II 

110TH CONGRESS 

1ST SESSION S. 1860 

To control violent crime. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2007 

Mr. CORNYN (for himself and Mr. KYL) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To control violent crime. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Violent Crime Control 

5 Act of 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—VIOLENT CRIME PREVENTION AND ENFORCEMENT 

Subtitle A—Improving Violent Crime Prevention and Strengthening Antigang 

Measures 

Sec. 101. Amendments relating to violent crime. 

Sec. 102. Possession of firearms by dangerous felons. 


bajohnson on PROD1PC69 with BILLS
2 

•S 1860 IS

Sec. 103. Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec. 104. Conforming amendment. 

Sec. 105. Increased penalties for interstate and foreign travel or transportation 

in aid of racketeering. 

Sec. 106. Increased penalties for use of interstate commerce facilities in the 

commission of murder-for-hire and other felony crimes of violence. 

Sec. 107. Statute of limitations for violent crime. 

Sec. 108. Statute of limitations for terrorism offenses. 

Sec. 109. Crimes of violence and drug crimes committed by illegal aliens. 

Subtitle B—Death Penalty Procedures Improvement Act 

Sec. 121. Short title. 

Sec. 122. Elimination of death penalty hearing discrepancies. 

Sec. 123. Amendments relating to section 3593 of title 18. 

Sec. 124. Amendments relating to section 3592 of title 18. 

Sec. 125. Amendments relating to section 3594 of title 18. 

Sec. 126. Amendments relating to sections 3596 and 3597 of title 18. 

Subtitle C—Clarifying the Authority To Issue Cell Location Orders 

Sec. 131. Amendment to section 2703 of title 18 to clarify ongoing scope of orders and warrants. 

Sec. 132. Pen register and trap and trace amendment. 

Sec. 133. Amendment to mobile tracking devices statute. 

Sec. 134. Amendment to Communications Assistance for Law Enforcement Act. 

TITLE II—ENDING DEMAND FOR CHILD PORNOGRAPHY AND 

CHILD SEXUAL EXPLOITATION 

Sec. 201. Mandatory minimum for possession of child pornography. 

Sec. 202. Strengthening section 13032 of title 42, United States Code, to ensure that child pornography is effectively reported. 

Sec. 203. Conspiracy provision for chapter 77 offenses. 

Sec. 204. Amend definition of illicit sexual conduct. 

Sec. 205. Expand the use of the sex trafficking statute. 

Sec. 206. Increased penalties for sexual exploitation of children. 

Sec. 207. Increased penalties for activities relating to material involving the 

sexual exploitation of children. 

Sec. 208. Increased penalties for activities relating to material constituting or 

containing child pornography. 

Sec. 209. Additional resources for the Innocent Images National Initiative. 

TITLE III—THE PROCEEDS OF CRIME ACT 

Sec. 301. Short title. 

Subtitle A—Property Subject to Forfeiture to the United States 

Sec. 302. Additions to the general forfeiture statute. 

Sec. 303. Drugs and money laundering. 

Sec. 304. Alien smuggling. 

Sec. 305. Food stamp fraud. 

Sec. 306. Devices used to create or replicate counterfeit computer software. 

Sec. 307. Property used to escape Federal custody or remain a fugitive. 


bajohnson on PROD1PC69 with BILLS
3 

•S 1860 IS

Sec. 308. Copyright violations. 

Sec. 309. Trade secrets. 

Sec. 310. Contraband cigarettes. 

Sec. 311. Recently enacted title 31 violations. 

Sec. 312. Archaeological Resources Protection Act. 

Sec. 313. Computer fraud. 

Sec. 314. False impersonation. 

Sec. 315. Conspiracies involving trafficking in persons. 

Subtitle B—Money Laundering 

Sec. 321. Interstate transportation of criminal proceeds and ‘‘reverse’’ money 

laundering. 

Sec. 322. Freezing bank accounts of persons arrested for offenses involving the 

movement of money across international borders. 

Sec. 323. Procedure for issuing subpoenas in certain money laundering and forfeiture cases. 

Sec. 324. Using blank checks in bearer form to smuggle money. 

Sec. 325. Treating electronic funds as fungible property. 

Sec. 326. Bulk cash smuggling. 

Sec. 327. Making the international money laundering statute apply to tax evasion. 

Sec. 328. Prohibiting money laundering through hawalas, other informal value 

transfer systems, and closely related transactions. 

Sec. 329. Section 1957 violations involving commingled funds and structured 

transactions. 

Sec. 330. Charging money laundering as a course of conduct. 

Sec. 331. Knowledge that the property is the proceeds of a specific felony. 

Sec. 332. Other specified activity for money laundering. 

Sec. 333. Illegal money transmitting businesses. 

Sec. 334. Technical correction to the USA Patriot Act. 

Sec. 335. Technical amendment to restore wiretap authority for certain money 

laundering offenses. 

Sec. 336. Miscellaneous minor and technical amendments. 

Sec. 337. Technical correction regarding forfeiture authority for Secretary, 

Homeland Security. 

Sec. 338. Stored value cards. 

Subtitle C—Recovering the Proceeds of Crime and Victim Restitution 

CHAPTER 1—CRIMINAL FORFEITURE PROCEDURE

Sec. 341. Restraint of property subject to criminal forfeiture. 

Sec. 342. Authorizing forfeiture pursuant to a guilty plea. 

Sec. 343. Criminal seizure warrants. 

Sec. 344. Discovery procedure for locating forfeited assets. 

Sec. 345. Collection of criminal forfeiture judgment. 

Sec. 346. Abatement of forfeiture when defendant dies. 

Sec. 347. Forfeitable property transferred to third parties. 

Sec. 348. Forfeiture of third-party interests in criminal cases. 

Sec. 349. Severance of jointly held property. 

Sec. 350. Closing of loophole to defeat criminal forfeiture through bankruptcy. 

Sec. 351. Uniform procedures for criminal forfeiture. 

Sec. 352. Appeals. 

Sec. 353. Victims, restitution, and forfeiture. 

Sec. 354. Authority of Secretary of Homeland Security. 


bajohnson on PROD1PC69 with BILLS
4 

•S 1860 IS

CHAPTER 2—INTERNATIONAL PROVISIONS

Sec. 361. Procedures for enforcement of foreign forfeiture judgments and protective orders. 

Sec. 362. Extraterritorial jurisdiction. 

Sec. 363. Suspension of the statute of limitations to obtain foreign evidence. 

CHAPTER 3—CIVIL FORFEITURE

Sec. 371. Computers and other devices used for counterfeiting. 

Sec. 372. Fungible property in bank accounts. 

Sec. 373. Availability of tax records. 

Sec. 374. Civil order to repatriate assets. 

Sec. 375. Clarification of 18 U.S.C. 3322. 

Sec. 376. Inapplicability of liability for attorneys fees in international money 

laundering cases. 

Sec. 377. Venue for prisoner challenges to seizure of crime proceeds. 

Sec. 378. Affording property owners a hearing on the seizure of real property. 

Sec. 379. Jurisdiction of magistrates. 

Sec. 380. Minor amendments to the Civil Asset Forfeiture Reform Act of 2000. 

Sec. 381. Property detained at the border. 

Sec. 382. Obstruction of justice. 

Sec. 383. Source of payment for attorney’s fees. 

Sec. 384. Excessive fines challenges. 

Sec. 385. Payment in lieu of forfeiture. 

Sec. 386. Statutory standing. 

Sec. 387. Updating the cross reference to forfeiture procedures. 

Sec. 388. Protecting the rights of victims. 

Sec. 389. Other minor and technical amendments. 

Sec. 390. Frivolous claims by prisoners. 

TITLE IV—DRUG TRAFFICKING ENFORCEMENT 

Subtitle A—Regulation of Analogue Substances 

Sec. 401. Short title. 

Sec. 402. Identification of analogues. 

Subtitle B—Clarification of Venue for Certain Drug Trafficking Offenses 

Sec. 411. Clarification of venue for certain drug trafficking offenses. 

TITLE V—CRIMINAL RESTITUTION IMPROVEMENT 

Sec. 501. Mandatory restitution for Federal offenses. 

Sec. 502. Table of sections amendment. 

Sec. 503. Effect of restitution order on sentence of probation. 

Sec. 504. Conforming amendments and repeals. 

Sec. 505. Special forfeiture of collateral profits from crime. 

Sec. 506. Amendments to the Mandatory Victims Restitution Act. 

Sec. 507. Amendments to the anti-fraud injunction statute. 

Sec. 508. Amendments to the Federal Debt Collection Procedures Act. 

Sec. 509. Authorization of appropriations. 

TITLE VI—COUNTERTERRORISM AND NATIONAL SECURITY 

Sec. 601. Providing material support to facilitate, reward, or encourage acts of 

terrorism. 


bajohnson on PROD1PC69 with BILLS
5 

•S 1860 IS

Sec. 602. Prohibiting attempts and conspiracies to obtain military-type training 

from a foreign terrorist organization. 

Sec. 603. Kidnapping and rape overseas. 

Sec. 604. Hostage taking. 

Sec. 605. Interference with flight crew or threat to safety of aircraft. 

Sec. 606. Increased penalties for providing material support to terrorists. 

Sec. 607. Denial of Federal benefits to convicted terrorists. 

Sec. 608. Improve investigation of terrorist crimes. 

Sec. 609. Solicitation to commit a crime of violence or terrorism. 

Sec. 610. Terrorist offense resulting in death. 

Sec. 611. Death penalty for certain terror related crimes. 

Sec. 612. Increase in certain penalties. 

Sec. 613. Modernization of state of mind requirement for section 2339C offenses. 

Sec. 614. Providing material support to terrorist groups. 

Sec. 615. Wiretap predicate. 

TITLE VII—GANG DETERRENCE AND COMMUNITY PROTECTION 

Sec. 701. Short title. 

Subtitle A—Criminal Law Reforms and Enhanced Penalties to Deter and 

Punish Illegal Street Gang Activity and Related Criminal Law Reforms 

Sec. 711. Revision and extension of penalties related to criminal street gang activity. 

Sec. 712. Increased penalties for interstate and foreign travel or transportation 

in aid of racketeering. 

Sec. 713. Amendments relating to violent crime. 

Sec. 714. Increased penalties for use of interstate commerce facilities in the 

Commission of murder-for-hire and other felony crimes of violence. 

Sec. 715. Increased penalties for violent crimes in aid of racketeering activity. 

Sec. 716. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime. 

Sec. 717. Multiple interstate murder. 

Sec. 718. Additional racketeering activity. 

Sec. 719. Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec. 720. Venue in capital cases. 

Sec. 721. Statute of limitations for violent crime. 

Sec. 722. Modification of definition of crime of violence. 

Sec. 723. Clarification to hearsay exception for forfeiture by wrongdoing. 

Sec. 724. Increased penalties for criminal use of firearms in crimes of violence 

and drug trafficking. 

Sec. 725. Transfer of juveniles. 

Subtitle B—Increased Federal Resources to Deter and Prevent At-Risk Youth 

From Joining Illegal Street Gangs 

Sec. 731. Designation of and assistance for ‘‘high intensity’’ interstate gang activity areas. 

Sec. 732. Grants to State and local prosecutors to combat violent crime and to 

protect witnesses and victims of crimes. 


bajohnson on PROD1PC69 with BILLS
6 

•S 1860 IS

1 TITLE I—VIOLENT CRIME PRE2 VENTION AND ENFORCEMENT 

3 Subtitle A—Improving Violent 

4 Crime Prevention and Strength5 ening Antigang Measures 

6 SEC. 101. AMENDMENTS RELATING TO VIOLENT CRIME. 

7 (a) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

8 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO9 LENCE.—Section 924(h) of title 18, United States Code, 

10 is amended to read as follows: 

11 ‘‘(h) Whoever, in or affecting interstate or foreign 

12 commerce, knowingly transfers a firearm, knowing that 

13 the firearm will be used to commit, or possessed in fur14 therance of, a crime of violence or drug trafficking crime 

15 (as defined in subsection (c)(2)), shall be fined under this 

16 title and imprisoned not more than 20 years.’’. 

17 (b) CONSPIRACY PENALTY.—Section 371 of title 18, 

18 United States Code, is amended by striking ‘‘five years, 

19 or both.’’ and inserting ‘‘20 years (unless the maximum 

20 penalty for the crime that served as the object of the con21 spiracy has a maximum penalty of imprisonment of less 

22 than 20 years, in which case the maximum penalty under 

23 this section shall be the penalty for such crime), or both. 

24 This paragraph does not supersede any other penalty spe25 cifically set forth for a conspiracy offense.’’. 


bajohnson on PROD1PC69 with BILLS
7 

•S 1860 IS

1 SEC. 102. POSSESSION OF FIREARMS BY DANGEROUS FEL2 ONS. 

3 (a) IN GENERAL.—Section 924(e) of title 18, United 

4 States Code, is amended by striking paragraph (1) and 

5 inserting the following: 

6 ‘‘(1) In the case of a person who violates section 

7 922(g) of this title and has previously been convicted by 

8 any court referred to in section 922(g)(1) of a violent fel9 ony or a serious drug offense shall— 

10 ‘‘(A) in the case of 1 such prior conviction, 

11 where a period of not more than 10 years has 

12 elapsed since the later of the date of conviction and 

13 the date of release of the person from imprisonment 

14 for that conviction, be imprisoned for not more than 

15 15 years, fined under this title, or both; 

16 ‘‘(B) in the case of 2 such prior convictions, 

17 committed on occasions different from one another, 

18 and where a period of not more than 10 years has 

19 elapsed since the later of the date of conviction and 

20 the date of release of the person from imprisonment 

21 for the most recent such conviction, be imprisoned 

22 for not more than 20 years, fined under this title, 

23 or both; and 

24 ‘‘(C) in the case of 3 such prior convictions, 

25 committed on occasions different from one another, 

26 be fined under this title and imprisoned not less 


bajohnson on PROD1PC69 with BILLS
8 

•S 1860 IS

1 than 15 years or more than life, and notwith2 standing any other provision of law, the court shall 

3 not suspend the sentence of, or grant a probationary 

4 sentence to, such person with respect to the convic5 tion under section 922(g).’’. 

6 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

7 Pursuant to its authority under section 994(p) of title 28, 

8 United States Code, the United States Sentencing Com9 mission shall amend the Federal Sentencing Guidelines to 

10 provide for an appropriate increase in the offense level for 

11 violations of section 922(g) of title 18, United States 

12 Code, in accordance with section 924(e) of that title 18, 

13 as amended by subsection (a). 

14 SEC. 103. EXPANSION OF REBUTTABLE PRESUMPTION 

15 AGAINST RELEASE OF PERSONS CHARGED 

16 WITH FIREARMS OFFENSES. 

17 Section 3142(e) of title 18, United States Code, is 

18 amended in the matter following paragraph (3) by insert19 ing ‘‘an offense under subsection (g)(1), (g)(2), (g)(4), 

20 (g)(5), (g)(8), or (g)(9) of section 922,’’ after ‘‘that the 

21 person committed’’. 

22 SEC. 104. CONFORMING AMENDMENT. 

23 Section 922(d) of title 18, United States Code, is 

24 amended in the matter preceding paragraph (1) by insert25 ing ‘‘, transfer,’’ after ‘‘sell’’. 


bajohnson on PROD1PC69 with BILLS
9 

•S 1860 IS

1 SEC. 105. INCREASED PENALTIES FOR INTERSTATE AND 

2 FOREIGN TRAVEL OR TRANSPORTATION IN 

3 AID OF RACKETEERING. 

4 Section 1952 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (a), by striking ‘‘perform’’ and 

7 all that follows through the end of the subsection 

8 and inserting ‘‘perform or attempts to perform an 

9 act described in paragraph (1), (2), or (3), or con10 spires to do so, shall be punished as provided in sub11 section (d).’’; and 

12 (2) by adding at the end following: 

13 ‘‘(d) The punishment for an offense under subsection 

14 (a) is— 

15 ‘‘(1) in the case of a violation of paragraph (1) 

16 or (3), a fine under this title and imprisonment for 

17 not more than 20 years; and 

18 ‘‘(2) in the case of a violation of paragraph (2), 

19 a fine under this title and imprisonment for any 

20 term of years or for life, but if death results the of21 fender may be sentenced to death.’’. 


bajohnson on PROD1PC69 with BILLS
10 

•S 1860 IS

1 SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE 

2 COMMERCE FACILITIES IN THE COMMISSION 

3 OF MURDER-FOR-HIRE AND OTHER FELONY 

4 CRIMES OF VIOLENCE. 

5 (a) IN GENERAL.—Section 1958 of title 18, United 

6 States Code, is amended— 

7 (1) by striking the section heading and insert8 ing the following: 

9 ‘‘§ 1958. Use of interstate commerce facilities in the 

10 commission of murder-for-hire and other 

11 felony crimes of violence’’; 

12 and 

13 (2) in subsection (a), by— 

14 (A) inserting ‘‘or other crime of violence, 

15 punishable by imprisonment for more than 1 

16 year,’’ after ‘‘intent that a murder’’; and 

17 (B) striking ‘‘shall be fined’’ the first place 

18 it appears and all that follows through the end 

19 of such subsection and inserting the following: 

20 ‘‘shall, in addition to being subject to a fine 

21 under this title— 

22 ‘‘(1) if death results, be sentenced to death or 

23 life in prison; 

24 ‘‘(2) if the crime of violence is kidnapping, ag25 gravated sexual abuse (as defined in section 521), or 


bajohnson on PROD1PC69 with BILLS
11 

•S 1860 IS

1 maiming, or a conspiracy to commit such a crime of 

2 violence, be imprisoned any term of years or for life; 

3 ‘‘(3) if the crime of violence is an assault, or a 

4 conspiracy to assault, that results in serious bodily 

5 injury (as defined in section 1365), be imprisoned 

6 not more than 30 years; and 

7 ‘‘(4) in any other case, be imprisoned not more 

8 than 20 years.’’. 

9 (b) CLERICAL AMENDMENT.—The item relating to 

10 section 1958 in the table of sections at the beginning of 

11 chapter 95 of title 18, United States Code, is amended 

12 to read as follows: 

‘‘1958. Use of interstate commerce facilities in the commission of murder-forhire and other felony crimes of violence.’’. 

13 SEC. 107. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

14 (a) IN GENERAL.—Chapter 213 of title 18, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 3299A. Violent crime offenses 

18 ‘‘No person shall be prosecuted, tried, or punished 

19 for any noncapital felony crime of violence, including any 

20 racketeering activity or gang crime which involves any 

21 crime of violence, unless the indictment is found or the 

22 information is instituted not later than 10 years after the 

23 date on which the alleged violation occurred or the con24 tinuing offense was completed.’’. 


bajohnson on PROD1PC69 with BILLS
12 

•S 1860 IS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 213 of title 18, United States 

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

‘‘3299A. Violent crime offenses.’’. 

4 SEC. 108. STATUTE OF LIMITATIONS FOR TERRORISM OF5 FENSES. 

6 Section 3286(a) of title 18, United States Code, is 

7 amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘Eight-Year’’ and inserting ‘‘Ten-Year’’; and 

10 (2) in the first sentence, by striking ‘‘8 years’’ 

11 and inserting ‘‘10 years’’. 

12 SEC. 109. CRIMES OF VIOLENCE AND DRUG CRIMES COM13 MITTED BY ILLEGAL ALIENS. 

14 (a) OFFENSES.—Part 1 of title 18, United States 

15 Code, is amended by inserting after chapter 51 the fol16 lowing: 

17 ‘‘CHAPTER 52—ILLEGAL ALIENS 

18 ‘‘§ 1131. Enhanced penalties for certain crimes com19 mitted by illegal aliens 

20 ‘‘(a) IN GENERAL.—Whoever, being an alien who is 

21 present in the United States in violation of section 275 

22 or 276 of the Immigration and Nationality Act (8 U.S.C. 

23 1325 and 1326), knowingly commits, conspires, or at24 tempts to commit a felony crime of violence for which im25 prisonment for a period of more than 1 year may be imVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
13 

•S 1860 IS

1 posed, or a drug trafficking crime (as defined in section 

2 924(c)), shall be fined under this title, imprisoned not 

3 more than 20 years, or both. 

4 ‘‘(b) PREVIOUSLY ORDERED REMOVED.—If the de5 fendant in a prosecution under subsection (a) was pre6 viously ordered removed under the Immigration and Na7 tionality Act on the grounds of having committed a crime, 

8 the defendant shall be fined under this title, imprisoned 

9 not more than 30 years, or both. 

10 ‘‘(c) RUNNING OF SENTENCE.—A term of imprison11 ment imposed for an offense pursuant to this section may 

12 not run concurrently with any other sentence of imprison13 ment imposed for another offense.’’. 

14 (b) CLERICAL AMENDMENT.—The table of chapters 

15 at the beginning of part I of title 18, United States Code, 

16 is amended by inserting after the item relating to chapter 

17 51 the following new item: 

‘‘52. Illegal Aliens ............................................................................... 1131’’. 

18 Subtitle B—Death Penalty 

19 Procedures Improvement Act 

20 SEC. 121. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Death Penalty 

22 Procedures Improvement Act of 2007’’. 

23 SEC. 122. ELIMINATION OF DEATH PENALTY HEARING DIS24 CREPANCIES. 

25 (a) TITLE 18 AMENDMENTS.— 


bajohnson on PROD1PC69 with BILLS
14 

•S 1860 IS

1 (1) REVIEW OF SENTENCE.—Section 

2 3595(b)(4) of title 18, United States Code, is 

3 amended by striking ‘‘3593(d)’’ and inserting 

4 ‘‘3593(e)’’. 

5 (2) COUNSELFOR INDIGENTS.—Section 

6 3599(g)(1) of title 18, United States Code, is 

7 amended by striking ‘‘$125’’ and inserting ‘‘$160’’. 

8 (b) TITLE 28 AMENDMENTS.—Chapter 153 of title 

9 28, United States Code, is amended— 

10 (1) in section 2254(h) by striking ‘‘section 408 

11 of the Controlled Substances Act’’ and inserting 

12 ‘‘section 3599 of title 18’’; and 

13 (2) in section 2255 by striking ‘‘section 408 of 

14 the Controlled Substances Act’’ and inserting ‘‘sec15 tion 3599 of title 18’’. 

16 SEC. 123. AMENDMENTS RELATING TO SECTION 3593 OF 

17 TITLE 18. 

18 Section 3593 of title 18, United States Code, is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘, a reasonable time before 

22 trial or before acceptance by the court of a plea 

23 of guilty,’’; and 

24 (B) in the flush text— 


bajohnson on PROD1PC69 with BILLS
15 

•S 1860 IS

1 (i) in the second to last sentence, by 

2 inserting after ‘‘other relevant informa3 tion’’ the following: ‘‘, including any factor 

4 concerning the state of mind, intent, or 

5 other aspect of culpability of the defendant 

6 in committing the offense.’’; and 

7 (ii) by inserting at the end the fol8 lowing: ‘‘The notice must be filed a reason9 able time before trial or before acceptance 

10 by the court of a plea of guilty. The court 

11 shall, where necessary to ensure adequate 

12 preparation time for the defense, grant a 

13 reasonable continuance of the trial. If the 

14 government has not filed a notice of intent 

15 to seek the death penalty or informed the 

16 court that a notice of intent to seek the 

17 death penalty will not be filed, the court 

18 shall not accept a plea of guilty to an of19 fense described in section 3591 without the 

20 concurrence of the government.’’; 

21 (2) in subsection (b), by inserting at the end of 

22 the flush text the following: ‘‘The court shall retain 

23 alternate jurors until the completion of the sen24 tencing hearing, unless the sentencing is before the 

25 court alone under paragraph (3). The replacement of 


bajohnson on PROD1PC69 with BILLS
16 

•S 1860 IS

1 jurors with alternate jurors during the sentencing 

2 hearing will be conducted in accordance with Rule 

3 24 of the Rules of Criminal Procedure.’’; 

4 (3) in subsection (c)— 

5 (A) in the fourth sentence, by inserting 

6 ‘‘for which notice has been provided under sub7 section (b)’’ before the period; 

8 (B) in the fifth sentence, by inserting ‘‘, 

9 including information pertaining to criminal 

10 conduct that has not resulted in a conviction’’ 

11 before the period; 

12 (C) by inserting after the eighth sentence 

13 the following: ‘‘The government shall be per14 mitted to cross-examine the defendant regard15 ing any statements or testimony by the defend16 ant to the sentencing jury.’’; 

17 (D) by inserting after the fourth sentence 

18 the following: ‘‘If the defendant has raised the 

19 issue of mental retardation as required under 

20 subsection (b), the defendant may introduce in21 formation relevant to mental retardation.’’; and 

22 (E) by inserting at the end the following: 

23 ‘‘The defendant shall have the burden of prov24 ing mental retardation by the preponderance of 

25 the information.’’; 


bajohnson on PROD1PC69 with BILLS
17 

•S 1860 IS

1 (4) in subsection (d)— 

2 (A) in the second sentence by inserting 

3 ‘‘determine the truth of the allegations in the 

4 notice filed under subsection (a) regarding any 

5 mental state set forth in section 3591(a), and’’ 

6 after ‘‘It shall’’; 

7 (B) by inserting after the second sentence 

8 the following: ‘‘In any case in which the defend9 ant has raised the issue of mental retardation 

10 as required under subsection (b), the jury, or if 

11 there is no jury, the court, shall determine the 

12 issue of mental retardation only if any aggra13 vating factor set forth in section 3592 is found 

14 to exist. Such determination shall occur prior to 

15 the consideration of any mitigating factor.’’; 

16 and 

17 (C) by inserting at the end the following: 

18 ‘‘If the jury, or if there is no jury, the court, 

19 determines that the defendant is mentally re20 tarded, the court shall sentence the defendant 

21 to life imprisonment without the possibility of 

22 release, or some other lesser sentence author23 ized by law.’’; 

24 (5) in subsection (e)— 


bajohnson on PROD1PC69 with BILLS
18 

•S 1860 IS

1 (A) by inserting before the last sentence 

2 the following: ‘‘In assessing the appropriateness 

3 of a sentence of death, the jury, or if there is 

4 no jury, the court must base the decision on the 

5 facts of the offense and the aggravating and 

6 mitigating factors and avoid any influence of 

7 passion, prejudice, or other arbitrary factor 

8 when imposing sentence.’’; 

9 (B) by striking ‘‘, to life imprisonment 

10 without the possibility of release or some other 

11 lesser sentence’’; and 

12 (C) by inserting at the end the following: 

13 ‘‘The jury’s sentencing recommendation must 

14 be unanimous. In cases in which the jury unani15 mously rejects a sentence of death but finds at 

16 least 1 aggravating factor under section 3592 

17 and the existence of at least 1 intent factor nec18 essary under section 3591 to impose a sentence 

19 of death, the court shall impose a sentence of 

20 life without the possibility of release.’’; 

21 (6) by redesignating subsections (b) through (f) 

22 as subsections (c) through (g); and 

23 (7) by adding after subsection (a) the following: 

24 ‘‘(b) NOTICE BY THE DEFENDANT.— 


bajohnson on PROD1PC69 with BILLS
19 

•S 1860 IS

1 ‘‘(1) IN GENERAL.—If, as required under sub2 section (a), the government has filed notice seeking 

3 a sentence of death, the defendant shall, a reason4 able time before the trial, sign and file with the 

5 court, and serve on the attorney for the government, 

6 notice setting forth the mitigating factor or factors 

7 that the defendant proposes to prove mitigate 

8 against imposition of a sentence of death. In any 

9 case in which the defendant intends to raise the 

10 issue of mental retardation as precluding a sentence 

11 of death, the defendant shall, a reasonable time be12 fore trial, sign and file with the court, and serve on 

13 the attorney for the government, notice of such in14 tent. 

15 ‘‘(2) MENTALEXAMINATION.—When a defend16 ant makes a claim of mental retardation or intends 

17 to rely on evidence of mental impairment, or other 

18 mental defect or disease as a mitigating factor under 

19 this section, the government shall have the right to 

20 an independent mental health examination of the de21 fendant. If the court finds it appropriate, more than 

22 1 such professional shall perform the examination. 

23 To facilitate the examination, the court may commit 

24 the person to be examined for a reasonable period, 


bajohnson on PROD1PC69 with BILLS
20 

•S 1860 IS

1 to the custody of the Attorney General for placement 

2 in a suitable facility. 

3 ‘‘(3) PREPARATION TIME.—Following the filing 

4 of a defendant’s notice under this subsection, the 

5 court shall, where necessary to ensure adequate 

6 preparation time for the government, grant a rea7 sonable continuance of the trial. 

8 ‘‘(4) DETERMINATION OF MENTALRETARDA9 TION.—For purposes of this chapter, a defendant is 

10 mentally retarded if, since some point in time prior 

11 to age 18, he or she has continuously had an intel12 ligence quotient of 70 or lower and, as a result of 

13 that significantly subaverage mental functioning, has 

14 since that point in time continuously had a dimin15 ished capacity to understand and process informa16 tion, abstract from mistakes and learn from experi17 ence, engage in logical reasoning, control impulses, 

18 and understand others’ reactions.’’. 

19 SEC. 124. AMENDMENTS RELATING TO SECTION 3592 OF 

20 TITLE 18. 

21 Section 3592 of title 18, United States Code, is 

22 amended— 

23 (1) in subsection (a), by inserting ‘‘for which 

24 notice has been provided’’ after ‘‘factor’’; 

25 (2) in subsection (c)(1)— 


bajohnson on PROD1PC69 with BILLS
21 

•S 1860 IS

1 (A) by inserting ‘‘section 241 (conspiracy 

2 against rights), section 245 (federally protected 

3 activities), section 247 (interference with reli4 gious exercise),’’ after ‘‘section 37 (violence at 

5 international airports),’’; and 

6 (B) by inserting ‘‘section 1512 (tampering 

7 with a witness, victim, or an informant), section 

8 1513 (retaliating against a witness, victim, or 

9 an informant),’’ after ‘‘section 1203 (hostage 

10 taking),’’; 

11 (3) so that paragraph (2) of subsection (c) 

12 reads as follows: 

13 ‘‘(2) PREVIOUS CONVICTION OF VIOLENT FEL14 ONY INVOLVING FIREARM.—The defendant has pre15 viously been convicted of a Federal or State offense 

16 punishable by a term of imprisonment of more than 

17 1 year, involving the use or attempted use or threat18 ened use of a firearm (as defined in section 921) 

19 against another person.’’; 

20 (4) in subsection (c)(8)— 

21 (A) by striking ‘‘or’’; and 

22 (B) by inserting ‘‘or in order to retain pos23 session’’ before ‘‘of anything’’; 


bajohnson on PROD1PC69 with BILLS
22 

•S 1860 IS

1 (5) in subsection (c)(12), by striking ‘‘had pre2 viously’’ each place that term appears and inserting 

3 ‘‘has previously’’; and 

4 (6) by adding after subsection (c)(16) the fol5 lowing: 

6 ‘‘(17) OBSTRUCTION OF JUSTICE.—The defend7 ant in commission of the offense, or in an attempt 

8 to avoid apprehension, or conviction for the offense, 

9 engaged in conduct, which resulted in harm or a 

10 threat of harm to another person, intending to ob11 struct the investigation or prosecution of any of12 fense.’’. 

13 SEC. 125. AMENDMENTS RELATING TO SECTION 3594 OF 

14 TITLE 18. 

15 Section 3594 of title 18, United States Code, is 

16 amended— 

17 (1) in the first sentence— 

18 (A) by striking ‘‘3593(e)’’ and inserting 

19 ‘‘3593(f)’’; and 

20 (B) by striking ‘‘or life imprisonment with21 out the possibility of release’’; and 

22 (2) in the second sentence— 

23 (A) by inserting ‘‘life imprisonment with24 out the possibility of release, or’’ after ‘‘shall 

25 impose’’; and 


bajohnson on PROD1PC69 with BILLS
23 

•S 1860 IS

1 (B) by inserting ‘‘as limited by section 

2 3593(f)’’ before the period. 

3 SEC. 126. AMENDMENTS RELATING TO SECTIONS 3596 AND 

4 3597 OF TITLE 18. 

5 (a) IMPLEMENTATION OF DEATH SENTENCE.—Sec6 tion 3596 of title 18, United States Code, is amended— 

7 (1) in subsection (a), by striking ‘‘When the 

8 sentence is to be implemented’’ and all that follows 

9 through ‘‘such law’’ and inserting the following: ‘‘A 

10 sentence of death for any offense against the United 

11 States shall be implemented pursuant to regulations 

12 promulgated by the Attorney General’’; and 

13 (2) in subsection (c)— 

14 (A) by striking the first sentence; and 

15 (B) by adding at the end the following: 

16 ‘‘The Government shall not be limited in its op17 portunities to seek rehearing, based on changed 

18 circumstances, of a finding of mental incapacity 

19 under this subsection.’’. 

20 (b) USE OF FACILITIES.— 

21 (1) IN GENERAL.—Section 3597 of title 18, 

22 United States Code is amended— 

23 (A) in the heading, by striking ‘‘STATE’’; 

24 (B) in subsection (a), by striking ‘‘A 

25 United States marshal’’ and all that follows 


bajohnson on PROD1PC69 with BILLS
24 

•S 1860 IS

1 through ‘‘Attorney General’’ and inserting the 

2 following: ‘‘An official charged with supervising 

3 the implementation of a sentence of death shall 

4 use appropriate Federal or State facilities for 

5 the purpose’’; and 

6 (C) by adding at the end the following new 

7 subsection: 

8 ‘‘(c) CONFIDENTIALITY.—Notwithstanding any other 

9 law, the identity of any employee of the United States De10 partment of Justice, the Federal Bureau of Prisons, the 

11 United States Marshals Service, any State department of 

12 corrections, or of any person providing services under con13 tract or victim or victim’s survivor, who participates in or 

14 witnesses the administration of an execution pursuant to 

15 this section shall not be publicly disclosed, absent the con16 sent of any such individual.’’. 

