A net increase of 285 inspectors and canine

21 enforcement officers to be distributed at large cargo

22 facilities as needed to process and screen cargo (in23 cluding rail cargo) and reduce commercial waiting

24 times on the United States-Mexico border and a net

25 increase of 125 inspectors to be distributed at large
140

S 5 IS1S

1 cargo facilities as needed to process and screen

2 cargo (including rail cargo) and reduce commercial

3 waiting times on the United States-Canada border.

4 (3) A net increase of 40 inspectors at sea ports

5 in southeast Florida to process and screen cargo.

6 (4) A net increase of 70 special agent positions,

7 23 intelligence analyst positions, 9 support staff,

8 and the necessary equipment to enhance investiga9 tion efforts targeted at internal conspiracies at the

10 Nation’s seaports.

11 (5) A net increase of 360 special agents, 30 in12 telligence analysts, and additional resources to be

13 distributed among offices that have jurisdiction over

14 major metropolitan drug or narcotics distribution

15 and transportation centers for intensification of ef16 forts against drug smuggling and money laundering

17 organizations.

18 (6) A net increase of 2 special agent positions

19 to re-establish a Customs Attache office in Nassau.

20 (7) A net increase of 62 special agent positions

21 and 8 intelligence analyst positions for maritime

22 smuggling investigations and interdiction operations.

23 (8) A net increase of 50 positions and addi24 tional resources to the Office of Internal Affairs to
141

S 5 IS1S

1 enhance investigative resources for anticorruption ef2 forts.

3 (9) The costs incurred as a result of the in4 crease in personnel hired pursuant to this section.

5 SEC. 4004. AIR AND MARINE OPERATION AND MAINTE6 NANCE FUNDING.

7 (a) FISCAL YEAR 2000.—Of the amounts made avail8 able for fiscal year 2000 under subparagraphs (A) and

9 (B) of section 301(b)(3) of the Customs Procedural Re10 form and Simplification Act of 1978 (19 U.S.C.

11 2075(b)(3) (A) and (B)) as amended by section 4001(c)

12 of this title, $130,513,000 shall be available until ex13 pended for the following:

14 (1) $96,500,000 for Customs aircraft restora15 tion and replacement initiative.

16 (2) $15,000,000 for increased air interdiction

17 and investigative support activities.

18 (3) $19,013,000 for marine vessel replacement

19 and related equipment.

20 (b) FISCAL YEAR 2001.—Of the amounts made avail21 able for fiscal year 2001 under subparagraphs (A) and

22 (B) of section 301(b)(3) of the Customs Procedural Re23 form and Simplification Act of 1978 (19 U.S.C.

24 2075(b)(3) (A) and (B)) as amended by section 4001(c)
142

S 5 IS1S

1 of this title, $75,524,000 shall be available until expended

2 for the following:

3 (1) $36,500,000 for Customs Service aircraft

4 restoration and replacement.

5 (2) $15,000,000 for increased air interdiction

6 and investigative support activities.

7 (3) $24,024,000 for marine vessel replacement

8 and related equipment.

9 SEC. 4005. COMPLIANCE WITH PERFORMANCE PLAN RE10 QUIREMENTS.

11 As part of the annual performance plan for each of

12 the fiscal years 2000 and 2001 covering each program ac13 tivity set forth in the budget of the United States Customs

14 Service, as required under section 1115 of title 31, United

15 States Code, the Commissioner of Customs shall establish

16 performance goals and performance indicators, and com17 ply with all other requirements contained in paragraphs

18 (1) through (6) of subsection (a) of such section with re19 spect to each of the activities to be carried out pursuant

20 to sections 1002 and 1003 of this title.

21 SEC. 4006. COMMISSIONER OF CUSTOMS SALARY.

22 (a) IN GENERAL.—

23 (1) Section 5315 of title 5, United States Code,

24 is amended by striking the following item:
143

S 5 IS1S

1 ‘‘Commissioner of Customs, Department of

2 Treasury.’’.

3 (2) Section 5314 of title 5, United States Code,

4 is amended by inserting the following item:

5 ‘‘Commissioner of Customs, Department of

6 Treasury.’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 this section shall apply to fiscal year 2000 and thereafter.

9 SEC. 4007. PASSENGER PRECLEARANCE SERVICES.

10 (a) CONTINUATION OF PRECLEARANCE SERVICES.—

11 Notwithstanding section 13031(f) of the Consolidated

12 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.

13 58c(f)) or any other provision of law, the Customs Service

14 shall, without regard to whether a passenger processing

15 fee is collected from a person departing for the United

16 States from Canada and without regard to whether funds

17 are appropriated pursuant to subsection (b), provide the

18 same level of enhanced preclearance customs services for

19 passengers arriving in the United States aboard commer20 cial aircraft originating in Canada as the Customs Service

21 provided for such passengers during fiscal year 1997.

22 (b) AUTHORIZATION OF APPROPRIATIONS FOR

23 PRECLEARANCE SERVICES.—Notwithstanding section

24 13031(f) of the Consolidated Omnibus Budget Reconcili25 ation Act of 1985 (19 U.S.C. 58c(f)) or any other provi-
144

S 5 IS1S

1 sion of law, there are authorized to be appropriated, from

2 the date of enactment of this Act through September 30,

3 2001, such sums as may be necessary for the Customs

4 Service to ensure that it will continue to provide the same,

5 and where necessary increased, levels of enhanced

6 preclearance customs services as the Customs Service pro7 vided during fiscal year 1997, in connection with the arriv8 al in the United States of passengers aboard commercial

9 aircraft whose flights originated in Canada.

