[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 5 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 5
To reduce the transportation and distribution of illegal drugs and to
strengthen domestic demand reduction, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 19, 1999
Mr. DeWine (for himself, Mr. Abraham, Mr. Ashcroft, Mr. Grassley, Mr.
Hatch, Mr. Lott, Mr. Coverdell, and Mr. McCain) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To reduce the transportation and distribution of illegal drugs and to
strengthen domestic demand reduction, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Drug-Free Century
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTERNATIONAL SUPPLY REDUCTION
Subtitle A--International Crime
Chapter 1--International Crime Control
Sec. 1001. Short title.
Sec. 1002. Felony punishment for violence committed along the United
States border.
Chapter 2--Strengthening Maritime Law Enforcement Along United States
Borders
Sec. 1003. Sanctions for failure to heave to, obstructing a lawful
boarding, and providing false information.
Sec. 1004. Civil penalties to support maritime law enforcement.
Sec. 1005. Customs orders.
Chapter 3--Smuggling Of Contraband and Other Illegal Products
Sec. 1006. Smuggling contraband and other goods from the United States.
Sec. 1007. Customs duties.
Sec. 1008. False certifications relating to exports.
Chapter 4--Denying Safe Havens to International Criminals
Sec. 1009. Extradition for offenses not covered by a list treaty.
Sec. 1010. Extradition absent a treaty.
Sec. 1011. Technical and conforming amendments.
Sec. 1012. Temporary transfer of persons in custody for prosecution.
Sec. 1013. Prohibiting fugitives from benefiting from fugitive status.
Sec. 1014. Transfer of foreign prisoners to serve sentences in country
of origin.
Sec. 1015. Transit of fugitives for prosecution in foreign countries.
Chapter 5--Seizing And Forfeiting Assets of International Criminals
Sec. 1016. Criminal penalties for violations of anti-money laundering
orders.
Sec. 1017. Cracking down on illegal money transmitting businesses.
Sec. 1018. Expanding civil money laundering laws to reach foreign
persons.
Sec. 1019. Punishment of money laundering through foreign banks.
Sec. 1021. Authority to order convicted criminals to return property
located abroad.
Sec. 1022. Administrative summons authority under the Bank Secrecy Act.
Sec. 1023. Exempting financial enforcement data from unnecessary
disclosure.
Sec. 1024. Criminal and civil penalties under the International
Emergency Economic Powers Act.
Sec. 1025. Attempted violations of the Trading With the Enemy Act.
Sec. 1026. Jurisdiction over certain financial crimes committed abroad.
Chapter 6--Promoting Global Cooperation in the Fight Against
International Crime
Sec. 1027. Streamlined procedures for execution of MLAT requests.
Sec. 1028. Temporary transfer of incarcerated witnesses.
Sec. 1029. Training of foreign law enforcement agencies.
Sec. 1030. Discretionary authority to use forfeiture proceeds.
Subtitle B--International Drug Control
Sec. 1201. Annual country plans for drug-transit and drug producing
countries.
Sec. 1202. Prohibition on use of funds for counternarcotics activities
and assistance.
Sec. 1203. Sense of Congress regarding Colombia.
Sec. 1204. Sense of Congress regarding Mexico.
Sec. 1205. Sense of Congress regarding Iran.
Sec. 1206. Sense of Congress regarding Syria.
Sec. 1207. Brazil.
Sec. 1208. Jamaica.
Sec. 1209. Sense of Congress regarding North Korea.
Subtitle C--Foreign Military Counter-Drug Support
Sec. 1301. Report.
Subtitle D--Money Laundering Deterrence
Sec. 1401. Short title.
Sec. 1402. Findings and purposes.
Sec. 1403. Reporting of suspicious activities.
Sec. 1404. Expansion of scope of summons power.
Sec. 1405. Penalties for violations of geographic targeting orders and
certain recordkeeping requirements.
Sec. 1406. Repeal of certain reporting requirements.
Sec. 1407. Limited exemption from Paperwork Reduction Act.
Sec. 1408. Sense of Congress.
Subtitle E--Additional Funding For Source and Interdiction Zone
Countries
Sec. 1501. Source zone countries.
Sec. 1502. Central America.
TITLE II--DOMESTIC LAW ENFORCEMENT
Subtitle A--Criminal Offenders
Sec. 2001. Apprehension and procedural treatment of armed violent
criminals.
Sec. 2002. Criminal attempt.
Sec. 2003. Drug offenses committed in the presence of children.
Sec. 2004. Sense of Congress on border defense.
Sec. 2005. Clone pagers.
Subtitle B--Methamphetamine Laboratory Cleanup
Sec. 2101. Sense of Congress regarding methamphetamine laboratory
cleanup.
Subtitle C--Powder Cocaine Mandatory Minimum Sentencing
Sec. 2201. Sentencing for violations involving cocaine powder.
Subtitle D--Drug-Free Borders
Sec. 2301. Increased penalty for false statement offense.
Sec. 2302. Increased number of border patrol agents.
Sec. 2303. Enhanced border patrol pursuit policy.
TITLE III--DOMESTIC DEMAND REDUCTION
Subtitle A--Education, Prevention, and Treatment
Sec. 3001. Sense of Congress on reauthorization of Safe and Drug-Free
Schools and Communities Act of 1994.
Sec. 3002. Sense of Congress regarding reauthorization of prevention
and treatment programs.
Sec. 3003. Report on drug-testing technologies.
Sec. 3004. Use of National Institutes of Health substance abuse
research.
Sec. 3005. Needle exchange.
Sec. 3006. Drug-free teen drivers incentive.
Sec. 3007. Drug-free schools.
Sec. 3008. Victim and witness assistance programs for teachers and
students.
Sec. 3009. Innovative programs to protect teachers and students.
Subtitle B--Drug-Free Families
Sec. 3101. Short title.
Sec. 3102. Findings.
Sec. 3103. Purposes.
Sec. 3104. Definitions.
Sec. 3105. Establishment of drug-free families support program.
Sec. 3106. Authorization of appropriations.
TITLE IV--FUNDING FOR UNITED STATES COUNTER-DRUG ENFORCEMENT AGENCIES
Sec. 4001. Authorization of appropriations.
Sec. 4002. Cargo inspection and narcotics detection equipment.
Sec. 4003. Peak hours and investigative resource enhancement.
Sec. 4004. Air and marine operation and maintenance funding.
Sec. 4005. Compliance with performance plan requirements.
Sec. 4006. Commissioner of Customs salary.
Sec. 4007. Passenger preclearance services.
Subtitle B--United States Coast Guard
Sec. 4101. Additional funding for operation and maintenance.
Subtitle C--Drug Enforcement Administration
Sec. 4201. Additional funding for counternarcotics and information
support operations.
Subtitle D--Department of the Treasury
Sec. 4301. Additional funding for counter-drug information support.
Subtitle E--Department of Defense
Sec. 4401. Additional funding for expansion of counternarcotics
activities.
Sec. 4402. Forward military base for counternarcotics matters.
Sec. 4403. Expansion of radar coverage and operation in source and
transit countries.
Sec. 4404. Sense of Congress regarding funding under Western Hemisphere
Drug Elimination Act.
Sec. 4405. Sense of Congress regarding the priority of the drug
interdiction and counterdrug activities of
the Department of Defense.
TITLE I--INTERNATIONAL SUPPLY REDUCTION
Subtitle A--International Crime
CHAPTER 1--INTERNATIONAL CRIME CONTROL
SEC. 1001. SHORT TITLE.
This chapter may be cited as the ``International Crime Control Act
of 1999''.
SEC. 1002. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED
STATES BORDER.