17 (2) CONFORMING AMENDMENT.—The analysis 

18 for chapter 228 of title 18, United States Code is 

19 amended by striking the item relating to section 

20 3597 and inserting the following: 

‘‘3597. Use of facilities.’’. 


bajohnson on PROD1PC69 with BILLS
25 

•S 1860 IS

1 Subtitle C—Clarifying the Author2 ity To Issue Cell Location Or3 ders 

4 SEC. 131. AMENDMENT TO SECTION 2703 OF TITLE 18 TO 

5 CLARIFY ONGOING SCOPE OF ORDERS AND 

6 WARRANTS. 

7 (a) DISCLOSURE OF CUSTOMER COMMUNICATIONS.— 

8 Section 2703 of title 18, United States Code, is amended 

9 by adding at the end the following: 

10 ‘‘(h)(1) IN GENERAL.—A court order under sub11 section (d) or a warrant under subsection (c)(1)(A) may 

12 require that records or other information (not including 

13 the contents of communications) be disclosed to a govern14 mental entity on an ongoing basis. 

15 ‘‘(2) STANDARD.—The court shall issue an order or 

16 warrant requiring such ongoing disclosure if— 

17 ‘‘(A) in the case of a court order under sub18 section (d), the court finds that the application con19 tains specific and articulable facts showing that 

20 there are reasonable grounds to believe that the 

21 records or other information (not including the con22 tents of communications) will be relevant and mate23 rial to an ongoing criminal investigation; or 


bajohnson on PROD1PC69 with BILLS
26 

•S 1860 IS

1 ‘‘(B) in the case of a warrant under subsection 

2 (c)(1)(A), the court finds that probable cause sup3 ports issuing the warrant. 

4 ‘‘(3) DURATION.—An order or warrant requiring on5 going disclosure under this subsection may require ongo6 ing disclosure for a period not to exceed 60 days. Exten7 sions of such an order or warrant may be granted, but 

8 only upon an application for an extension under this sub9 section and upon the judicial finding required by para10 graph (2). The period of extension shall be for a period 

11 not to exceed 60 days. 

12 ‘‘(4) NONDISCLOSURE.—An order or warrant requir13 ing ongoing disclosure under this subsection shall direct 

14 that— 

15 ‘‘(A) the order or warrant be sealed until other16 wise ordered by the court; and 

17 ‘‘(B) the person or entity who is obligated by 

18 the order or warrant to disclose records or other in19 formation on an ongoing basis to the applicant shall 

20 not disclose the existence of the order or warrant or 

21 the existence of the investigation to any other per22 son, unless or until otherwise ordered by the court. 

23 ‘‘(5) SCOPE AND ASSISTANCE.— 

24 ‘‘(A) IN GENERAL.—An order or warrant re25 quiring ongoing disclosure under this subsection, 


bajohnson on PROD1PC69 with BILLS
27 

•S 1860 IS

1 upon service of that order or warrant, shall apply to 

2 any person or entity providing wire or electronic 

3 communication service or remote computing service 

4 in the United States whose assistance may facilitate 

5 the execution of the order or warrant. Whenever 

6 such an order or warrant is served on any person or 

7 entity not specifically named in the order or war8 rant, upon request of such person or entity, the at9 torney for the Government or law enforcement or in10 vestigative officer that is serving the order or war11 rant shall provide written or electronic certification 

12 that the order or warrant applies to the person or 

13 entity being served. 

14 ‘‘(B) INFORMATION PROVIDED.—Upon the re15 quest of an attorney for the Government or an offi16 cer of a law enforcement agency authorized to re17 ceive the results of an order or warrant requiring 

18 ongoing disclosure under this subsection, a provider 

19 of a wire or electronic communication service or a 

20 provider of remote computing services shall furnish 

21 such investigative or law enforcement officer all in22 formation, facilities, technical, and other assistance 

23 including execution of such warrant or order unob24 trusively and with no more interference with the 

25 services that the person so ordered by the court acVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
28 

•S 1860 IS

1 cords the party with respect to whom the warrant or 

2 order pertains than is necessary to effect the disclo3 sure required under the warrant or order, if such in4 stallation and assistance is directed by a court. Un5 less otherwise ordered by the court, records or other 

6 information disclosed under such warrant or order 

7 shall be furnished to the officer of a law enforcement 

8 agency designated in the court order, at reasonable 

9 intervals during regular business hours for the dura10 tion of the order. Pursuant to section 2522, an order 

11 may be issued to enforce the assistance capability 

12 and capacity requirements under the Communica13 tions Assistance for Law Enforcement Act. 

14 ‘‘(6) NONEXCLUSIVITY.—Nothing in this subsection 

15 shall preclude a governmental entity from requiring or re16 ceiving the production on an ongoing basis of records or 

17 other information (not including the contents of commu18 nications) with consent of the subscriber or user, or under 

19 any other lawful authority.’’. 

20 (b) ELECTRONIC COMMUNICATIONS.—Subsection 

21 2703(c)(1) of title 18, United States Code, is amended 

22 by— 

23 (1) redesignating subparagraph (E) as subpara24 graph (F); and 


bajohnson on PROD1PC69 with BILLS
29 

•S 1860 IS

1 (2) inserting after subparagraph (D) the fol2 lowing: 

3 ‘‘(E) certifies in writing that it is inves4 tigating the disappearance of the subscriber or 

5 customer, that it has the purpose of locating 

6 that subscriber or customer, and— 

7 ‘‘(i) the subscriber or customer is a 

8 minor; or 

9 ‘‘(ii) the governmental entity reason10 ably believes that the subscriber or cus11 tomer is suffering from a condition or cir12 cumstance that may create an imminent 

13 danger of his or her death or serious phys14 ical injury, and the customer or sub15 scriber’s spouse, parent, lawful guardian, 

16 adult child, or adult sibling has consented 

17 to the disclosure; or’’. 

18 SEC. 132. PEN REGISTER AND TRAP AND TRACE AMEND19 MENT. 

20 Section 3121 of title 18, United States Code, is 

21 amended— 

22 (1) in subsection (a), by inserting ‘‘2703(h) or 

23 section’’ after ‘‘under section’’; and 

24 (2) in subsection (b)— 


bajohnson on PROD1PC69 with BILLS
30 

•S 1860 IS

1 (A) by striking ‘‘by a provider of electronic 

2 or wire communication service’’; 

3 (B) in paragraph (1), by inserting ‘‘by a 

4 provider of electronic or wire communication 

5 service,’’ before ‘‘relating to’’; 

6 (C) in paragraph (2)— 

7 (i) by inserting ‘‘by a provider of elec8 tronic or wire communication service,’’ be9 fore ‘‘to record’’; and 

10 (ii) by striking the period at the end 

11 and inserting a semicolon; and 

12 (D) by inserting after paragraph (2) the 

13 following: 

14 ‘‘(3) with the consent of a party to a commu15 nication, or under any other circumstances in which 

16 the contents of a communication may be lawfully 

17 intercepted under chapter 119 of this title; or 

18 ‘‘(4) by a government agency, or a provider of 

19 electronic or wire communication service acting upon 

20 the written request of a government agency, when 

21 the government agency certifies in writing that— 

22 ‘‘(A) it is investigating the disappearance 

23 of a subscriber, customer, or user, that it has 

24 the purpose of locating such subscriber, cus25 tomer, or user; and 


bajohnson on PROD1PC69 with BILLS
31 

•S 1860 IS

1 ‘‘(B)(i) the subscriber, customer, or user is 

2 a minor; or 

3 ‘‘(ii) the governmental entity reasonably 

4 believes that the subscriber, customer, or user 

5 is suffering from a condition or circumstance 

6 that may create an imminent danger of his or 

7 her death or serious physical injury, and the 

8 subscriber, customer, or user’s spouse, parent, 

9 lawful guardian, adult child, or adult sibling 

10 has consented to the use of the pen register or 

11 trap and trace device.’’. 

12 SEC. 133. AMENDMENT TO MOBILE TRACKING DEVICES 

13 STATUTE. 

14 Section 3117 of title 18, United States Code, is 

15 amended— 

16 (1) in subsection (a), by inserting at the end 

17 the following: ‘‘Nothing in this section shall be con18 strued to require a warrant when the Constitution of 

19 the United States does not require a warrant.’’; 

20 (2) in subsection (b)— 

21 (A) by striking ‘‘section, the term’’ and in22 serting ‘‘section— 

23 ‘‘(1) the term’’; 

24 (B) by striking the period and inserting ‘‘; 

25 and’’; and 


bajohnson on PROD1PC69 with BILLS
32 

•S 1860 IS

1 (C) by inserting at the end the following: 

2 ‘‘(2) the term ‘installation’ means the physical 

3 attachment to a person or object.’’. 

4 SEC. 134. AMENDMENT TO COMMUNICATIONS ASSISTANCE 

5 FOR LAW ENFORCEMENT ACT. 

6 Section 103(a)(2) of the Communications Assistance 

7 for Law Enforcement Act (47 U.S.C. 1002(a)(2)) is 

8 amended by striking ‘‘(except to the extent that the loca9 tion may be determined from the telephone number)’’ and 

10 inserting ‘‘(except to the extent that the location may be 

11 determined from the telephone number or other device 

12 identifier). Such call-identifying information may include 

13 information that may disclose such physical location if it 

14 is acquired pursuant to a court order or warrant, under 

15 section 2703 of title 18, United States Code, or other law16 ful authorization).’’. 

17 TITLE II—ENDING DEMAND FOR 

18 CHILD PORNOGRAPHY AND 

19 CHILD SEXUAL EXPLOI20 TATION 

21 SEC. 201. MANDATORY MINIMUM FOR POSSESSION OF 

22 CHILD PORNOGRAPHY. 

23 (a) SEXUAL EXPLOITATION.—Section 2252(b)(2) of 

24 title 18, United States Code, is amended by striking ‘‘or 

25 imprisoned not more than 10 years, or both’’ and inserting 


bajohnson on PROD1PC69 with BILLS
33 

•S 1860 IS

1 ‘‘and imprisoned not less than 2 years nor more than 15 

2 years’’. 

3 (b) PORNOGRAPHY.—Section 2252A(b)(2) of title 18, 

4 United States Code, is amended by striking ‘‘or impris5 oned not more than 10 years, or both’’ and inserting ‘‘and 

6 imprisoned not less than 2 years nor more than 15 years’’. 

7 SEC. 202. STRENGTHENING SECTION 13032 OF TITLE 42, 

8 UNITED STATES CODE, TO ENSURE THAT 

9 CHILD PORNOGRAPHY IS EFFECTIVELY RE10 PORTED. 

11 Section 227(b)(2) of the Victims of Child Abuse Act 

12 of 1990 (42 U.S.C. 13032) is amended to read as follows: 

13 ‘‘(4) FAILURE TO REPORT.— 

14 ‘‘(A) KNOWINGLY.—A provider of elec15 tronic communication services or remote com16 puting services described in paragraph (1) who 

17 knowingly and willfully fails to make a report 

18 under that paragraph shall be fined— 

19 ‘‘(i) in the case of an initial failure to 

20 make a report, not more than $150,000; 

21 and 

22 ‘‘(ii) in the case of any second or sub23 sequent failure to make a report, not more 

24 than $300,000. 


bajohnson on PROD1PC69 with BILLS
34 

•S 1860 IS

1 ‘‘(B) NEGLIGENTLY.—A provider of elec2 tronic communication services or remote com3 puting services described in paragraph (1) who 

4 negligently fails to make a report under that 

5 paragraph shall be subject to a civil penalty 

6 of— 

7 ‘‘(i) in the case of an initial failure to 

8 make a report, not more than $50,000; 

9 and 

10 ‘‘(ii) in the case of any second or sub11 sequent failure to make a report, not more 

12 than $100,000. 

13 ‘‘(C) FCC AUTHORITY.—For the purposes 

14 of this paragraph, the Federal Communications 

15 Commission shall have the authority to levy 

16 civil penalties and shall promulgate regulations, 

17 in consultation with the Attorney General, to 

18 effectuate the purposes of this paragraph and 

19 to provide for appropriate administrative review 

20 of any civil penalties levied thereunder.’’. 

21 SEC. 203. CONSPIRACY PROVISION FOR CHAPTER 77 OF22 FENSES. 

23 Section 1594(a) of title 18, United States Code, is 

24 amended by inserting after ‘‘attempts’’ the following: ‘‘or 

25 conspires to’’. 


bajohnson on PROD1PC69 with BILLS
35 

•S 1860 IS

1 SEC. 204. AMEND DEFINITION OF ILLICIT SEXUAL CON2 DUCT. 

3 Section 2423(f) of title 18, United States Code, is 

4 amended by— 

5 (1) striking ‘‘or’’; and 

6 (2) striking the period at the end of the sub7 section and inserting ‘‘; or (3) production of child 

8 pornography, as defined in section 2256(8).’’. 

9 SEC. 205. EXPAND THE USE OF THE SEX TRAFFICKING 

10 STATUTE. 

11 (a) SEXUAL EXPLOITATION.—Section 2252(b)(2) of 

12 title 18, United States Code, is amended by inserting after 

13 ‘‘this chapter,’’ the following: ‘‘section 1591,’’. 

14 (b) PORNOGRAPHY.—Section 2252A(b)(2) of title 18, 

15 United States Code, is amended by inserting after ‘‘this 

16 chapter,’’ the following: ‘‘section 1591,’’. 

17 (c) REPEAT OFFENDERS.—Section 2426(b)(1)(A) of 

18 title 18, United States Code, is amended— 

19 (1) following ‘‘109A,’’ by striking ‘‘or’’ ; and 

20 (2) by inserting after ‘‘chapter 110’’ the fol21 lowing ‘‘or section 1591’’. 

22 (d) RELEASE AND DETENTION.—Section 

23 3156(a)(4)(C) of title 18, United States Code, is amended 

24 by inserting after ‘‘117’’ the following: ‘‘, or section 

25 1591’’. 


bajohnson on PROD1PC69 with BILLS
36 

•S 1860 IS

1 (e) ADMINISTRATIVE SUBPOENAS.—Section 

2 3486(a)(1)(D) of title 18, United States Code, is amended 

3 by inserting after ‘‘1201,’’ the following: ‘‘1591,’’. 

4 SEC. 206. INCREASED PENALTIES FOR SEXUAL EXPLOI5 TATION OF CHILDREN. 

6 Section 2251(e) of title 18, United States Code, is 

7 amended— 

8 (1) by striking ‘‘15 years nor more than 30 

9 years’’ and inserting ‘‘20 years or for life’’; and 

10 (2) by striking ‘‘not less than 25 years nor 

11 more than 50 years,’’ and all that follows through 

12 ‘‘not less than 35 years nor more than life.’’ and in13 serting ‘‘life.’’. 

14 SEC. 207. INCREASED PENALTIES FOR ACTIVITIES RELAT15 ING TO MATERIAL INVOLVING THE SEXUAL 

16 EXPLOITATION OF CHILDREN. 

17 Section 2252(b) of title 18, United States Code, is 

18 amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘5 years and not more 

21 than 20 years’’ and inserting ‘‘15 years or for 

22 life’’; and 

23 (B) by striking ‘‘not less than 15 years nor 

24 more than 40 years.’’ and inserting ‘‘life.’’; and 

25 (2) in paragraph (2)— 


bajohnson on PROD1PC69 with BILLS
37 

•S 1860 IS

1 (A) by striking ‘‘or imprisoned not more 

2 than 10 years, or both’’ and inserting ‘‘and im3 prisoned for not less than 3 years nor more 

4 than 20 years’’; and 

5 (B) by striking ‘‘10 years nor more than 

6 20 years.’’ and inserting ‘‘20 years or for life.’’. 

7 SEC. 208. INCREASED PENALTIES FOR ACTIVITIES RELAT8 ING TO MATERIAL CONSTITUTING OR CON9 TAINING CHILD PORNOGRAPHY. 

10 Section 2252A(b) of title 18, United States Code, is 

11 amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘5 years and not more 

14 than 20 years’’ and inserting ‘‘15 years or for 

15 life’’; and 

16 (B) by striking ‘‘not less than 15 years nor 

17 more than 40 years’’ and inserting ‘‘life’’; and 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘or imprisoned not more 

20 than 10 years, or both’’ and inserting ‘‘and im21 prisoned for not less than 3 years nor more 

22 than 20 years’’; and 

23 (B) by striking ‘‘10 years nor more than 

24 20 years’’ and inserting ‘‘20 years or for life’’. 


bajohnson on PROD1PC69 with BILLS
38 

•S 1860 IS

1 SEC. 209. ADDITIONAL RESOURCES FOR THE INNOCENT IM2 AGES NATIONAL INITIATIVE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Director of the 

5 Federal Bureau of Investigation to carry out the Innocent 

6 Images National Initiative, $30,000,000 for each of the 

7 fiscal years 2008 through 2012. 

8 (b) AVAILABILITY.—Any amounts appropriated pur9 suant to subsection (a) shall remain available until ex10 pended. 

11 TITLE III—THE PROCEEDS OF 

12 CRIME ACT 

13 SEC. 301. SHORT TITLE. 

14 This title may be cited as the ‘‘Proceeds of Crime 

15 Act of 2007’’. 

16 Subtitle A—Property Subject to 

17 Forfeiture to the United States 

18 SEC. 302. ADDITIONS TO THE GENERAL FORFEITURE STAT19 UTE. 

20 (a) TERRORISM.—Section 981(a)(1)(H) of title 18, 

21 United States Code, is amended by striking ‘‘section 

22 2339C’’ and inserting ‘‘sections 2339A, 2339B, 2339C, 

23 or 2339D’’. 

24 (b) FRAUD AND COMPUTER CRIMES.— 


bajohnson on PROD1PC69 with BILLS
39 

•S 1860 IS

1 (1) CIVILFORFEITURE.—Section 981(a)(1) of 

2 title 18, United States Code, is amended by adding 

3 the following at the end: 

4 ‘‘(I)(i) Any computer, Internet domain name, 

5 photostatic reproduction machine, electronic commu6 nications device or other article, apparatus, device or 

7 thing made, possessed, fitted, used or intended to be 

8 used to commit, or to facilitate the commission of a 

9 violation of sections 513, 514, 1028 through 1032, 

10 and 1341 through 1350 of this title, or a conspiracy 

11 to commit such offense, and any property traceable 

12 to such property.’’. 

13 (2) DEFINITIONS.—Section 982(a)(2) of title 

14 18, United States Code, is amended by— 

15 (A) striking ‘‘, affecting a financial institu16 tion’’; and 

17 (B) inserting the following at the end: 

18 ‘‘For purposes of this subsection, if the viola19 tion giving rise to the forfeiture is part of a 

20 continuing scheme or plan, the court shall order 

21 the person convicted of the offense to forfeit the 

22 proceeds of the entire scheme or plan.’’. 

23 (c) PROPERTY USED TO COMMIT A CRIMINAL OF24 FENSE.—Section 981(a)(1)(C) of title 18, United States 

25 Code, is amended to read as follows: 


bajohnson on PROD1PC69 with BILLS
40 

•S 1860 IS

1 ‘‘(C) Any property, real or personal, that con2 stitutes or is derived from the proceeds of any of3 fense constituting a specified unlawful activity (as 

4 defined in section 1956(c)(7)), or a conspiracy to 

5 commit such offense, any property used or intended 

6 to be used to commit or to facilitate the commission 

7 of such offense, and any property traceable there8 to.’’. 

9 (d) ODOMETER TAMPERING OFFENSES.—Section 

10 981(a)(1)(F) of title 18, United States Code, is amend11 ed— 

12 (1) in clause (iv), by striking ‘‘or’’ at the end; 

13 (2) in clause (v) by striking the period at the 

14 end and inserting ‘‘; or’’; 

15 (3) by inserting after clause (v) the following: 

16 ‘‘(vi) sections 32703 (motor vehicle 

17 odometer tampering), 32704 (odometer 

18 tampering by replacing odometers), and 

19 32705(a)(2) (false odometer certification) 

20 of title 49, United States Code.’’; and 

21 (4) by adding at the end the following: 

22 ‘‘In the case of a violation described in clause (i) or 

23 (vi), any vehicles or other property involved in the 

24 commission of the offense shall also be subject to 

25 forfeiture.’’. 


bajohnson on PROD1PC69 with BILLS
41 

•S 1860 IS

1 (e) REPEALOF OBSOLETE PROVISION.—Section 

2 981(a)(1)(E) of title 18, United States Code, is repealed. 

3 SEC. 303. DRUGS AND MONEY LAUNDERING. 

4 (a) MONEY LAUNDERING CONSPIRACIES.—Section 

5 982(a)(1) of title 18, United States Code, is amended by 

6 inserting ‘‘, or any conspiracy to commit any such offense’’ 

7 after ‘‘of this title’’. 

8 (b) PROPERTY USED TO COMMIT A DRUG OF9 FENSE.— 

10 (1) CONVEYANCES.—Section 511(a)(4) of the 

11 Controlled Substances Act (21 U.S.C. 881(a)(4)) is 

12 amended to read as follows: 

13 ‘‘(4) Any property used or intended to be used 

14 to commit or to facilitate the commission of an of15 fense under this subchapter punishable by more than 

16 one year’s imprisonment, and any property traceable 

17 to such property.’’. 

18 (2) REALPROPERTY.—Section 511(a)(7) of the 

19 Controlled Substances Act (21 U.S.C. 881(a)(7)) is 

20 amended by inserting ‘‘, and any property traceable 

21 to such property’’ after ‘‘one year’s imprisonment’’. 

22 (c) NEGOTIABLE INSTRUMENTS, SECURITIES, AND

23 OTHER THINGS OF VALUE.—Section 511(a)(6) of the 

24 Controlled Substances Act (21 U.S.C. 881(a)(6)) is 

25 amended by— 


bajohnson on PROD1PC69 with BILLS
42 

•S 1860 IS

1 (1) inserting ‘‘, and any property traceable to 

2 such property’’ after ‘‘this subchapter’’ the second 

3 time it appears; and 

4 (2) inserting ‘‘or other things of value’’ before 

5 ‘‘used or intended to be used’’. 

6 (d) AMMUNITION.—Section 511(a)(11) of the Con7 trolled Substances Act (21 U.S.C. 881(a)(11)) is amended 

8 by striking ‘‘Any firearm (as defined in section 921 of title 

9 18)’’ and inserting ‘‘Any firearm or ammunition (as de10 fined in section 921 of title 18) or any holster or other 

11 carrying case, body armor, sighting device, or magazine’’. 

12 (e) BODY ARMOR.—Section 924(d)(1) of title 18, 

13 United States Code is amended by inserting ‘‘or any body 

14 armor involved in or used in any knowing violation of sec15 tion 931,’’ after ‘‘by clear and convincing evidence,’’. 

16 (f) CRIMINAL FORFEITURE.— 

17 (1) PERSON’S PROPERTY.—Section 413(a)(2) of 

18 the Controlled Substances Act (21 U.S.C. 853(a)(2)) 

19 is amended by inserting ‘‘, or any property traceable 

20 thereto’’ before the semicolon. 

21 (2) PAYMENT OF AMOUNTS TO BE RECEIVED.— 

22 Section 413(a) of the Controlled Substances Act (21 

23 U.S.C. 853(a)), is amended by adding at the end the 

24 following: ‘‘In addition to any other money judgment 

25 that may be imposed under this section, a person 


bajohnson on PROD1PC69 with BILLS
43 

•S 1860 IS

1 who does not receive any proceeds from the sale, im2 portation, or distribution of a controlled substance 

3 because the person is arrested, or the controlled sub4 stance is seized, before the sale, importation, or dis5 tribution is complete, shall pay a money judgment 

6 equal to the amount of money that would have been 

7 paid if such sale, importation, or distribution had 

8 been completed.’’ 

9 (g) SUMMARY FORFEITURE OF CONTRABAND.— 

10 (1) IN GENERAL.—Chapter 46 of title 18, 

11 United States Code, is amended by adding the fol12 lowing after section 987: 

13 ‘‘§ 988. Summary forfeiture of contraband 

14 ‘‘(a) IN GENERAL.—Any property constituting con15 traband that is lawfully seized or obtained by a Federal 

16 law enforcement officer, or that is lawfully delivered to a 

17 Federal law enforcement officer by a State, local, or for18 eign law enforcement officer, may be summarily forfeited 

19 to the United States. 

20 ‘‘(b) STANDING.—No person shall have standing to 

21 contest the forfeiture of property subject to summary for22 feiture under this section, and no person shall be entitled 

23 to notice of such forfeiture. 

24 ‘‘(c) DISPOSALOF PROPERTY.—The Federal law en25 forcement agency in possession of the property subject to 


bajohnson on PROD1PC69 with BILLS
44 

•S 1860 IS

1 summary forfeiture may destroy or otherwise dispose of 

2 such property and any equipment or container that cannot 

3 be separated safely from it. 

4 ‘‘(d) For purposes of this section, contraband 

5 means— 

6 ‘‘(1) any controlled substance, hazardous raw 

7 material, equipment or container, plants, or other 

8 property subject to summary forfeiture pursuant to 

9 section 511(f) or (g) of the Controlled Substances 

10 Act (21 U.S.C. 881(f) or (g)); 

11 ‘‘(2) any controlled substance imported into the 

12 United States in violation of law; 

13 ‘‘(3) any money or other thing of value given 

14 voluntarily to a Federal law enforcement officer, or 

15 person acting at the direction of a Federal law en16 forcement officer, in the course of an undercover or 

17 ‘sting’ operation; or 

18 ‘‘(4) any property that is illegal to possess.’’. 

19 (2) CONFORMING AMENDMENT.—The section 

20 analysis for chapter 46 of title 18, United States 

21 Code, is amended by inserting the following after the 

22 entry relating to section 987: 

‘‘Sec. 988. Summary Forfeiture of Contraband.’’. 


bajohnson on PROD1PC69 with BILLS
45 

•S 1860 IS

1 SEC. 304. ALIEN SMUGGLING. 

2 (a) REAL PROPERTY USED IN ALIEN SMUGGLING.— 

3 Section 274(b)(1) of the Immigration and Nationality Act 

4 (8 U.S.C. 1324(b)(1)) is amended by— 

5 (1) striking ‘‘Any conveyance, including any 

6 vessel, vehicle, or aircraft, that has been used in the 

7 commission of a violation’’ and inserting ‘‘Any prop8 erty, real or personal, used or intended to be used 

9 to commit or to facilitate the commission of a viola10 tion’’; and 

11 (2) striking ‘‘such conveyance’’ and inserting 

12 ‘‘such property’’. 

13 (b) PROCEEDS OF ALIEN SMUGGLING.—Section 

14 274(b) of the Immigration and Nationality Act (8 U.S.C. 

15 1324(b)) is amended by adding the following after para16 graph (3): 

17 ‘‘(4) For purposes of this subsection and sec18 tion 982(a)(6) of title 18, the term ‘proceeds’ in19 cludes any property, real or personal, or interest in 

20 such property obtained or retained as a consequence 

21 of an act or omission in violation of this section.’’. 

22 (c) TECHNICAL CORRECTIONS.—Section 274 of the 

23 Immigration and Nationality Act (8 U.S.C. 1324(b)(2)) 

24 is amended— 


bajohnson on PROD1PC69 with BILLS
46 

•S 1860 IS

1 (1) in subsection (b)(2), by inserting ‘‘or the 

2 Secretary for Homeland Security’’ after ‘‘Attorney 

3 General’’; and 

4 (2) in subsection (b)(3)(B), by striking ‘‘the 

5 Service’’ and inserting ‘‘the Department of Home6 land Security’’. 

7 SEC. 305. FOOD STAMP FRAUD. 

8 Section 15(h) of the Food Stamp Act of 1977 (7 

9 U.S.C. 2024(h)) is amended to read as follows: 

10 ‘‘(h) FORFEITURE.— 

11 ‘‘(1) IN GENERAL.—Any property, real or per12 sonal— 

13 ‘‘(A) used or intended to be used to com14 mit or to facilitate the commission of a violation 

15 (other than a misdemeanor) of subsection (b) or 

16 (c), or 

17 ‘‘(B) constituting, derived from, or trace18 able to proceeds of a violation of subsection (b) 

19 or (c), 

20 shall be subject to forfeiture to the United States. 

21 ‘‘(2) APPLICATION OF TITLE 18.—The provi22 sions of chapter 46 of title 18, United States Code, 

23 relating to civil forfeitures, shall extend to any sei24 zure or civil forfeiture under this section.’’. 


bajohnson on PROD1PC69 with BILLS
47 

•S 1860 IS

1 SEC. 306. DEVICES USED TO CREATE OR REPLICATE COUN2 TERFEIT COMPUTER SOFTWARE. 

3 (a) IN GENERAL.—Section 2318(d) of title 18, 

4 United States Code, is amended to read as follows: 

5 ‘‘(d) FORFEITURES.— 

6 ‘‘(1) IN GENERAL.—The following property is 

7 subject to forfeiture to the United States— 

8 ‘‘(A) any counterfeit label and any article 

9 to which a counterfeit label has been affixed or 

10 which was intended to have such label affixed; 

11 ‘‘(B) any implement, device, or equipment 

12 used or intended to be used in the manufacture 

13 of counterfeit labels; and 

14 ‘‘(C) any replicator or other device or thing 

15 used or intended to be used to copy or produce 

16 a computer program or other item to which a 

17 counterfeit label has been affixed. 

18 ‘‘(2) APPLICATION OF CHAPTER 46.—The provi19 sions of chapter 46 of this title relating to civil for20 feitures shall extend to any seizure or civil forfeiture 

21 under this section.’’. 

22 (b) CONFORMING AMENDMENT.—Section 492 of title 

23 18, United States Code, is amended by striking ‘‘or 1720’’ 

24 and inserting ‘‘, 1720 or 2318’’. 


bajohnson on PROD1PC69 with BILLS
48 

•S 1860 IS

1 SEC. 307. PROPERTY USED TO ESCAPE FEDERAL CUSTODY 

2 OR REMAIN A FUGITIVE. 

3 Section 981(a)(1) of title 18, United States Code, is 

4 amended by adding the following after subparagraph (I), 

5 as added by this Act: 

6 ‘‘(J) Any property, real or personal, used or in7 tended to be used— 

8 ‘‘(i) to commit, or to facilitate the commis9 sion of a violation of section 751 or 752 of this 

10 title; or 

11 ‘‘(ii) to facilitate the efforts of any person 

12 to remain a fugitive from justice, as defined in 

13 section 2466(a)(1) of title 28, and any property 

14 traceable to such property.’’. 

15 SEC. 308. COPYRIGHT VIOLATIONS. 

16 Section 2319A(b) of title 18, United States Code, is 

17 amended to read as follows: 

18 ‘‘(b) FORFEITURES.— 

19 ‘‘(1) IN GENERAL.—The following property is 

20 subject to forfeiture to the United States— 

21 ‘‘(A) all copies or phonorecords made, as 

22 well as any plates, molds, matrices, masters, 

23 tapes, and film negatives by means of which 

24 such copies or phonorecords may be made; and 

25 ‘‘(B) all implements, devices, or equipment 

26 used, in any manner or part, to commit or to 


bajohnson on PROD1PC69 with BILLS
49 

•S 1860 IS

1 facilitate the commission of a violation of sub2 section (a). 

3 ‘‘(2) APPLICATION OF CHAPTER 46.—The provi4 sions of chapter 46 of this title relating to civil for5 feitures shall extend to any seizure or civil forfeiture 

6 under this section.’’. 

7 SEC. 309. TRADE SECRETS. 

8 Section 1834 of title 18, United States Code, is 

9 amended to read as follows: 

10 ‘‘§ 1834. Forfeiture 

11 ‘‘(a) The following property is subject to forfeiture 

12 to the United States: 

13 ‘‘(1) any property constituting or derived from 

14 any proceeds obtained directly or indirectly as a re15 sult of a violation of this chapter; and 

16 ‘‘(2) any property used, or intended to be used, 

17 in any manner or part, to commit or to facilitate the 

18 commission of such violation. 

19 ‘‘(b) The provisions of chapter 46 of this title relating 

20 to civil forfeitures shall extend to any seizure or civil for21 feiture under this section.’’. 

22 SEC. 310. CONTRABAND CIGARETTES. 

23 Section 2344(c) of title 18, United States Code, is 

24 amended to read as follows: 

25 ‘‘(c) FORFEITURES.— 


bajohnson on PROD1PC69 with BILLS
50 

•S 1860 IS

1 ‘‘(1) IN GENERAL.—Any contraband cigarettes 

2 involved in any violation or conspiracy to violate any 

3 of the provisions of this chapter, and any proceeds 

4 of such violation or conspiracy to commit such viola5 tion, or any property traceable thereto, shall be sub6 ject to seizure and forfeiture to the United States. 

7 ‘‘(2) The provisions of chapter 46 of this title 

8 relating to civil forfeitures shall extend to any sei9 zure or civil forfeiture under this section.’’. 

10 SEC. 311. RECENTLY ENACTED TITLE 31 VIOLATIONS. 

11 Section 5317(c) of title 31, United States Code, is 

12 amended— 

13 (1) in paragraph (1)(A), by striking ‘‘or’’ after 

14 5316, and adding ‘‘, 5331, or 5363’’ after 5324; and 

15 (2) in paragraph (2), by striking ‘‘or’’ after 

16 5316, and adding ‘‘, 5331, or 5363’’ after 5324. 

17 SEC. 312. ARCHAEOLOGICAL RESOURCES PROTECTION 

18 ACT. 

19 (a) FORFEITURE UNDER THE ARCHAEOLOGICAL RE20 SOURCES PROTECTION ACT.—Section 8(b) of the Archeo21 logical Resources Protection Act of 1979 (Public Law 96– 

22 95; 16 U.S.C. 477gg(b)) is repealed. 

23 (b) CODIFICATION OF ARCHAEOLOGICAL RESOURCE

24 PROTECTION ACT’S CRIMINAL PROVISION IN TITLE 18.— 


bajohnson on PROD1PC69 with BILLS
51 

•S 1860 IS

1 (1) REPEAL.—Section 6 of the Archaeological 

2 Resources Protection Act of 1979 (Public Law 96– 

3 95; 16 U.S.C. 470ee) is repealed. 