10 Subtitle B—United States Coast

11 Guard

12 SEC. 4101. ADDITIONAL FUNDING FOR OPERATION AND

13 MAINTENANCE.

14 In addition to amounts to be appropriated for the

15 United States Coast Guard for fiscal year 2000, there is

16 authorized to be appropriated $100,000,000 for each of

17 fiscal years 2000 and 2001 for operation and mainte18 nance.

19 Subtitle C—Drug Enforcement

20 Administration

21 SEC. 4201. ADDITIONAL FUNDING FOR COUNTER22 NARCOTICS AND INFORMATION SUPPORT OP23 ERATIONS.

24 In addition to amounts to be appropriated for the

25 Drug Enforcement Administration for fiscal year 2000,
145

S 5 IS1S

1 there is authorized to be appropriated $120,000,000 for

2 fiscal year 2000 for counternarcotics and information sup3 port operations.

4 Subtitle D—Department of the

5 Treasury

6 SEC. 4301. ADDITIONAL FUNDING FOR COUNTER-DRUG IN7 FORMATION SUPPORT.

8 In addition to the other amounts to be appropriated

9 for the Department of the Treasury for fiscal year 2000,

10 there is authorized to be appropriated $50,000,000 for

11 each of the fiscal years 2000 and 2001 for counter12 narcotics, information support, and money laundering ef13 forts.

14 Subtitle E—Department of Defense

15 SEC. 4401. ADDITIONAL FUNDING FOR EXPANSION OF

16 COUNTERNARCOTICS ACTIVITIES.

17 In addition to other amounts to be appropriated for

18 the Department of Defense for fiscal year 2000, there is

19 authorized to be appropriated $200,000,000 for each of

20 fiscal years 2000 and 2001 to be used to expand activities

21 to stop the flow of illegal drugs into the United States.

22 SEC. 4402. FORWARD MILITARY BASE FOR COUNTER23 NARCOTICS MATTERS.

24 (a) The Secretary of the Air Force may acquire real

25 property and carry out military construction projects in
146

S 5 IS1S

1 the amount of $300,000,000 to establish an air base, or

2 air bases for use for support of counternarcotics oper3 ations in the areas of the southern Caribbean Sea, north4 ern South America, and the eastern Pacific Ocean, to be

5 located in Latin America or the area of the Caribbean Sea,

6 or both.

7 (b) There is authorized to be appropriated such sums

8 as may be necessary for fiscal year 2000, and any succeed9 ing fiscal year, for military construction and land acquisi10 tion for an airbase referred to subsection (a).

11 SEC. 4403. EXPANSION OF RADAR COVERAGE AND OPER12 ATION IN SOURCE AND TRANSIT COUNTRIES.

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated for the Department of De15 fense for fiscal year 2000, $100,000,000 for purposes of

16 the procurement of a Relocatable Over the Horizon Radar

17 (ROTHR) to be located in South America.

18 (b) AUTHORIZATION TO LOCATE.—The Relocatable

19 Over the Horizon Radar procured pursuant to the author20 ization of appropriations in subsection (a) may be located

21 at a location in South America that is suitable for pur22 poses of providing enhanced radar coverage of narcotics

23 source zone countries in South America.
147

S 5 IS1S

1 SEC. 4404. SENSE OF CONGRESS REGARDING FUNDING

2 UNDER WESTERN HEMISPHERE DRUG ELIMI3 NATION ACT.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) Teenage drug use in the United States has

7 doubled since 1993.

8 (2) The drug crisis facing the United States

9 poses a paramount threat to the national security in10 terests of the United States.

11 (3) The trans-shipment of illicit drugs through

12 United States borders cannot be halted without an

13 effective drug interdiction strategy.

14 (4) The Clinton Administration has placed a

15 low priority on efforts to reduce the supply of illicit

16 drugs, and the seizure of such drugs by the Coast

17 Guard and other Federal agencies has decreased, as

18 is evidenced by a 68 percent decrease in the pounds

19 of cocaine seized by such agencies between 1991 and

20 1996.

21 (5) The Western Hemisphere Drug Elimination

22 Act was enacted into law on October 19, 1998.

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that—

25 (1) the President should allocate funds appro26 priated for fiscal year 1999 pursuant to the author-
148

S 5 IS1S

1 izations of appropriations for that fiscal year in the

2 Western Hemisphere Drug Elimination Act in order

3 to carry out fully the purposes of that Act during

4 that fiscal year; and

5 (2) the President should include with the budg6 ets for fiscal years 2000 and 2001 that are submit7 ted to Congress under section 1105 of title 31,

8 United States Code, a request for funds for such fis9 cal years in accordance with the authorizations of

10 appropriations for such fiscal years in that Act.

11 SEC. 4405. SENSE OF CONGRESS REGARDING THE PRIOR12 ITY OF THE DRUG INTERDICTION AND

13 COUNTERDRUG ACTIVITIES OF THE DEPART14 MENT OF DEFENSE.

15 It is the sense of Congress that the Secretary of De16 fense should revise the Global Military Force Policy of the

17 Department of Defense in order—

18 (1) to treat the international drug interdiction

19 and counterdrug activities of the Department as a

20 military operation other than war, thereby elevating

21 the priority given such activities under the Policy to

22 the next priority below the priority given to war

23 under the Policy and to the same priority given to

24 peacekeeping operations under the Policy; and
149

S 5 IS1S

1 (2) to allocate the assets of the Department to

2 such activities in accordance with the priority given

3 such activities under the revised Policy.

Æ