(a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Violence while eluding inspection or during violation of
arrival, reporting, entry, or clearance requirements
``(a) In General.--Whoever attempts to commit or commits a crime of
violence or recklessly operates any conveyance during and in relation
to--
``(1)(A) attempting to elude or eluding immigration,
customs, or agriculture inspection; or
``(B) failing to stop at the command of an officer or
employee of the United States charged with enforcing the
immigration, customs, or other laws of the United States along
any border of the United States; or
``(2) an intentional violation of arrival, reporting,
entry, or clearance requirements, as set forth in section 107
of the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of
the Act of August 20, 1912 (commonly known as the `Plant
Quarantine Act' (7 U.S.C. 164a)), section 7 of the Federal
Noxious Weed Act of 1974 (7 U.S.C. 2807), section 431, 433,
434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431, 1433,
1434, and 1459), section 10 of the Act of August 30, 1890 (26
Stat. 417; chapter 839 (21 U.S.C. 105), section 2 of the Act of
February 2, 1903 (32 Stat. 792; chapter 349; 21 U.S.C. 111),
section 4197 of the Revised Statutes (46 U.S.C. App. 91), or
sections 231, 232, and 234 through 238 of the Immigration and
Nationality Act (8 U.S.C. 1221, 1222, and 1224 through 1228)
shall be--
``(A) fined under this title, imprisoned not more
than 5 years, or both;
``(B) if bodily injury (as defined in section
1365(g)) results, fined under this title, imprisoned
not more than 10 years, or both; or
``(C) if death results, fined under this title,
imprisoned for any term of years or for life, or both,
and may be sentenced to death.
``(b) Conspiracy.--If 2 or more persons conspire to commit an
offense under subsection (a), and 1 or more of those persons do any act
to effect the object of the conspiracy, each shall be punishable as a
principal, except that a sentence of death may not be imposed.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
27 of title 18, United States Code, is amended by adding at the end the
following:
``554. Violence while eluding inspection or during violation of
arrival, reporting, entry, or clearance
requirements.''.
(c) Reckless Endangerment.--Section 111 of title 18, United States
Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Reckless Endangerment.--Whoever--
``(1) knowingly disregards or disobeys the lawful authority
or command of any officer or employee of the United States
charged with enforcing the immigration, customs, or other laws
of the United States along any border of the United States
while engaged in, or on account of, the performance of official
duties of that officer or employee; and
``(2) as a result of disregarding or disobeying an
authority or command referred to in paragraph (1), endangers
the safety of any person or property,
shall be fined under this title, imprisoned not more than 6 months, or
both.''.
CHAPTER 2--STRENGTHENING MARITIME LAW ENFORCEMENT ALONG UNITED STATES
BORDERS
SEC. 1003. SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTING A LAWFUL
BOARDING, AND PROVIDING FALSE INFORMATION.
(a) In General.--Chapter 109 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for
obstruction of boarding or providing false information
``(a) Definitions.--In this section:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' has the meaning given that term in
section 115(c).
``(2) Heave to.--The term `heave to' means, with respect to
a vessel, to cause that vessel to slow or come to a stop to
facilitate a law enforcement boarding by adjusting the course
and speed of the vessel to account for the weather conditions
and the sea state.
``(3) Vessel of the united states; vessel subject to the
jurisdiction of the united states.--The terms `vessel of the
United States' and `vessel subject to the jurisdiction of the
United States' have the meanings given those terms in section 3
of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).
``(b) Failure To Obey an Order To Heave to.--
``(1) In general.--It shall be unlawful for the master,
operator, or person in charge of a vessel of the United States
or a vessel subject to the jurisdiction of the United States,
to fail to obey an order to heave to that vessel on being
ordered to do so by an authorized Federal law enforcement
officer.
``(2) Impeding boarding; providing false information in
connection with a boarding.--It shall be unlawful for any
person on board a vessel of the United States or a vessel
subject to the jurisdiction of the United States knowingly or
willfully to--
``(A) fail to comply with an order of an authorized
Federal law enforcement officer in connection with the
boarding of the vessel;
``(B) impede or obstruct a boarding or arrest, or
other law enforcement action authorized by any Federal
law; or
``(C) provide false information to a Federal law
enforcement officer during a boarding of a vessel
regarding the destination, origin, ownership,
registration, nationality, cargo, or crew of the
vessel.
``(c) Statutory Construction.--Nothing in this section may be
construed to limit the authority granted before the date of enactment
of the International Crime Control Act of 1999 to--
``(1) a customs officer under section 581 of the Tariff Act
of 1930 (19 U.S.C. 1581) or any other provision of law enforced
or administered by the United States Customs Service; or
``(2) any Federal law enforcement officer under any Federal
law to order a vessel to heave to.
``(d) Consent or Waiver of Objection by a Foreign Country.--
``(1) In general.--A foreign country may consent to or
waive objection to the enforcement of United States law by the
United States under this section by international agreement or,
on a case-by-case basis, by radio, telephone, or similar oral
or electronic means.
``(2) Proof of consent or waiver.--The Secretary of State
or a designee of the Secretary of State may prove a consent or
waiver described in paragraph (1) by certification.
``(e) Penalties.--Any person who intentionally violates any
provision of this section shall be fined under this title, imprisoned
not more than 5 years, or both.
``(f) Seizure of Vessels.--
``(1) In general.--A vessel that is used in violation of
this section may be seized and forfeited.
``(2) Applicability of laws.--
``(A) In general.--Subject to subparagraph (C), the
laws described in subparagraph (B) shall apply to
seizures and forfeitures undertaken, or alleged to have
been undertaken, under any provision of this section.
``(B) Laws described.--The laws described in this
subparagraph are the laws relating to the seizure,
summary, judicial forfeiture, and condemnation of
property for violation of the customs laws, the
disposition of the property or the proceeds from the
sale thereof, the remission or mitigation of the
forfeitures, and the compromise of claims.
``(C) Execution of duties by officers and agents.--
Any duty that is imposed upon a customs officer or any
other person with respect to the seizure and forfeiture
of property under the customs laws shall be performed
with respect to a seizure or forfeiture of property
under this section by the officer, agent, or other
person that is authorized or designated for that
purpose.
``(3) In rem liability.--A vessel that is used in violation
of this section shall, in addition to any other liability
prescribed under this subsection, be liable in rem for any fine
or civil penalty imposed under this section.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
109 of title 18, United States Code, is amended by adding at the end
the following:
``2237. Sanctions for failure to heave to; sanctions for obstruction of
boarding or providing false information.''.
SEC. 1004. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 675. Civil penalty for failure to comply with a lawful boarding,
obstruction of boarding, or providing false information
``(a) In General.--Any person who violates section 2237(b) of title
18 shall be liable for a civil penalty of not more than $25,000.
``(b) In Rem Liability.--In addition to being subject to the
liability under subsection (a), a vessel used to violate an order
relating to the boarding of a vessel issued under the authority of
section 2237 of title 18 shall be liable in rem and may be seized,
forfeited, and sold in accordance with section 594 of the Tariff Act of
1930 (19 U.S.C. 1594).''.
(b) Technical and Conforming Amendment.--The analysis for chapter
17 of title 14, United States Code, is amended by adding at the end the
following:
``675. Civil penalty for failure to comply with a lawful boarding,
obstruction of boarding, or providing false
information.''.
SEC. 1005. CUSTOMS ORDERS.
Section 581 of the Tariff Act of 1930 (19 U.S.C. 1581) is amended
by adding at the end the following:
``(i) Authorized Place Defined.--In this section, the term
`authorized place' includes, with respect to a vessel or vehicle, a
location in a foreign country at which United States customs officers
are permitted to conduct inspections, examinations, or searches.''.