4 (2) CODIFICATION.— 

5 (A) IN GENERAL.—Chapter 65 of title 18, 

6 United States Code, is amended by adding at 

7 the end the following new section: 

8 ‘‘§ 1370. Archaeological resources—prohibited acts 

9 and criminal penalties 

10 ‘‘(a) DAMAGE OR REMOVE.—No person may exca11 vate, remove, damage, or otherwise alter or deface or at12 tempt to excavate, remove, damage, or otherwise alter or 

13 deface any archaeological resource located on public lands 

14 or Indian lands unless such activity is pursuant to a per15 mit issued under section 4 of the Archaeological Resources 

16 Protection Act of 1979 (16 U.S.C. 470aa et seq.), a per17 mit referred to in section 4(h)(2) of the Archaeological Re18 sources Protection Act of 1979 (16 U.S.C. 470aa et seq.), 

19 or the exemption contained in section 4(g)(1) of the Ar20 chaeological Resources Protection Act of 1979 (16 U.S.C. 

21 470aa et seq.). 

22 ‘‘(b) SALE OR PURCHASE.— 

23 ‘‘(1) IN GENERAL.—No person may sell, pur24 chase, exchange, transport, receive, or offer to sell, 

25 purchase, or exchange any archaeological resource if 


bajohnson on PROD1PC69 with BILLS
52 

•S 1860 IS

1 such resource was excavated or removed from public 

2 lands or Indian lands in violation of— 

3 ‘‘(A) the prohibition contained in sub4 section (a) of this section; or 

5 ‘‘(B) any provision, rule, regulation, ordi6 nance, or permit in effect under any other pro7 vision of Federal law. 

8 ‘‘(2) PRIOR POSSESSION.—Nothing in para9 graph (1) shall be deemed applicable to any person 

10 with respect to any archaeological resource which 

11 was in the lawful possession of such person prior to 

12 October 31, 1979. 

13 ‘‘(c) STATE OR LOCAL LAW.—No person may sell, 

14 purchase, exchange, transport, receive, or offer to sell, 

15 purchase, or exchange, in interstate of foreign commerce, 

16 any archaeological resource excavated, removed, sold, pur17 chased, exchanged, transported, or received in violation of 

18 any provision, rule, regulation, ordinance, or permit in ef19 fect under State or local law. 

20 ‘‘(d) PENALTY.— 

21 ‘‘(1) IN GENERAL.—Any person who knowingly 

22 violates, or counsels, procures, solicits, or employs 

23 any other person to violate, any prohibition con24 tained in subsection (a), (b), or (c) of this section 

25 shall, upon conviction, be fined in accordance with 


bajohnson on PROD1PC69 with BILLS
53 

•S 1860 IS

1 this title, or imprisoned not more than 10 years, or 

2 both; but if the sum of the commercial and archae3 ological value of the archaeological resources in4 volved and the cost of restoration and repair does 

5 not exceed $500, such person shall be fined under 

6 this title, imprisoned not more than 1 year, or both. 

7 In the case of a second or subsequent such violation, 

8 upon conviction such person shall be fined in accord9 ance with this title, or imprisoned not more than 20 

10 years, or both. 

11 ‘‘(2) ARROWHEADS.—Nothing in subsection (d) 

12 shall be deemed applicable to any person with re13 spect to the removal of arrowheads located on the 

14 surface of the ground. 

15 ‘‘(e) EFFECTIVE DATE.—The prohibitions contained 

16 in this section shall take effect on October 31, 1979. 

17 ‘‘(f) FORFEITURES.— 

18 ‘‘(1) IN GENERAL.—The following property is 

19 subject to forfeiture to the United States: 

20 ‘‘(A) All archeological resources involved in 

21 a violation of subsection (a), (b) or (c) of this 

22 section. 

23 ‘‘(B) All proceeds derived directly or indi24 rectly from such violation. 


bajohnson on PROD1PC69 with BILLS
54 

•S 1860 IS

1 ‘‘(C) Any vehicle, equipment, or other 

2 property used or intended to be used to commit 

3 or to facilitate the commission of such violation. 

4 ‘‘(D) All property traceable to such prop5 erty. 

6 ‘‘(2) APPLICATION OF CHAPTER 46.—The provi7 sions of chapter 46 of this title relating to civil for8 feitures shall extend to any seizure or civil forfeiture 

9 under this section.’’. 

10 (B) CHAPTER ANALYSIS.—The chapter 

11 analysis at the beginning of chapter 65 of title 

12 18, United States Code, is amended by adding 

13 at the end the following new item: 

‘‘1370. Archaeological resources—prohibited acts and criminal penalties.’’. 

14 (c) STATUTE OF LIMITATIONS FOR CRIMINAL VIOLA15 TIONS OF ARCHAEOLOGICAL RESOURCES PROTECTION

16 ACT.— 

17 (1) IN GENERAL.—Chapter 213 of title 18, 

18 United States Code, is amended by adding at the 

19 end the following new section: 

20 ‘‘§ 3298. Archeological resources offenses 

21 ‘‘No person shall be prosecuted, tried, or punished 

22 for a violation of, or conspiracy to violate, section 1370, 

23 title 18, United States Code, unless the indictment is re24 turned or the information is filed within 20 years after 

25 the commission of the offense.’’. 


bajohnson on PROD1PC69 with BILLS
55 

•S 1860 IS

1 (2) CHAPTER ANALYSIS.—The chapter analysis 

2 at the beginning of chapter 213 of title 18, United 

3 States Code, is amended by adding at the end the 

4 following new item: 

‘‘3298. Archeological resources offenses.’’. 

5 SEC. 313. COMPUTER FRAUD. 

6 Section 1030 of title 18, United States Code, is 

7 amended by inserting after subsection (h) the following: 

8 ‘‘(i)(1) The court, in imposing sentence on any person 

9 convicted of a violation of this section, or convicted of con10 spiracy to violate this section, shall order, in addition to 

11 any other sentence imposed and irrespective of any provi12 sion of State law, that such person forfeit to the United 

13 States— 

14 ‘‘(A) such person’s interest in any personal 

15 property that was used or intended to be used to 

16 commit or to facilitate the commission of such viola17 tion; and 

18 ‘‘(B) any property, real or personal, consti19 tuting or derived from, any proceeds that such per20 son obtained, directly or indirectly, as a result of 

21 such violation. 

22 ‘‘(2) The criminal forfeiture of property under this 

23 subsection, any seizure and disposition thereof, and any 

24 judicial proceeding in relation thereto, shall be governed 

25 by the provisions of section 413 of the Comprehensive 


bajohnson on PROD1PC69 with BILLS
56 

•S 1860 IS

1 Drug Abuse Prevention and Control Act of 1970 (21 

2 U.S.C. 853), except subsection (d) of that section. 

3 ‘‘(j)(1) The following shall be subject to forfeiture to 

4 the United States and no property right shall exist in 

5 them: 

6 ‘‘(A) Any personal property used or intended to 

7 be used to commit or to facilitate the commission of 

8 any violation of this section, or a conspiracy to vio9 late this section. 

10 ‘‘(B) Any property, real or personal, which con11 stitutes or is derived from proceeds traceable to any 

12 violation of this section, or a conspiracy to violate 

13 this section. 

14 ‘‘(2) The provisions of chapter 46 of this title relating 

15 to civil forfeiture shall apply to any seizure or civil for16 feiture under this subsection.’’. 

17 SEC. 314. FALSE IMPERSONATION. 

18 (a) IN GENERAL.—Chapter 43 of title 18, United 

19 States Code, is amended by inserting the following after 

20 section 917: 

21 ‘‘SEC. 918. FORFEITURE. 

22 ‘‘(a)(1) The court, in imposing sentence on any per23 son convicted of a violation of this chapter or convicted 

24 of conspiracy to violate this section, shall order, in addi25 tion to any other sentence imposed and irrespective of any 


bajohnson on PROD1PC69 with BILLS
57 

•S 1860 IS

1 provision of State law, that such person forfeit to the 

2 United States— 

3 ‘‘(A) any property that was used or intended to 

4 be used to commit or to facilitate the commission of 

5 such violation; and 

6 ‘‘(B) any property constituting or derived from, 

7 any proceeds that such person obtained, directly or 

8 indirectly, as a result of such violation. 

9 ‘‘(2) The criminal forfeiture of property under this 

10 subsection, any seizure and disposition thereof, and any 

11 judicial proceeding in relation thereto, shall be governed 

12 by the provisions of section 413 of the Comprehensive 

13 Drug Abuse Prevention and Control Act of 1970 (21 

14 U.S.C. 853), except subsection (d) of that section. 

15 ‘‘(b)(1) The following shall be subject to forfeiture 

16 to the United States and no property right shall exist in 

17 them: 

18 ‘‘(A) Any property used or intended to be 

19 used to commit or to facilitate the commission 

20 of any violation of this chapter or any con21 spiracy to commit such violation, and any prop22 erty traceable to such property. 

23 ‘‘(B) Any property that constitutes or is 

24 derived from proceeds traceable to any violation 


bajohnson on PROD1PC69 with BILLS
58 

•S 1860 IS

1 of this chapter or a conspiracy to commit such 

2 violation. 

3 ‘‘(2) The provisions of chapter 46 of this title 

4 relating to civil forfeiture shall apply to any seizure 

5 or civil forfeiture under this subsection.’’. 

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

7 chapter 43 of title 18, United States Code, is amended 

8 by adding the following at the end: 

‘‘918. Forfeiture.’’. 

9 SEC. 315. CONSPIRACIES INVOLVING TRAFFICKING IN PER10 SONS. 

11 (a) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

12 title 18, United States Code, is amended by inserting ‘‘sec13 tion 241 (involving conspiracies against rights),’’ before 

14 ‘‘section 351’’. 

15 (b) ASSET FORFEITURE.—Section 1594(b) of title 

16 18, United States Code, is amended by inserting ‘‘or a 

17 conspiracy to commit such violation’’ after ‘‘a violation of 

18 this chapter’’. 

19 Subtitle B—Money Laundering 

20 SEC. 321. INTERSTATE TRANSPORTATION OF CRIMINAL 

21 PROCEEDS AND ‘‘REVERSE’’ MONEY LAUN22 DERING. 

23 (a) IN GENERAL.—Section 1957(a) of title 18, 

24 United States Code, is amended to read as follows: 


bajohnson on PROD1PC69 with BILLS
59 

•S 1860 IS

1 ‘‘(a)(1) Whoever, in any of the circumstances set 

2 forth in subsection (d)— 

3 ‘‘(A) conducts or attempts to conduct a mone4 tary transaction involving property of a value great5 er than $10,000 that is derived from specified un6 lawful activity, knowing that the property is derived 

7 from some form of unlawful activity; or 

8 ‘‘(B) conducts or attempts to conduct a mone9 tary transaction involving property of a value great10 er than $10,000, with the intent to promote the car11 rying on of specified unlawful activity, 

12 shall be punished as provided in subsection (b). 

13 ‘‘(2) Whoever, in the any of the circumstances set 

14 forth in subsection (d), transports, attempts to transport, 

15 or conspires to transport more than $10,000 in currency 

16 in interstate commerce— 

17 ‘‘(A) knowing that the currency was derived 

18 from some form of unlawful activity; or 

19 ‘‘(B) knowing that the currency was intended to 

20 be used to promote some form of unlawful activity, 

21 shall be punished as provided in subsection (b).’’. 

22 (b) PENALTY.—Section 1957(b) of title 18, United 

23 States Code, is amended— 

24 (1) in paragraph (1), by striking ‘‘paragraph 

25 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 


bajohnson on PROD1PC69 with BILLS
60 

•S 1860 IS

1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) The maximum period of incarceration for a per4 son convicted of an offense under subsection (a)(1)(B) 

5 must not exceed the statutory maximum for the offense 

6 being promoted.’’. 

7 (c) CONFORMING AMENDMENT.—Section 1957(f) of 

8 title 18, United States Code, is amended— 

9 (1) in paragraph (2) by striking ‘‘and’’ after 

10 the semicolon; 

11 (2) in paragraph (3), by striking the period and 

12 inserting ‘‘; and’’; and 

13 (3) by inserting at the end the following: 

14 ‘‘(4) the term ‘conducts’ has the same meaning 

15 as it does for purposes of section 1956 of this title.’’. 

16 (d) HEADING.— 

17 (1) IN GENERAL.—Section 1957 of title 18, 

18 United States Code, is amended in the heading by 

19 inserting ‘‘or in support of criminal activity’’ after 

20 ‘‘specified unlawful activity’’. 

21 (2) CHAPTER ANALYSIS.—The item relating to 

22 section 1957 in the chapter analysis for chapter 95 

23 of title 18, United States Code, is amended to read 

24 as follows: 

‘‘1957. Conducting monetary transactions in property derived from specified unlawful activity or in support of criminal activity.’’. 


bajohnson on PROD1PC69 with BILLS
61 

•S 1860 IS

1 SEC. 322. FREEZING BANK ACCOUNTS OF PERSONS AR2 RESTED FOR OFFENSES INVOLVING THE 

3 MOVEMENT OF MONEY ACROSS INTER4 NATIONAL BORDERS. 

5 Section 981(b) of title 18, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(5)(A) If a person is arrested or charged in 

8 connection with an offense described in subpara9 graph (C) involving the movement of funds into or 

10 out of the United States, the Attorney General may 

11 apply to any Federal judge or magistrate judge in 

12 the district in which the arrest is made or the 

13 charges are filed for an ex parte order restraining 

14 any account held by the person arrested or charged 

15 for not more than 30 days, except that the time may 

16 be extended for good cause shown at a hearing con17 ducted in the manner provided in rule 43(e) of the 

18 Federal Rules of Civil Procedure. The court may re19 ceive and consider evidence and information sub20 mitted by the Government that would be inadmis21 sible under the Federal Rules of Evidence. 

22 ‘‘(B) The application for the restraining order 

23 referred to in subparagraph (A) shall— 

24 ‘‘(i) identify the offense for which the per25 son has been arrested or charged; 


bajohnson on PROD1PC69 with BILLS
62 

•S 1860 IS

1 ‘‘(ii) identify the location and description 

2 of the accounts to be restrained; and 

3 ‘‘(iii) state that the restraining order is 

4 needed to prevent the removal of the funds in 

5 the account by the person arrested or charged, 

6 or by others associated with such person, dur7 ing the time needed by the Government to con8 duct such investigation as may be necessary to 

9 establish whether there is probable cause to be10 lieve that the funds in the accounts are subject 

11 to forfeiture in connection with the commission 

12 of any criminal offense. 

13 ‘‘(C) A restraining order may be issued pursu14 ant to subparagraph (A) if a person is arrested or 

15 charged with any offense for which forfeiture is au16 thorized under this title, title 31, or the Controlled 

17 Substances Act. 

18 ‘‘(D) For purposes of this paragraph— 

19 ‘‘(i) the term ‘account’ includes any safe 

20 deposit box and any account (as defined in sec21 tion 5318A(e)(1) and (e)(2)) at any financial 

22 institution; and 

23 ‘‘(ii) the term ‘account held by the person 

24 arrested or charged’ includes an account held in 

25 the name of such person, and any account over 


bajohnson on PROD1PC69 with BILLS
63 

•S 1860 IS

1 which such person has effective control as a sig2 natory or otherwise. 

3 ‘‘(E) Restraint pursuant to this paragraph shall 

4 not be deemed a seizure for purposes of subsection 

5 983(a) of this title. 

6 ‘‘(F) A restraining order issued pursuant to 

7 this paragraph may be executed in any district in 

8 which the subject account is found, or transmitted 

9 to the central authority of any foreign state for serv10 ice in accordance with any treaty or other inter11 national agreement.’’. 

12 SEC. 323. PROCEDURE FOR ISSUING SUBPOENAS IN CER13 TAIN MONEY LAUNDERING AND FORFEITURE 

14 CASES. 

15 (a) IN GENERAL.—Section 986 of title 18, United 

16 States Code, is amended— 

17 (1) in subsection (a)— 

18 (A) by inserting ‘‘(1)’’ before ‘‘At any 

19 time’’; 

20 (B) by striking ‘‘section 1956, 1957, or 

21 1960 of this title, section 5322 or 5324 of title 

22 31, United States Code’’ and inserting ‘‘section 

23 981 or 982 of this title, or sections 5317 and 

24 5332 of title 31’’; 

25 (C) by striking ‘‘in rem’’; and 


bajohnson on PROD1PC69 with BILLS
64 

•S 1860 IS

1 (D) by striking the last sentence and in2 serting the following: 

3 ‘‘(2) The United States may request the Clerk 

4 of the Court in any district where a civil forfeiture 

5 action may be filed pursuant to 1355(b) of title 28 

6 to issue a subpoena duces tecum under paragraph 

7 (1) before the filing of the verified complaint.’’; 

8 (2) in subsection (c), by inserting ‘‘or the Fed9 eral Rules of Criminal Procedure’’ after ‘‘Proce10 dure’’; and 

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

12 ‘‘(e) PROCEDURE FOR ISSUING SUBPOENAS.—The 

13 Attorney General, a United States Attorney, an Assistant 

14 United States Attorney, or an attorney in the Criminal 

15 Division of the Department of Justice may issue a sub16 poena for evidence in any investigation of a violation of 

17 sections 1956, 1957, or 1960 of this title 18, or section 

18 5332 of title 31, in the manner set forth in section 3486 

19 of this title.’’. 

20 (b) GRAND JURY SUBPOENAS.—Section 

21 5318(k)(3)(A) of title 31, United States Code, is amended 

22 by— 

23 (1) in clause (i) by striking ‘‘related to such 

24 correspondent account’’; and 

25 (2) adding after clause (ii) the following: 


bajohnson on PROD1PC69 with BILLS
65 

•S 1860 IS

1 ‘‘(iii) GRAND JURY OR TRIALSUB2 POENA.—In addition to a subpoena issued 

3 by the Attorney General or the Secretary 

4 of the Treasury, a subpoena under clause 

5 (i) may also be a grand jury or trial sub6 poena.’’. 

7 (c) FAIR CREDIT REPORTING ACT AMENDMENT.— 

8 Section 604(a)(1) of the Fair Credit Reporting Act (15 

9 U.S.C. 1681b(a)(1)) is amended by inserting before the 

10 period at the end ‘‘, or an investigative subpoena issued 

11 pursuant to 31 U.S.C. 5318’’. 

12 (d) OBSTRUCTION OF JUSTICE.—Section 1510(b) of 

13 title 18, United States Code, is amended— 

14 (1) in paragraph (b)(2)(A), by inserting ‘‘or an 

15 investigative subpoena issued pursuant to 31 U.S.C. 

16 5318’’ after ‘‘grand jury subpoena’’; and 

17 (2) in paragraph (b)(3)(B), by inserting ‘‘, an 

18 investigative subpoena issued pursuant to 31 U.S.C. 

19 5318,’’ after ‘‘grand jury subpoena’’. 

20 (e) RIGHT TO FINANCIAL PRIVACY ACT.—Section 

21 1120 of the Financial Institutions Regulatory and Interest 

22 Rate Control Act of 1978 (12 U.S.C. 3420), is amended— 

23 (1) in subsection (a)(1) by inserting ‘‘or to the 

24 Government’’ after ‘‘to the grand jury’’; and 

25 (2) in subsection (b)(1)— 


bajohnson on PROD1PC69 with BILLS
66 

•S 1860 IS

1 (A) by inserting ‘‘, or an investigative sub2 poena issued pursuant to 31 U.S.C. 5318,’’ 

3 after ‘‘grand jury subpoena’’; and 

4 (B) by striking subparagraph (A) and in5 serting the following: 

6 ‘‘(A) crime against any financial institution 

7 or supervisory agency or crime involving a viola8 tion of the Controlled Substances Act (21 

9 U.S.C. 801 et seq.), the Controlled Substances 

10 Import and Export Act (21 U.S.C. 951 et seq.), 

11 section 1956, 1957, or 1960 of title 18, sections 

12 5313, 5316, 5322, 5324, 5331, or 5332 of title 

13 31, or section 6050I of title 26; or’’. 

14 SEC. 324. USING BLANK CHECKS IN BEARER FORM TO 

15 SMUGGLE MONEY. 

16 Section 5316 of title 31, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT LEFT

19 BLANK.—For purposes of this section, a monetary instru20 ment that has the amount left blank shall be considered 

21 to have a value in excess of $10,000 if the instrument was 

22 drawn on an account that contained or was intended to 

23 contain more than $10,000 at the time the instrument was 

24 being transported, or at the time it was negotiated or was 

25 intended to be negotiated.’’. 


bajohnson on PROD1PC69 with BILLS
67 

•S 1860 IS

1 SEC. 325. TREATING ELECTRONIC FUNDS AS FUNGIBLE 

2 PROPERTY. 

3 Section 5317(c) of title 31, United States Code, is 

4 amended by adding after paragraph (2) the following: 

5 ‘‘(3)(A) In any civil forfeiture action brought 

6 pursuant to this section, section 5332, or section 

7 981(a)(1)(A) of title 18, currency, precious metals, 

8 gemstones, and funds held in any account or safe 

9 deposit box at any financial institution shall be con10 sidered fungible property identical to other property 

11 located in the same place or account at an earlier 

12 time. 

13 ‘‘(B) In any case where (A) applies, it shall not 

14 be necessary for the Government to identify the spe15 cific property involved in the offense that is the basis 

16 for the forfeiture, nor shall it be a defense that the 

17 property involved in such offense has been removed 

18 and replaced by identical property.’’. 

19 SEC. 326. BULK CASH SMUGGLING. 

20 Section 5332(a) of title 31, United States Code, is 

21 amended in subsection (b)(1), by striking ‘‘5’’ and insert22 ing ‘‘10’’. 

23 SEC. 327. MAKING THE INTERNATIONAL MONEY LAUN24 DERING STATUTE APPLY TO TAX EVASION. 

25 Section 1956(a)(2)(A) of title 18, United States 

26 Code, is amended by— 


bajohnson on PROD1PC69 with BILLS
68 

•S 1860 IS

1 (1) inserting ‘‘(i)’’ before ‘‘with the intent to 

2 promote’’; and 

3 (2) inserting the following after ‘‘or’’: 

4 ‘‘(ii) with the intent to engage in con5 duct constituting a violation of section 

6 7201 or 7206 of the Internal Revenue 

7 Code of 1986; or’’. 

8 SEC. 328. PROHIBITING MONEY LAUNDERING THROUGH 

9 HAWALAS, OTHER INFORMAL VALUE TRANS10 FER SYSTEMS, AND CLOSELY RELATED 

11 TRANSACTIONS. 

12 Section 1956(a)(1) of title 18, United States Code, 

13 is amended by striking ‘‘For purposes of this paragraph, 

14 a financial transaction’’ and inserting ‘‘For purposes of 

15 this paragraph and section 1957, a financial transaction 

16 or a monetary transaction’’. 

17 SEC. 329. SECTION 1957 VIOLATIONS INVOLVING COMMIN18 GLED FUNDS AND STRUCTURED TRANS19 ACTIONS. 

20 Section 1957 of title 18, United States Code, is 

21 amended by adding after subsection (f) the following: 

22 ‘‘(g) The Government may satisfy the $10,000 re23 quirement in subsection (a)(1) by showing that— 

24 ‘‘(1) the monetary transaction involved the 

25 transfer, withdrawal, encumbrance, or other disposiVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
69 

•S 1860 IS

1 tion of more than $10,000 from an account in which 

2 more than $10,000 in proceeds of specified unlawful 

3 activity was commingled with other funds; or 

4 ‘‘(2) the defendant conducted a series of mone5 tary transactions in amounts under $10,000 that ex6 ceeded $10,000 in the aggregate and that were 

7 closely related to each other in terms of such factors 

8 as time, the identity of the parties involved, the na9 ture or purpose of the transactions or the manner in 

10 which they are conducted.’’. 

11 SEC. 330. CHARGING MONEY LAUNDERING AS A COURSE OF 

12 CONDUCT. 

13 (a) IN GENERAL.—Section 1956 of title 18, United 

14 States Code, as amended by this Act, is further amended 

15 by adding at the end the following: 

16 ‘‘(k) Multiple violations of this section that are part 

17 of the same scheme or continuing course of conduct may 

18 be charged, at the election of the Government, in a single 

19 count in an indictment or information.’’. 

20 (b) CONSPIRACIES.—Section 1956(h) of title 18 is 

21 amended by inserting ‘‘, or section 1960’’ after ‘‘section 

22 1957.’’. 


bajohnson on PROD1PC69 with BILLS
70 

•S 1860 IS

1 SEC. 331. KNOWLEDGE THAT THE PROPERTY IS THE PRO2 CEEDS OF A SPECIFIC FELONY. 

3 (a) PROCEEDS OF A FELONY.—Section 1956(c)(1) of 

4 title 18, United States Code, is amended by inserting ‘‘, 

5 and regardless of whether or not the person knew that 

6 the activity constituted a felony’’ before the semicolon. 

7 (b) INTENT To CONCEALOR DISGUISE.—Sections 

8 1956(a)(1)(B)(i) and 1956(a)(2)(B)(i) of title 18, United 

9 States Code, are amended by striking ‘‘specified unlawful 

10 activity’’ and inserting ‘‘some form of unlawful activity’’. 

11 SEC. 332. OTHER SPECIFIED ACTIVITY FOR MONEY LAUN12 DERING. 

13 (a) AMENDMENTS TO RICO.—Section 1961(1) of 

14 title 18, United States Code, is amended as follows: 

15 (1) BURGLARY AND EMBEZZLEMENT.—In sub16 paragraph (A), by inserting ‘‘burglary, embezzle17 ment,’’ after ‘‘robbery,’’. 

18 (2) SECURITIES FRAUD.—(A) In subparagraph 

19 (D), by striking ‘‘fraud in the sale of securities’’ and 

20 inserting ‘‘fraud in the purchase or sale of securi21 ties’’; and (B) in subparagraph (B) by inserting 

22 ‘‘section 1348 (relating to securities fraud), section 

23 1349 (relating to attempt and conspiracy),’’ before 

24 ‘‘section 1425’’. 

25 (3) ALIEN SMUGGLING.—In subparagraph (F), 

26 by inserting ‘‘and 274A’’ after ‘‘274’’. 


bajohnson on PROD1PC69 with BILLS
71 

•S 1860 IS

1 (b) IDENTITY THEFT.— 

2 (1) SOCIALSECURITY NUMBER.—Section 

3 1956(c)(7)(D) of title 18, United States Code, is 

4 amended by inserting the following at the end before 

5 the semicolon: ‘‘, or 42 U.S.C. 408 (relating to ob6 taining funds through misuse of a social security 

7 number)’’. 

8 (2) IDENTITY THEFT.—Section 1961(1)(B) of 

9 title 18, United States Code, is amended by insert10 ing ‘‘section 1028A (relating to aggravated identity 

11 theft),’’ before ‘‘section 1029’’. 

12 (c) COUNTERFEITING.—Section 1956(c)(7)(D) of 

13 title 18, United States Code, is amended by inserting ‘‘sec14 tions 474, 476, 477, 478, 479, 480, 481, 485, 486, 487, 

15 or 488 (relating to counterfeiting),’’ before ‘‘any of sec16 tions 500 through 503’’. 

17 (d) FORGERY.—Section 1956(c)(7)(D) of title 18, 

18 United States Code, is amended by inserting ‘‘, section 

19 510 (relating to forgery)’’ before ‘‘section 513’’. 

20 (e) EXPLOSIVES.—Section 1956(c)(7)(D) of title 18, 

21 United States Code, is amended by striking ‘‘section 

22 844(f) or (i)’’ and inserting ‘‘sections 842 and 844’’. 

23 (f) FOREIGN AGENTS.—Section 1956(c)(7)(D) of 

24 title 18, United States Code, is amended by inserting ‘‘secVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
72 

•S 1860 IS

1 tion 951 (relating to agents of foreign governments),’’ 

2 after ‘‘section 924(n) (relating to firearms trafficking),’’. 

3 (g) OBSCENITY.—Section 1956(c)(7)(D) of title 18, 

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

5 1470 (relating to obscenity and minors),’’ before ‘‘section 

6 1708’’, and by inserting ‘‘section 2252B (relating to mis7 leading Internet domain names),’’ before ‘‘section 2280’’. 

8 (h) FALSE CLAIMS.—Section 1956(c)(7)(D) of title 

9 18, United States Code, is amended by inserting ‘‘sections 

10 286–87 (relating to false claims against the United 

11 States),’’ before ‘‘section 351’’. 

12 (i) PROTECTION OF NATURAL RESOURCES AND CUL13 TURAL ASSETS.—Section 1956(c)(7) of title 18, United 

14 States Code, is amended— 

15 (1) in subparagraph (E), by striking ‘‘or’’ and 

16 inserting ‘‘, or the Clean Air Act (42 U.S.C. 7401 

17 et seq.), the Federal Insecticide, Fungicide, and 

18 Rodenticide Act of 1988 (7 U.S.C. 136 et seq.), the 

19 Federal Cave Resources Protection Act (16 U.S.C. 

20 4301 et seq.), or any wildlife protection offense, as 

21 defined in section 49,’’ after ‘‘the Resources Con22 servation and Recovery Act (42 U.S.C. 6901 et 

23 seq.)’’; and 

24 (2) by inserting after paragraph (F) the fol25 lowing: 


bajohnson on PROD1PC69 with BILLS
73 

•S 1860 IS

1 ‘‘(G) any violation of the Archaeological 

2 Resources Protection Act (16 U.S.C. 470aa, et 

3 seq. and 18 U.S.C. 1370), or the Native Amer4 ican Graves Protection and Repatriation Act 

5 (25 U.S.C. 3001, et seq.).’’. 

6 (j) WILDLIFE PROTECTION OFFENSE.— 

7 (1) IN GENERAL.—Chapter 3 of title 18, United 

8 States Code, is amended by inserting after section 

9 48 the following: 

10 ‘‘§ 49. Definition of wildlife protection offense 

11 ‘‘(a) As used in this title, the term ‘wildlife protection 

12 offense’ means any violation of a provision of this chapter 

13 or of any Act listed in subsection (b), or any regulation 

14 promulgated thereunder, that may be prosecuted as a 

15 criminal offense. 

16 ‘‘(b) The statutes referred to in subsection (a) include 

17 the following: 

18 ‘‘(1) The Lacey Act (16 U.S.C. 3371–78 and 

19 18 U.S.C. 42). 

20 ‘‘(2) The Endangered Species Act (16 U.S.C. 

21 1538–1540). 

22 ‘‘(3) The Marine Mammal Protection Act (16 

23 U.S.C. 1371–1377). 

24 ‘‘(4) The African Elephant Conservation Act 

25 (16 U.S.C. 4222–24). 


bajohnson on PROD1PC69 with BILLS
74 

•S 1860 IS

1 ‘‘(5) The Wild Exotic Bird Conservation Act 

2 (16 U.S.C. 4910–4912). 

3 ‘‘(6) The Bald and Golden Eagle Protection Act 

4 (16 U.S.C. 668). 

5 ‘‘(7) The Migratory Bird Treaty Act (16 U.S.C. 

6 703–707). 

7 ‘‘(8) The Migratory Bird Hunting Conservation 

8 Stamp Act (16 U.S.C. 718f). 

9 ‘‘(9) The Airborne Hunting Act (16 U.S.C. 

10 742j–1). 

11 ‘‘(10) The Antarctic Conservation Act (16 

12 U.S.C. 2403–2410). 

13 ‘‘(11) The National Wildlife Refuge System Ad14 ministration Act (16 U.S.C. 668dd). 

15 ‘‘(12) The Rhinoceros and Tiger Conservation 

16 Act (16 U.S.C. 5305a). 

17 ‘‘(13) The Antarctic Marine Living Resources 

18 Convention (16 U.S.C. 2435). 

19 ‘‘(14) The Fur Seal Act (16 U.S.C. 1152– 

20 1156).’’. 

21 (2) CHAPTER ANALYSIS.—The chapter analysis 

22 for chapter 3 of title 18, United States Code, is 

23 amended by inserting after the item for section 48 

24 the following: 

‘‘49. Definition of wildlife protection offense.’’. 


bajohnson on PROD1PC69 with BILLS
75 

•S 1860 IS

1 SEC. 333. ILLEGAL MONEY TRANSMITTING BUSINESSES. 

2 (a) ‘‘MONEY TRANSMITTING BUSINESS’’ DE3 FINED.—Section 1960(b)(2) of title 18, United States 

4 Code, is amended to read as follows: 

5 ‘‘(2) the term ‘money transmitting business’ 

6 means any business other than the United States 

7 Postal Service, which provides check cashing, cur8 rency exchange, money transmitting or remittance 

9 services, or issues, sells or redeems money orders, 

10 travelers’ checks, or other similar instruments or, 

11 any other person or association of persons, formal or 

12 informal, engaging as a business in transporting, 

13 transferring, exchanging, or transmitting currency 

14 or funds in any form, including any person or asso15 ciation of persons, formal or informal, engaging as 

16 a business in any informal money transfer system or 

17 any network of people who engage as a business in 

18 facilitating the transfer of money domestically or 

19 internationally outside of the conventional financial 

20 institutions systems.’’. 

21 (b) GENERAL INTENT REQUIREMENT FOR SECTION

22 1960(b)(1)(B).—Section 1960(b)(1)(B) of title 18, 

23 United States Code, is amended by inserting before the 

24 semicolon the following: ‘‘, whether or not the defendant 

25 knew that the operation was required to comply with such 

26 registration requirements’’. 


bajohnson on PROD1PC69 with BILLS
76 

•S 1860 IS

1 (c) AUTHORITY To INVESTIGATE.—Section 1960 of 

2 title 18, United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(c) Violations of this section may be investigated by 

5 the Attorney General, the Secretary of the Treasury, and 

6 the Secretary of the Department of Homeland Security.’’. 