CHAPTER 3--SMUGGLING OF CONTRABAND AND OTHER ILLEGAL PRODUCTS
SEC. 1006. SMUGGLING CONTRABAND AND OTHER GOODS FROM THE UNITED STATES.
(a) In General.--
(1) Smuggling goods from the united states.--Chapter 27 of
title 18, United States Code, as amended by section 1002(a) of
this title, is amended by adding at the end the following:
``Sec. 555. Smuggling goods from the United States
``(a) United States Defined.--In this section, the term `United
States' has the meaning given that term in section 545.
``(b) Penalties.--Whoever--
``(1) fraudulently or knowingly exports or sends from the
United States, or attempts to export or send from the United
States, any merchandise, article, or object contrary to any law
of the United States (including any regulation of the United
States); or
``(2) receives, conceals, buys, sells, or in any manner
facilitates the transportation, concealment, or sale of that
merchandise, article, or object, prior to exportation, knowing
that merchandise, article, or object to be intended for
exportation contrary to any law of the United States,
shall be fined under this title, imprisoned not more than 5 years, or
both.''.
(2) Technical and conforming amendment.--The analysis for
chapter 27 of title 18, United States Code, is amended by
adding at the end the following:
``555. Smuggling goods from the United States.''.
(b) Laundering of Monetary Instruments.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by inserting ``section 555
(relating to smuggling goods from the United States),'' before
``section 641 (relating to public money, property, or records),''.
(c) Merchandise Exported From United States.--Section 596 of the
Tariff Act of 1930 (19 U.S.C. 1595a) is amended by adding at the end
the following:
``(d) Merchandise Exported From the United States.--Merchandise
exported or sent from the United States or attempted to be exported or
sent from the United States contrary to law, or the value thereof, and
property used to facilitate the receipt, purchase, transportation,
concealment, or sale of that merchandise prior to exportation shall be
forfeited to the United States.''.
SEC. 1007. CUSTOMS DUTIES.
(a) In General.--Section 542 of title 18, United States Code, is
amended--
(1) in the section heading, by adding ``theft,
embezzlement, or misapplication of duties'' at the end;
(2) by redesignating the fourth and fifth undesignated
paragraphs as subsections (b) and (c), respectively;
(3) in the third undesignated paragraph--
(A) by striking ``Shall be fined'' and inserting
the following:
``shall be fined''; and
(B) by striking ``two years'' and inserting ``5
years'';
(4) in the second undesignated paragraph--
(A) by striking ``Whoever is guilty'' and inserting
the following:
``(2) is guilty''; and
(B) by striking ``act or omission--'' and inserting
``act or omission; or'';
(5) in the first undesignated paragraph, by striking
``Whoever knowingly effects'' and inserting the following:
``(a) Whoever--
``(1) knowingly effects''; and
(6) in subsection (a) (as so designated by paragraph (5) of
this subsection) by inserting after paragraph (2) (as so
designated by paragraph (4) of this subsection) the following:
``(3) embezzles, steals, abstracts, purloins, willfully
misapplies, willfully permits to be misapplied, or wrongfully
converts to his own use, or to the use of another, moneys,
funds, credits, assets, securities or other property entrusted
to his or her custody or care, or to the custody or care of
another for the purpose of paying any lawful duties;''.
(b) Technical and Conforming Amendment.--The analysis for chapter
27 of title 18, United States Code, is amended by striking the item
relating to section 542 and inserting the following:
``542. Entry of goods by means of false statements, theft,
embezzlement, or misapplication of
duties.''.
SEC. 1008. FALSE CERTIFICATIONS RELATING TO EXPORTS.
(a) In General.--Chapter 27 of title 18, United States Code, as
amended by section 1006(a) of this title, is amended by adding at the
end the following:
``Sec. 556. False certifications relating to exports
``Whoever knowingly transmits in interstate or foreign commerce any
false or fraudulent certificate of origin, invoice, declaration,
affidavit, letter, paper, or statement (whether written or otherwise),
that represents explicitly or implicitly that goods, wares, or
merchandise to be exported qualify for purposes of any international
trade agreement to which the United States is a signatory shall be
fined under this title, imprisoned not more than 5 years, or both.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
27 of title 18, United States Code, is amended by adding at the end the
following:
``556. False certifications relating to exports.''.
CHAPTER 4--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS
SEC. 1009. EXTRADITION FOR OFFENSES NOT COVERED BY A LIST TREATY.
Chapter 209 of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 3197. Extradition for offenses not covered by a list treaty
``(a) Serious Offense Defined.--In this section, the term `serious
offense' means conduct that would be--
``(1) an offense described in any multilateral treaty to
which the United States is a party that obligates parties--
``(A) to extradite alleged offenders found in the
territory of the parties; or
``(B) submit the case to the competent authorities
of the parties for prosecution; or
``(2) conduct that, if that conduct occurred in the United
States, would constitute--
``(A) a crime of violence (as defined in section
16);
``(B) the distribution, manufacture, importation or
exportation of a controlled substance (as defined in
section 201 of the Controlled Substances Act (21 U.S.C.
802));
``(C) bribery of a public official;
misappropriation, embezzlement or theft of public funds
by or for the benefit of a public official;
``(D) obstruction of justice, including payment of
bribes to jurors or witnesses;
``(E) the laundering of monetary instruments, as
described in section 1956, if the value of the monetary
instruments involved exceeds $100,000;
``(F) fraud, theft, embezzlement, or commercial
bribery if the aggregate value of property that is the
object of all of the offenses related to the conduct
exceeds $100,000;
``(G) counterfeiting, if the obligations,
securities or other items counterfeited, have an
apparent value that exceeds $100,000;
``(H) a conspiracy or attempt to commit any of the
offenses described in any of subparagraphs (A) through
(G), or aiding and abetting a person who commits any
such offense; or
``(I) a crime against children under chapter 109A
or section 2251, 2251A, 2252, or 2252A.
``(b) Authorization of Filing.--
``(1) In general.--If a foreign government makes a request
for the extradition of a person who is charged with or has been
convicted of an offense within the jurisdiction of that foreign
government, and an extradition treaty between the United States
and the foreign government is in force, but the treaty does not
provide for extradition for the offense with which the person
has been charged or for which the person has been convicted,
the Attorney General may authorize the filing of a complaint
for extradition pursuant to subsections (c) and (d).
``(2) Filing of complaints.--
``(A) In general.--A complaint authorized under
paragraph (1) shall be filed pursuant to section 3184.
``(B) Procedures.--With respect to a complaint
filed under paragraph (1), the procedures contained in
sections 3184 and 3186 and the terms of the relevant
extradition treaty shall apply as if the offense were a
crime provided for by the treaty, in a manner
consistent with section 3184.
``(c) Criteria for Authorization of Complaints.--
``(1) In general.--The Attorney General may authorize the
filing of a complaint under subsection (b) only upon a
certification--
``(A) by the Attorney General, that in the judgment
of the Attorney General--
``(i) the offense for which extradition is
sought is a serious offense; and
``(ii) submission of the extradition
request would be important to the law
enforcement interests of the United States or
otherwise in the interests of justice; and
``(B) by the Secretary of State, that in the
judgment of the Secretary of State, submission of the
request would be consistent with the foreign policy
interests of the United States.
``(2) Factors for consideration.--In making any
certification under paragraph (1)(B), the Secretary of State
may consider whether the facts and circumstances of the request
then known appear likely to present any significant impediment
to the ultimate surrender of the person who is the subject of
the request for extradition, if that person is found to be
extraditable.
``(d) Cases of Urgency.--
``(1) In general.--In any case of urgency, the Attorney
General may, with the concurrence of the Secretary of State and
before any formal certification under subsection (c), authorize
the filing of a complaint seeking the provisional arrest and
detention of the person sought for extradition before the
receipt of documents or other proof in support of the request
for extradition.