7 (d) TECHNICAL AMENDMENTS.—Section 1960 of 

8 title 18, United States Code, is amended— 

9 (1) in the title by striking ‘‘unlicensed’’ and in10 serting ‘‘illegal’’; 

11 (2) in subsection (a) by striking ‘‘unlicensed’’ 

12 and inserting ‘‘illegal’’; 

13 (3) in subsection (b)(1) by striking ‘‘unli14 censed’’ and inserting ‘‘illegal’’; and 

15 (4) in subsection (b)(1)(C) by inserting ‘‘, ex16 change’’ after ‘‘transportation.’’ 

17 SEC. 334. TECHNICAL CORRECTION TO THE USA PATRIOT 

18 ACT. 

19 Section 5317(c) of title 31, United States Code, is 

20 amended by inserting ‘‘5314,’’ after ‘‘5313,’’. 

21 SEC. 335. TECHNICAL AMENDMENT TO RESTORE WIRETAP 

22 AUTHORITY FOR CERTAIN MONEY LAUN23 DERING OFFENSES. 

24 (a) CURRENCY REPORTING OFFENSES.—Section 

25 2516(1)(g) of title 18, United States Code, is amended 


bajohnson on PROD1PC69 with BILLS
77 

•S 1860 IS

1 by striking ‘‘or section 5324 of title 31, United States 

2 Code (relating to structuring transactions to evade report3 ing requirement prohibited’’ and inserting ‘‘or sections 

4 5324 and 5332 of title 31, United States Code (relating 

5 to structuring financial transactions and bulk cash smug6 gling)’’. 

7 (b) MONEY LAUNDERING.—Section 2516(1)(c) is 

8 amended by inserting ‘‘section 1960 (relating to illegal 

9 money transmitting businesses),’’ before ‘‘section 659’’. 

10 SEC. 336. MISCELLANEOUS MINOR AND TECHNICAL 

11 AMENDMENTS. 

12 (a) CRIMINAL FORFEITURE.—Section 982(b) of title 

13 18, United States Code, is amended in subsection (b)(2), 

14 by striking ‘‘The substitution’’ and inserting ‘‘With re15 spect to a forfeiture under subsection (a)(1), the substi16 tution’’. 

17 (b) DEFINITION OF FINANCIAL INSTITUTION.—Sec18 tion 1956(c)(6) of title 18, United States Code, is amend19 ed by— 

20 (1) in subparagraph (A), by striking ‘‘and’’ at 

21 the end; 

22 (2) in subparagraph (B), by inserting ‘‘and’’ 

23 after the semicolon; and 

24 (3) inserting the following at the end: 

25 ‘‘(C) a bail bondsman;’’. 


bajohnson on PROD1PC69 with BILLS
78 

•S 1860 IS

1 (c) OTHER AMENDMENTS TO SECTIONS 1956 AND

2 1957.— 

3 (1) PENALTIES.—Section 1956(b) of title 18, 

4 United States Code, is amended by inserting after 

5 paragraph (4) the following: 

6 ‘‘(5) STAY OF ACTION.—If a civil action is filed 

7 under this subsection, either party may move to stay 

8 the action in accordance with section 981(g) of this 

9 title.’’. 

10 (2) DEFINITIONS.—Section 1956(c) of title 18, 

11 United States Code, is amended— 

12 (A) in paragraph (7)(F), by inserting ‘‘, as 

13 defined in section 24 of this title’’ before the 

14 semicolon; 

15 (B) in paragraph (8), by striking the pe16 riod and inserting ‘‘; or’’; and 

17 (C) by inserting after paragraph (8) the 

18 following: 

19 ‘‘(9) the term ‘proceeds’ any property or inter20 est in property obtained or retained as a con21 sequence of an act or omission; ‘proceeds’ means 

22 gross proceeds, not net profits.’’. 

23 (d) OBSTRUCTION OF JUSTICE.—Section 

24 1510(b)(3)(B) of title 18, United States Code, is amended 


bajohnson on PROD1PC69 with BILLS
79 

•S 1860 IS

1 by striking ‘‘or’’ the first time it appears and inserting 

2 ‘‘, a subpoena issued pursuant to 28 U.S.C. 1782, or’’. 

3 (e) CLARIFYING TECHNICAL CORRECTION TO 31 

4 U.S.C. 5324(a).—Section 5324(a) of title 31, United 

5 States Code, is amended by inserting ‘‘the recordkeeping 

6 requirements of’’ after ‘‘section 5313(a) or’’, the first time 

7 it appears. 

8 SEC. 337. TECHNICAL CORRECTION REGARDING FOR9 FEITURE AUTHORITY FOR SECRETARY, 

10 HOMELAND SECURITY. 

11 Section 981 of title 18, United States Code, is 

12 amended— 

13 (1) by adding the following after ‘‘the Secretary 

14 of the Treasury’’ wherever it appears: ‘‘, Secretary 

15 of Homeland Security’’; and 

16 (2) in subsection (j) by— 

17 (A) striking ‘‘and’’ in subparagraph (1); 

18 (B) by striking the period after ‘‘delegate’’ 

19 and inserting ‘‘; and’’ in subparagraph (2); and 

20 (C) by inserting the following new para21 graph after paragraph (2): 

22 ‘‘(3) the term ‘Secretary of Homeland Security’ 

23 means the Secretary of Homeland Security or his 

24 delegate.’’. 


bajohnson on PROD1PC69 with BILLS
80 

•S 1860 IS

1 SEC. 338. STORED VALUE CARDS. 

2 Section 5312(a)(3) of title 31, United States Code, 

3 is amended by— 

4 (1) striking ‘‘and’’ at the end of subparagraph 

5 (B); 

6 (2) striking the period and inserting ‘‘; and’’ 

7 before the period at the end of subparagraph (C); 

8 and 

9 (3) inserting the following thereafter: 

10 ‘‘(D) As the Secretary of the Treasury 

11 shall provide by regulation for purposes of sec12 tions 5316 and 5331, stored value cards or 

13 other similar devices including funds or mone14 tary value represented in digital electronics for15 mat (whether or not specially encrypted) and 

16 stored or capable of storage on electronic media 

17 in such a way as to be retrievable and transfer18 able electronically.’’. 


bajohnson on PROD1PC69 with BILLS
81 

•S 1860 IS

1 Subtitle C—Recovering the Pro2 ceeds of Crime and Victim Res3 titution 

4 CHAPTER 1—CRIMINAL FORFEITURE 

5 PROCEDURE 

6 SEC. 341. RESTRAINT OF PROPERTY SUBJECT TO CRIMINAL 

7 FORFEITURE. 

8 (a) IN GENERAL.—Section 413(e)(1) of the Con9 trolled Substances Act (21 U.S.C. 853(e)(1)) is amended 

10 by— 

11 (1) inserting the following before the dash: ‘‘, 

12 including property that may be forfeited upon the 

13 defendant’s conviction to satisfy a money judgment’’; 

14 and 

15 (2) inserting before ‘‘to preserve’’ the following: 

16 ‘‘to prevent the unlawful use of the property while 

17 a criminal action is pending, or’’. 

18 (b) CONFORMING.—Section 413(c) of the Controlled 

19 Substances Act (21 U.S.C. 853(c)), is amended by strik20 ing ‘‘subsection (a)’’ and inserting ‘‘subsection (a) or (p)’’. 

21 (c) PROTECTIVE ORDER.—Section 413(e)(3) of the 

22 Controlled Substances Act (21 U.S.C. 853(e)) is amended 

23 by inserting ‘‘(A)’’ before ‘‘The court’’ and by adding the 

24 following after the period: 


bajohnson on PROD1PC69 with BILLS
82 

•S 1860 IS

1 ‘‘(B) The court shall issue any protective order 

2 necessary to prevent the premature disclosure of any 

3 ongoing law enforcement operation or investigation 

4 or the identity of any witness at the hearing. In ad5 dition, in any case involving an ongoing investiga6 tion, the court shall permit the presentation of evi7 dence ex parte and under seal.’’. 

8 (d) RESTRAINING ORDER.—Section 413(e) of the 

9 Controlled Substances Act is amended by adding the fol10 lowing new paragraph after paragraph (4): 

11 ‘‘(5)(A) A restraining order entered pursuant to 

12 paragraph (1)(A) shall remain in effect through the 

13 conclusion of the criminal case, unless modified by 

14 the court. 

15 ‘‘(B) At the request of the defendant, the court 

16 may conduct a pretrial hearing to determine whether 

17 the restraining order should be vacated or modified 

18 with respect to some or all of the restrained prop19 erty, if the defendant— 

20 ‘‘(i) establishes by a preponderance of the 

21 evidence that there are no assets, other than 

22 the restrained property, available to the defend23 ant to retain counsel in the criminal case; and 

24 ‘‘(ii) makes a prima facie showing of a 

25 bona fide reason to believe that there is no 


bajohnson on PROD1PC69 with BILLS
83 

•S 1860 IS

1 probable cause for the forfeiture of the re2 strained property, or for the entry of a money 

3 judgment that the restrained property would be 

4 used to satisfy. 

5 The Government shall have an opportunity to cross6 examine the defendant and any witnesses the de7 fendant may present on these issues. 

8 ‘‘(C) If the court determines that the defendant 

9 has satisfied the requirements of (B)(i) and (ii), it 

10 may hold a hearing to determine whether there is 

11 probable cause for the forfeiture of the property. In 

12 making such determination, the court shall give due 

13 deference to any finding made by a grand jury that 

14 there is probable cause to believe that the property 

15 is subject to forfeiture. 

16 ‘‘(D) If the court determines that no probable 

17 cause exists for the forfeiture of the property, it 

18 shall modify the restraining order to the extent nec19 essary to release the property from restraint. 

20 ‘‘(E) In any hearing under this paragraph 

21 where probable cause is at issue, the court shall 

22 limit its inquiry to the existence of probable cause 

23 for the forfeiture of the restrained assets, or for the 

24 entry of a money judgment that the restrained as25 sets would be used to satisfy. The court shall not enVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
84 

•S 1860 IS

1 tertain challenges to the grand jury’s finding of 

2 probable cause regarding the criminal offense giving 

3 rise to the forfeiture. 

4 ‘‘(F) A person other than the defendant who 

5 has a legal interest in the restrained property may 

6 move to modify or vacate the restraining order on 

7 the ground that the order causes a substantial hard8 ship to the moving party and less intrusive means 

9 exist to preserve the subject property for forfeiture. 

10 In accordance with subsection (k), such person may 

11 not object to a restraining order on grounds that 

12 may only be asserted in the ancillary proceeding pur13 suant to subsection (n).’’. 

14 SEC. 342. AUTHORIZING FORFEITURE PURSUANT TO A 

15 GUILTY PLEA. 

16 Section 413 of the Controlled Substances Act (21 

17 U.S.C. 853) is amended by adding at the end the fol18 lowing: 

19 ‘‘(r) GUILTY PLEAS.— 

20 ‘‘(1) A defendant who pleads guilty to a crimi21 nal offense may, as part of a plea agreement, agree 

22 to the forfeiture of any property derived from or 

23 used to commit that offense and any other offense 

24 that is part of the same scheme or plan or pattern 

25 of related conduct. 


bajohnson on PROD1PC69 with BILLS
85 

•S 1860 IS

1 ‘‘(2) Upon acceptance of the defendant’s guilty 

2 plea, the court shall enter a preliminary order of for3 feiture, pursuant to rule 32.2 of the Federal Rules 

4 of Criminal Procedure, with respect to any property 

5 that the defendant has agreed to forfeit pursuant to 

6 this subsection.’’. 

7 SEC. 343. CRIMINAL SEIZURE WARRANTS. 

8 Section 413(f) of the Controlled Substances Act (21 

9 U.S.C. 853(f)) is amended to read as follows: 

10 ‘‘(a)(1) Property subject to forfeiture under this sec11 tion may be seized pursuant to section 981(b) of title 18, 

12 United States Code. 

13 ‘‘(2) If property subject to criminal forfeiture under 

14 this section is already in the custody of the United States 

15 or any agency thereof, it shall not be necessary to seize 

16 or restrain the property for the purpose of criminal for17 feiture. 

18 ‘‘(3) If the seizure warrant is obtained after the prop19 erty to be seized has been listed in an indictment or crimi20 nal information or related bill of particulars, the require21 ment that the warrant be executed within 10 days under 

22 rule 41, Federal Rules of Criminal Procedure, shall not 

23 apply.’’. 


bajohnson on PROD1PC69 with BILLS
86 

•S 1860 IS

1 SEC. 344. DISCOVERY PROCEDURE FOR LOCATING FOR2 FEITED ASSETS. 

3 Section 413(m) of the Controlled Substances Act (21 

4 U.S.C. 853(m)) is amended by inserting before the period 

5 at the end the following: ‘‘to the extent that the provisions 

6 of the rule are consistent with the purposes for which dis7 covery is conducted under this subsection. Because this 

8 subsection applies only to matters occurring after the de9 fendant has been convicted and the property of the defend10 ant has been declared forfeited, the provisions of rule 15 

11 requiring the presence of the defendant at the deposition 

12 of any other witness, or a waiver by the defendant of a 

13 right to be present, shall not apply’’. 

14 SEC. 345. COLLECTION OF CRIMINAL FORFEITURE JUDG15 MENT. 

16 Section 413 of the Controlled Substances Act (21 

17 U.S.C. 853) is amended by adding at the end the following 

18 new subsection: 

19 ‘‘(s) COLLECTION OF CRIMINAL FORFEITURE JUDG20 MENT.—An order of forfeiture in a criminal case may take 

21 the form of a money judgment and may be enforced— 

22 ‘‘(1) in the manner provided for the collection 

23 and payment of fines in subchapter B of chapter 

24 229 of title 18, United States Code; 

25 ‘‘(2) in the same manner as a judgment in a 

26 civil action; 


bajohnson on PROD1PC69 with BILLS
87 

•S 1860 IS

1 ‘‘(3) pursuant to Rule 32.2(e) of the Federal 

2 Rules of Criminal Procedure; or 

3 ‘‘(4) pursuant to the Federal Debt Collection 

4 Act (28 U.S.C. 3001 et seq.).’’. 

5 SEC. 346. ABATEMENT OF FORFEITURE WHEN DEFENDANT 

6 DIES. 

7 (a) IN GENERAL.—Section 413 of the Controlled 

8 Substances Act (21 U.S.C. 853) is amended by adding at 

9 the end the following new subsection: 

10 ‘‘(t) SPECIAL CIVIL FORFEITURE PROCEEDINGS

11 WHEN THE DEFENDANT DIES.— 

12 ‘‘(1)(A) In any case in which criminal forfeiture 

13 has been alleged, if a defendant dies after a plea of 

14 guilty or nolo contendere has been accepted or a ver15 dict of guilty has been returned, but before the de16 fendant’s time for direct appeal from the conviction 

17 or from a criminal order of forfeiture has expired, or 

18 before any such appeal by the defendant, or any 

19 posttrial motion or appeal by the Government bear20 ing on the forfeiture or the underlying criminal con21 viction, has finally been resolved, the criminal for22 feiture proceeding shall be converted to a special 

23 civil forfeiture proceeding notwithstanding the expi24 ration of any civil forfeiture statute of limitations or 


bajohnson on PROD1PC69 with BILLS
88 

•S 1860 IS

1 any time limitation set forth in section 983(a) of 

2 title 18, and shall be concluded as provided herein. 

3 ‘‘(B) For purposes of this subsection, a plea of 

4 guilty or nolo contendere shall be considered to have 

5 been ‘accepted’ if a court has determined, pursuant 

6 to Rule 11(b) of the Federal Rules of Criminal Pro7 cedure, that the plea is voluntary and supported by 

8 a factual basis, notwithstanding that final accept9 ance may have been deferred pending review of a 

10 presentence report or otherwise; a verdict is ‘re11 turned’ when it is orally stated in open court; and 

12 ‘direct appeal’ refers to an appeal filed, within the 

13 period provided by the applicable rule of appellate 

14 procedure, from the entry of the judgment or order 

15 of forfeiture, up to and including review by the Su16 preme Court. 

17 ‘‘(2)(A) If a defendant dies after a plea of 

18 guilty or nolo contendere has been accepted or a ver19 dict of guilty has been returned, but before entry of 

20 a criminal order of forfeiture, the court, after a 

21 hearing at which the defendant’s personal represent22 ative shall have the same rights to present evidence 

23 and argument as the defendant would have had if he 

24 had survived, shall enter a special civil order of for25 feiture if the court finds, by a preponderance of the 


bajohnson on PROD1PC69 with BILLS
89 

•S 1860 IS

1 evidence, that property, including substitute prop2 erty pursuant to subsection (p) of this section, is 

3 forfeitable as a result of the defendant’s conviction. 

4 ‘‘(B) The special civil order of forfeiture shall 

5 forfeit to the United States all property, including 

6 substitute property, that would have been subject to 

7 criminal forfeiture if the defendant had survived, 

8 and may constitute, or include, a civil money judg9 ment against the defendant’s estate and any person 

10 holding property that would have been forfeitable in 

11 the criminal case if the defendant had survived. 

12 ‘‘(C) Any third-party interests in property sub13 ject to a special civil order of forfeiture shall be de14 termined by the court pursuant to subsection (n) of 

15 this section as if the defendant had survived. While 

16 the defendant’s personal representative may contest 

17 forfeitability of particular property and the amount 

18 of any money judgment in a special civil order of 

19 forfeiture, third-party claimants under this sub20 section, as under subsection (n) as applied to crimi21 nal orders of forfeiture, may contest only issues of 

22 ownership. 

23 ‘‘(3)(A) If a defendant dies after entry of a 

24 criminal order of forfeiture, but before the defend25 ant’s time for direct appeal from the underlying 


bajohnson on PROD1PC69 with BILLS
90 

•S 1860 IS

1 criminal conviction or when the criminal order of 

2 forfeiture has expired, or before any such appeal by 

3 the defendant has finally been resolved, the criminal 

4 order of forfeiture shall become a special civil order 

5 of forfeiture by operation of law, and proceedings 

6 bearing on the forfeiture shall continue, and be con7 cluded, pursuant to this section. 

8 ‘‘(B) If a defendant dies during the pendency of 

9 a posttrial motion or appeal by the Government con10 cerning a court’s failure to announce or enter a re11 quested order of forfeiture or to include such an 

12 order in the judgment, other error by the court with 

13 respect to the forfeiture, or a court’s postverdict dis14 missal of a criminal conviction that was a basis for 

15 criminal forfeiture, the court in which the matter is 

16 pending, on the Government’s motion, shall continue 

17 and conclude the proceeding pursuant to this sec18 tion, and, if the Government prevails, shall enter, or 

19 direct the entry by the district court of, a special 

20 civil order of forfeiture if the Government makes the 

21 showing required by paragraph (2)(A), or the court 

22 determines that such a showing was made before the 

23 defendant’s death during the proceedings that are 

24 the subject of the pending posttrial motion or ap25 peal. 


bajohnson on PROD1PC69 with BILLS
91 

•S 1860 IS

1 ‘‘(4)(A) In all proceedings concerning a special 

2 civil order of forfeiture, the court shall consider the 

3 relevant portions of the record of the criminal case. 

4 That record, including any agreements, admissions, 

5 stipulations, findings of fact, conclusions of law, or 

6 verdicts bearing upon the defendant’s guilt or the 

7 forfeitability of any property of the defendant, and 

8 any failure by the defendant to demand a jury ver9 dict on forfeiture, shall be binding on the defend10 ant’s personal representative in the district court, 

11 and on any appeal, to the extent that it would have 

12 bound the defendant in the criminal case. The 

13 record shall be binding upon any third-party claim14 ants to the extent that it would have bound them if 

15 the defendant had survived. 

16 ‘‘(B) The defendant’s personal representative or 

17 the Government may file or pursue an otherwise per18 missible direct appeal, or an otherwise permissible 

19 motion under this section or the Federal Rules of 

20 Criminal Procedure (other than a motion under Rule 

21 33(b)(1) filed after death or after judgment), to 

22 challenge, enforce, correct, amend, modify, or rein23 state a special civil order of forfeiture, or to chal24 lenge or reinstate a verdict or plea of guilty or nolo 

25 contendere on which such an order is, or should be, 


bajohnson on PROD1PC69 with BILLS
92 

•S 1860 IS

1 based. In any such appeal or motion, the death of 

2 the defendant shall not itself be a basis for relief. 

3 ‘‘(5)(A) Proceedings concerning a special civil 

4 order of forfeiture, including any appeal or motion 

5 to challenge, enforce, correct, amend, modify, or re6 instate such an order or to challenge or reinstate a 

7 verdict or plea of guilty or nolo contendere under8 lying such an order, shall be governed by the provi9 sions of this section and the law and procedures that 

10 would have applied if the defendant had survived 

11 and the forfeiture proceedings had been conducted 

12 and concluded in the criminal case, except that the 

13 special civil order of forfeiture need not be included 

14 in any criminal sentence or judgment, and the per15 sonal representative of the defendant shall be sub16 stituted for the defendant. Section 983 of title 18 

17 and section 2465(b) of title 28 shall not apply. 

18 ‘‘(B) A personal representative, if not otherwise 

19 appointed, shall be appointed by the district court 

20 before which the criminal case was filed or by the 

21 court of appeals if the matter is pending on appeal 

22 at the time of the defendant’s death. Counsel may 

23 be appointed for the personal representative of the 

24 defendant if counsel would have been available to the 

25 defendant under 18 U.S.C. 3006A. The court may 


bajohnson on PROD1PC69 with BILLS
93 

•S 1860 IS

1 toll any applicable deadline during the period nec2 essary to appoint the personal representative and, 

3 where appropriate, counsel. 

4 ‘‘(C) Appeals by any party from or concerning 

5 a special civil order of forfeiture shall be governed 

6 by the rules applicable to civil appeals. A special civil 

7 order of forfeiture shall be final as to the defendant 

8 and the defendant’s estate upon initial entry, and 

9 shall be final as to any third-party interests upon 

10 entry of any order, or amended order, finally deter11 mining such interests pursuant to subsection (n). 

12 ‘‘(6) Any forfeiture protective orders in effect at 

13 the time of a defendant’s death shall continue in ef14 fect unless modified by the court after a hearing or 

15 pursuant to a motion by the Government. Upon the 

16 Government’s motion, the court shall take any ac17 tion necessary to preserve the availability of property 

18 for forfeiture pursuant to this subsection.’’. 

19 (b) CONFORMING AMENDMENTS.— 

20 (1) NONABATEMENT.—Section 983 of title 18, 

21 United States Code, is amended by adding the fol22 lowing new subsection after subsection (j): 

23 ‘‘(k) NONABATEMENT OF FORFEITURE.— 

24 ‘‘(1) The death of an individual does not affect 

25 the Government’s ability to seek, or to continue to 


bajohnson on PROD1PC69 with BILLS
94 

•S 1860 IS

1 pursue, civil in rem forfeiture of property as author2 ized by law, except as provided herein. Notwith3 standing the expiration of any civil forfeiture statute 

4 of limitations or any time limitation set forth in sub5 section (a), the Government may commence in rem 

6 civil forfeiture proceedings, within the greater of the 

7 time period otherwise authorized by law or 2 years 

8 after the death of an individual against whom a 

9 criminal indictment alleging forfeiture is pending at 

10 the time of death, against all interests in any prop11 erty alleged to be forfeitable in the indictment. 

12 ‘‘(2) The effect of the death of a defendant 

13 upon criminal forfeiture shall be governed by section 

14 413(t) of the Controlled Substances Act (21 U.S.C. 

15 853(t)).’’. 

16 (2) SPECIALFORFEITURE.—Section 983(i)(2) 

17 of title 18, United States Code, is amended by add18 ing at the end the following new subparagraph: 

19 ‘‘(F) special civil forfeiture proceedings 

20 pursuant to section 413(t) of the Controlled 

21 Substances Act (21 U.S.C. 853(t).’’. 

22 SEC. 347. FORFEITABLE PROPERTY TRANSFERRED TO 

23 THIRD PARTIES. 

24 Section 413(c) of the Controlled Substances Act (21 

25 U.S.C. 853(c)), as amended by this Act, is amended— 


bajohnson on PROD1PC69 with BILLS
95 

•S 1860 IS

1 (1) by designating the present matter as para2 graph (1); 

3 (2) in paragraph (1), by striking ‘‘subsection 

4 (a)’’ and inserting ‘‘subsection (a) or (p)’’; and 

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

6 ‘‘(2)(A) If, as provided in paragraph (1), property 

7 transferred to a transferee is ordered forfeited, the trans8 feree shall deposit the forfeited property in the registry 

9 of the Court, or with the United States Marshals Service 

10 or other Government custodian, pending the conclusion of 

11 any ancillary proceeding pursuant to subsection (n). 

12 ‘‘(B) If the transferee fails to establish pursuant to 

13 subsection (n)(6)(B) that the transferee is a bona fide 

14 purchaser for value of the forfeited property, but the 

15 transferee is unable, due to the transferee’s act or omis16 sion, to surrender the forfeited property to the United 

17 States, the transferee shall owe the United States a sum 

18 of money equal to the greater of— 

19 ‘‘(i) the value of the property at the time of the 

20 transfer, plus interest from the time of the transfer; 

21 ‘‘(ii) the value of the property at the time it 

22 was converted by the third party, plus interest from 

23 the time of the conversion; or 


bajohnson on PROD1PC69 with BILLS
96 

•S 1860 IS

1 ‘‘(iii) the value of the property at the time the 

2 third party is found liable to the Government under 

3 this subsection. 

4 ‘‘(C) Once the ancillary proceedings regarding the 

5 transferee’s claim to be a bona fide purchaser are con6 cluded, the district court that issued the order of forfeiture 

7 shall issue a judgment in favor of the United States and 

8 against the transferee for the amount of money to which 

9 the United States is entitled. All money collected pursuant 

10 to such a judgment shall constitute forfeited property 

11 under this section.’’. 

12 SEC. 348. FORFEITURE OF THIRD-PARTY INTERESTS IN 

13 CRIMINAL CASES. 

14 (a) IN GENERAL.—Section 413 of the Controlled 

15 Substances Act (21 U.S.C. 853) is amended by adding at 

16 the end the following: 

17 ‘‘(u) FORFEITURE OF THIRD-PARTY INTERESTS.— 

18 In lieu of filing a parallel civil forfeiture action, and not19 withstanding the expiration of any statute of limitations 

20 regarding such action, the Government may seek the for21 feiture of a third party’s interest in property subject to 

22 forfeiture under this section at the conclusion of the ancil23 lary proceeding described in subsection (n). Such pro24 ceeding shall be an in rem proceeding in which the third 

25 party shall first have the burden of establishing a legal 


bajohnson on PROD1PC69 with BILLS
97 

•S 1860 IS

1 interest in the property pursuant to subsection (n), after 

2 which the Government shall have the burden of estab3 lishing the forfeitability of the third party’s interest in the 

4 manner provided for civil forfeitures in chapter 46, title 

5 18, United States Code, and the third party shall have 

6 the burden of establishing an innocent owner defense pur7 suant to such chapter.’’. 

8 (b) CONFORMING AMENDMENT.—Section 413(n)(6) 

9 of the Controlled Substances Act (21 U.S.C. 853(n)(6)) 

10 is amended by inserting ‘‘, unless the Government notifies 

11 the court that it will seek to forfeit the petitioner’s interest 

12 pursuant to subsection (u)’’ after ‘‘in accordance with its 

13 determination’’. 

14 SEC. 349. SEVERANCE OF JOINTLY HELD PROPERTY. 

15 (a) IN GENERAL.—Section 413 of the Controlled 

16 Substances Act (21 U.S.C. 853) is amended by adding at 

17 the end the following new subsection: 

18 ‘‘(v) SEVERANCE OF JOINTLY HELD PROPERTY.— 

19 ‘‘(1) If the court determines, pursuant to sub20 section (n) or (u), that a third party had a partial 

21 nonforfeitable interest in property otherwise subject 

22 to forfeiture, or a joint tenancy or tenancy by the 

23 entirety in such property, the court shall enter an 

24 appropriate order— 

25 ‘‘(A) severing the property; 


bajohnson on PROD1PC69 with BILLS
98 

•S 1860 IS

1 ‘‘(B) transferring the property to the gov2 ernment with a provision that the government 

3 compensate the third party to the extent of his 

4 or her nonforfeitable ownership interest once a 

5 final order of forfeiture has been entered and 

6 the property has been reduced to liquid assets; 

7 or 

8 ‘‘(C) if neither (A) nor (B) is reasonably 

9 practical under all of the circumstances, permit10 ting the third party to retain the property sub11 ject to a lien in favor of the Government to the 

12 extent of the forfeitable interest in the property, 

13 and entering any order necessary to ensure that 

14 the value of the property is maintained, includ15 ing— 

16 ‘‘(i) permitting the inspection, 

17 photographing, and inventory of the prop18 erty; 

19 ‘‘(ii) fixing a bond in accordance with 

20 Rule E(5) of the Supplemental Rules for 

21 Admiralty or Maritime Claims and Asset 

22 Forfeiture Actions; and 

23 ‘‘(iii) requiring the property owner to 

24 obtain or maintain insurance on the sub25 ject property. 


bajohnson on PROD1PC69 with BILLS
99 

•S 1860 IS

1 ‘‘(2) To effectuate the purposes of this sub2 section, a joint tenancy or tenancy by the entireties 

3 shall be converted to a tenancy in common by order 

4 of the court, irrespective of State law, so that a lien 

5 created pursuant to (1)(C) will entitle the Govern6 ment to the forfeitable portion of the property’s 

7 value at the time title to the property is trans8 ferred.’’. 

9 (b) CONFORMING AMENDMENT.—Section 983(d)(5) 

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

11 (1) by amending subparagraph (C) to read as 

12 follows: 

13 ‘‘(C) if neither (A) nor (B) is reasonably 

14 practical under all of the circumstances, permit15 ting the third party to retain the property sub16 ject to a lien in favor of the Government to the 

17 extent of the nonforfeitable interest in the prop18 erty, and entering any order necessary to en19 sure that the value of the property is main20 tained, including— 

21 ‘‘(i) permitting the inspection, 

22 photographing, and inventory of the prop23 erty; 

24 ‘‘(ii) fixing a bond in accordance with 

25 Rule E(5) of the Supplemental Rules for 


bajohnson on PROD1PC69 with BILLS
100 

•S 1860 IS

1 Admiralty or Maritime Claims and Asset 

2 Forfeiture Actions; and 

3 ‘‘(iii) requiring the property owner to 

4 obtain or maintain insurance on the sub5 ject property.’’. 

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

7 ‘‘To effectuate the purposes of this subsection, a joint ten8 ancy or tenancy by the entireties shall be converted to a 

9 tenancy in common by order of the court, irrespective of 

10 State law, so that a lien created pursuant to (1)(C) will 

11 entitle the Government to the forfeitable portion of the 

12 property’s value at the time title to the property is trans13 ferred.’’. 

14 SEC. 350. CLOSING OF LOOPHOLE TO DEFEAT CRIMINAL 

15 FORFEITURE THROUGH BANKRUPTCY. 

16 Section 413(c) of the Controlled Substances Act (21 

17 U.S.C. 853(c)), as amended by this Act, is further amend18 ed by adding at the end the following new paragraph: 

19 ‘‘(3) Forfeiture under this section shall have 

20 priority over any bankruptcy proceeding instituted 

21 after the commission of the offense giving rise to the 

22 forfeiture.’’. 


bajohnson on PROD1PC69 with BILLS
101 

•S 1860 IS

1 SEC. 351. UNIFORM PROCEDURES FOR CRIMINAL FOR2 FEITURE. 

3 (a) IN GENERAL.—Section 3554 of title 18, United 

4 States Code, is amended to read as follows: 

5 ‘‘(a) The court, in imposing sentence on a defendant 

6 who has been found guilty of an offense for which the for7 feiture of property is authorized, shall order, in addition 

8 to any sentence imposed pursuant to section 3551, the for9 feiture of the property to the United States in accordance 

10 with Rule 32.2 of the Federal Rules of Criminal Procedure 

11 and section 413 of the Controlled Substances Act (21 

12 U.S.C. 853). 

13 ‘‘(b) If any property subject to forfeiture is unavail14 able, the court shall enter a personal money judgment 

15 against the defendant in an amount equal to the value 

16 of the unavailable property. 

17 ‘‘(c) Section 413(d) of the Controlled Substances Act 

18 (21 U.S.C. 853(d)) does not apply to forfeitures under this 

19 section unless the defendant is convicted of a violation of 

20 the Controlled Substances Act.’’. 

21 (b) RICO.—Section 1963 of title 18, United States 

22 Code, is amended by repealing subsections (b) through 

23 (m) and inserting the following after subsection (a): 

24 ‘‘(n) The forfeiture of property under this section 

25 shall be governed by Rule 32.2 of the Federal Rules of 

26 Criminal Procedure and the provisions of section 413 of 


bajohnson on PROD1PC69 with BILLS
102 

•S 1860 IS

1 the Controlled Substances Act (21 U.S.C. 853), except for 

2 subsection 413(d) which shall not apply to forfeitures 

3 under this section.’’. 

4 (c) ESPIONAGE.—Section 794(d)(3) of title 18, 

5 United States Code, is amended to read as follows: 

6 ‘‘(3) The forfeiture of property under this sec7 tion shall be governed by Rule 32.2 of the Federal 

8 Rules of Criminal Procedure and the provisions of 

9 section 413 of the Controlled Substances Act (21 

10 U.S.C. 853), except for subsection 413(d) which 

11 shall not apply to forfeitures under this section.’’. 

12 SEC. 352. APPEALS. 

13 Section 3742 of title 18, United States Code, is 

14 amended by adding the following new subsection: 

15 ‘‘(k) CRIMINAL FORFEITURE.—The Government may 

16 file a notice of appeal in the district court for review of 

17 any aspect of the forfeiture portion of a sentence, of a 

18 court’s failure to include forfeiture in a sentence for any 

19 offense for which forfeiture is authorized upon conviction, 

20 or of any postjudgment forfeiture order, including orders 

21 granting or denying motions pursuant to rule 32.2(e) of 

22 the Federal Rules of Criminal Procedure. The notice may 

23 be filed pursuant to Fed. R. App. P. 4(b) within 30 days 

24 after the sentencing judgment, or subsequent forfeiture 

25 order, is entered, or within 30 days after the district court 


bajohnson on PROD1PC69 with BILLS
103 

•S 1860 IS

1 denies a motion for reconsideration of the forfeiture sen2 tencing issue or forfeiture order.’’. 

3 SEC. 353. VICTIMS, RESTITUTION, AND FORFEITURE. 

4 Section 413 of the Controlled Substances Act (21 

5 U.S.C. 853), as amended by this Act, is further amended 

6 by adding the following at the end: 

7 ‘‘(w) VICTIMS AND RESTITUTION.—The defendant 

8 may not use property forfeited under this section to satisfy 

9 an order of restitution. If an order of forfeiture is entered 

10 pursuant to this section and the defendant has no assets 

11 other than the forfeited property to pay restitution to 

12 identifiable victims, the Attorney General is authorized to 

13 restore or remit forfeited property to victims in accordance 

14 with subsection (i)(1) and the applicable provisions of title 

15 28, Code of Federal Regulations 9, once the ancillary pro16 ceeding under subsection (n) has been completed and the 

17 costs of the forfeiture action have been deducted.’’. 

18 SEC. 354. AUTHORITY OF SECRETARY OF HOMELAND SECU19 RITY. 

20 (a) Subsection 981(d) of title 18 is amended by in21 serting after ‘‘the Secretary of the Treasury,’’: ‘‘the Sec22 retary of Homeland Security,’’. 

23 (b) Subsection 981(e) of title 18 is amended by in24 serting after ‘‘the Secretary of the Treasury,’’ each time 

25 it appears: ‘‘the Secretary of Homeland Security,’’. 


bajohnson on PROD1PC69 with BILLS
104 

•S 1860 IS

1 CHAPTER 2—INTERNATIONAL 

2 PROVISIONS 

3 SEC. 361. PROCEDURES FOR ENFORCEMENT OF FOREIGN 

4 FORFEITURE JUDGMENTS AND PROTECTIVE 

5 ORDERS. 

6 (a) IN GENERAL.—Section 2467 of title 28, United 

7 States Code, is amended to read as follows: 

8 ‘‘SEC. 2467. ENFORCEMENT OF FOREIGN JUDGMENTS AND 

9 PROTECTIVE ORDERS. 

10 ‘‘(a) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘foreign nation’ means a country 

12 or territory that has become a party to the United 

13 Nations Convention Against Illicit Traffic in Nar14 cotic Drugs and Psychotropic Substances (referred 

15 to in this section as the ‘United Nations Conven16 tion’) or a foreign jurisdiction with which the United 

17 States has a treaty or other formal international 

18 agreement in effect providing for mutual forfeiture 

19 assistance or which will render forfeiture assistance 

20 to the United States based on assurances of reci21 procity; 

22 ‘‘(2) the term ‘forfeiture or confiscation judg23 ment’ means a final order of a foreign nation com24 pelling a person or entity— 


bajohnson on PROD1PC69 with BILLS
105 

•S 1860 IS

1 ‘‘(A) to pay a sum of money representing 

2 the proceeds of an offense described in article 

3 3, paragraph 1, of the United Nations Conven4 tion, any violation of foreign law that would 

5 constitute a violation or an offense for which 

6 property could be forfeited under Federal law if 

7 the offense were committed in the United 

8 States, or any foreign offense described in sec9 tion 1956(c)(7)(B) of title 18, or property the 

10 value of which corresponds to such proceeds; or 

11 ‘‘(B) to forfeit property involved in or 

12 traceable to the commission of such offense. 

13 ‘‘(b) REVIEW BY ATTORNEY GENERAL.— 

14 ‘‘(1) IN GENERAL.—A foreign nation seeking to 

15 have a forfeiture or confiscation judgment registered 

16 and enforced by a district court of the United States 

17 under this section shall first submit a request to the 

18 Attorney General or the designee of the Attorney 

19 General, which request shall include— 

20 ‘‘(A) a summary of the facts of the case 

21 and a description of the proceedings that re22 sulted in the forfeiture or confiscation judg23 ment; 

24 ‘‘(B) a certified copy of the forfeiture or 

25 confiscation judgment; 


bajohnson on PROD1PC69 with BILLS
106 

•S 1860 IS

1 ‘‘(C) an affidavit or sworn declaration es2 tablishing that the foreign nation took steps, in 

3 accordance with the principles of due process, 

4 to give notice of the proceedings to all persons 

5 with an interest in the property in sufficient 

6 time to enable such persons to defend against 

7 the charges and that the judgment rendered is 

8 in force and is not subject to appeal; and 

9 ‘‘(D) such additional information and evi10 dence as may be required by the Attorney Gen11 eral or the designee of the Attorney General. 

12 ‘‘(2) CERTIFICATION OF REQUEST.—The Attor13 ney General or the designee of the Attorney General 

14 shall determine whether, in the interest of justice, to 

15 certify the request, and such decision shall be final 

16 and not subject to either judicial review or review 

17 under subchapter II of chapter 5, or chapter 7, of 

18 title 5 (commonly known as the ‘Administrative Pro19 cedure Act’). 

20 ‘‘(c) JURISDICTION AND VENUE.— 

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

22 the designee of the Attorney General certifies a re23 quest under subsection (b), the United States may 

24 file an application in the district court of the United 

25 States seeking to enforce the foreign forfeiture or 


bajohnson on PROD1PC69 with BILLS
107 

•S 1860 IS

1 confiscation judgment as if the judgment had been 

2 entered by a court in the United States. 

3 ‘‘(2) PROCEEDINGS.—In a proceeding filed 

4 under paragraph (1)— 

5 ‘‘(A) the United States shall be the appli6 cant and any person or entity affected by the 

7 forfeiture or confiscation judgment shall be the 

8 respondent; 

9 ‘‘(B) venue shall lie in the District Court 

10 for the District of Columbia or in any other dis11 trict in which any person or entity against 

12 whom the foreign forfeiture or confiscation 

13 judgment was entered or may be enforced, or in 

14 which the property that may be the basis for 

15 satisfaction of a judgment under this section 

16 may be found; 

17 ‘‘(C) the United States shall serve process 

18 in accordance with the Federal Rules of Civil 

19 Procedure and the Supplemental Rules upon 

20 such property as may form the basis for satis21 faction of the foreign judgment or upon such 

22 persons or entities against whom such foreign 

23 order may be executed. The United States shall 

24 provide written notice to such persons as may 

25 be known to the United States to have an interVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
108 

•S 1860 IS

1 est in the property against which the foreign 

2 judgment is to be executed and shall publish 

3 notice of such enforcement action in a publica4 tion generally circulated in the district where 

5 the action is filed, in a newspaper or legal no6 tice generally circulated in the country that re7 quested the United States to forfeit the prop8 erty or by posting a notice on an official Inter9 net Government forfeiture site for at least 30 

10 consecutive days; 

11 ‘‘(D) any person claiming an interest in 

12 the property may file a response to the applica13 tion of the United States, except that such re14 sponse must be filed not later than 30 days 

15 after the date of service of the Government’s 

16 application or, as applicable, not later than 30 

17 days after the date of final publication of notice 

18 of the filing of the application. Such response 

19 shall— 

20 ‘‘(i) identify the specific property 

21 being claimed; 

22 ‘‘(ii) state the respondent’s interest in 

23 such property; 

24 ‘‘(iii) set forth with specificity the 

25 basis upon which the foreign judgment 


bajohnson on PROD1PC69 with BILLS
109 

•S 1860 IS

1 should not be enforced in accordance with 

2 paragraph (d); and 

3 ‘‘(iv) be made under oath, subject to 

4 penalty of perjury; 

5 ‘‘(E) the Court, sua sponte, or upon mo6 tion of the United States shall strike any re7 sponse or any portion of a response lodged pur8 suant to subparagraph (D) that does not raise 

9 a claim upon which the enforcement of the for10 eign judgment could be denied under paragraph 

11 (d); and 

12 ‘‘(F) foreign forfeiture or confiscation 

13 judgments certified for enforcement pursuant to 

14 subsection (b)(2) shall be presumptively valid 

15 and the burden to establish the invalidity of any 

16 such foreign judgment shall be upon the re17 spondent by clear and convincing evidence. 

18 ‘‘(d) ENTRY AND ENFORCEMENT OF JUDGMENT.— 

19 ‘‘(1) IN GENERAL.—The district court shall 

20 enter such orders as may be necessary to enforce the 

21 foreign forfeiture or confiscation judgment unless 

22 the court finds that— 

23 ‘‘(A) the judgment was rendered under a 

24 system that provides tribunals or procedures inVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
110 

•S 1860 IS

1 compatible with the requirements of due process 

2 of law; 

3 ‘‘(B) the foreign court lacked personal ju4 risdiction over the defendant; 

5 ‘‘(C) the foreign court lacked jurisdiction 

6 over the subject matter; 

7 ‘‘(D) the foreign nation did not take steps, 

8 in accordance with the principles of due proc9 ess, to give notice of the proceedings to a per10 son with an interest in the property of the pro11 ceedings in sufficient time to enable him or her 

12 to defend; or 

13 ‘‘(E) the judgment was obtained by fraud. 

14 ‘‘(2) PROCESS.— 

15 ‘‘(A) Foreign forfeiture or confiscation or16 ders enforced pursuant to subsection (d)(1) 

17 shall have full force and effect as if they were 

18 entered in a United States forfeiture pro19 ceeding. Upon entry of an order of enforcement 

20 pursuant to subsection (d)(1), any interest in 

21 property forfeited pursuant to this section shall 

22 vest in the United States as of the time of the 

23 commission of the offense that gave rise to the 

24 foreign order of forfeiture or confiscation. 


bajohnson on PROD1PC69 with BILLS
111 

•S 1860 IS

1 ‘‘(B) In the event that a response is not 

2 properly filed within the period set forth in sub3 section (c)(2)(D), the Court, upon motion of the 

4 United States, may enter a default order to en5 force the foreign judgment. 

6 ‘‘(C) The disposition of any assets forfeited 

7 to the United States through the enforcement 

8 of a foreign forfeiture or confiscation judgment 

9 under this section shall be made in the same 

10 manner as is authorized for the disposition of 

11 assets forfeited to the United States pursuant 

12 to sections 981(e) and 981(i) of title 18. 

13 ‘‘(D) The custodian of property subject to 

14 an order issued or obtained pursuant to sub15 section (d)(1) or (3) of this section, will be such 

16 officers, agents, or other persons as authorized 

17 or designated for that purpose under the rel18 evant provisions of section 981(d) of title 18. 

19 ‘‘(3) PRESERVATION OF PROPERTY.— 

20 ‘‘(A) IN GENERAL.—To preserve the avail21 ability of property subject to forfeiture or con22 fiscation under foreign law, the Government 

23 may apply for, and the court may issue, a pro24 tective order utilizing the procedures of sections 

25 981(b)(4) or 983(j) of title 18, at any time beVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
112 

•S 1860 IS

1 fore or after an application is filed pursuant to 

2 subsection (c)(1) of this section regardless 

3 whether the foreign forfeiture proceedings insti4 tuted or contemplated are civil or criminal in 

5 nature. 

6 ‘‘(B) EVIDENCE.—The court, in issuing a 

7 protective order under subparagraph (A)— 

8 ‘‘(i) may rely on information set forth 

9 in an affidavit describing the nature of the 

10 proceeding or investigation underway in 

11 the foreign nation, and setting forth a rea12 sonable basis to believe that the property 

13 to be restrained, seized, or otherwise pre14 served will be named in a judgment of for15 feiture at the conclusion of such pro16 ceeding; or 

17 ‘‘(ii) may register and enforce an 

18 order restraining, seizing or otherwise pre19 serving property subject to forfeiture that 

20 has been issued by a competent legal au21 thority in the foreign nation. 

22 ‘‘(C) LIMIT ON GROUNDS FOR OBJEC23 TION.—No person may object to a protective 

24 order under subparagraph (A) on any ground 

25 that is the subject of parallel litigation involving 


bajohnson on PROD1PC69 with BILLS
113 

•S 1860 IS

1 the same property that is pending in a foreign 

2 court. 

3 ‘‘(e) FINALITY OF FOREIGN FINDINGS.—In entering 

4 orders to enforce the judgment, the court shall be bound 

5 by the findings of fact to the extent that they are stated 

6 in the foreign forfeiture or confiscation judgment. 

7 ‘‘(f) CURRENCY CONVERSION.—The rate of exchange 

8 in effect at the time the decision to enforce the judgment 

9 is entered shall be used in calculating the amount stated 

10 in any forfeiture or confiscation judgment requiring the 

11 payment of a sum of money submitted for registration. 

12 ‘‘(g) No person shall have any right of action at law 

13 or equity against the United States, its officers, employ14 ees, or any other person acting on behalf of, or at the 

15 direction of the United States, that arises from any action 

16 taken pursuant to this section, or the return or release 

17 of property restrained, seized, or forfeited pursuant to this 

18 section, including, but not limited to, actions for damages, 

19 costs, interest, or attorneys fees.’’. 

20 (b) CONFORMING AMENDMENT.—The item relating 

21 to section 2467 in the Chapter Analysis for chapter 163 

22 of title 28, United States Code, is amended to read as 

23 follows: 

‘‘2467. Enforcement of foreign judgments and protective orders.’’. 


bajohnson on PROD1PC69 with BILLS
114 

•S 1860 IS

1 SEC. 362. EXTRATERRITORIAL JURISDICTION. 

2 Section 1956(f)(1) of title 18, United States Code, 

3 is amended by inserting ‘‘or has an effect in the United 

4 States’’ after ‘‘conduct occurs in part in the United 

5 States’’. 

6 SEC. 363. SUSPENSION OF THE STATUTE OF LIMITATIONS 

7 TO OBTAIN FOREIGN EVIDENCE. 

8 Section 3292 of title 18, United States Code, is 

9 amended by adding the following after subsection (d): 

10 ‘‘(e) CIVIL FORFEITURES.—In a case in which the 

11 United States contemplates filing a civil forfeiture action, 

12 the United States may apply to a district court where the 

13 action may be filed to suspend the running of the statute 

14 of limitations under (19 U.S.C. 1621) pursuant to this 

15 section.’’. 

16 CHAPTER 3—CIVIL FORFEITURE 

17 SEC. 371. COMPUTERS AND OTHER DEVICES USED FOR 

18 COUNTERFEITING. 

19 Section 492 of title 18, United States Code, is 

20 amended— 

21 (1) by striking the third and fourth undesig22 nated paragraphs; 

23 (2) by designating the remaining paragraphs as 

24 subsections (a) and (b); and 

25 (3) by adding the following new subsection after 

26 subsection (b): 


bajohnson on PROD1PC69 with BILLS
115 

•S 1860 IS

1 ‘‘(c) The provisions of chapter 46 of title 18 relating 

2 to civil forfeitures shall extend to any seizure or civil for3 feiture under this section.’’. 

4 SEC. 372. FUNGIBLE PROPERTY IN BANK ACCOUNTS. 

5 (a) IN GENERAL.—Section 984 of title 18, United 

6 States Code, is amended by striking subsection (b) and 

7 inserting the following: 

8 ‘‘(b) The provisions of this section may be invoked 

9 only if the action for forfeiture was commenced by the sei10 zure or restraint of the property, or by the filing of a com11 plaint, within 2 years of the completion of the offense that 

12 is the basis for the forfeiture.’’. 

13 (b) DEFINITION OF FUNGIBLE PROPERTY.—Section 

14 984(a) of title 18 is amended— 

15 (1) by inserting ‘‘, jewels or stones’’ after ‘‘pre16 cious metals’’; and 

17 (2) by striking ‘‘as defined in section 20 of this 

18 title’’ and inserting ‘‘as defined in section 5312 of 

19 title 31’’. 

20 SEC. 373. AVAILABILITY OF TAX RECORDS. 

21 (a) IN GENERAL.—Section 6103 of the Internal Rev22 enue Code (26 U.S.C. 6103) is amended— 

23 (1) in subparagraph (a)(3), by inserting ‘‘para24 graph 9 of subsection (i)’’ after ‘‘under subsection 

25 (e)(1)(D)(iii)’’; 


bajohnson on PROD1PC69 with BILLS
116 

•S 1860 IS

1 (2) in subparagraph (i)(1)(A)(i) by inserting 

2 ‘‘or civil forfeiture statute’’ after ‘‘enforcement of a 

3 specifically designated Federal criminal statute’’; 

4 (3) in subparagraph (i)(1)(B)(iii) by inserting 

5 ‘‘or civil forfeiture investigation or proceeding’’ after 

6 ‘‘Federal criminal investigation or proceeding’’; 

7 (4) in subparagraph (i)(4)(A) by replacing ‘‘or 

8 related civil forfeiture’’ with ‘‘or civil forfeiture stat9 ute’’; and 

10 (5) by adding new paragraph (i)(9), after para11 graph (i)(8) as follows: 

12 ‘‘(9) For the purposes of this subsection and 

13 subsection (a), an employee of the Department of 

14 Justice includes a Government contractor who is 

15 personally and directly engaged in the activities de16 scribed in this subsection under the direction of the 

17 Department of Justice.’’. 

18 (b) CONFORMING AMENDMENTS.—(1) Section 7213 

19 of the Internal Revenue Code (26 U.S.C. 7213) is amend20 ed in subparagraph (a)(1) by inserting the following after 

21 ‘‘employee of the United States’’ the first time it appears: 

22 ‘‘, any person described in subsection 6103(i)(9),’’. 

23 (2) Section 7213A of the Internal Revenue Code (26 

24 U.S.C. 7213A) is amended in subparagraph (a)(1)(B) by 

25 inserting ‘‘(i)(9),’’ after ‘‘described in subsection’’. 


bajohnson on PROD1PC69 with BILLS
117 

•S 1860 IS

1 SEC. 374. CIVIL ORDER TO REPATRIATE ASSETS. 

2 Section 983(j) of title 18 United States Code is 

3 amended by adding after paragraph (4) the following— 

4 ‘‘(5) ORDER TO REPATRIATE AND DEPOSIT.— 

5 ‘‘(A) IN GENERAL.—Pursuant to its au6 thority to enter a pretrial restraining order 

7 under this section, the court may order any per8 son to repatriate any property that may be 

9 seized and forfeited, and to deposit that prop10 erty pending trial in the registry of the court, 

11 or with the United States Marshals Service or 

12 other Government custodian, in an interest13 bearing account, if appropriate. 

14 ‘‘(B) FAILURE TO COMPLY.—Failure to 

15 comply with order under this subsection shall 

16 be punishable as a civil or criminal contempt of 

17 court, and may also result in an enhancement 

18 of the sentence of a criminal defendant subject 

19 to such an order under the obstruction of jus20 tice provision of the Federal Sentencing Guide21 lines.’’. 

22 SEC. 375. CLARIFICATION OF 18 U.S.C. 3322. 

23 (a) Section 3322(a) of title 18, United States Code, 

24 is amended by inserting the following before the period: 

25 ‘‘, including, but not limited to, disclosing such informa26 tion in a complaint, or in an application for a seizure warVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
118 

•S 1860 IS

1 rant or restraining order, or for use at any trial or hear2 ing. Disclosure to an attorney for the Government under 

3 this section shall include disclosure to any investigative 

4 agency attorney, and any Government or investigative 

5 agency employee or contractor engaged in assisting the at6 torney to whom the information is disclosed in the conduct 

7 of civil or criminal forfeiture proceedings’’. 

8 (b) Subsection 3322(d)(1)(A) is amended— 

9 (1) by deleting ‘‘or’’; and 

10 (2) by inserting after ‘‘1957’’: ‘‘, or 1960’’. 

11 SEC. 376. INAPPLICABILITY OF LIABILITY FOR ATTORNEYS 

12 FEES IN INTERNATIONAL MONEY LAUN13 DERING CASES. 

14 Section 2465 of title 28, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(c) The United States is not liable for attorneys fees 

17 or other litigation costs pursuant to subsection (b)(1) if— 

18 ‘‘(1) the forfeiture action involved the move19 ment of funds across an international border or into 

20 or out of an account at a foreign financial institu21 tion and the Government established the forfeit22 ability of the property pursuant to the applicable 

23 statute by a preponderance of the evidence; or 

24 ‘‘(2) the Government restrained or seized prop25 erty, or filed a forfeiture action, pursuant to section 


bajohnson on PROD1PC69 with BILLS
119 

•S 1860 IS

1 981(b)(4) of title 18, or section 2467 of this title, 

2 in accordance with a request from a foreign Govern3 ment or international authority.’’. 

4 SEC. 377. VENUE FOR PRISONER CHALLENGES TO SEIZURE 

5 OF CRIME PROCEEDS. 

6 (a) IN GENERAL.—Section 983(e) of title 18, United 

7 States Code, is amended— 

8 (1) in paragraph (3), by adding at the end the 

9 following: ‘‘If the person filing the motion was a de10 fendant in a criminal prosecution related to the sei11 zure of the property, the motion must be filed in the 

12 district where such prosecution took place, or in the 

13 district where the property was seized.’’; and 

14 (2) by adding the following new paragraph at 

15 the end: 

16 ‘‘(6) Any person entitled to written notice in a 

17 judicial forfeiture proceeding under a civil forfeiture 

18 statute who does not receive such notice may file a 

19 motion to set aside the judgment of forfeiture with 

20 respect to that person’s interest in the property in 

21 accordance with the procedures for setting aside a 

22 nonjudicial forfeiture, as set forth in paragraphs (1) 

23 through (5).’’. 

24 (b) EFFECTIVE DATE.—The provisions of section 

25 983(e), United States Code, as amended by Public Law 


bajohnson on PROD1PC69 with BILLS
120 

•S 1860 IS

1 106–185, shall apply to any motion to set aside a declara2 tion or judgment of forfeiture where such motion is filed 

3 on or after August 23, 2000. 

4 SEC. 378. AFFORDING PROPERTY OWNERS A HEARING ON 

5 THE SEIZURE OF REAL PROPERTY. 

6 Section 985(e) of title 18, United States Code, is 

7 amended by striking ‘‘shall conduct a prompt postseizure 

8 hearing during which the property owner shall have an 

9 opportunity to contest the basis for the seizure’’ and in10 serting ‘‘shall afford the property owner an opportunity 

11 for a prompt postseizure hearing to determine whether 

12 there was probable cause for the seizure’’. 

13 SEC. 379. JURISDICTION OF MAGISTRATES. 

14 Section 636(a) of title 28, United States Code, is 

15 amended— 

16 (1) in paragraph (4), by striking ‘‘and’’ after 

17 the semicolon; 

18 (2) in paragraph (5), by striking the period and 

19 inserting ‘‘; and’’; and 

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

21 ‘‘(6) all powers and duties conferred or imposed 

22 upon the courts by sections 981–86 of title 18, 

23 United States Code, in connection with forfeiture 

24 proceedings, but not including the conduct of the 

25 trial.’’. 


bajohnson on PROD1PC69 with BILLS
121 

•S 1860 IS

1 SEC. 380. MINOR AMENDMENTS TO THE CIVIL ASSET FOR2 FEITURE REFORM ACT OF 2000. 

3 (a) CRIMINAL INFORMATION.—Sections 

4 983(a)(3)(B)(ii) and 983(a)(3)(C) of title 18, United 

5 States Code, are amended by striking ‘‘criminal indict6 ment’’ each time it appears and inserting ‘‘criminal indict7 ment or information’’. 

8 (b) SECTION 981.—Section 981 of title 18, United 

9 States Code, is amended by adding after subsection (k) 

10 the following: 

11 ‘‘(l) The procedural provisions of this section shall 

12 apply to any civil forfeiture statute, as that term is defined 

13 in section 983(i), except where inconsistent with a provi14 sion relating to civil forfeiture procedure that is part of 

15 such statute.’’. 

16 (c) INCARCERATED PERSONS.—Section 983(a)(1)(F) 

17 of title 18, United States Code, is amended by inserting 

18 the following before the period at the end of the last sen19 tence: ‘‘; nor shall the Government be required to return 

20 property to a person who is incarcerated’’. 

21 (d) TURNOVER ORDERS.—Section 983(a)(1)(A)(iv) 

22 of title 18, United States Code, is amended by adding at 

23 the end the following: ‘‘In jurisdictions where the State 

24 or local law enforcement agency must obtain an order 

25 from a State court authorizing the turnover, the period 

26 from the date the law enforcement agency applies for the 


bajohnson on PROD1PC69 with BILLS
122 

•S 1860 IS

1 turnover order to the date when such order is issued by 

2 the court shall not be included in the 90-day period.’’. 

3 (e) CLARIFICATION OF DEADLINE FOR CONTESTING

4 NONJUDICIAL FORFEITURE.—Section 983(a)(2)(B) of 

5 title 18, United States Code, is amended by striking ‘‘is 

6 not received’’ and inserting ‘‘is returned to the sender un7 delivered’’. 

8 (f) ENDANGERED SPECIES AND OTHER CONTRA9 BAND.—Section 983(d)(4) of title 18, United States Code, 

10 is amended by— 

11 (1) inserting ‘‘(A)’’ before ‘‘Notwithstanding’’; 

12 and 

13 (2) inserting at the end the following: 

14 ‘‘(B) The term ‘property that it is illegal 

15 to possess’ as used in (A) includes, but is not 

16 limited to— 

17 ‘‘(i) animals or animal products that 

18 are illegal for the claimant to possess 

19 under any law enacted to conserve or pro20 tect endangered species or other wildlife or 

21 natural resources; 

22 ‘‘(ii) historic or cultural artifacts, 

23 works of art, archaeological or paleontolog24 ical resources, human remains, fossils and 

25 other things that are illegal for the claimVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
123 

•S 1860 IS

1 ant to possess under any law enacted to 

2 preserve, protect, recover, or restore his3 toric or cultural resources; and 

4 ‘‘(iii) any firearm, ammunition, explo5 sive, or chemical agent used to commit a 

6 crime of violence.’’. 

7 (g) TOLLING TIME FOR FILING COMPLAINT.—Sec8 tion 983(a)(3) of title 18, United States Code, is amended 

9 by adding the following after subparagraph (D): 

10 ‘‘(E) If a person claiming an interest in 

11 the seized property files a claim pursuant to 

12 paragraph (2), but there is a bona fide dispute 

13 as to whether the claim was timely filed or was 

14 in the proper form, the time for resolving such 

15 dispute shall not be counted within the time for 

16 filing a complaint under this paragraph.’’. 

17 (h) STATUTE OF LIMITATIONS.—Section 1621 of 

18 title 19, United States Code, is amended by striking 

19 ‘‘whichever was later’’ and inserting ‘‘whichever time pe20 riod would result in the later deadline’’. 

21 (i) TEMPORARY RESTRAINTS IN INTERNATIONAL

22 CASES.—Section 981(b)(4) of title 18, United States 

23 Code, is amended by striking ‘‘30 days’’ and inserting ‘‘90 

24 days’’. 


bajohnson on PROD1PC69 with BILLS
124 

•S 1860 IS

1 (j) DISPOSITION OF FORFEITED PROPERTY.—Sec2 tion 981(e) of title 18, United States Code, is amended— 

3 (1) by revising the introductory language pre4 ceding paragraph (1) to read as follows: 

5 ‘‘(e) Notwithstanding any other provision of the law, 

6 except section 3 of the Anti-Drug Abuse Act of 1986 

7 (Public Law 99–570, 3, 100 Stat. 3207–1), the Archeo8 logical Resources Protection Act of 1979 (16 U.S.C. 

9 470aa et seq. and 18 U.S.C. 1370), and the Native Amer10 ican Graves Protection and Repatriation Act (25 U.S.C. 

11 3001 et seq.), the Attorney General, the Secretary of 

12 Homeland Security, the Secretary of the Treasury, the 

13 Secretary of the Interior, or the Postal Service, as the case 

14 may be, is authorized to retain property forfeited pursuant 

15 to this section, to sell, by public sale or any other commer16 cially feasible means, such forfeited property which is not 

17 required to be destroyed by law and which is not harmful 

18 to the public, or to transfer such forfeited property on 

19 such terms and conditions as the appropriate agency may 

20 determine—’’; and 

21 (2) by adding at the end the following: ‘‘Not22 withstanding any other provision of law, the United 

23 States is authorized to retain property forfeited in 

24 accordance with this section that may be used as 


bajohnson on PROD1PC69 with BILLS
125 

•S 1860 IS

1 evidence in a criminal proceeding throughout the 

2 pendency of such proceeding.’’. 

3 SEC. 381. PROPERTY DETAINED AT THE BORDER. 

4 Section 983(a)(1) of title 18, United States Code, is 

5 amended— 

6 (1) in subparagraph (A), by adding after clause 

7 (v) the following: 

8 ‘‘(vi) In cases where property is de9 tained at an international border or port of 

10 entry for the purpose of examination, test11 ing, inspection, obtaining documentation, 

12 or other investigation relating to the im13 portation of the property into, or the ex14 portation of the property out of, the 

15 United States, such period of detention 

16 shall not be included in the 60-day period 

17 described in clause (i). In such cases, the 

18 60-day period shall begin to run when the 

19 period of detention is concluded.’’; and 

20 (2) in subparagraph (D)— 

21 (A) by striking ‘‘or’’ at the end of clause 

22 (iv); 

23 (B) by redesignating clause (v) as clause 

24 (vi); and 


bajohnson on PROD1PC69 with BILLS
126 

•S 1860 IS

1 (C) by inserting the following after clause 

2 (iv): 

3 ‘‘(v) initiation of a forfeiture pro4 ceeding before the seizing agency has re5 ceived the results of a scientific test or lab6 oratory analysis of the seized property that 

7 is material to the determination whether 

8 the property is subject to forfeiture; or’’. 

9 SEC. 382. OBSTRUCTION OF JUSTICE. 

10 Section 2232(b) of title 18, United States Code, is 

11 amended to read as follows: 

12 ‘‘(b) IMPAIRMENT OF JURISDICTION OVER PROP13 ERTY.—Whoever— 

14 ‘‘(1) knowing that a United States court has 

15 exercised, or is about to exercise, jurisdiction over 

16 property for purposes of forfeiture under Federal 

17 law; or 

18 ‘‘(2) knowing that property has been alleged to 

19 be forfeitable in any civil or criminal proceeding 

20 pending in any United States court, 

21 destroys, damages, wastes, disposes of, transfers, or takes 

22 any other action with respect to such property for the pur23 pose of impairing, frustrating, or defeating the court’s ju24 risdiction over the property, without authority from that 

25 court, or attempts or conspires to do so, shall be fined 


bajohnson on PROD1PC69 with BILLS
127 

•S 1860 IS

1 under this title or imprisoned not more than 5 years, or 

2 both.’’. 

3 SEC. 383. SOURCE OF PAYMENT FOR ATTORNEY’S FEES. 

4 Section 2465 of title 28, United States Code, as 

5 amended by this Act, is further amended by adding at the 

6 end the following: 

7 ‘‘(d)(1) Any amounts for which the United States is 

8 found to be liable pursuant to subsection (b) shall be paid 

9 from the Judgment Fund (28 U.S.C. 1304). 

10 ‘‘(2) The amount of any attorney fees and other liti11 gation costs for which the United States is found to be 

12 liable pursuant to subsection (b) shall be calculated in ac13 cordance with the provision for calculating such amounts 

14 under the Equal Access to Justice Act (28 U.S.C. 2412).’’. 

15 SEC. 384. EXCESSIVE FINES CHALLENGES. 

16 Section 983(g) of title 18, United States Code, is 

17 amended— 

18 (1) in paragraph (1), by striking ‘‘The claimant 

19 under subsection (a)(4)’’ and inserting ‘‘An owner 

20 who files a claim under subsection (a)(4)’’; and 

21 (2) in paragraph (3), by striking ‘‘claimant’’ 

22 and inserting ‘‘owner’’. 

23 SEC. 385. PAYMENT IN LIEU OF FORFEITURE. 

24 Section 981 of title 18, United States Code, is 

25 amended by adding at the end the following: 


bajohnson on PROD1PC69 with BILLS
128 

•S 1860 IS

1 ‘‘(l) PAYMENT IN LIEU OF FORFEITURE.—If a finan2 cial institution or other person pays a sum of money to 

3 the United States— 

4 ‘‘(1) in lieu of the commencement of forfeiture 

5 proceedings; or 

6 ‘‘(2) in settlement of such forfeiture pro7 ceedings if commenced, 

8 such sum of money shall be treated as forfeited funds and 

9 disposed of according to subsection (e).’’. 

10 SEC. 386. STATUTORY STANDING. 

11 Section 983(a)(4) of title 18, United States Code, is 

12 amended by striking ‘‘any person claiming an interest’’ 

13 and inserting ‘‘any person with an ownership interest as 

14 described in subsection (d)’’. 

15 SEC. 387. UPDATING THE CROSS REFERENCE TO FOR16 FEITURE PROCEDURES. 

17 Section 2513 of title 18, United States Code, is 

18 amended by striking everything after the first sentence 

19 and inserting the following: ‘‘The procedures set forth in 

20 Chapter 46 of this title shall apply to civil forfeitures 

21 under this section.’’. 

22 SEC. 388. PROTECTING THE RIGHTS OF VICTIMS. 

23 Section 983(d) of title 18, United States Code, is 

24 amended by inserting after paragraph (6) the following: 


bajohnson on PROD1PC69 with BILLS
129 

•S 1860 IS

1 ‘‘(7)(A) In determining whether a claimant is 

2 an owner under paragraph (6), the court may not 

3 recognize or impose a constructive trust or other eq4 uitable remedy if doing so would— 

5 ‘‘(i) disadvantage other persons who are 

6 similarly situated, including other victims of the 

7 same offense who did not file claims in the for8 feiture proceeding or who cannot trace their 

9 property to the property subject to forfeiture; or 

10 ‘‘(ii) would otherwise interfere with the 

11 ability of the Attorney General, the Secretary of 

12 Homeland Security, the Secretary of the Treas13 ury, or the Postmaster General of the United 

14 States Postal Service to distribute the property 

15 subject to forfeiture on an equitable basis to the 

16 victims of an offense pursuant to sections 

17 981(d) or 981(e)(6), or any other provision of 

18 law. 