``(2) Applicability of relevant treaty.--With respect to a
case described in paragraph (1), a provision regarding
provisional arrest in the relevant treaty shall apply.
``(3) Filing and effect of filing of complaints.--
``(A) In general.--A complaint authorized under
this subsection shall be filed in the same manner as
provided in section 3184.
``(B) Issuance of orders.--Upon the filing of a
complaint under this subsection, the appropriate
judicial officer may issue an order for the provisional
arrest and detention of the person as provided in
section 3184.
``(e) Conditions of Surrender; Assurances.--
``(1) In general.--Before issuing a warrant of surrender
under section 3184 or 3186, the Secretary of State may--
``(A) impose conditions upon the surrender of the
person that is the subject of the warrant; and
``(B) require those assurances of compliance with
those conditions, as are determined by the Secretary to
be appropriate.
``(2) Additional assurances.--
``(A) In general.--In addition to imposing
conditions and requiring assurances under paragraph
(1), the Secretary of State shall demand, as a
condition of the extradition of the person in every
case, an assurance described in subparagraph (B) that
the Secretary determines to be satisfactory.
``(B) Description of assurances.--An assurance
described in this subparagraph is an assurance that the
person that is sought for extradition shall not be
tried or punished for an offense other than that for
which the person has been extradited, absent the
consent of the United States.''.
SEC. 1010. EXTRADITION ABSENT A TREATY.
Chapter 209 of title 18, United States Code, as amended by section
1009 of this title, is amended by adding at the end the following:
``Sec. 3198. Extradition absent a treaty
``(a) Serious Offense Defined.--In this section, the term `serious
offense' has the meaning given that term in section 3197(a).
``(b) Authorization of Filing.--
``(1) In general.--If a foreign government makes a request
for the extradition of a person who is charged with or has been
convicted of an offense within the jurisdiction of that foreign
government, and no extradition treaty is in force between the
United States and the foreign government, the Attorney General may
authorize the filing of a complaint for extradition pursuant to
subsections (c) and (d).
``(2) Filing and treatment of complaints.--
``(A) In general.--A complaint authorized under
paragraph (1) shall be filed pursuant to section 3184.
``(B) Procedures.--With respect to a complaint
filed under paragraph (1), procedures of sections 3184
and 3186 shall be followed as if the offense were a
`crime provided for by such treaty' as described in
section 3184.
``(c) Criteria for Authorization of Complaints.--The Attorney
General may authorize the filing of a complaint described in subsection
(b) only upon a certification--
``(1) by the Attorney General, that in the judgment of the
Attorney General--
``(A) the offense for which extradition is sought
is a serious offense; and
``(B) submission of the extradition request would
be important to the law enforcement interests of the
United States or otherwise in the interests of justice;
and
``(2) by the Secretary of State, that in the judgment of
the certifying official, based on information then known--
``(A) submission of the request would be consistent
with the foreign policy interests of the United States;
``(B) the facts and circumstances of the request,
including humanitarian considerations, do not appear
likely to present a significant impediment to the
ultimate surrender of the person if found extraditable;
and
``(C) the foreign government submitting the request
is not submitting the request in order to try or punish
the person sought for extradition primarily on the
basis of the race, religion, nationality, or political
opinions of that person.
``(d) Limitations on Delegation.--
``(1) Delegation by attorney general.--The authorities and
responsibilities of the Attorney General under subsection (c)
may be delegated only to the Deputy Attorney General.
``(2) Delegation.--The authorities and responsibilities of
the Secretary of State set forth in this subsection may be
delegated only to the Deputy Secretary of State.
``(e) Cases of Urgency.--
``(1) In general.--In any case of urgency, the Attorney
General may, with the concurrence of the Secretary of State and
before any formal certification under subsection (c), authorize
the filing of a complaint seeking the provisional arrest and
detention of the person sought for extradition before the
receipt of documents or other proof in support of the request
for extradition.
``(2) Filing of complaints; order by judicial officer.--
``(A) Filing.--A complaint filed under this
subsection shall be filed in the same manner as
provided in section 3184.
``(B) Orders.--Upon the filing of a complaint under
subparagraph (A), the appropriate judicial officer may
issue an order for the provisional arrest and detention
of the person.
``(C) Releases.--If, not later than 45 days after
the arrest, the formal request for extradition and
documents in support of that are not received by the
Department of State, the appropriate judicial officer
may order that a person detained pursuant to this
subsection be released from custody.
``(f) Hearings.--
``(1) In general.--Subject to subsection (h), upon the
filing of a complaint for extradition and receipt of documents
or other proof in support of the request of a foreign
government for extradition, the appropriate judicial officer
shall hold a hearing to determine whether the person sought for
extradition is extraditable.
``(2) Criteria for extradition.--Subject to subsection (g)
in a hearing conducted under paragraph (1), the judicial
officer shall find a person extraditable if the officer finds--
``(A) probable cause to believe that the person
before the judicial officer is the person sought in the
foreign country of the requesting foreign government;
``(B) probable cause to believe that the person
before the judicial officer committed the offense for
which that person is sought, or was duly convicted of
that offense in the foreign country of the requesting
foreign government;
``(C) that the conduct upon which the request for
extradition is based, if that conduct occurred within
the United States, would be a serious offense
punishable by imprisonment for more than 10 years under
the laws of--
``(i) the United States;
``(ii) the majority of the States in the
United States; or
``(iii) of the State in which the fugitive
is found; and
``(D) no defense to extradition under subsection
(f) has been established.
``(g) Limitation of Extradition.--
``(1) In general.--A judicial officer shall not find a
person extraditable under this section if the person has
established that the offense for which extradition is sought
is--
``(A) an offense for which the person is being
proceeded against, or has been tried or punished, in
the United States; or
``(B) a political offense.
``(2) Political offenses.--For purposes of this section, a
political offense does not include--
``(A) a murder or other violent crime against the
person of a head of state of a foreign state, or of a
member of the family of the head of state;
``(B) an offense for which both the United States
and the requesting foreign government have the
obligation pursuant to a multilateral international
agreement to--
``(i) extradite the person sought; or
``(ii) submit the case to the competent
authorities for decision as to prosecution; or
``(C) a conspiracy or attempt to commit any of the
offenses referred to in subparagraph (A) or (B), or
aiding or abetting a person who commits or attempts to
commit any such offenses.
``(h) Limitations on Factors for Consideration at Hearings.--
``(1) In general.--At a hearing conducted under subsection
(a), the judicial officer conducting the hearing shall not
consider issues regarding--
``(A) humanitarian concerns;
``(B) the nature of the judicial system of the
requesting foreign government; and
``(C) whether the foreign government is seeking
extradition of a person for the purpose of prosecuting
or punishing the person because of the race, religion, nationality or
political opinions of that person.
``(2) Consideration by secretary of state.--The issues
referred to in paragraph (1) shall be reserved for
consideration exclusively by the Secretary of State as
described in subsection (c)(2).
``(3) Additional consideration.--Notwithstanding the
certification requirements described in subsection (c)(2), the
Secretary of State may, within the sole discretion of the
Secretary--
``(A) in addition to considering the issues
referred to in paragraph (1) for purposes of certifying
the filing of a complaint under this section, consider
those issues again in exercising authority to surrender
the person sought for extradition in carrying out the
procedures under section 3184 and 3186; and
``(B) impose conditions on surrender including
those provided in subsection (i).
``(i) Conditions of Surrender; Assurances.--
``(1) In general.--The Secretary of State may--
``(A) impose conditions upon the surrender of a
person sought for extradition under this section; and
``(B) require such assurances of compliance with
those conditions, as the Secretary determines to be
appropriate.