19 ‘‘(B) For the purposes of this paragraph, the 

20 court may consider a person to be the beneficiary of 

21 a constructive trust only if— 

22 ‘‘(i) the person transferred property to a 

23 third party, and that property is traceable to 

24 the property that is subject to forfeiture; 


bajohnson on PROD1PC69 with BILLS
130 

•S 1860 IS

1 ‘‘(ii) the person was induced to transfer 

2 the property to the third party by fraud or false 

3 pretenses; 

4 ‘‘(iii) the person who transferred the prop5 erty has ‘clean hands’ as that term is applied 

6 by a court of equity; 

7 ‘‘(iv) the person had a confidential or fidu8 ciary relationship with the person to whom 

9 property was transferred; and 

10 ‘‘(v) the person who transferred the prop11 erty lacks an adequate remedy at law, including 

12 the right to seek remission or restoration of the 

13 property pursuant to regulations issued by the 

14 Attorney General.’’. 

15 SEC. 389. OTHER MINOR AND TECHNICAL AMENDMENTS. 

16 (a) DESTRUCTION OF PROPERTY OF LITTLE OR NO

17 VALUE.— 

18 (1) Section 413(h) of the Controlled Substances 

19 Act (21 U.S.C. 853(h)) is amended by striking 

20 ‘‘shall direct the disposition of the property’’ and in21 serting ‘‘shall direct the disposition or destruction of 

22 the property’’. 

23 (2) Section 981(e) of title 18, United States 

24 Code, is amended by striking ‘‘is authorized to re25 tain property forfeited pursuant to this section’’ and 


bajohnson on PROD1PC69 with BILLS
131 

•S 1860 IS

1 inserting ‘‘is authorized to retain or destroy property 

2 forfeited pursuant to this section’’. 

3 (b) ADMINISTRATIVE FORFEITURE OF FUNDS.—Sec4 tion 1607(a) of title 19, United States Code, is amended 

5 by: 

6 (1) striking ‘‘or’’ at the end of paragraph (3); 

7 (2) inserting ‘‘or’’ after the semicolon at the 

8 end of paragraph (4); and 

9 (3) inserting after paragraph (4) the following: 

10 ‘‘(5) such seized merchandise comprises funds 

11 held in an account at a financial institution (as de12 fined in section 5312(a)(2) of title 31); or 

13 ‘‘(6) such seized merchandise comprises funds 

14 stored on a stored value card or other portable stor15 age device or funds held in an account at a financial 

16 institution (as defined in section 5312(a)(2) of title 

17 31) where such funds may be accessed by a stored 

18 value card or other portable storage device;’’. 

19 (c) EXPLOSIVES.—Section 844(c)(1) of title 18, 

20 United States Code, is amended by striking ‘‘, and all pro21 visions of the Internal Revenue Code of 1986 relating to 

22 the seizure, forfeiture, and disposition of firearms, as de23 fined in section 5845(a) of that Code, shall, so far as ap24 plicable, extend to seizures and forfeitures under the pro25 visions of this chapter’’. 


bajohnson on PROD1PC69 with BILLS
132 

•S 1860 IS

1 (d) CONFORMING SECTION 924(d) TO CAFRA.—Sec2 tion 924(d) of title 18, United States Code, is amended— 

3 (1) in subsection (d)(1) by striking ‘‘, and all 

4 provisions of the Internal Revenue Code of 1986 re5 lating to the seizure, forfeiture, and disposition of 

6 firearms, as defined in section 5845(a) of that Code, 

7 shall, so far as applicable, extend to seizures and 

8 forfeitures under the provisions of this chapter’’; 

9 (2) in subsection (d)(1) by striking ‘‘Any action 

10 or proceeding for the forfeiture of firearms or am11 munition shall be commenced within one hundred 

12 and twenty days of such seizure.’’; and 

13 (3) by striking subsection (d)(2) and redesig14 nating subsection (d)(3) as subsection (d)(2). 

15 (e) INTERNAL REVENUE SERVICE.—Section 5872 of 

16 the Internal Revenue Code of 1986, is amended in sub17 section (a) by striking ‘‘, and (except as provided in sub18 section (b)) all the provisions of the internal revenue laws 

19 relating to searches, seizures, and forfeitures of 

20 unstamped articles are extended to and made to apply to 

21 the articles taxed under this chapter, and the persons to 

22 whom this chapter applies.’’ 

23 (f) CONFORMING AMENDMENTS TO RULE G.— 


bajohnson on PROD1PC69 with BILLS
133 

•S 1860 IS

1 (1) Section 983(a)(4)(A) of title 18, United 

2 States Code, is amended by striking ‘‘except that 

3 such claim’’ and all that follows, up to the period. 

4 (2) Section 985(c)(1)(C) of title 18, United 

5 States Code, is amended to read as follows: 

6 ‘‘(C) sending notice to the property owner, 

7 along with a copy of the complaint, in the man8 ner described in rule G(4)(b) of the Supple9 mental Rules for Admiralty or Maritime and 

10 Asset Forfeiture Claims.’’. 

11 (3) Chapter 46 of title 18, United States Code, 

12 is amended by striking ‘‘Supplemental Rules for 

13 Certain Admiralty and Maritime Claims’’ and insert14 ing ‘‘Supplemental Rules for Admiralty or Maritime 

15 and Asset Forfeiture Claims’’ each time it appears. 

16 SEC. 390. FRIVOLOUS CLAIMS BY PRISONERS. 

17 (a) IN GENERAL.—Section 1915(g) of title 28, 

18 United States Code is amended by adding the following 

19 at the end: ‘‘Motions and other actions seeking the return 

20 of administratively, civilly, or criminally forfeited property, 

21 or otherwise collaterally attacking a forfeiture declaration, 

22 order, or judgment, shall be considered civil actions for 

23 purposes of this subsection.’’. 

24 (b) SECTION 983(h).—Section 983(h)(3) of title 18, 

25 United States Code, is amended to read as follows: 


bajohnson on PROD1PC69 with BILLS
134 

•S 1860 IS

1 ‘‘(3) In addition to the limitations of section 

2 1915 of title 28, United States Code, in no event 

3 shall a prisoner— 

4 ‘‘(A) file a claim under a civil forfeiture 

5 statute; 

6 ‘‘(B) appeal a judgment in a civil action or 

7 proceeding based on a civil forfeiture statute; 

8 ‘‘(C) move for return of administratively, 

9 civilly, or criminally forfeited property; 

10 ‘‘(D) otherwise collaterally attack a for11 feiture declaration, order, or judgment; or 

12 ‘‘(E) appeal from the denial of any such 

13 motion or collateral attack, 

14 if the prisoner has, on 3 or more prior occasions, 

15 while incarcerated or detained in any facility, 

16 brought an action or appeal in a court of the United 

17 States that was dismissed on the grounds that it is 

18 frivolous or malicious, unless the prisoner shows ex19 traordinary and exceptional circumstances.’’. 


bajohnson on PROD1PC69 with BILLS
135 

•S 1860 IS

1 TITLE IV—DRUG TRAFFICKING 

2 ENFORCEMENT 

3 Subtitle A—Regulation of Analogue 

4 Substances 

5 SEC. 401. SHORT TITLE. 

6 This title may be cited as the ‘‘Controlled Substances 

7 Analogue Reform Act’’. 

8 SEC. 402. IDENTIFICATION OF ANALOGUES. 

9 (a) DEFINITION OF CONTROLLED SUBSTANCE ANA10 LOGUE.—Section 102(32) of the Controlled Substances 

11 Act (21 U.S.C. 802) is amended by striking subparagraph 

12 (A) and inserting the following: 

13 ‘‘(A)(i) Except as provided in subparagraph 

14 (C), the term ‘controlled substance analogue’ means 

15 a substance that meets 1 or more of the following 

16 criteria: 

17 ‘‘(I) The chemical structure is substan18 tially similar to the chemical structure of a con19 trolled substance in schedule I or II and either 

20 one of the following: 

21 ‘‘(aa) The substance has a stimulant, 

22 depressant, or hallucinogenic effect on the 

23 central nervous system that is substantially 

24 similar to, or greater than the stimulant, 

25 depressant, or hallucinogenic effect on the 


bajohnson on PROD1PC69 with BILLS
136 

•S 1860 IS

1 central nervous system of a controlled sub2 stance in schedule I or II. 

3 ‘‘(bb) With respect to a particular 

4 transaction or proposed transaction, a per5 son represents or intends that the sub6 stance has a stimulant, depressant, or hal7 lucinogenic effect on the central nervous 

8 system that is substantially similar to, or 

9 greater than the stimulant, depressant, or 

10 hallucinogenic effect on the central nervous 

11 system of a controlled substance in sched12 ule I or II. 

13 ‘‘(II) The substance is listed in section 

14 203(b). 

15 ‘‘(III) The substance has been designated 

16 by the Attorney General, by rule, in accordance 

17 with section 553 of title 5, as meeting at least 

18 1 of the following criteria: 

19 ‘‘(aa) The chemical structure of the 

20 substance is substantially similar to the 

21 chemical structure of a controlled sub22 stance in schedule I or II. 

23 ‘‘(bb) The substance meets the defini24 tion of a phenethylamine or a tryptamine 


bajohnson on PROD1PC69 with BILLS
137 

•S 1860 IS

1 under (paragraph (3) or (4) of section 

2 203(b)). 

3 ‘‘(ii) No inference is intended or may be drawn 

4 by the failure of the Attorney General to designate 

5 a substance as an analogue under this subsection. 

6 The Attorney General is authorized to remove any 

7 substance from the list of analogues pursuant to his 

8 rulemaking authority.’’. 

9 (b) CONGRESSIONAL DESIGNATION OF SUBSTANCES

10 AS ANALOGUES.—Section 203 of the Controlled Sub11 stances Act (21 U.S.C. 813) is amended— 

12 (1) by inserting ‘‘(a)’’ before the text in section 

13 813; and 

14 (2) by inserting at the end the following: 

15 ‘‘(b) The following substances shall be deemed con16 trolled substance analogues as that term is used in 21 

17 U.S.C. 802(32)(A), and shall, to the extent intended for 

18 human consumption, be treated for the purposes of any 

19 Federal law as a controlled substance in schedule I: 

20 ‘‘(1) Gamma butyrolactone (GBL). 

21 ‘‘(2) 1,4-butanediol. 

22 ‘‘(3) Phenethylamines, meaning any 

23 phenethylamine that meets 1 or more of the fol24 lowing conditions: 


bajohnson on PROD1PC69 with BILLS
138 

•S 1860 IS

1 ‘‘(A) Any compound structurally derived 

2 from phenethylamine. 

3 ‘‘(B) Any compound structurally derived 

4 from any N-alkylphenethylamine, any alpha5 alkylphenethylamine, or any N-alkyl-alpha6 alkylphenethylamine, by substitution on the 

7 ring to any extent with alkyl, cycloalkyl, 

8 cycloalkenyl, alkoxy, alkylthio, alkylhalide, 

9 alkylenedioxy, acyloxy, or halide substituents, 

10 whether or not further substituted on the ring 

11 by 1 or more other univalent substituents. 

12 ‘‘(4) Tryptamines, meaning any tryptamine that 

13 meets 1 or more of the following conditions: 

14 ‘‘(A) Has a secondary or tertiary amine 

15 formed by the substitution on the nitrogen 

16 atom of the 2-aminoethyl chain by various alkyl 

17 groups, whether in chain, or ring form (for ex18 ample, N-alkyltryptamine, N,N-dialkyltrypt19 amine, N,N-tetramethylenetryptamine). 

20 ‘‘(B) Has an alkyl substitution on the 

21 alpha position of the 2-aminoethyl chain (alpha22 methyltryptamine or alpha-ethyltryptamine). 

23 ‘‘(C) Has substituents on the indole ring 

24 system, including, but not restricted to, various 

25 alkyl chains, halogens, hydroxyl, alkoxy, acetyl, 


bajohnson on PROD1PC69 with BILLS
139 

•S 1860 IS

1 or alkylthio groups, at 1 or more positions ex2 cept the 1 (indole nitrogen) position.’’. 

3 (c) SEVERABILITY.—If a provision of this section is 

4 held invalid, all valid provisions that are severable shall 

5 remain in effect. If a provision is held invalid in 1 or more 

6 of its applications, the provision shall remain in effect in 

7 all its valid applications that are severable. 

8 Subtitle B—Clarification of Venue 

9 for Certain Drug Trafficking Of10 fenses 

11 SEC. 411. CLARIFICATION OF VENUE FOR CERTAIN DRUG 

12 TRAFFICKING OFFENSES. 

13 Section 1009 of the Controlled Substances Import 

14 and Export Act (21 U.S.C. 959) is amended to read as 

15 follows: 

16 ‘‘POSSESSION, MANUFACTURE, OR DISTRIBUTION OF

17 CONTROLLED SUBSTANCE

18 ‘‘SEC. 1009. (a) It shall be unlawful for any person 

19 to manufacture or distribute a controlled substance in 

20 schedule I or II or flunitrazepam or listed chemical— 

21 ‘‘(1) intending that such substance or chemical 

22 will be unlawfully imported into the United States or 

23 into waters within a distance of 12 miles of the 

24 coast of the United States; or 

25 ‘‘(2) knowing that such substance or chemical 

26 will be unlawfully imported into the United States or 


bajohnson on PROD1PC69 with BILLS
140 

•S 1860 IS

1 into waters within a distance of 12 miles of the 

2 coast of the United States. 

3 ‘‘(b) POSSESSION, MANUFACTURE, OR DISTRIBUTION

4 BY PERSON ON BOARD AIRCRAFT.—It shall be unlawful 

5 for any United States citizen on board any aircraft, or 

6 any person on board an aircraft owned by a United States 

7 citizen or registered in the United States, to— 

8 ‘‘(1) manufacture or distribute a controlled sub9 stance or listed chemical; or 

10 ‘‘(2) possess a controlled substance or listed 

11 chemical with intent to distribute. 

12 ‘‘(c) ATTEMPT OR CONSPIRACY TO COMMIT OF13 FENSE.—Any person who attempts or conspires to commit 

14 any offense defined in this section shall be subject to the 

15 same penalties as those prescribed for the offense, the 

16 commission of which was the object of the attempt or con17 spiracy. 

18 ‘‘(d) ACTS COMMITTED OUTSIDE TERRITORIAL JU19 RISDICTION OF UNITED STATES.—This section is in20 tended to reach acts of manufacture or distribution com21 mitted outside the territorial jurisdiction of the United 

22 States, including acts in furtherance of a conspiracy or 

23 attempt. This section shall apply even if some acts related 

24 to the conspiracy or attempt were committed within the 

25 United States. 


bajohnson on PROD1PC69 with BILLS
141 

•S 1860 IS

1 ‘‘(e) VENUE.—Any person who violates this section 

2 shall be tried in the United States district court at the 

3 point of entry where such person enters the United States, 

4 or in the United States District Court for the District of 

5 Columbia. A prosecution for an attempt or conspiracy of6 fense under this section shall be tried in the United States 

7 district court at the point of entry where such person en8 ters the United States, or in the United States District 

9 Court for the District of Columbia.’’. 

10 TITLE V—CRIMINAL 

11 RESTITUTION IMPROVEMENT 

12 SEC. 501. MANDATORY RESTITUTION FOR FEDERAL OF13 FENSES. 

14 Title 18, United States Code, is amended by striking 

15 section 3663 and all that follows through section 3664 and 

16 inserting the following: 

17 ‘‘§ 3663. Mandatory restitution 

18 ‘‘(a) RESTITUTION REQUIRED.—The court shall 

19 order a convicted defendant to make restitution for all pe20 cuniary loss to identifiable victims, including pecuniary 

21 loss resulting from physical injury to, or the death of, an22 other, proximately resulting from the offense. 

23 ‘‘(b) TO WHOM MADE.— 

24 ‘‘(1) GENERALLY.—The court shall order res25 titution be made to each victim of the offense. 


bajohnson on PROD1PC69 with BILLS
142 

•S 1860 IS

1 ‘‘(2) DEFINITION OF VICTIM.—As used in this 

2 section and section 3664, the term ‘victim’ means— 

3 ‘‘(A) each identifiable person or entity suf4 fering the pecuniary loss (and any successor to 

5 that person or entity); and 

6 ‘‘(B) others, as agreed to in a plea agree7 ment or otherwise provided by law. 

8 ‘‘(c) EXTENT OF RESTITUTION.—Restitution shall 

9 compensate the victim for all of the victim’s pecuniary 

10 loss, including— 

11 ‘‘(1) an amount equal to the greater of the 

12 value of the property on the date of the damage, 

13 loss, or destruction or the value of the property on 

14 the date of sentencing; 

15 ‘‘(2) an amount equal to the cost of necessary 

16 medical and related professional services and devices 

17 relating to physical, psychiatric, and psychological 

18 care, including nonmedical care and treatment ren19 dered in accordance with a method of healing recog20 nized by the law of the place of treatment; 

21 ‘‘(3) an amount equal to the cost of necessary 

22 physical and occupational therapy and rehabilitation; 

23 ‘‘(4) income lost by such victim as a result of 

24 such offense; 


bajohnson on PROD1PC69 with BILLS
143 

•S 1860 IS

1 ‘‘(5) lost income and necessary child care, 

2 transportation, and other expenses incurred during 

3 participation in the investigation or prosecution of 

4 the offense or attendance at proceedings related to 

5 the offense, including attorneys’ fees necessarily and 

6 reasonably incurred for representation of the victim 

7 except for payment of salaries of government law8 yers; and 

9 ‘‘(6) in the case of an offense resulting in the 

10 death of the victim, an amount equal to the cost of 

11 necessary funeral and related services. 

12 ‘‘(d) SPECIAL RULE FOR MISDEMEANORS.—In the 

13 case of a misdemeanor, an order of restitution may be in 

14 lieu of any other penalty. 

15 ‘‘(e) ALTERNATIVE ARRANGEMENTS IN LIGHT OF

16 PRACTICAL PROBLEMS.—The court shall provide as com17 plete a restitution to as many victims as possible, though 

18 not the full restitution to all victims otherwise required 

19 by this section, to the extent the court finds on the record 

20 that— 

21 ‘‘(1) the number of identifiable victims is so 

22 large as to make restitution impracticable; or 

23 ‘‘(2) determining complex issues of fact related 

24 to the cause or amount of a victim’s losses would 

25 complicate or prolong the sentencing process to such 


bajohnson on PROD1PC69 with BILLS
144 

•S 1860 IS

1 a degree that the need to provide restitution to that 

2 victim is outweighed by the burden on the sen3 tencing process. 

4 ‘‘§ 3664. Procedure for issuance and enforcement of 

5 order of restitution 

6 ‘‘(a) REPORT BY PROBATION OFFICER.— 

7 ‘‘(1) DUTY TO MAKE.—The probation officer 

8 shall obtain and include in the presentence report, or 

9 in a separate report, as the court may direct, infor10 mation sufficient for the court to fashion a restitu11 tion order. 

12 ‘‘(2) CONTENTS.—The report shall include, to 

13 the extent practicable, a complete accounting of the 

14 losses to each victim, any restitution owed pursuant 

15 to a plea agreement, and information relating to the 

16 economic circumstances of each defendant. If the 

17 number or identity of victims cannot be reasonably 

18 ascertained, or other circumstances exist that make 

19 this requirement impracticable, the probation officer 

20 shall so inform the court and make the best efforts 

21 possible to estimate the loss and identify the victims. 

22 ‘‘(b) DISCLOSURE TO PARTIES.—The court shall dis23 close to the defendant, the attorney for the Government, 

24 and, upon request, potential recipients of restitution, all 


bajohnson on PROD1PC69 with BILLS
145 

•S 1860 IS

1 portions of the presentence or other report pertaining to 

2 the matters described in subsection (a). 

3 ‘‘(c) INFORMATION FROM ATTORNEY FOR THE GOV4 ERNMENT.—The attorney for the Government shall pro5 vide to the probation officer any information the Attorney 

6 for the Government has relevant to the matters required 

7 to be reported under subsection (a). 

8 ‘‘(d) NOTICE TO VICTIMS.—The probation officer 

9 shall, before submitting the presentence report under sub10 section (a), to the extent practicable— 

11 ‘‘(1) provide notice to all identified victims of— 

12 ‘‘(A) the offense or offenses of which the 

13 defendant was convicted; 

14 ‘‘(B) the amounts subject to restitution 

15 submitted to the probation officer; 

16 ‘‘(C) the opportunity of the victim to sub17 mit information to the probation officer con18 cerning the amount of the victim’s losses; 

19 ‘‘(D) the scheduled date, time, and place of 

20 the sentencing hearing; 

21 ‘‘(E) the availability of a lien in favor of 

22 the victim; and 

23 ‘‘(F) the opportunity of the victim to file 

24 with the probation officer a separate affidavit 


bajohnson on PROD1PC69 with BILLS
146 

•S 1860 IS

1 relating to the amount of the victim’s losses 

2 subject to restitution; and 

3 ‘‘(2) provide the victim with an affidavit form 

4 to submit pursuant to paragraph (1)(F). 

5 ‘‘(e) DEFENDANT’S AFFIDAVIT AS TO FINANCES.— 

6 Each defendant shall prepare and file with the probation 

7 officer an affidavit fully describing the financial resources 

8 of the defendant, including a complete listing of all assets 

9 owned or controlled by the defendant as of the date on 

10 which the defendant was arrested, the financial needs and 

11 earning ability of the defendant and the defendant’s de12 pendents, and such other information that the court re13 quires relating to such other factors as the court deems 

14 appropriate. 

15 ‘‘(f) ADDITIONAL DOCUMENTATION OR TESTI16 MONY.—After reviewing the report of the probation offi17 cer, the court may require additional documentation or 

18 hear testimony. The privacy of any records filed, or testi19 mony heard, pursuant to this section shall be maintained 

20 to the greatest extent possible, and such records may be 

21 filed or testimony heard in camera. 

22 ‘‘(g) DATE FOR FINAL DETERMINATION.—If a vic23 tim’s losses are not ascertainable by the date that is 10 

24 days before sentencing, the attorney for the Government 

25 or the probation officer shall so inform the court, and the 


bajohnson on PROD1PC69 with BILLS
147 

•S 1860 IS

1 court shall set a date for the final determination of the 

2 victim’s losses, not to exceed 90 days after sentencing. If 

3 the victim subsequently discovers further losses, the victim 

4 shall have 60 days after discovery of those losses in which 

5 to petition the court for an amended restitution order. 

6 Such order may be granted only upon a showing of good 

7 cause for the failure to include such losses in the initial 

8 claim for restitution. 

9 ‘‘(h) REFERRALTO MAGISTRATE OR SPECIAL MAS10 TER.—The court may refer any issue arising in connection 

11 with a proposed order of restitution to a magistrate judge 

12 or special master for proposed findings of fact and rec13 ommendations as to disposition, subject to a de novo de14 termination of the issue by the court. 

15 ‘‘(i) BURDENS OF PROOF.—Any dispute as to the 

16 proper amount or type of restitution shall be resolved by 

17 the court by the preponderance of the evidence. The bur18 den of demonstrating the amount of the loss sustained by 

19 a victim of restitution as a result of the offense shall be 

20 on the attorney for the Government. The burden of dem21 onstrating the financial resources of the defendant and the 

22 financial needs of the defendant’s dependents, shall be on 

23 the defendant. The burden of demonstrating such other 

24 matters as the court deems appropriate shall be upon the 

25 party designated by the court as justice requires. 


bajohnson on PROD1PC69 with BILLS
148 

•S 1860 IS

1 ‘‘(j) ORDER OF PAYMENT.— 

2 ‘‘(1) Upon determination of the amount of res3 titution owed to each victim, the court shall order 

4 that the full amount of restitution is due and pay5 able immediately. 

6 ‘‘(2) The court shall specify in the restitution 

7 order the manner in which the restitution is to be 

8 paid. The court may provide for payment in install9 ments according to a schedule. The length of time 

10 over which scheduled payments are established shall 

11 be the shortest time in which full payment reason12 ably can be made and based on— 

13 ‘‘(A) the financial resources and other as14 sets of the defendant, including whether any of 

15 these assets are jointly controlled; 

16 ‘‘(B) projected earnings and other income 

17 of the defendant; and 

18 ‘‘(C) any financial obligations of the de19 fendant; including obligations to dependents. 

20 ‘‘(3) The court may direct the defendant to 

21 take any action, including the repatriation of assets 

22 or the surrender of the interest of the defendant in 

23 any asset, in order to pay restitution in accordance 

24 with this section. 


bajohnson on PROD1PC69 with BILLS
149 

•S 1860 IS

1 ‘‘(4) The Attorney General may collect and 

2 apply unreported or otherwise newly available assets 

3 to the payment of restitution, without regard to any 

4 installment payment provisions. 

5 ‘‘(k) ORDER AS FINAL JUDGMENT.—A sentence that 

6 imposes an order of restitution is a final judgment not7 withstanding the fact that— 

8 ‘‘(1) such a sentence can subsequently be— 

9 ‘‘(A) corrected under Rule 35 of the Fed10 eral Rules of Criminal Procedure and section 

11 3742 of chapter 235 of this title; 

12 ‘‘(B) appealed and modified under section 

13 3742; 

14 ‘‘(C) amended under subsection (g); or 

15 ‘‘(D) adjusted under section 3664(q), 

16 3572, or 3613A; or 

17 ‘‘(2) the defendant may be resentenced under 

18 section 3565 or 3614. 

19 ‘‘(l) JOINT AND SEVERAL RESPONSIBILITY.—If the 

20 offense involves more than one defendant, the court may 

21 order each defendant jointly and severally liable for any 

22 or all of the restitution. 

23 ‘‘(m) SUPERVISED RELEASE.—A court shall not ter24 minate a term of supervised release under section 3583(e) 

25 before the order to pay restitution has been completely 


bajohnson on PROD1PC69 with BILLS
150 

•S 1860 IS

1 satisfied. A court shall extend a term of supervised release 

2 beyond that otherwise imposed under other provisions of 

3 law, until the defendant has paid the restitution in full 

4 or the court determines the economic circumstances of the 

5 defendant do not allow the payment of any further restitu6 tion. Such determination is only for the purposes of this 

7 subsection and does not affect the obligation to pay res8 titution or the ability of any entity to enforce restitution 

9 under any other provision of law. If the supervised release 

10 is extended under this subsection, the court shall order 

11 that the sole condition of supervised release shall be pay12 ment of restitution. 

13 ‘‘(n) EFFECT OF INSURANCE AND OTHER COM14 PENSATION.— 

15 ‘‘(1) INSURANCE.—In no case shall the fact 

16 that a victim receives or is entitled to receive com17 pensation with respect to a loss from insurance or 

18 any other source be considered in determining the 

19 amount of restitution. If a victim receives compensa20 tion from insurance or any other source with respect 

21 to a loss, the court shall order that restitution be 

22 paid to the person who provided or is obligated to 

23 provide the compensation, but the restitution order 

24 shall provide that all victims be paid before such a 

25 provider of compensation. 


bajohnson on PROD1PC69 with BILLS
151 

•S 1860 IS

1 ‘‘(2) OTHER COMPENSATION.—Any amount 

2 paid to a victim under an order of restitution shall 

3 be reduced by any amount later recovered as com4 pensatory damages for the same loss by the victim 

5 in— 

6 ‘‘(A) any Federal civil proceeding; and 

7 ‘‘(B) any State civil proceeding, to the ex8 tent provided by the law of the State. 

9 ‘‘(o) DETAILS OF PAYMENTS.— 

10 ‘‘(1) MINIMUM PAYMENT REQUIRED.—A res11 titution order may direct the defendant to make 

12 nominal periodic payments if the court finds on the 

13 record that the economic circumstances of the de14 fendant do not allow the payment of any amount of 

15 a restitution order, and do not allow for the payment 

16 of the full amount of a restitution order in the fore17 seeable future under any reasonable schedule of pay18 ments. 

19 ‘‘(2) IN-KIND PAYMENTS.—An in-kind payment 

20 may be in the form of return of property, replace21 ment of property, or if the victim agrees, services 

22 rendered to the victim or a person or organization 

23 other than the victim. 

24 ‘‘(p) DIFFERENT PAYMENT SCHEDULES FOR MUL25 TIPLE VICTIMS.—If the court finds that more than 1 vicVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
152 

•S 1860 IS

1 tim has sustained a loss requiring restitution by a defend2 ant, the court may provide for a different payment sched3 ule for each victim, based on their individual losses and 

4 economic circumstances. In any case in which the United 

5 States is a victim, the court shall ensure that all other 

6 victims receive full restitution before the United States re7 ceives any restitution. 

8 ‘‘(q) MATERIAL CHANGE IN DEFENDANT’S ABILITY

9 TO PAY.—The defendant shall notify the court and the 

10 Attorney General of any material change in the defend11 ant’s economic circumstances that might affect the de12 fendant’s ability to pay restitution. The court may also 

13 accept notification of a material change in the defendant’s 

14 economic circumstances from the United States or from 

15 the victim. The Attorney General shall certify to the court 

16 that the victims have been notified of the change in cir17 cumstances. Upon receipt of the notification, the court 

18 may, on its own motion, or the motion of any party, in19 cluding the victim, adjust the payment schedule, or require 

20 immediate payment in full, as the interests of justice re21 quire. 

22 ‘‘(r) NAME AND ADDRESS CHANGES.—It is the re23 sponsibility of the victim to provide any change in name 

24 or mailing address to the court while restitution is still 

25 owed. Not later than 30 days after any change in name 


bajohnson on PROD1PC69 with BILLS
153 

•S 1860 IS

1 or mailing or residence address, a person owing restitution 

2 shall promptly report the change to the court. The con3 fidentiality of any information relating to a victim shall 

4 be maintained. 

5 ‘‘(s) ENFORCEMENT.— 

6 ‘‘(1) GENERALLY.—An order of restitution may 

7 be enforced by the United States in the manner pro8 vided for in subchapter C of chapter 227 and sub9 chapter B of chapter 229 of this title, or by all other 

10 available and necessary means. 

11 ‘‘(2) ABSTRACT OF JUDGMENT.—At the request 

12 of a victim named in a restitution order, the clerk 

13 of the court shall issue an abstract of judgment cer14 tifying that a judgment has been entered in favor of 

15 such victim in the amount specified in the restitution 

16 order. Upon registering, recording, docketing, or in17 dexing such abstract in accordance with the rules 

18 and requirements relating to judgments of the court 

19 of the State where the district court is located, the 

20 abstract of judgment shall be a lien on the property 

21 of the defendant located in such State in the same 

22 manner and to the same extent and under the same 

23 conditions as a judgment of a court of general juris24 diction in that State. 


bajohnson on PROD1PC69 with BILLS
154 

•S 1860 IS

1 ‘‘(3) SPECIALRULE FOR IN-KIND ORDERS.—An 

2 order of in-kind restitution in the form of services 

3 shall be enforced by the probation officer. 

4 ‘‘(t) EFFECT OF ADDITIONAL RESOURCES.—If a per5 son obligated to provide restitution, or pay a fine, receives 

6 additional resources from any source, including inherit7 ance, settlement, or other judgment, such person shall be 

8 required to apply the value of such resources to any res9 titution or fine still owed. 

10 ‘‘(u) RIGHTS OF VICTIMS.— 

11 ‘‘(1) NOT REQUIRED TO PARTICIPATE.—No vic12 tim shall be required to participate in any phase of 

13 a restitution order. 

14 ‘‘(2) ASSIGNMENT TO FUND.—A victim may at 

15 any time assign an interest in restitution payments 

16 to the Crime Victims Fund in the Treasury without 

17 in any way impairing the obligation of the defendant 

18 to make such payments. 

19 ‘‘(v) NO CAUSE OF ACTION CREATED AGAINST THE

20 UNITED STATES OR ITS OFFICERS OR EMPLOYEES.— 

21 Nothing in this section or section or 3663 shall be con22 strued to create a cause of action not otherwise authorized 

23 in favor of any person against the United States or any 

24 officer or employee of the United States. 


bajohnson on PROD1PC69 with BILLS
155 

•S 1860 IS

1 ‘‘(w) COLLATERAL ESTOPPEL.—A conviction of a de2 fendant for an offense involving the act giving rise to an 

3 order of restitution shall estop the defendant from denying 

4 the essential allegations of that offense in any subsequent 

5 Federal civil proceeding or State civil proceeding, to the 

6 extent consistent with State law, brought by the victim.’’. 

7 SEC. 502. TABLE OF SECTIONS AMENDMENT. 

8 The table of sections at the beginning of chapter 232 

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

10 the item relating to sections 3663 and all that follows the 

11 item relating to section 3664 and inserting the following: 

‘‘3663. Mandatory restitution. 

‘‘3664. Procedure for issuance and enforcement of order of restitution.’’. 

12 SEC. 503. EFFECT OF RESTITUTION ORDER ON SENTENCE 

13 OF PROBATION. 

14 Section 3564 of title 18, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(f) RELATION TO RESTITUTION ORDER.—The court 

17 shall not terminate a term of probation under section 

18 3564(c) if the defendant has an unsatisfied order of res19 titution. The court shall extend probation for such a de20 fendant beyond any term otherwise provided by law until 

21 the order is satisfied or the court determines the economic 

22 circumstances of the defendant do not allow the payment 

23 of any further restitution. Such determination is only for 

24 the purposes of this subsection and does not affect the 


bajohnson on PROD1PC69 with BILLS
156 

•S 1860 IS

1 obligation to pay restitution or the ability of any entity 

2 to enforce restitution under any other provision of law. 

3 The sole condition of such extended probation shall be the 

4 satisfaction of that order.’’. 

5 SEC. 504. CONFORMING AMENDMENTS AND REPEALS. 

6 (a) ELIMINATION OF SPECIALIZED MANDATORY

7 RESTITUTION PROVISIONS.— 

8 (1) IN TITLE 18.—Title 18, United States Code, 

9 is amended by striking— 

10 (A) section 1593; 

11 (B) section 2248; 

12 (C) section 2259; 

13 (D) section 2264; and 

14 (E) section 2327. 

15 (2) CONFORMING AMENDMENTS TO TABLES IN

16 TITLE 18.—The table of sections for each of the 

17 chapters of title 18, United States Code, from which 

18 a section is stricken by subsection (a) is amended by 

19 striking the item relating to that section. 

20 (3) IN THE CONTROLLED SUBSTANCES ACT.— 

21 The Controlled Substances Act (21 U.S.C. 801 et 

22 seq.) is amended— 

23 (A) in section 413(q), by striking 

24 ‘‘shall—’’ and all that follows through ‘‘3663A 

25 of title 18, United States Code.’’ and inserting 


bajohnson on PROD1PC69 with BILLS
157 

•S 1860 IS

1 ‘‘order the defendant to reimburse the United 

2 States, the State or local government con3 cerned, or both the United States and the State 

4 or local government concerned for the costs in5 curred by the United States or the State or 

6 local government concerned, as the case may be, 

7 for the cleanup associated with the manufacture 

8 of amphetamine or methamphetamine by the 

9 defendant, or on premises or in property that 

10 the defendant owns, resides, or does business 

11 in.’’; and 

12 (B) in section 416, by striking subsection 

13 (c). 

14 (b) ELIMINATION OF PROCEDURAL MATTERS MOVED

15 TO RESTITUTION SECTIONS.—Section 3612(b)(1) of title 

16 18, United States Code, is amended— 

17 (1) by striking subparagraphs (F) and (G); 

18 (2) by inserting ‘‘and’’ at the end of subpara19 graph (D); and 

20 (3) by striking the semicolon at the end of sub21 paragraph (E) and inserting a period. 

22 (c) CROSS REFERENCE CORRECTIONS.— 

23 (1) Section 3563(a)(6)(A) of title 18, United 

24 States Code, is amended by striking ‘‘2248, 2259, 


bajohnson on PROD1PC69 with BILLS
158 

•S 1860 IS

1 2327, 3663, 3663A, and 3664’’ and inserting ‘‘3663 

2 and 3664’’. 

3 (2) Section 3613(c) of title 18, United States 

4 Code, is amended by striking ‘‘2248’’ and all that 

5 follows through ‘‘3664’’ and inserting ‘‘3663 and 

6 3664’’. 

7 SEC. 505. SPECIAL FORFEITURE OF COLLATERAL PROFITS 

8 FROM CRIME. 

9 Subsection (a) of section 3681 of title 18, United 

10 States Code, is amended by striking ‘‘ the interest of jus11 tice or an order of restitution’’ and all that follows through 

12 the end of the subsection and inserting ‘‘the compelling 

13 interest of preventing wrongdoers from profiting from 

14 their crimes or of providing restitution to the victims of 

15 those crimes so requires, order the offender (or any trans16 feree of that defendant) to forfeit any profits made pos17 sible by the offense.’’. 

18 SEC. 506. AMENDMENTS TO THE MANDATORY VICTIMS RES19 TITUTION ACT. 

20 (a) IN GENERAL.—Chapter 232 of title 18, United 

21 States Code, is amended by inserting after section 3664 

22 the following: 

23 ‘‘§ 3664A. Preservation of assets for restitution 

24 ‘‘(a) PROTECTIVE ORDERS TO PRESERVE ASSETS.— 


bajohnson on PROD1PC69 with BILLS
159 

•S 1860 IS

1 ‘‘(1) IN GENERAL.—Upon the Government’s ex 

2 parte application and a finding of probable cause 

3 that a defendant, if convicted, will be ordered to pay 

4 an approximate amount of restitution for an offense 

5 punishable by imprisonment for more than 1 year, 

6 the court— 

7 ‘‘(A) shall— 

8 ‘‘(i) enter a restraining order or in9 junction; 

10 ‘‘(ii) require the execution of a satis11 factory performance bond; or 

12 ‘‘(iii) take any other action necessary 

13 to preserve the availability of any property 

14 traceable to the commission of the offense 

15 charged; and 

16 ‘‘(B) if it determines that it is in the inter17 ests of justice to do so, shall issue any order 

18 necessary to preserve any nonexempt asset (as 

19 defined in section 3613) of the defendant that 

20 may be used to satisfy such restitution order. 

21 ‘‘(2) EFFECT OF PROBABLE CAUSE FINDING.— 

22 Any probable cause finding by the court under para23 graph (1) shall not limit the amount of restitution 

24 the court may impose at the time of sentencing. 


bajohnson on PROD1PC69 with BILLS
160 

•S 1860 IS

1 ‘‘(3) PROCEDURES.—Applications and orders 

2 issued under paragraph (1) shall be governed by the 

3 procedures under section 413(e) of the Controlled 

4 Substances Act (21 U.S.C. 853(e)) and in this sec5 tion. 

6 ‘‘(4) MONETARY INSTRUMENTS.—If the prop7 erty in question is a monetary instrument (as de8 fined in section 1956(c)(5)) or funds in electronic 

9 form, the protective order issued under paragraph 

10 (1) may take the form of a warrant authorizing the 

11 Government to seize the property and to deposit it 

12 into an interest-bearing account in the Registry of 

13 the Court in the district in which the warrant was 

14 issued, or into another such account maintained by 

15 a substitute property custodian, as the court may di16 rect. 

17 ‘‘(5) POST-INDICTMENT.—A post-indictment 

18 protective order entered under paragraph (1) shall 

19 remain in effect through the conclusion of the crimi20 nal case, including sentencing and any post-sen21 tencing proceedings, until seizure or other disposi22 tion of the subject property, unless modified by the 

23 court upon a motion by the Government or under 

24 subsection (b) or (c). 

25 ‘‘(b) DEFENDANT’S RIGHT TO A HEARING.— 


bajohnson on PROD1PC69 with BILLS
161 

•S 1860 IS

1 ‘‘(1) IN GENERAL.—In the case of a 

2 preindictment protective order entered under sub3 section (a)(1), the defendant’s right to a post-re4 straint hearing shall be governed by paragraphs 

5 (1)(B) and (2) of section 413(e) of the Controlled 

6 Substances Act (21 U.S.C. 853(e)). 

7 ‘‘(2) POST-INDICTMENT.—In the case of a post8 indictment protective order entered under subsection 

9 (a)(1), the defendant shall have a right to a post-re10 straint hearing regarding the continuation or modi11 fication of the order if the defendant— 

12 ‘‘(A) establishes by a preponderance of the 

13 evidence that there are no assets, other than 

14 the restrained property, available to the defend15 ant to retain counsel in the criminal case or to 

16 provide for a reasonable living allowance for the 

17 necessary expenses of the defendant and the de18 fendant’s lawful dependents; and 

19 ‘‘(B) makes a prima facie showing that 

20 there is bona fide reason to believe that the 

21 court’s ex parte finding of probable cause under 

22 subsection (a)(1) was in error. 

23 ‘‘(3) HEARING.— 

24 ‘‘(A) IN GENERAL.—If the court deter25 mines that the defendant has satisfied the reVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
162 

•S 1860 IS

1 quirements of paragraph (2), it may hold a 

2 hearing to determine whether there is probable 

3 cause to believe that the defendant, if convicted, 

4 will be ordered to satisfy an order of restitution 

5 for an offense punishable by imprisonment for 

6 more than 1 year, and that the seized or re7 strained property may be needed to satisfy such 

8 restitution order. 

9 ‘‘(B) PROBABLE CAUSE.—If the court 

10 finds probable cause under subparagraph (A), 

11 the protective order shall remain in effect. 

12 ‘‘(C) NO PROBABLE CAUSE.—If the court 

13 finds under subparagraph (A) that no probable 

14 cause exists as to some or all of the property, 

15 or determines that more property has been 

16 seized and restrained than may be needed to 

17 satisfy a restitution order, it shall modify the 

18 protective order to the extent necessary to re19 lease the property that should not have been re20 strained. 

21 ‘‘(4) REBUTTAL.—If the court conducts an evi22 dentiary hearing under paragraph (3), the court 

23 shall afford the Government an opportunity to 

24 present rebuttal evidence and to cross-examine any 

25 witness that the defendant may present. 


bajohnson on PROD1PC69 with BILLS
163 

•S 1860 IS

1 ‘‘(5) PRETRIALHEARING.—In any pretrial 

2 hearing on a protective order issued under sub3 section (a)(1), the court may not entertain chal4 lenges to the grand jury’s finding of probable cause 

5 regarding the criminal offense giving rise to a poten6 tial restitution order. The court shall ensure that 

7 such hearings are not used to obtain disclosure of 

8 evidence or the identities of witnesses earlier than 

9 required by the Federal Rules of Criminal Procedure 

10 or other applicable law. 

11 ‘‘(c) THIRD PARTY’S RIGHT TO POST-RESTRAINT

12 HEARING.— 

13 ‘‘(1) IN GENERAL.—A person other than the 

14 defendant who has a legal interest in property af15 fected by a protective order issued under subsection 

16 (a)(1) may move to modify the order on the grounds 

17 that— 

18 ‘‘(A) the order causes an immediate and ir19 reparable hardship to the moving party; and 

20 ‘‘(B) less intrusive means exist to preserve 

21 the property for the purpose of restitution. 

22 ‘‘(2) MODIFICATION.—If, after considering any 

23 rebuttal evidence offered by the Government, the 

24 court determines that the moving party has made 

25 the showings required under paragraph (1), the 


bajohnson on PROD1PC69 with BILLS
164 

•S 1860 IS

1 court shall modify the order to mitigate the hard2 ship, to the extent that it is possible to do so while 

3 preserving the asset for restitution. 

4 ‘‘(3) INTERVENTION.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B) or paragraph (1), a person 

7 other than a defendant has no right to inter8 vene in the criminal case to object to the entry 

9 of any order issued under this section or other10 wise to object to an order directing a defendant 

11 to pay restitution. 

12 ‘‘(B) EXCEPTION.—If, at the conclusion of 

13 the criminal case, the court orders the defend14 ant to use particular assets to satisfy an order 

15 of restitution (including assets that have been 

16 seized or restrained pursuant to this section) 

17 the court shall give persons other than the de18 fendant the opportunity to object to the order 

19 on the ground that the property belonged in 

20 whole or in part to the third party and not to 

21 the defendant, as provided in section 413(n) of 

22 the Controlled Substances Act (21 U.S.C. 

23 853(n)). 

24 ‘‘(d) GEOGRAPHIC SCOPE OF ORDER.— 


bajohnson on PROD1PC69 with BILLS
165 

•S 1860 IS

1 ‘‘(1) IN GENERAL.—A district court of the 

2 United States shall have jurisdiction to enter an 

3 order under this section without regard to the loca4 tion of the property subject to the order. 

5 ‘‘(2) OUTSIDE THE UNITED STATES.—If the 

6 property subject to an order issued under this sec7 tion is located outside of the United States, the 

8 order may be transmitted to the central authority of 

9 any foreign state for service in accordance with any 

10 treaty or other international agreement. 

11 ‘‘(e) NO EFFECT ON OTHER GOVERNMENT AC12 TION.—Nothing in this section shall be construed to pre13 clude the Government from seeking the seizure, restraint, 

14 or forfeiture of assets under the asset forfeiture laws of 

15 the United States. 

16 ‘‘(f) LIMITATION ON RIGHTS CONFERRED.—Nothing 

17 in this section shall be construed to create any enforceable 

18 right to have the Government seek the seizure or restraint 

19 of property for restitution. 

20 ‘‘(g) RECEIVERS.— 

21 ‘‘(1) IN GENERAL.—A court issuing an order 

22 under this section may appoint a receiver under sec23 tion 1956(b)(4) to collect, marshal, and take cus24 tody, control, and possession of all assets of the deVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
166 

•S 1860 IS

1 fendant, wherever located, that have been restrained 

2 in accordance with this section. 

3 ‘‘(2) DISTRIBUTION OF PROPERTY.—The re4 ceiver shall have the power to distribute property in 

5 its control to each victim identified in an order of 

6 restitution at such time, and in such manner, as the 

7 court may authorize.’’. 

8 (b) CONFORMING AMENDMENT.—The table of sec9 tions at the beginning chapter 232 of title 18, United 

10 States Code, is amended by inserting after the item relat11 ing to section 3664 the following: 

‘‘Sec. 3664A. Preservation of assets for restitution.’’. 

12 SEC. 507. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION 

13 STATUTE. 

14 Section 1345(a) of title 18, United States Code, is 

15 amended— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (B), by striking ‘‘or’’ 

18 at the end; and 

19 (B) by inserting after subparagraph (C) 

20 the following: 

21 ‘‘(D) committing or about to commit a 

22 Federal offense that may result in an order of 

23 restitution;’’; and 

24 (2) in paragraph (2)— 


bajohnson on PROD1PC69 with BILLS
167 

•S 1860 IS

1 (A) by striking ‘‘a banking violation’’ and 

2 all that follows through ‘‘healthcare offense’’ 

3 and inserting ‘‘a violation or offense identified 

4 in paragraph (1)’’; and 

5 (B) by inserting ‘‘or offense’’ after ‘‘trace6 able to such violation’’. 

7 SEC. 508. AMENDMENTS TO THE FEDERAL DEBT COLLEC8 TION PROCEDURES ACT. 

9 (a) PROCESS.—Section 3004(b)(2) of title 28, United 

10 States Code, is amended by inserting after ‘‘in which the 

11 debtor resides.’’ the following: ‘‘In a criminal case, the dis12 trict court for the district in which the defendant was sen13 tenced may deny the request.’’. 

14 (b) PREJUDGMENT REMEDIES.—Section 3101 of 

15 title 28, United States Code, is amended— 

16 (1) in subsection (a)(1) by inserting after ‘‘the 

17 filing of a civil action on a claim for a debt’’ the fol18 lowing: ‘‘or in any criminal action where the court 

19 may enter an order of restitution’’; and 

20 (2) in subsection (d)— 

21 (A) by inserting after ‘‘The Government 

22 wants to make sure [name of debtor] will pay 

23 if the court determines that this money is 

24 owed.’’ the following: 


bajohnson on PROD1PC69 with BILLS
168 

•S 1860 IS

1 ‘‘ ‘In a criminal action, use the following opening 

2 paragraph: You are hereby notified that this [property] 

3 is being taken by the United States Government [the Gov4 ernment], which says that [name of debtor], if convicted, 

5 may owe as restitution $ [amount]. The Government says 

6 it must take this property at this time because [recite the 

7 pertinent ground or grounds from section 3101(b)]. The 

8 Government wants to make sure [name of debtor] will pay 

9 if the court determines that restitution is owed.’’; 

10 (B) by inserting after ‘‘a statement that 

11 different property may be so exempted with re12 spect to the State in which the debtor resides.]’’ 

13 the following: 

14 ‘‘ ‘[In a criminal action, the statement summarizing 

15 the types of property that may be exempt shall list only 

16 those types of property that may be exempt under section 

17 3613 of title 18.]’’; and 

18 (C) by inserting after ‘‘You must also send 

19 a copy of your request to the Government at 

20 [address], so the Government will know you 

21 want the proceeding to be transferred.’’ the fol22 lowing: 

23 ‘‘ ‘If this Notice is issued in conjunction with a crimi24 nal case, the district court where the criminal action is 


bajohnson on PROD1PC69 with BILLS
169 

•S 1860 IS

1 pending may deny your request for a transfer of this pro2 ceeding.’’. 

3 (c) ENFORCEMENT.—Section 3202(b) of title 28, 

4 United States Code, is amended— 

5 (1) by inserting after ‘‘a statement that dif6 ferent property may be so exempted with respect to 

7 the State in which the debtor resides.]’’ the fol8 lowing: 

9 ‘‘ ‘[In a criminal action, the statement summarizing 

10 the types of property that may be exempt shall list only 

11 those types of property that may be exempt under section 

12 3613 of title 18.]’’; and 

13 (2) by inserting after ‘‘you want the proceeding 

14 to be transferred.’’ the following: 

15 ‘‘ ‘If this notice is issued in conjunction with a crimi16 nal case, the district court where the criminal action is 

17 pending may deny your request for a transfer of this pro18 ceeding.’’. 

19 SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to the Attor21 ney General for enhancing the enforcement and litigation 

22 of criminal debts owed to victims of Federal criminal of23 fenses $20 million for each of the fiscal years 2008 

24 through 2012. 


bajohnson on PROD1PC69 with BILLS
170 

•S 1860 IS

1 TITLE VI—COUNTERTERRORISM 

2 AND NATIONAL SECURITY 

3 SEC. 601. PROVIDING MATERIAL SUPPORT TO FACILITATE, 

4 REWARD, OR ENCOURAGE ACTS OF TER5 RORISM. 

6 (a) IN GENERAL.—Chapter 113B of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 2339E. Providing material support to facilitate, re10 ward, or encourage acts of terrorism 

11 ‘‘(a) PROHIBITION.—Whoever, in a circumstance pro12 vided in subsection (b) provides, or attempts or conspires 

13 or agrees to provide, material support or resources to the 

14 perpetrator of an act of international terrorism, to a fam15 ily member of such perpetrator, or to any other person, 

16 with the intent to facilitate, reward, or encourage that act 

17 or other acts of international terrorism, shall be fined 

18 under this title or imprisoned not more than 15 years, or 

19 both, and, if death results, shall be imprisoned for any 

20 term of years or for life. 

21 ‘‘(b) JURISDICTIONAL BASES.—A circumstance re22 ferred to in subsection (a) is— 

23 ‘‘(1) the offense occurs in or affects interstate 

24 or foreign commerce; 


bajohnson on PROD1PC69 with BILLS
171 

•S 1860 IS

1 ‘‘(2) the offense involves the use of the mails or 

2 a facility of interstate or foreign commerce; 

3 ‘‘(3) an offender intends to facilitate, reward, or 

4 encourage an act of international terrorism that af5 fects interstate or foreign commerce or would have 

6 affected interstate or foreign commerce had it been 

7 consummated; 

8 ‘‘(4) an offender intends to facilitate, reward, or 

9 encourage an act of international terrorism that vio10 lates the criminal laws of the United States; 

11 ‘‘(5) an offender intends to facilitate, reward, or 

12 encourage an act of international terrorism that is 

13 designed to influence the policy or affect the conduct 

14 of the United States Government; 

15 ‘‘(6) an offender intends to facilitate, reward, or 

16 encourage an act of international terrorism that oc17 curs in part within the United States and is de18 signed to influence the policy or affect the conduct 

19 of a foreign government; 

20 ‘‘(7) an offender intends to facilitate, reward, or 

21 encourage an act of international terrorism that 

22 causes or is designed to cause death or serious bod23 ily injury to a national of the United States while 

24 that national is outside the United States, or sub25 stantial damage to the property of a legal entity orVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
172 

•S 1860 IS

1 ganized under the laws of the United States (includ2 ing any of its States, districts, commonwealths, ter3 ritories, or possessions) while that property is out4 side of the United States; 

5 ‘‘(8) the offense occurs in whole or in part with6 in the United States, and an offender intends to fa7 cilitate, reward, or encourage an act of international 

8 terrorism that is designed to influence the policy or 

9 affect the conduct of a foreign government; or 

10 ‘‘(9) the offense occurs in whole or in part out11 side of the United States, and an offender is a na12 tional of the United States, a stateless person whose 

13 habitual residence is in the United States, or a legal 

14 entity organized under the laws of the United States 

15 (including any of its States, districts, common16 wealths, territories, or possessions). 

17 ‘‘(c) DEFINITIONS.—For purposes of this section: 

18 ‘‘(1) the term ‘material support or resources’ 

19 has the same meaning as in section 2339A(b) of this 

20 title; 

21 ‘‘(2) the term ‘the perpetrator of an act’ in22 cludes— 

23 ‘‘(A) any person who commits the act; 


bajohnson on PROD1PC69 with BILLS
173 

•S 1860 IS

1 ‘‘(B) any person who aids, abets, counsels, 

2 commands, induces, or procures its commission; 

3 and 

4 ‘‘(C) any person who attempts, plans, or 

5 conspires to commit the act; 

6 ‘‘(3) the term ‘international terrorism’ has the 

7 same meaning as in section 2331 of this title; 

8 ‘‘(4) the term ‘facility of interstate or foreign 

9 commerce’ has the same meaning as in section 

10 1958(b)(2) of this title; 

11 ‘‘(5) the term ‘serious bodily injury’ has the 

12 same meaning as in section 1365 of this title; and 

13 ‘‘(6) the term ‘national of the United States’ 

14 has the same meaning as in section 101(a)(22) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1101(a)(22)).’’. 

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

18 chapter 113B of title 18, United States Code, is amended 

19 by adding at the end the following: 

‘‘2339D. Receiving military-type training from a foreign terrorist organization. 

‘‘2339E. Providing material support to facilitate, reward, or encourage acts of 

terrorism.’’. 

20 (c) DEFINITIONS.—Section 2332b(g)(5)(B)(i) of title 

21 18, United States Code is amended by striking all fol22 lowing ‘‘2339C’’ and inserting the following: ‘‘(relating to 

23 financing of terrorism), 2339E (relating to providing maVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
174 

•S 1860 IS

1 terial support to facilitate, reward, or encourage acts of 

2 terrorism), or 2340A (relating to torture) of this title;’’. 

3 SEC. 602. PROHIBITING ATTEMPTS AND CONSPIRACIES TO 

4 OBTAIN MILITARY-TYPE TRAINING FROM A 

5 FOREIGN TERRORIST ORGANIZATION. 

6 Section 2339D(a) of title 18, United States Code, is 

7 amended by inserting ‘‘, or attempts or conspires to do 

8 so,’’ after ‘‘foreign terrorist organization’’. 

9 SEC. 603. KIDNAPPING AND RAPE OVERSEAS. 

10 Section 2332 of title 18, United States Code, is 

11 amended by— 

12 (1) redesignating the subsections (c) and (d) as 

13 subsections (d) and (e), respectively; 

14 (2) inserting the following new subsection (c): 

15 ‘‘(c) KIDNAPPING.—Whoever outside the United 

16 States unlawfully seizes, confines, inveigles, decoys, kid17 naps, abducts, or carries away, or attempts or conspires 

18 to seize, confine, inveigle, decoy, kidnap, abduct, or carry 

19 away, a national of the United States, shall be fined under 

20 this title, punished by imprisonment for any term of years 

21 or for life, or both, and if the death of any person results, 

22 shall be fined under this title, punished by death or impris23 onment for any term of years or for life, or both.’’; and 

24 (3) in subsection (d) (as redesignated), by— 


bajohnson on PROD1PC69 with BILLS
175 

•S 1860 IS

1 (A) inserting ‘‘(as defined in section 1365 

2 of this title, including any conduct that, if the 

3 conduct occurred in the special maritime and 

4 territorial jurisdiction of the United States, 

5 would violate section 2241 or 2242 of this 

6 title)’’ after ‘‘injury’’ in paragraphs (1) and (2); 

7 and 

8 (B) striking ‘‘ten’’ and inserting ‘‘25’’. 

9 SEC. 604. HOSTAGE TAKING. 

10 Section 1203 of title 18, United States Code, is 

11 amended to read as follows: 

12 ‘‘§ 1203. Hostage taking 

13 ‘‘(a) Whoever, whether inside or outside the United 

14 States, seizes or detains and threatens to kill, to injure, 

15 or to continue to detain without lawful authority— 

16 ‘‘(1) any officer or employee of the United 

17 States or of any agency in any branch of the United 

18 States Government (including any member of the 

19 uniformed services) while such officer or employee is 

20 engaged in or on account of the performance of offi21 cial duties, or any person assisting such an officer 

22 or employee in the performance of such duties or on 

23 account of that assistance, or whoever attempts or 

24 conspires to do so; or 


bajohnson on PROD1PC69 with BILLS
176 

•S 1860 IS

1 ‘‘(2) except as provided in subsection (b) of this 

2 section, another person in order to compel a third 

3 person or a governmental organization to do or ab4 stain from doing any act as an explicit or implicit 

5 condition for the release of the person detained, or 

6 whoever attempts or conspires to do so, 

7 shall be punished by imprisonment for any term of years 

8 or for life and, if the death of any person results, shall 

9 be punished by death or life imprisonment. 

10 ‘‘(b)(1) It is not an offense under subsection (a)(2) 

11 if the conduct required for the offense occurred outside 

12 the United States unless— 

13 ‘‘(A) the offender or the person seized or de14 tained is a national of the United States; 

15 ‘‘(B) the offender is found in the United States; 

16 or 

17 ‘‘(C) the governmental organization sought to 

18 be compelled is the Government of the United 

19 States. 

20 ‘‘(2) It is not an offense under subsection (a)(2) if 

21 the conduct required for the offense occurred inside the 

22 United States, each alleged offender and each person 

23 seized or detained are nationals of the United States, and 

24 each alleged offender is found in the United States, unless 


bajohnson on PROD1PC69 with BILLS
177 

•S 1860 IS

1 the governmental organization sought to be compelled is 

2 the Government of the United States. 

3 ‘‘(c) As used in this section, the term ‘national of the 

4 United States’ has the meaning given such term in section 

5 101(a)(22) of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(22)).’’. 

7 SEC. 605. INTERFERENCE WITH FLIGHT CREW OR THREAT 

8 TO SAFETY OF AIRCRAFT. 

9 Section 46504 of title 49, United States Code, is 

10 amended by— 

11 (1) amending the heading for such section to 

12 read as follows: ‘‘Interference with flight crew or 

13 threat to safety of aircraft.’’; and 

14 (2) designating the existing language as sub15 section (a), and adding at the end the following: 

16 ‘‘(b) An individual on an aircraft in the special air17 craft jurisdiction of the United States who knowingly or 

18 recklessly takes any action that poses a serious threat to 

19 the safety of the aircraft or other individuals on the air20 craft, shall be fined under title 18, imprisoned for not 

21 more than 10 years, or both.’’. 

22 SEC. 606. INCREASED PENALTIES FOR PROVIDING MATE23 RIAL SUPPORT TO TERRORISTS. 

24 Section 2339D of title 18, United States Code, is 

25 amended by striking ‘‘or imprisoned for ten years, or 


bajohnson on PROD1PC69 with BILLS
178 

•S 1860 IS

1 both.’’ and inserting ‘‘and imprisoned for not less than 

2 3 years and not more than 15 years.’’. 

3 SEC. 607. DENIAL OF FEDERAL BENEFITS TO CONVICTED 

4 TERRORISTS. 

5 (a) IN GENERAL.—Chapter 113B of title 18, United 

6 States Code, as amended by this title, is amended by add7 ing at the end the following: 

8 ‘‘SEC. 2339F. DENIAL OF FEDERAL BENEFITS TO TERROR9 ISTS. 

10 ‘‘(a) IN GENERAL.—Any individual who is convicted 

11 of a Federal crime of terrorism (as defined in section 

12 2332b(g)) shall, as provided by the court on motion of 

13 the Government, be ineligible for any or all Federal bene14 fits for any term of years or for life. 

15 ‘‘(b) FEDERAL BENEFIT DEFINED.—In this section, 

16 ‘Federal benefit’ has the meaning given that term in sec17 tion 421(d) of the Controlled Substances Act (21 U.S.C. 

18 862(d)).’’. 

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions for chapter 113B of title 18, United States Code, 

21 is amended by adding at the end the following: 

‘‘Sec. 2339F. Denial of Federal benefits to terrorists.’’. 

22 SEC. 608. IMPROVE INVESTIGATION OF TERRORIST 

23 CRIMES. 

24 (a) MULTIDISTRICT SEARCH WARRANTS IN TER25 RORISM INVESTIGATIONS.—Rule 41(b)(3) of the Federal 


bajohnson on PROD1PC69 with BILLS
179 

•S 1860 IS

1 Rules of Criminal Procedure is amended to read as fol2 lows: 

3 ‘‘(3) a magistrate judge—in an investigation 

4 of— 

5 ‘‘(A) international terrorism or domestic 

6 terrorism (as those terms are defined in section 

7 2331 of title 18, United States Code), or a Fed8 eral crime of terrorism (as defined in section 

9 2332b(g)(5) of title 18, United States Code); or 

10 ‘‘(B) an offense under section 1001 or 

11 1505 of title 18, United States Code, relating 

12 to information or purported information con13 cerning a Federal crime of terrorism (as de14 fined in section 2332b(g)(5) of title 18, United 

15 States Code), having authority in any district in 

16 which activities related to the Federal crime of 

17 terrorism or offense may have occurred, may 

18 issue a warrant for a person or property within 

19 or outside that district.’’. 

20 (b) INCREASED PENALTIES FOR OBSTRUCTION OF

21 JUSTICE IN TERRORISM CASES.—Sections 1001(a) and 

22 1505 of title 18, United States Code, are amended by 

23 striking ‘‘8 years’’ and inserting ‘‘10 years’’. 


bajohnson on PROD1PC69 with BILLS
180 

•S 1860 IS

1 SEC. 609. SOLICITATION TO COMMIT A CRIME OF VIOLENCE 

2 OR TERRORISM. 

3 Section 373 of title 18, United States Code, is 

4 amended— 

5 (1) in subsection (a), by— 

6 (A) inserting ‘‘or a Federal crime of ter7 rorism as defined in section 2332b(g)(5),’’ after 

8 ‘‘in violation of the laws of the United States,’’; 

9 and 

10 (B) inserting ‘‘or persons’’ after ‘‘another 

11 person’’; 

12 (2) in subsection (c), by— 

13 (A) inserting ‘‘or persons’’ after ‘‘the per14 son’’; 

15 (B) striking ‘‘he’’ and inserting ‘‘they’’ in 

16 the phrase ‘‘because he lacked’’; 

17 (C) striking ‘‘he was’’ and inserting ‘‘they 

18 were’’ in the phrase ‘‘because he was incom19 petent’’; 

20 (D) striking ‘‘he is’’ and inserting ‘‘they 

21 are’’ in the phrase ‘‘because he is immune’’; 

22 and 

23 (E) striking ‘‘is’’ from ‘‘is not subject to 

24 prosecution’’; and 


bajohnson on PROD1PC69 with BILLS
181 

•S 1860 IS

1 (3) in the title by inserting the words ‘‘OR

2 TERRORISM’’ after ‘‘SOLICITATION TO COMMIT

3 A CRIME OF VIOLENCE’’. 

4 SEC. 610. TERRORIST OFFENSE RESULTING IN DEATH. 

5 (a) NEW OFFENSE.—Chapter 113B of title 18, 

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

7 following: 

8 ‘‘§ 2339E. Terrorist offenses resulting in death 

9 ‘‘(a) Whoever, in the course of committing a terrorist 

10 offense, engages in conduct that results in the death of 

11 a person, shall be punished by death or imprisoned for 

12 any term of years or for life. 

13 ‘‘(b) As used in this section, the term ‘terrorist of14 fense’ means— 

15 ‘‘(1) a felony offense that is— 

16 ‘‘(A) a Federal crime of terrorism as de17 fined in section 2332b(g), other than an offense 

18 under section 1363; or 

19 ‘‘(B) an offense under this chapter, section 

20 175, 175b, 229, or 831, or section 236 of the 

21 Atomic Energy Act of 1954; or 

22 ‘‘(2) a Federal offense that is an attempt or 

23 conspiracy to commit an offense described in para24 graph (1).’’. 


bajohnson on PROD1PC69 with BILLS
182 

•S 1860 IS

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 113B of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing new item: 

‘‘2339E. Terrorist offenses resulting in death.’’. 

5 SEC. 611. DEATH PENALTY FOR CERTAIN TERROR RE6 LATED CRIMES. 

7 (a) PARTICIPATION IN NUCLEAR AND WEAPONS OF

8 MASS DESTRUCTION THREATS TO THE UNITED

9 STATES.—Section 832(c) of title 18, United States Code, 

10 is amended by inserting ‘‘punished by death if death re11 sults to any person from the offense, or’’ after ‘‘shall be’’. 

12 (b) MISSILE SYSTEMS TO DESTROY AIRCRAFT.— 

13 Section 2332g(c)(3) of title 18, United States Code, is 

14 amended by inserting ‘‘punished by death or’’ after ‘‘shall 

15 be’’. 

16 (c) ATOMIC WEAPONS.—The last sentence of section 

17 222 b. of the Atomic Energy Act of 1954 (42 U.S.C. 

18 2272) is amended by inserting ‘‘death or’’ before ‘‘impris19 onment for life’’ the last place it appears. 

20 (d) RADIOLOGICAL DISPERSAL DEVICES.—Section 

21 2332h(c)(3) of title 18, United States Code, is amended 

22 by inserting ‘‘death or’’ before ‘‘imprisonment for life’’. 

23 (e) VARIOLA VIRUS.—Section 175c(c)(3) of title 18, 

24 United States Code, is amended by inserting ‘‘death or’’ 

25 before ‘‘imprisonment for life’’. 


bajohnson on PROD1PC69 with BILLS
183 

•S 1860 IS

1 SEC. 612. INCREASE IN CERTAIN PENALTIES. 

2 (a) SECTION 2332(b)(1).—Section 2332(b)(1) of title 

3 18, United States Code, is amended by striking ‘‘20 

4 years’’ and inserting ‘‘30 years’’. 

5 (b) SECTION 2332(c).—Section 2332(c) of title 18, 

6 United States Code, is amended by striking ‘‘ten years’’ 

7 and inserting ‘‘20 years’’. 

8 (c) SECTION 2339C(d).—Section 2339C(d) of title 

9 18, United States Code, is amended— 

10 (1) in paragraph (1), by striking ‘‘20 years’’ 

11 and inserting ‘‘30 years’’; and 

12 (2) in paragraph (2), by striking ‘‘10 years’’ 

13 and inserting ‘‘20 years’’. 