``(2) Additional assurances.--In addition to imposing
conditions and requiring assurances under paragraph (1), the
Secretary shall demand, as a condition of the extradition of
the person that is sought for extradition--
``(A) in every case, an assurance the Secretary
determines to be satisfactory that the person shall not
be tried or punished for an offense other than the
offense for which the person has been extradited,
absent the consent of the United States; and
``(B) in a case in which the offense for which
extradition is sought is punishable by death in the
foreign country of the requesting foreign government
and is not so punishable under the applicable laws in
the United States, an assurance the Secretary
determines to be satisfactory that the death penalty--
``(i) shall not be imposed; or
``(ii) if imposed, shall not be carried
out.''.
SEC. 1011. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--Chapter 309 of title 18, United States Code, is
amended--
(1) in section 3181, by inserting ``, other than sections
3197 and 3198,'' after ``The provisions of this chapter'' each
place that term appears; and
(2) in section 3186, by striking ``or 3185'' and inserting
``, 3185, 3197 or 3198''.
(b) Chapter Analysis.--The analysis for chapter 209 of title 18,
United States Code, is amended by adding at the end the following:
``3197. Extradition for offenses not covered by a list treaty.
``3198. Extradition absent a treaty.''.
SEC. 1012. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION.
(a) In General.--Chapter 306 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4116. Temporary transfer for prosecution
``(a) State Defined.--In this section, the term `State' includes a
State of the United States, the District of Columbia, and a
commonwealth, territory, or possession of the United States.
``(b) Authority of Attorney General With Respect to Temporary
Transfers.--
``(1) In general.--Subject to subsection (d), if a person
is in pretrial detention or is otherwise being held in custody
in a foreign country based upon a violation of the law in that
foreign country, and that person is found extraditable to the
United States by the competent authorities of that foreign
country while still in the pretrial detention or custody, the
Attorney General shall have the authority--
``(A) to request the temporary transfer of that
person to the United States in order to face
prosecution in a Federal or State criminal proceeding;
``(B) to maintain the custody of that person while
the person is in the United States; and
``(C) to return that person to the foreign country
at the conclusion of the criminal prosecution,
including any imposition of sentence.
``(2) Requirements for requests by attorney general.--The
Attorney General shall make a request under paragraph (1) only
if the Attorney General determines, after consultation with the
Secretary of State, that the return of that person to the
foreign country in question would be consistent with
international obligations of the United States.
``(c) Authority of Attorney General With Respect to Pretrial
Detentions.--
``(1) In general.--
``(A) Authority of attorney general.--Subject to
paragraph (2) and subsection (d), the Attorney General
shall have the authority to carry out the actions
described in subparagraph (B), if--
``(i) a person is in pretrial detention or
is otherwise being held in custody in the
United States based upon a violation of Federal
or State law, and that person is found
extraditable to a foreign country while still
in the pretrial detention or custody pursuant
to section 3184, 3197, or 3198; and
``(ii) a determination is made by the
Secretary of State and the Attorney General
that the person will be surrendered.
``(B) Actions.--If the conditions described in
subparagraph (A) are met, the Attorney General shall
have the authority to--
``(i) temporarily transfer the person
described in subparagraph (A) to the foreign
country of the foreign government requesting
the extradition of that person in order to face
prosecution;
``(ii) transport that person from the
United States in custody; and
``(iii) return that person in custody to
the United States from the foreign country.
``(2) Consent by state authorities.--If the person is being
held in custody for a violation of State law, the Attorney
General may exercise the authority described in paragraph (1)
if the appropriate State authorities give their consent to the
Attorney General.
``(3) Criterion for request.--The Attorney General shall
make a request under paragraph (1) only if the Attorney General
determines, after consultation with the Secretary of State,
that the return of the person sought for extradition to the
foreign country of the foreign government requesting the
extradition would be consistent with United States
international obligations.
``(4) Effect of temporary transfer.--With regard to any
person in pretrial detention--
``(A) a temporary transfer under this subsection
shall result in an interruption in the pretrial
detention status of that person; and
``(B) the right to challenge the conditions of
confinement pursuant to section 3142(f) does not extend
to the right to challenge the conditions of confinement
in a foreign country while in that foreign country
temporarily under this subsection.
``(d) Consent by Parties To Waive Prior Finding of Whether a Person
Is Extraditable.--The Attorney General may exercise the authority
described in subsections (b) and (c) absent a prior finding that the
person in custody is extraditable, if the person, any appropriate State
authorities in a case under subsection (c), and the requesting foreign
government give their consent to waive that requirement.
``(e) Return of Persons.--
``(1) In general.--If the temporary transfer to or from the
United States of a person in custody for the purpose of
prosecution is provided for by this section, that person shall
be returned to the United States or to the foreign country from
which the person is transferred on completion of the
proceedings upon which the transfer was based.
``(2) Statutory interpretation with respect to immigration
laws.--In no event shall the return of a person under paragraph
(1) require extradition proceedings or proceedings under the
immigration laws.
``(3) Certain rights and remedies barred.--Notwithstanding
any other provision of law, a person temporarily transferred to
the United States pursuant to this section shall not be
entitled to apply for or obtain any right or remedy under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.),
including the right to apply for or be granted asylum or
withholding of deportation.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
306 of title 18, United States Code, is amended by adding at the end
the following:
``4116. Temporary transfer for prosecution.''.
SEC. 1013. PROHIBITING FUGITIVES FROM BENEFITING FROM FUGITIVE STATUS.
(a) In General.--Chapter 163 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2466. Fugitive disentitlement
``A person may not use the resources of the courts of the United
States in furtherance of a claim in any related civil forfeiture action
or a claim in third party proceedings in any related criminal
forfeiture action if that person--
``(1) purposely leaves the jurisdiction of the United
States;
``(2) declines to enter or reenter the United States to
submit to its jurisdiction; or
``(3) otherwise evades the jurisdiction of the court in
which a criminal case is pending against the person.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
163 of title 28, United States Code, is amended by adding at the end
the following:
``2466. Fugitive disentitlement.''.
SEC. 1014. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN COUNTRY
OF ORIGIN.
Section 4100(b) of title 18, United States Code, is amended in the
third sentence by inserting ``, unless otherwise provided by treaty,''
before ``an offender''.
SEC. 1015. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN COUNTRIES.
(a) In General.--Chapter 305 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4087. Transit through the United States of persons wanted in a
foreign country
``(a) In General.--The Attorney General may, in consultation with
the Secretary of State, permit the temporary transit through the United
States of a person wanted for prosecution or imposition of sentence in
a foreign country.
``(b) Limitation on Judicial Review.--A determination by the
Attorney General to permit or not to permit a temporary transit
described in subsection (a) shall not be subject to judicial review.
``(c) Custody.--If the Attorney General permits a temporary transit
under subsection (a), Federal law enforcement personnel may hold the
person subject to that transit in custody during the transit of the
person through the United States.
``(d) Conditions Applicable to Persons Subject to Temporary
Transit.--Notwithstanding any other provision of law, a person who is
subject to a temporary transit through the United States under this
section shall--
``(1) be required to have only such documents as the
Attorney General shall require;
``(2) not be considered to be admitted or paroled into the
United States; and
``(3) not be entitled to apply for or obtain any right or
remedy under the Immigration and Nationality Act (8 U.S.C. 1101
et seq.), including the right to apply for or be granted asylum
or withholding of deportation.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
305 of title 18, United States Code, is amended by adding at the end
the following:
``4087. Transit through the United States of persons wanted in a
foreign country.''.