14 SEC. 613. MODERNIZATION OF STATE OF MIND REQUIRE15 MENT FOR SECTION 2339C OFFENSES. 

16 Section 2339C of title 18, United States Code, is 

17 amended by striking ‘‘unlawfully and wilfully’’ and insert18 ing ‘‘knowingly’’. 

19 SEC. 614. PROVIDING MATERIAL SUPPORT TO TERRORIST 

20 GROUPS. 

21 (a) PROVIDING MATERIAL SUPPORT TO TERROR22 ISTS.—Section 2339A(a) of title 18, United States Code, 

23 is amended by striking ‘‘, imprisoned not more than 15 

24 years,’’ and all that follows through ‘‘life.’’ and inserting 

25 ‘‘and imprisoned for not less than 10 years or for life, 


bajohnson on PROD1PC69 with BILLS
184 

•S 1860 IS

1 and, if the death of any person results, shall be imprisoned 

2 for not less than 30 years or for life.’’. 

3 (b) RECEIVING MILITARY-TYPE TRAINING FROM A

4 FOREIGN TERRORIST ORGANIZATION.—Section 2339D of 

5 title 18, United States Code, is amended by striking ‘‘or 

6 imprisoned for ten years, or both.’’ and inserting ‘‘and im7 prisoned for not less than 3 years and not more than 15 

8 years.’’. 

9 SEC. 615. WIRETAP PREDICATE. 

10 Section 2516(q) of title 18, United States Code, is 

11 amended by striking ‘‘section 2332’’ and all that follows 

12 through ‘‘2339C’’ and inserting ‘‘chapter 113B’’. 

13 TITLE VII—GANG DETERRENCE 

14 AND COMMUNITY PROTECTION 

15 SEC. 701. SHORT TITLE. 

16 This title may be cited as the ‘‘Gang Deterrence and 

17 Community Protection Act of 2007’’. 


bajohnson on PROD1PC69 with BILLS
185 

•S 1860 IS

1 Subtitle A—Criminal Law Reforms 

2 and Enhanced Penalties to 

3 Deter and Punish Illegal Street 

4 Gang Activity and Related 

5 Criminal Law Reforms 

6 SEC. 711. REVISION AND EXTENSION OF PENALTIES RE7 LATED TO CRIMINAL STREET GANG ACTIV8 ITY. 

9 (a) IN GENERAL.—Chapter 26 of title 18, United 

10 States Code, is amended to read as follows: 

11 ‘‘CHAPTER 26—CRIMINAL STREET GANGS 

‘‘Sec. 

‘‘521. Criminal street gang prosecutions. 

12 ‘‘§ 521. Criminal street gang prosecutions 

13 ‘‘(a) STREET GANG CRIME.—Whoever commits, or 

14 conspires, threatens or attempts to commit, a gang crime 

15 for the purpose of furthering the activities of a criminal 

16 street gang, or gaining entrance to or maintaining or in17 creasing position in such a gang, shall, in addition to being 

18 subject to a fine under this title— 

19 ‘‘(1) if the gang crime results in the death of 

20 any person, be sentenced to death or life in prison; 

21 ‘‘(2) if the gang crime is kidnapping, aggra22 vated sexual abuse, or maiming, be imprisoned for 

23 life or any term of years not less than 30; 


bajohnson on PROD1PC69 with BILLS
186 

•S 1860 IS

1 ‘‘(3) if the gang crime is assault resulting in se2 rious bodily injury (as defined in section 1365), be 

3 imprisoned for life or any term of years not less 

4 than 20; and 

5 ‘‘(4) in any other case, be imprisoned for life or 

6 for any term of years not less than 10. 

7 ‘‘(b) FORFEITURE.— 

8 ‘‘(1) IN GENERAL.—The court, in imposing sen9 tence on any person convicted of a violation of this 

10 section, shall order, in addition to any other sen11 tence imposed and irrespective of any provision of 

12 State law, that such person shall forfeit to the 

13 United States such person’s interest in— 

14 ‘‘(A) any property used, or intended to be 

15 used, in any manner or part, to commit, or to 

16 facilitate the commission of, the violation; and 

17 ‘‘(B) any property constituting, or derived 

18 from, any proceeds the person obtained, directly 

19 or indirectly, as a result of the violation. 

20 ‘‘(2) APPLICATION OF CONTROLLED SUB21 STANCES ACT.—Subsections (b), (c), (e), (f), (g), 

22 (h), (i), (j), (k), (l), (m), (n), (o), and (p) of section 

23 413 of the Controlled Substances Act (21 U.S.C. 

24 853) shall apply to a forfeiture under this section as 

25 though it were a forfeiture under that section. 


bajohnson on PROD1PC69 with BILLS
187 

•S 1860 IS

1 ‘‘(c) DEFINITIONS.—The following definitions apply 

2 in this section: 

3 ‘‘(1) CRIMINALSTREET GANG.—The term 

4 ‘criminal street gang’ means a formal or informal 

5 group or association of 3 or more individuals, who 

6 commit 2 or more gang crimes (one of which is a 

7 crime of violence other than an offense punishable 

8 under subparagraphs (A), (B), or (C) of section 

9 401(b)(1) of the Controlled Substances Act), in 2 or 

10 more separate criminal episodes, in relation to the 

11 group or association, if any of the activities of the 

12 criminal street gang affects interstate or foreign 

13 commerce. 

14 ‘‘(2) GANG CRIME.—The term ‘gang crime’ 

15 means conduct constituting any Federal or State 

16 crime, punishable by imprisonment for more than 

17 one year, in any of the following categories: 

18 ‘‘(A) A crime of violence. 

19 ‘‘(B) A crime involving obstruction of jus20 tice, tampering with or retaliating against a 

21 witness, victim, or informant, or burglary. 

22 ‘‘(C) A crime involving the manufacturing, 

23 importing, distributing, possessing with intent 

24 to distribute, or otherwise dealing in a con25 trolled substance or listed chemical (as those 


bajohnson on PROD1PC69 with BILLS
188 

•S 1860 IS

1 terms are defined in section 102 of the Con2 trolled Substances Act (21 U.S.C. 802)). 

3 ‘‘(D) Any conduct punishable under sec4 tion 844 (relating to explosive materials), sub5 section (a)(1), (d), (g)(1) (where the underlying 

6 conviction is a violent felony (as defined in sec7 tion 924(e)(2)(B) of this title) or is a serious 

8 drug offense (as defined in section 

9 924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5), 

10 (g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u), 

11 or (x) of section 922 (relating to unlawful acts), 

12 or subsection (b), (c), (g), (h), (k), (l), (m), or 

13 (n) of section 924 (relating to penalties), sec14 tion 930 (relating to possession of firearms and 

15 dangerous weapons in Federal facilities), sec16 tion 931 (relating to purchase, ownership, or 

17 possession of body armor by violent felons), sec18 tions 1028 and 1029 (relating to fraud and re19 lated activity in connection with identification 

20 documents or access devices), section 1952 (re21 lating to interstate and foreign travel or trans22 portation in aid of racketeering enterprises), 

23 section 1956 (relating to the laundering of 

24 monetary instruments), section 1957 (relating 

25 to engaging in monetary transactions in propVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
189 

•S 1860 IS

1 erty derived from specified unlawful activity), or 

2 sections 2312 through 2315 (relating to inter3 state transportation of stolen motor vehicles or 

4 stolen property). 

5 ‘‘(E) Any conduct punishable under section 

6 274 (relating to bringing in and harboring cer7 tain aliens), section 277 (relating to aiding or 

8 assisting certain aliens to enter the United 

9 States), or section 278 (relating to importation 

10 of alien for immoral purpose) of the Immigra11 tion and Nationality Act. 

12 ‘‘(3) AGGRAVATED SEXUALABUSE.—The term 

13 ‘aggravated sexual abuse’ means an offense that, if 

14 committed in the special maritime and territorial ju15 risdiction would be an offense under section 2241(a). 

16 ‘‘(4) STATE.—The term ‘State’ means each of 

17 the several States of the United States, the District 

18 of Columbia, and any commonwealth, territory, or 

19 possession of the United States.’’. 

20 (b) AMENDMENT RELATING TO PRIORITY OF FOR21 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

22 3663(c)(4) of title 18, United States Code, is amended 

23 by striking ‘‘chapter 46 or chapter 96 of this title’’ and 

24 inserting ‘‘section 521, under chapter 46 or 96,’’. 


bajohnson on PROD1PC69 with BILLS
190 

•S 1860 IS

1 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

2 title 18, United States Code, is amended by inserting ‘‘, 

3 section 521 (relating to criminal street gang prosecu4 tions)’’ before ‘‘, section 541’’. 

5 SEC. 712. INCREASED PENALTIES FOR INTERSTATE AND 

6 FOREIGN TRAVEL OR TRANSPORTATION IN 

7 AID OF RACKETEERING. 

8 (a) SUBSTANTIVE CHANGES TO OFFENSE.—Section 

9 1952(a) of title 18, United States Code, is amended— 

10 (1) so that the heading for the section reads as 

11 follows: 

12 ‘‘§ 1952. Interstate or foreign commerce-related aid to 

13 racketeering’’; 

14 (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

15 (3) by striking ‘‘travels’’ and all that follows 

16 through ‘‘intent to’’ and inserting ‘‘, in or affecting 

17 interstate or foreign commerce’’; 

18 (4) by striking ‘‘(1) distribute’’ and inserting 

19 ‘‘(A) distributes’’; 

20 (5) by striking ‘‘(2) commit’’ and inserting 

21 ‘‘(B) commits’’; 

22 (6) by striking ‘‘(3) otherwise promote, manage, 

23 establish, carry on, or facilitate’’ and inserting ‘‘(C) 

24 otherwise promotes, manages, establishes, carries on, 

25 or facilitates’’; and 


bajohnson on PROD1PC69 with BILLS
191 

•S 1860 IS

1 (7) by striking ‘‘and thereafter’’ and all that 

2 follows through the end of the subsection and insert3 ing the following: 

4 ‘‘or attempts or conspires to do so, shall be punished as 

5 provided in paragraph (2). 

6 ‘‘(2) The punishment for an offense under this sub7 section is— 

8 ‘‘(A) in the case of a violation of subparagraph 

9 (A) or (C) of paragraph (1), a fine under this title 

10 and imprisonment for not less than 5 nor more than 

11 20 years; and 

12 ‘‘(B) in the case of a violation of subparagraph 

13 (B) of paragraph (1), a fine under this title and im14 prisonment for not less than 10 nor more than 30 

15 years, but if death results the offender shall be sen16 tenced to death, or to imprisonment for any term of 

17 years or for life.’’. 

18 (b) CLERICAL AMENDMENT.—The item relating to 

19 section 1952 in the table of sections at the beginning of 

20 chapter 95 of title 18, United States Code, is amended 

21 to read as follows: 

‘‘1952. Interstate or foreign commerce-related aid to racketeering.’’. 

22 SEC. 713. AMENDMENTS RELATING TO VIOLENT CRIME. 

23 (a) CARJACKING.—Section 2119 of title 18, United 

24 States Code, is amended— 


bajohnson on PROD1PC69 with BILLS
192 

•S 1860 IS

1 (1) by striking ‘‘, with the intent to cause death 

2 or serious bodily harm’’ in the matter preceding 

3 paragraph (1); 

4 (2) by inserting ‘‘or conspires’’ after ‘‘at5 tempts’’ in the matter preceding paragraph (1); 

6 (3) by striking ‘‘15’’ and inserting ‘‘20’’ in 

7 paragraph (1); and 

8 (4) by striking ‘‘or imprisoned not more than 

9 25 years, or both’’ and inserting ‘‘and imprisoned 

10 not less than 10 years nor more than 30 years’’ in 

11 paragraph (2). 

12 (b) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

13 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO14 LENCE.—Section 924(h) of title 18, United States Code, 

15 is amended to read as follows: 

16 ‘‘(h) Whoever, in or affecting interstate or foreign 

17 commerce, knowingly transfers a firearm, knowing or in18 tending that the firearm will be used to commit, or pos19 sessed in furtherance of, a crime of violence or drug traf20 ficking crime, shall be fined under this title and impris21 oned not less than 5 years nor more than 20 years.’’. 

22 (c) AMENDMENT OF SPECIAL SENTENCING PROVI23 SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA24 TION.—Section 3582(d) of title 18, United States Code, 

25 is amended— 


bajohnson on PROD1PC69 with BILLS
193 

•S 1860 IS

1 (1) by inserting ‘‘section 521 (criminal street 

2 gang prosecutions), in’’ after ‘‘felony set forth in’’; 

3 (2) by striking ‘‘specified person, other than his 

4 attorney, upon’’ and inserting ‘‘specified person 

5 upon’’; and 

6 (3) by inserting ‘‘a criminal street gang or’’ be7 fore ‘‘an illegal enterprise’’. 

8 (d) CONSPIRACY PENALTY.—Section 371 of title 18, 

9 United States Code, is amended by striking ‘‘five’’ and 

10 inserting ‘‘20’’. 

11 SEC. 714. INCREASED PENALTIES FOR USE OF INTERSTATE 

12 COMMERCE FACILITIES IN THE COMMISSION 

13 OF MURDER-FOR-HIRE AND OTHER FELONY 

14 CRIMES OF VIOLENCE. 

15 (a) IN GENERAL.—Section 1958 of title 18, United 

16 States Code, is amended— 

17 (1) by striking the section heading and insert18 ing the following: 

19 ‘‘§ 1958. Use of interstate commerce facilities in the 

20 commission of murder-for-hire and other 

21 felony crimes of violence’’; 

22 (2) in subsection (a), by inserting ‘‘or other 

23 crime of violence, punishable by imprisonment for 

24 more than one year,’’ after ‘‘intent that a murder’’; 

25 and 


bajohnson on PROD1PC69 with BILLS
194 

•S 1860 IS

1 (3) in subsection (a), by striking ‘‘shall be 

2 fined’’ the first place it appears and all that follows 

3 through the end of such subsection and inserting the 

4 following: 

5 ‘‘shall, in addition to being subject to a fine under this 

6 title 

7 ‘‘(1) if the crime of violence or conspiracy re8 sults in the death of any person, be sentenced to 

9 death or life in prison; 

10 ‘‘(2) if the crime of violence is kidnapping, ag11 gravated sexual abuse (as defined in section 521), or 

12 maiming, or a conspiracy to commit such a crime of 

13 violence, be imprisoned for life or any term of years 

14 not less than 30; 

15 ‘‘(3) if the crime of violence is an assault, or a 

16 conspiracy to assault, that results in serious bodily 

17 injury (as defined in section 1365), be imprisoned 

18 for life or any term of years not less than 20; and 

19 ‘‘(4) in any other case, be imprisoned for life or 

20 for any term of years not less than 10.’’. 

21 (b) CLERICAL AMENDMENT.—The item relating to 

22 section 1958 in the table of sections at the beginning of 

23 chapter 95 of title 18, United States Code, is amended 

24 to read as follows: 

‘‘1958. Use of interstate commerce facilities in the commission of murder-forhire and other felony crimes of violence.’’. 


bajohnson on PROD1PC69 with BILLS
195 

•S 1860 IS

1 SEC. 715. INCREASED PENALTIES FOR VIOLENT CRIMES IN 

2 AID OF RACKETEERING ACTIVITY. 

3 (a) OFFENSE.—Section 1959(a) of title 18, United 

4 States Code, is amended to read as follows: 

5 ‘‘(a) Whoever commits, or conspires, threatens, or at6 tempts to commit, a crime of violence for the purpose of 

7 furthering the activities of an enterprise engaged in rack8 eteering activity, or for the purpose of gaining entrance 

9 to or maintaining or increasing position in, such an enter10 prise, shall, unless the death penalty is otherwise imposed, 

11 in addition and consecutive to the punishment provided 

12 for any other violation of this chapter and in addition to 

13 being subject to a fine under this title— 

14 ‘‘(1) if the crime of violence results in the death 

15 of any person, be sentenced to death or life in pris16 on; 

17 ‘‘(2) if the crime of violence is kidnapping, ag18 gravated sexual abuse (as defined in section 521), or 

19 maiming, be imprisoned for life or any term of years 

20 not less than 30; 

21 ‘‘(3) if the crime of violence is assault resulting 

22 in serious bodily injury (as defined in section 1365), 

23 be imprisoned for life or for any term of years not 

24 less than 20; and 

25 ‘‘(4) in any other case, be imprisoned for life or 

26 for any term of years not less than 10.’’. 


bajohnson on PROD1PC69 with BILLS
196 

•S 1860 IS

1 (b) VENUE.—Section 1959 of title 18, United States 

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

3 ‘‘(c) A prosecution for a violation of this section may 

4 be brought in— 

5 ‘‘(1) the judicial district in which the crime of 

6 violence occurred; or 

7 ‘‘(2) any judicial district in which racketeering 

8 activity of the enterprise occurred.’’. 

9 SEC. 716. MURDER AND OTHER VIOLENT CRIMES COM10 MITTED DURING AND IN RELATION TO A 

11 DRUG TRAFFICKING CRIME. 

12 (a) IN GENERAL.—Part D of the Controlled Sub13 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

14 at the end the following: 

15 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

16 DURING AND IN RELATION TO A DRUG TRAFFICKING

17 CRIME

18 ‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, or 

19 conspires, or attempts to commit, a crime of violence dur20 ing and in relation to a drug trafficking crime, shall, un21 less the death penalty is otherwise imposed, in addition 

22 and consecutive to the punishment provided for the drug 

23 trafficking crime and in addition to being subject to a fine 

24 under this title— 


bajohnson on PROD1PC69 with BILLS
197 

•S 1860 IS

1 ‘‘(1) if the crime of violence results in the death 

2 of any person, be sentenced to death or life in pris3 on; 

4 ‘‘(2) if the crime of violence is kidnapping, ag5 gravated sexual abuse (as defined in section 521), or 

6 maiming, be imprisoned for life or any term of years 

7 not less than 30; 

8 ‘‘(3) if the crime of violence is assault resulting 

9 in serious bodily injury (as defined in section 1365), 

10 be imprisoned for life or any term of years not less 

11 than 20; and 

12 ‘‘(4) in any other case, be imprisoned for life or 

13 for any term of years not less than 10. 

14 ‘‘(b) VENUE.—A prosecution for a violation of this 

15 section may be brought in— 

16 ‘‘(1) the judicial district in which the murder or 

17 other crime of violence occurred; or 

18 ‘‘(2) any judicial district in which the drug traf19 ficking crime may be prosecuted. 

20 ‘‘(c) DEFINITIONS.—As used in this section— 

21 ‘‘(1) the term ‘crime of violence’ has the mean22 ing given that term in section 16 of title 18, United 

23 States Code; and 


bajohnson on PROD1PC69 with BILLS
198 

•S 1860 IS

1 ‘‘(2) the term ‘drug trafficking crime’ has the 

2 meaning given that term in section 924(c)(2) of title 

3 18, United States Code.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 for the Comprehensive Drug Abuse Prevention and Con6 trol Act of 1970 is amended by inserting after the item 

7 relating to section 423, the following: 

‘‘Sec. 424. Murder and other violent crimes committed during and in relation 

to a drug trafficking crime.’’. 

8 SEC. 717. MULTIPLE INTERSTATE MURDER. 

9 (a) OFFENSE.—Chapter 51 of title 18, United States 

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

11 section: 

12 ‘‘§ 1123. Use of interstate commerce facilities in the 

13 commission of multiple murder 

14 ‘‘(a) IN GENERAL.—Whoever travels in or causes an15 other (including the intended victim) to travel in interstate 

16 or foreign commerce, or uses or causes another (including 

17 the intended victim) to use the mail or any facility of inter18 state or foreign commerce, or who conspires or attempts 

19 to do so, with intent that 2 or more intentional homicides 

20 be committed in violation of the laws of any State or the 

21 United States shall, in addition to being subject to a fine 

22 under this title— 

23 ‘‘(1) if the offense results in the death of any 

24 person, be sentenced to death or life in prison; 


bajohnson on PROD1PC69 with BILLS
199 

•S 1860 IS

1 ‘‘(2) if the offense results is assault resulting in 

2 serious bodily injury (as defined in section 1365), be 

3 imprisoned for life or any term of years not less 

4 than 20; and 

5 ‘‘(3) in any other case, be imprisoned for life or 

6 for any term of years not less than 10. 

7 ‘‘(b) DEFINITION.—The term ‘State’ means each of 

8 the several States of the United States, the District of 

9 Columbia, and any commonwealth, territory, or possession 

10 of the United States.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 51 of title 18, United States 

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

‘‘1123. Use of interstate commerce facilities in the commission of multiple murder.’’. 

14 SEC. 718. ADDITIONAL RACKETEERING ACTIVITY. 

15 Section 1961(1) of title 18, United States Code, is 

16 amended— 

17 (1) in subparagraph (A), by inserting ‘‘, or 

18 would have been so chargeable if the act or threat 

19 had not been committed in Indian country (as de20 fined in section 1151) or in any other area of exclu21 sive Federal jurisdiction,’’ after ‘‘chargeable under 

22 State law’’; and 

23 (2) in subparagraph (B), by inserting ‘‘section 

24 1123 (relating to interstate murder),’’ after ‘‘section 


bajohnson on PROD1PC69 with BILLS
200 

•S 1860 IS

1 1084 (relating to the transmission of gambling in2 formation),’’. 

3 SEC. 719. EXPANSION OF REBUTTABLE PRESUMPTION 

4 AGAINST RELEASE OF PERSONS CHARGED 

5 WITH FIREARMS OFFENSES. 

6 Section 3142 of title 18, United States Code, is 

7 amended— 

8 (1) in subsection (e), in the matter following 

9 paragraph (3), by inserting ‘‘an offense under sub10 section (g)(1) (where the underlying conviction is a 

11 drug trafficking crime (as defined in section 

12 924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of 

13 section 922, or a crime of violence,’’ after ‘‘that the 

14 person committed’’; and 

15 (2) in subsection (g), by amending paragraph 

16 (1) to read as follows: 

17 ‘‘(1) the nature and circumstances of the of18 fense charged, including whether the offense is a 

19 crime of violence, or involves a controlled substance, 

20 firearm, explosive, or destructive devise;’’. 

21 SEC. 720. VENUE IN CAPITAL CASES. 

22 Section 3235 of title 18, United States Code, is 

23 amended to read as follows: 


bajohnson on PROD1PC69 with BILLS
201 

•S 1860 IS

1 ‘‘§ 3235. Venue in capital cases 

2 ‘‘(a) The trial for any offense punishable by death 

3 shall be held in the district where the offense was com4 mitted or in any district in which the offense began, con5 tinued, or was completed. 

6 ‘‘(b) If the offense, or related conduct, under sub7 section (a) involves activities which affect interstate or for8 eign commerce, or the importation of an object or person 

9 into the United States, such offense may be prosecuted 

10 in any district in which those activities occurred.’’. 

11 SEC. 721. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

12 (a) IN GENERAL.—Chapter 213 of title 18, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 3298. Violent crime offenses 

16 ‘‘No person shall be prosecuted, tried, or punished 

17 for any noncapital felony, crime of violence, including any 

18 racketeering activity or gang crime which involves any 

19 crime of violence, unless the indictment is found or the 

20 information is instituted not later than 15 years after the 

21 date on which the alleged violation occurred or the con22 tinuing offense was completed.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 213 of title 18, United States 

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

‘‘3298. Violent crime offenses.’’. 


bajohnson on PROD1PC69 with BILLS
202 

•S 1860 IS

1 SEC. 722. MODIFICATION OF DEFINITION OF CRIME OF VIO2 LENCE. 

3 Section 16(b) of title 18, United States Code, is 

4 amended to read as follows: 

5 ‘‘(b) any other offense that is an offense pun6 ishable by imprisonment for more than one year and 

7 that, by its nature, involves a substantial risk that 

8 physical force may be used against the person or 

9 property of another, or is an offense punishable 

10 under subparagraphs (A), (B), or (C) of section 

11 401(b)(1) of the Controlled Substances Act.’’. 

12 SEC. 723. CLARIFICATION TO HEARSAY EXCEPTION FOR 

13 FORFEITURE BY WRONGDOING. 

14 Rule 804(b)(6) of the Federal Rules of Evidence is 

15 amended to read as follows: 

16 ‘‘(6) FORFEITURE BY WRONGDOING.—A state17 ment offered against a party who has engaged or ac18 quiesced in wrongdoing, or who could reasonably 

19 foresee such wrongdoing would take place, if the 

20 wrongdoing was intended to, and did, procure the 

21 unavailability of the declarant as a witness.’’. 

22 SEC. 724. INCREASED PENALTIES FOR CRIMINAL USE OF 

23 FIREARMS IN CRIMES OF VIOLENCE AND 

24 DRUG TRAFFICKING. 

25 (a) IN GENERAL.—Section 924(c) of title 18, United 

26 States Code, is amended— 


bajohnson on PROD1PC69 with BILLS
203 

•S 1860 IS

1 (1) in paragraph (1)(A)— 

2 (A) by striking ‘‘shall’’ and inserting ‘‘or 

3 conspires to commit any of the above acts, 

4 shall, for each instance in which the firearm is 

5 used, carried, or possessed’’; 

6 (B) in clause (i), by striking ‘‘5 years’’ and 

7 inserting ‘‘7 years’’; and 

8 (C) by striking clauses (ii) and (iii) and in9 serting the following: 

10 ‘‘(ii) if the firearm is discharged, be sen11 tenced to a term of imprisonment of not less 

12 than 15 years; and 

13 ‘‘(iii) if the firearm is used to wound, in14 jure, or maim another person, be sentenced to 

15 a term of imprisonment of not less than 20 

16 years.’’; and 

17 (2) by striking paragraph (4). 

18 (b) CONFORMING AMENDMENT.—Section 924 of title 

19 18, United States Code, is amended by striking subsection 

20 (o). 

21 SEC. 725. TRANSFER OF JUVENILES. 

22 The 4th undesignated paragraph of section 5032 of 

23 title 18, United States Code, is amended— 

24 (1) by striking ‘‘A juvenile’’ where it appears at 

25 the beginning of the paragraph and inserting ‘‘ExVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
204 

•S 1860 IS

1 cept as otherwise provided in this chapter, a juve2 nile’’; 

3 (2) by striking ‘‘as an adult, except that, with’’ 

4 and inserting ‘‘as an adult. With’’; and 

5 (3) by striking ‘‘However, a juvenile’’ and all 

6 that follows through ‘‘criminal prosecution.’’ at the 

7 end of the paragraph and inserting ‘‘The Attorney 

8 General may prosecute as an adult a juvenile who is 

9 alleged to have committed an act after that juve10 nile’s 16th birthday which if committed by an adult 

11 would be a crime of violence that is a felony, an of12 fense described in subsection (d), (i), (j), (k), (o), 

13 (p), (q), (u), or (x) of section 922 (relating to unlaw14 ful acts), or subsection (b), (c), (g), (h), (k), (l), (m), 

15 or (n) of section 924 (relating to penalties), section 

16 930 (relating to possession of firearms and dan17 gerous weapons in Federal facilities), or section 931 

18 (relating to purchase, ownership, or possession of 

19 body armor by violent felons). The decision whether 

20 or not to prosecute a juvenile as an adult under the 

21 immediately preceding sentence is not subject to ju22 dicial review in any court. In a prosecution under 

23 that sentence, the juvenile may be prosecuted and 

24 convicted as an adult for any other offense which is 

25 properly joined under the Federal Rules of Criminal 


bajohnson on PROD1PC69 with BILLS
205 

•S 1860 IS

1 Procedure, and may also be convicted as an adult of 

2 any lesser included offense.’’. 

3 Subtitle B—Increased Federal Re4 sources to Deter and Prevent 

5 At-Risk Youth From Joining Il6 legal Street Gangs 

7 SEC. 731. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN8 TENSITY’’ INTERSTATE GANG ACTIVITY 

9 AREAS. 

10 (a) DEFINITIONS.—In this section the following defi11 nitions shall apply: 

12 (1) GOVERNOR.—The term ‘‘Governor’’ means 

13 a Governor of a State or the Mayor of the District 

14 of Columbia. 

15 (2) HIGH INTENSITY INTERSTATE GANG ACTIV16 ITY AREA.—The term ‘‘high intensity interstate 

17 gang activity area’’ means an area within a State 

18 that is designated as a high intensity interstate gang 

19 activity area under subsection (b)(1). 

20 (3) STATE.—The term ‘‘State’’ means a State 

21 of the United States, the District of Columbia, and 

22 any commonwealth, territory, or possession of the 

23 United States. 

24 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

25 AREAS.— 


bajohnson on PROD1PC69 with BILLS
206 

•S 1860 IS

1 (1) DESIGNATION.—The Attorney General, 

2 after consultation with the Governors of appropriate 

3 States, may designate as high intensity interstate 

4 gang activity areas, specific areas that are located 

5 within 1 or more States. 

6 (2) ASSISTANCE.—In order to provide Federal 

7 assistance to high intensity interstate gang activity 

8 areas, the Attorney General shall— 

9 (A) establish criminal street gang enforce10 ment teams, consisting of Federal, State, and 

11 local law enforcement authorities, for the co12 ordinated investigation, disruption, apprehen13 sion, and prosecution of criminal street gangs 

14 and offenders in each high intensity interstate 

15 gang activity area; 

16 (B) direct the reassignment or detailing 

17 from any Federal department or agency (sub18 ject to the approval of the head of that depart19 ment or agency, in the case of a department or 

20 agency other than the Department of Justice) 

21 of personnel to each criminal street gang en22 forcement team; 

23 (C) provide all necessary funding for the 

24 operation of the criminal street gang enforceVerDate Aug 31 2005 04:34 Jul 27, 2007 Jkt 059200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S1860.IS S1860

bajohnson on PROD1PC69 with BILLS
207 

•S 1860 IS

1 ment team in each high intensity interstate 

2 gang activity area; and 

3 (D) provide all necessary funding for na4 tional and regional meetings of criminal street 

5 gang enforcement teams, and all other related 

6 organizations, as needed, to ensure effective op7 eration of such teams through the sharing of 

8 intelligence, best practices and for any other re9 lated purpose. 

10 (3) COMPOSITION OF CRIMINALSTREET GANG

11 ENFORCEMENT TEAM.—The team established pursu12 ant to paragraph (2)(A) shall consist of agents and 

13 officers, where feasible, from— 

14 (A) the Federal Bureau of Investigation; 

15 (B) the Drug Enforcement Administration; 

16 (C) the Bureau of Alcohol, Tobacco, Fire17 arms, and Explosives; 

18 (D) the United States Marshals Service; 

19 (E) the Directorate of Border and Trans20 portation Security of the Department of Home21 land Security; 

22 (F) the Department of Housing and Urban 

23 Development; 

24 (G) State and local law enforcement; and 

25 (H) Federal, State, and local prosecutors. 


bajohnson on PROD1PC69 with BILLS
208 

•S 1860 IS

1 (4) CRITERIA FOR DESIGNATION.—In consid2 ering an area for designation as a high intensity 

3 interstate gang activity area under this section, the 

4 Attorney General shall consider— 

5 (A) the current and predicted levels of 

6 gang crime activity in the area; 

7 (B) the extent to which violent crime in 

8 the area appears to be related to criminal street 

9 gang activity, such as drug trafficking, murder, 

10 robbery, assaults, carjacking, arson, kidnap11 ping, extortion, and other criminal activity; 

12 (C) the extent to which State and local law 

13 enforcement agencies have committed resources 

14 to— 

15 (i) respond to the gang crime prob16 lem; and 

17 (ii) participate in a gang enforcement 

18 team; 

19 (D) the extent to which a significant in20 crease in the allocation of Federal resources 

21 would enhance local response to the gang crime 

22 activities in the area; and 

23 (E) any other criteria that the Attorney 

24 General considers to be appropriate. 


bajohnson on PROD1PC69 with BILLS
209 

•S 1860 IS

1 (c) ADDITIONAL ASSISTANT U.S. ATTORNEYS.—The 

2 Attorney General is authorized to hire 94 additional As3 sistant United States attorneys to carry out the provisions 

4 of this section. Each attorney hired under this subsection 

5 shall be assigned to a high intensity interstate gang activ6 ity area. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated— 

9 (1) $50,000,000 for each of the fiscal years 

10 2006 through 2010 to carry out subsection (b); and 

11 (2) $7,500,000 for each of the fiscal years 2006 

12 through 2010 to carry out subsection (c). 

13 SEC. 732. GRANTS TO STATE AND LOCAL PROSECUTORS TO 

14 COMBAT VIOLENT CRIME AND TO PROTECT 

15 WITNESSES AND VICTIMS OF CRIMES. 

16 (a) IN GENERAL.—Section 31702 of the Violent 

17 Crime Control and Law Enforcement Act of 1994 (42 

18 U.S.C. 13862) is amended — 

19 (1) in paragraph (3), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (4), by striking the period at 

22 the end and inserting a semicolon; and 

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

24 ‘‘(5) to hire additional prosecutors to— 


bajohnson on PROD1PC69 with BILLS
210 

•S 1860 IS

1 ‘‘(A) allow more cases to be prosecuted; 

2 and 

3 ‘‘(B) reduce backlogs; 

4 ‘‘(6) to fund technology, equipment, and train5 ing for prosecutors and law enforcement in order to 

6 increase accurate identification of gang members 

7 and violent offenders, and to maintain databases 

8 with such information to facilitate coordination 

9 among law enforcement and prosecutors; and 

10 ‘‘(7) to fund technology, equipment, and train11 ing for prosecutors to increase the accurate identi12 fication and successful prosecution of young violent 

13 offenders.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 31707 of the Violent Crime Control and Law Enforcement 

16 Act of 1994 (42 U.S.C. 13867) is amended to read as 

17 follows: 

18 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated 

20 $20,000,000 for each of the fiscal years 2006 through 

21 2010 to carry out this subtitle.’’. 

Æ 


bajohnson on PROD1PC69 with BILLS