CHAPTER 5--SEIZING AND FORFEITING ASSETS OF INTERNATIONAL CRIMINALS
SEC. 1016. CRIMINAL PENALTIES FOR VIOLATIONS OF ANTI-MONEY LAUNDERING
ORDERS.
(a) Reporting Violations.--Section 5324(a) of title 31, United
States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
or the reporting requirements imposed by an order issued
pursuant to section 5326'' after ``any such section''; and
(2) in each of paragraphs (1) and (2), by inserting ``, or
a report required under any order issued pursuant to section
5326'' before the semicolon.
(b) Penalties.--Sections 5321(a)(1), 5322(a), and 5322(b) of title
31, United States Code, are each amended by inserting ``or order
issued'' after ``or a regulation prescribed'' each place that term
appears.
SEC. 1017. CRACKING DOWN ON ILLEGAL MONEY TRANSMITTING BUSINESSES.
Section 1960 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Scienter Requirement.--For the purposes of proving a
violation of this section involving an illegal money transmitting
business (as defined in subsection (b)(1)(A))--
``(1) it shall be sufficient for the government to prove
that the defendant knew that the money transmitting business
lacked a license required by State law; and
``(2) it shall not be necessary to show that the defendant
knew that the operation of such a business without the required
license was an offense punishable as a felony or misdemeanor
under State law.''.
SEC. 1018. EXPANDING CIVIL MONEY LAUNDERING LAWS TO REACH FOREIGN
PERSONS.
Section 1956(b) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(b)''; and
(3) by adding at the end the following:
``(2) For purposes of adjudicating an action filed or enforcing a
penalty ordered under this section, the district courts shall have
jurisdiction over any foreign person, including any financial
institution registered in a foreign country, that commits an offense
under subsection (a) involving a financial transaction that occurs in
whole or in part in the United States, if service of process upon the
foreign person is made in accordance with the Federal Rules of Civil
Procedure or the law of the foreign country in which the foreign person
is found.
``(3) The court may issue a pretrial restraining order or take any
other action necessary to ensure that any bank account or other
property held by the defendant in the United States is available to
satisfy a judgment under this section.''.
SEC. 1019. PUNISHMENT OF MONEY LAUNDERING THROUGH FOREIGN BANKS.
Section 1956(c)(6) of title 18, United States Code, is amended to
read as follows:
``(6) the term `financial institution' includes any
financial institution described in section 5312(a)(2) of title
31, United States Code, or the regulations promulgated
thereunder, as well as any foreign bank (as defined in section
1(b)(7) of the International Banking Act of 1978 (12 U.S.C.
3101(7));''.
SEC. 1021. AUTHORITY TO ORDER CONVICTED CRIMINALS TO RETURN PROPERTY
LOCATED ABROAD.
(a) Order of Forfeiture.--Section 413(p) of the Controlled
Substances Act (21 U.S.C. 853(p)) is amended by adding at the end the
following: ``In the case of property described in paragraph (3), the
court may, in addition, order the defendant to return the property to
the jurisdiction of the court so that the property may be seized and
forfeited.''.
(b) Pretrial Restraining Order.--Section 413(e) of the Controlled
Substances Act (21 U.S.C. 853(e)) is amended by inserting after
paragraph (3) the following:
``(4)(A) Pursuant to its authority to enter a pretrial
restraining order under this section, including its authority
to restrain any property forfeitable as substitute assets, the
court may also order the defendant to repatriate any property
subject to forfeiture pending trial, and to deposit that
property in the registry of the court, or with the United
States Marshals Service or the Secretary of the Treasury, in an
interest-bearing account.
``(B) Failure to comply with an order under this
subsection, or an order to repatriate property under subsection
(p), shall be punishable as a civil or criminal contempt of
court, and may also result in an enhancement of the sentence
for the offense giving rise to the forfeiture under the
obstruction of justice provision of section 3C1.1 of the
Federal Sentencing Guidelines.''.
SEC. 1022. ADMINISTRATIVE SUMMONS AUTHORITY UNDER THE BANK SECRECY ACT.
Section 5318(b) of title 31, United States Code, is amended by
striking paragraph (1) and inserting the following:
``(1) Scope of power.--The Secretary of the Treasury may
take any action described in paragraph (3) or (4) of subsection
(a) for the purpose of--
``(A) determining compliance with the rules of this
subchapter or any regulation issued under this
subchapter; or
``(B) civil enforcement of violations of this
subchapter, section 21 of the Federal Deposit Insurance
Act, section 411 of the National Housing Act, or
chapter 2 of Public Law 91-508 (12 U.S.C. 1951 et
seq.), or any regulation issued under any such
provision.''.
SEC. 1023. EXEMPTING FINANCIAL ENFORCEMENT DATA FROM UNNECESSARY
DISCLOSURE.
(a) IEEPA.--Section 203 of the International Emergency Economic
Powers Act (50 U.S.C. 1702(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Exemptions from disclosure.--Information obtained
under this title before or after the enactment of this section
may be withheld only to the extent permitted by statute, except
that information submitted, obtained, or considered in
connection with any transaction prohibited under this title,
including license applications, licenses or other
authorizations, information or evidence obtained in the course
of any investigation, and information obtained or furnished
under this title in connection with international agreements,
treaties, or obligations shall be withheld from public
disclosure, and shall not be subject to disclosure under
section 552 of title 5, United States Code, unless the release
of the information is determined by the President to be in the
national interest.''.
(b) Trading With the Enemy Act.--Section 5(b) of the Trading with
the Enemy Act of 1917 (50 U.S.C. App. 5(b)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Exemptions from disclosure.--Information obtained
under this title before or after the enactment of this section
may be withheld only to the extent permitted by statute, except
that information submitted, obtained, or considered in
connection with any transaction prohibited under this title,
including license applications, licenses or other
authorizations, information or evidence obtained in the course
of any investigation, and information obtained or furnished
under this title in connection with international agreements,
treaties, or obligations shall be withheld from public
disclosure, and shall not be subject to disclosure under
section 552 of title 5, United States Code, unless the release
of the information is determined by the President to be in the
national interest.''.
SEC. 1024. CRIMINAL AND CIVIL PENALTIES UNDER THE INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT.
(a) Increased Civil Penalty.--Section 206(a) of the International
Emergency Economic Powers Act (50 U.S.C. 1705(a)), is amended by
striking ``$10,000'' and inserting ``$50,000''.
(b) Increased Criminal Fine.--Section 206(b) of the International
Emergency Economic Powers Act (50 U.S.C. 1705(b)), is amended to read
as follows:
``(b) Whoever willfully violates any license, order, or regulation
issued under this chapter shall be fined not more that $1,000,000 if an
organization (as defined in section 18 of title 18, United States
Code), and not more than $250,000, imprisoned not more that 10 years,
or both, if an individual.''.
SEC. 1025. ATTEMPTED VIOLATIONS OF THE TRADING WITH THE ENEMY ACT.
Section 16 of the Trading with the Enemy Act (50 U.S.C. App. 16) is
amended--
(1) in subsection (a), by inserting ``or attempt to
violate'' after ``violate'' each time it appears; and
(2) in subsection (b)(1), by inserting ``or attempts to
violate'' after ``violates''.
SEC. 1026. JURISDICTION OVER CERTAIN FINANCIAL CRIMES COMMITTED ABROAD.
Section 1029 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Jurisdiction Over Certain Financial Crimes Committed
Abroad.--Any person who, outside the jurisdiction of the United States,
engages in any act that, if committed within the jurisdiction of the
United States, would constitute an offense under subsection (a) or (b),
shall be subject to the same penalties as if that offense had been
committed in the United States, if the act--
``(1) involves an access device issued, owned, managed, or
controlled by a financial institution, account issuer, credit
card system member, or other entity within the jurisdiction of
the United States; and
``(2) causes, or if completed would have caused, a transfer
of funds from or a loss to an entity listed in paragraph
(1).''.
CHAPTER 6--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST
INTERNATIONAL CRIME
SEC. 1027. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS.
(a) In General.--Chapter 117 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1790. Assistance to foreign authorities
``(a) In General.--
``(1) Presentation of requests.--The Attorney General may
present a request made by a foreign government for assistance
with respect to a foreign investigation, prosecution, or
proceeding regarding a criminal matter pursuant to a treaty,
convention, or executive agreement for mutual legal assistance
between the United States and that government or in accordance
with section 1782, the execution of which requires or appears
to require the use of compulsory measures in more than 1
judicial district, to a judge or judge magistrate of--
``(A) any 1 of the districts in which persons who
may be required to appear to testify or produce
evidence or information reside or are found, or in
which evidence or information to be produced is located; or
``(B) the United States District Court for the
District of Columbia.
``(2) Authority of court.--A judge or judge magistrate to
whom a request for assistance is presented under paragraph (1)
shall have the authority to issue those orders necessary to
execute the request including orders appointing a person to
direct the taking of testimony or statements and the production
of evidence or information, of whatever nature and in whatever
form, in execution of the request.
``(b) Authority of Appointed Persons.--A person appointed under
subsection (a)(2) shall have the authority to--
``(1) issue orders for the taking of testimony or
statements and the production of evidence or information, which
orders may be served at any place within the United States;
``(2) administer any necessary oath; and
``(3) take testimony or statements and receive evidence and
information.
``(c) Persons Ordered To Appear.--A person ordered pursuant to
subsection (b)(1) to appear outside the district in which that person
resides or is found may, not later than 10 days after receipt of the
order--
``(1) file with the judge or judge magistrate who
authorized execution of the request a motion to appear in the
district in which that person resides or is found or in which
the evidence or information is located; or
``(2) provide written notice, requesting appearance in the
district in which the person resides or is found or in which
the evidence or information is located, to the person issuing
the order to appear, who shall advise the judge or judge
magistrate authorizing execution.
``(d) Transfer of Requests.--
``(1) In general.--The judge or judge magistrate may
transfer a request under subsection (c), or that portion
requiring the appearance of that person, to the other district
if--
``(A) the inconvenience to the person is
substantial; and
``(B) the transfer is unlikely to adversely affect
the effective or timely execution of the request or a
portion thereof.
``(2) Execution.--Upon transfer, the judge or judge
magistrate to whom the request or a portion thereof is
transferred shall complete its execution in accordance with
subsections (a) and (b).''.
(b) Technical and Conforming Amendment.--The analysis for chapter
117 of title 28, United States Code, is amended by adding at the end
the following:
``1790. Assistance to foreign authorities.''.
SEC. 1028. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.
(a) In General.--Section 3508 of title 18, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 3508. Temporary transfer of witnesses in custody'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer Authority.--
``(1) In general.--If the testimony of a person who is
serving a sentence, in pretrial detention, or otherwise being
held in custody in the United States, is needed in a foreign
criminal proceeding, the Attorney General shall have the
authority to--
``(A) temporarily transfer that person to the
foreign country for the purpose of giving the
testimony;
``(B) transport that person from the United States
in custody;
``(C) make appropriate arrangements for custody for
that person while outside the United States; and
``(D) return that person in custody to the United
States from the foreign country.
``(2) Persons held for state law violations.--If the person
is being held in custody for a violation of State law, the
Attorney General may exercise the authority described in this
subsection if the appropriate State authorities give their
consent.
``(c) Return of Persons Transferred.--
``(1) In general.--If the transfer to or from the United
States of a person in custody for the purpose of giving
testimony is provided for by treaty or convention, by this
section, or both, that person shall be returned to the United
States, or to the foreign country from which the person is
transferred.
``(2) Limitation.--In no event shall the return of a person
under this subsection require any request for extradition or
extradition proceedings, or require that person to be subject
to deportation or exclusion proceedings under the laws of the
United States, or the foreign country from which the person is
transferred.
``(d) Applicability of International Agreements.--If there is an
international agreement between the United States and the foreign
country in which a witness is being held in custody or to which the
witness will be transferred from the United States, that provides for
the transfer, custody, and return of those witnesses, the terms and
conditions of that international agreement shall apply. If there is no
such international agreement, the Attorney General may exercise the
authority described in subsections (a) and (b) if both the foreign
country and the witness give their consent.
``(e) Rights of Persons Transferred.--
``(1) Notwithstanding any other provision of law, a person
held in custody in a foreign country who is transferred to the
United States pursuant to this section for the purpose of
giving testimony--
``(A) shall not by reason of that transfer, during
the period that person is present in the United States
pursuant to that transfer, be entitled to apply for or
obtain any right or remedy under the Immigration and
Nationality Act, including the right to apply for or be
granted asylum or withholding of deportation or any
right to remain in the United States under any other
law; and
``(B) may be summarily removed from the United
States upon order of the Attorney General.
``(2) Rule of construction.--Nothing in this subsection may
be construed to create any substantive or procedural right or
benefit to remain in the United States that is legally
enforceable in a court of law of the United States or of a
State by any party against the United States or its agencies or
officers.
``(f) Consistency With International Obligations.--The Attorney
General shall not take any action under this section to transfer or
return a person to a foreign country unless the Attorney General
determines, after consultation with the Secretary of State, that
transfer or return would be consistent with the international
obligations of the United States. A determination by the Attorney
General under this subsection shall not be subject to judicial review
by any court.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
223 of title 18, United States Code, is amended by striking the item
relating to section 3508 and inserting the following:
``3508. Temporary transfer of witnesses in custody.''.
SEC. 1029. TRAINING OF FOREIGN LAW ENFORCEMENT AGENCIES.
Section 660(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2420(b)) is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(7) with respect to assistance, including training,
provided for antiterrorism purposes.''.
SEC. 1030. DISCRETIONARY AUTHORITY TO USE FORFEITURE PROCEEDS.
Section 524(c)(1) of title 28, United States Code, is amended by--
(1) redesignating subparagraph (I) beginning with ``after
all'' as subparagraph (J);
(2) in subparagraph (J) as redesignated, striking the
period and inserting ``, and''; and
(3) adding at the end the following:
``(J) at the discretion of the Attorney General,
payments to return forfeited property repatriated to
the United States by a foreign government or others
acting at the direction of a foreign government, and
interest earned on the property, if--
``(i) a final foreign judgment entered
against a foreign government or those acting at
its direction, which foreign judgment was based
on the measures, such as seizure and
repatriation of property, that resulted in
deposit of the funds into the Fund;
``(ii) the foreign judgment was entered and
presented to the Attorney General not later
than 5 years after the date on which the
property was repatriated to the United States;
``(iii) the foreign government or those
acting at its direction vigorously defended its
actions under its own laws; and
``(iv) the amount of the disbursement does
not exceed the amount of funds deposited to the
Fund, plus interest earned on those funds
pursuant to section 524(c)(5), less any awards
and equitable shares paid by the Fund to the
foreign government or those acting at its
direction in connection with a particular
case.''.
Subtitle B--International Drug Control
SEC. 1201. ANNUAL COUNTRY PLANS FOR DRUG-TRANSIT AND DRUG PRODUCING
COUNTRIES.
Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j)
is amended by adding at the end the following:
``(i) Country Plans for Major Drug-Transit and Major Illicit Drug
Producing Countries.--
``(1) Annual requirement.--Not later than November 1 of
each year, the President shall submit to Congress a separate
plan for the activities to be undertaken by the United States
in order to address drug-trafficking and other drug-related
matters in each country described in paragraph (2).
``(2) Covered countries.--A country referred to in
paragraph (1) is any country--
``(A) that is determined by the President to be a
major drug-transit country or a major illicit drug
producing country; and
``(B) with which the United States is maintaining
diplomatic relations.
``(3) Form.--Each plan under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.''.
SEC. 1202. PROHIBITION ON USE OF FUNDS FOR COUNTERNARCOTICS ACTIVITIES
AND ASSISTANCE.
(a) Prohibition.--Notwithstanding any other provision of law, no
funds appropriated for any fiscal year after fiscal year 1999 for the
counterdrug or counternarcotics activities of the United States
(including funds appropriated for assistance to other countries for
such activities) may be obligated or expended for such activities
during the period beginning on November 1 of such fiscal year and
ending on the later of--
(1) the date of the notification required in such fiscal
year under subsection (h) of section 490 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j); or
(2) the date of the submittal of the plans required by
subsection (i) of that section, as amended by section 1201 of
this title.
(b) Limitation on Override.--No provision of law enacted after the
date of the enactment of this Act may be construed to override the
prohibition set forth in subsection (a) unless such provision
specifically refers to such prohibition in effecting the override.
SEC. 1203. SENSE OF CONGRESS REGARDING COLOMBIA.
It is the sense of Congress--
(1) that the provision of counternarcotics assistance to
Colombia will not meet the purpose of the provision of such
assistance without meaningful guarantees that no production,
manufacturing, or transportation of narcotics takes place in
any area in Colombia designated as a so-called ``buffer zone'';
(2) to be concerned regarding continuing reports of human
rights violations by units of the Colombia military; and
(3) to reaffirm the policy that no aid, supplies, or other
assistance should be provided to any military or law
enforcement unit of a foreign country if such unit has engaged
in any violation of human rights.
SEC. 1204. SENSE OF CONGRESS REGARDING MEXICO.
It is the sense of Congress that--
(1) the United States and the Government of Mexico should
conclude a maritime agreement for purposes of improving
cooperation between the United States and Mexico in the
interdiction of seaborne drug smuggling;
(2) the maritime agreement should be similar to agreements
between the United States and governments of other countries in
the Caribbean and Latin America which have proven beneficial to
the counterdrug activities of the countries concerned;
(3) the Government of Mexico should carry through on its
promises to the United States Government regarding cooperation
between such governments in counternarcotics activities,
including cooperation in matters relating to extradition,
prosecutions for money laundering, and other matters;
(4) the Government of Mexico is to be commended for its
cooperation with and support of the United States Government in
many law enforcement matters; and
(5) the continuing investigation by the Government of
Mexico of United States law enforcement personnel who
participated in the money laundering sting operation known as
CASABLANCA is an attempt by that government to embarrass and
harass such personnel even though such personnel were acting
within the scope of United States law and Mexican law in
pursuing drug traffickers and money launderers operating both
in the United States and in Mexico.
SEC. 1205. SENSE OF CONGRESS REGARDING IRAN.
It is the sense of Congress to express concern that Iran was not
included on the most recent list of countries determined to be major
drug-transit countries or major illicit drug producing countries
despite recent evidence that Iran is a production and transfer point
for narcotics.
SEC. 1206. SENSE OF CONGRESS REGARDING SYRIA.
It is the sense of Congress to express concern that Syria was not
included on the most recent list of countries determined to be major
drug-transit countries or major illicit drug producing countries
despite recent evidence that Syria is a trans-shipment point for
narcotics from Turkey and from Afghanistan.
SEC. 1207. BRAZIL.
(a) King Air Aircraft for DEA Activities in Brazil.--
Notwithstanding any other provision of law, the Administrator of the
Drug Enforcement Administration may--
(1) purchase a King Air aircraft for purposes of
Administration activities in Brazil; and
(2) station the aircraft in Brazil for purposes of such
activities.
(b) Sense of Congress Regarding Assistance to Brazil.--It is the
sense of Congress--
(1) to encourage the President to review the nature of the
cooperation between the United States and Brazil in
counternarcotics activities;
(2) to recognize the extraordinary threat that narcotics
trafficking poses to the national security of Brazil and to the
national security of the United States;
(3) to applaud the efforts of the Brazil Government to
control drug trafficking in and through the Amazon River basin;
(4) to applaud the enactment of legislation by the Brazil
Congress that--
(A) authorizes appropriate personnel to damage,
render inoperative, or destroy aircraft within Brazil
territory that are reasonably suspected to be engaged
primarily in trafficking in illicit narcotics; and
(B) contains measures to protect against the loss
of innocent life during activities referred to in
subparagraph (A), including an effective measure to
identify and warn aircraft before the use of force; and
(5) to urge the President to issue a statement outlining
the matters referred to in paragraphs (1) through (4) in order
to prevent any interruption in the current provision by the
United States of operational, logistical, technical,
administrative, and intelligence assistance to Brazil.
SEC. 1208. JAMAICA.
(a) Requirement for Aerial Survey.--The President shall take
appropriate actions in order to provide for a comprehensive aerial
survey of Jamaica for purposes of determining the quantity and location
of any marijuana and other illegal drugs being grown in Jamaica.
(b) Sense of Congress.--It is the sense of Congress to express
disappointment regarding the lack of progress and cooperation between
the United States and Jamaica in counternarcotics activities.
SEC. 1209. SENSE OF CONGRESS REGARDING NORTH KOREA.
It is the sense of Congress--
(1) to be concerned regarding an increase in the number of
reports of drug trafficking in and through North Korea;
(2) to encourage the President to submit to Congress the
reports, if any, required by law regarding the production and
trafficking of narcotics in or through North Korea; and
(3) to express concern that the Department of State has
evaded its obligations with respect to North Korea under
section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j), and thereby diminished the significance to the United
States of narcotics production and transit in and through North
Korea, in order to enhance cultural exchanges between the United States
and North Korea.
Subtitle C--Foreign Military Counter-Drug Support
SEC. 1301. REPORT.
(a) Monthly Report.--The Department of State and the Department of
Defense shall report monthly to the Committee on International
Relations and the Committee on National Security of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Armed Services of the Senate on the current status of any
formal letter of request for any foreign military sales of counter
narcotics-related assistance from the head of any police, military, or
other appropriate security agency official in an Andean Country. This
report shall include--
(1) the date the initial request was made;
(2) the current status of the request;
(3) the remaining approvals needed to process the request;
(4) the date that the request has been approved by all
relevant departments and agencies; and
(5) the expected delivery time for the requested material.
(b) Analysis.--The Department of State shall review and forward to
Congress an analysis of the current foreign military sales program
within 180 days (from time of enactment). This review shall focus on--
(1) what, if any, are the current delays in the foreign
military sales program;
(2) the manner in which the program can be streamlined;
(3) the manner in which the efficiency of processing
requested equipment can be increased; and
(4) what, if any, legislative changes are necessary to
improve the program so that the time from request to delivery
is minimized.
Subtitle D--Money Laundering Deterrence
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Money Laundering Deterrence Act
of 1999''.
SEC. 1402. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the dollar amount involved in international money
laundering likely exceeds $500,000,000,000 annually;
(2) organized crime groups are continually devising new
methods to launder the proceeds of illegal activities in an
effort to subvert the transaction reporting requirements of
subchapter II of chapter 53 of title 31, United States Code,
and chapter 2 of Public Law 91-508;
(3) a number of methods to launder the proceeds of criminal
activity were identified and described in congressional
hearings, including the use of financial service providers that
are not depository institutions, such as money transmitters and
check cashing services, the purchase and resale of durable
goods, and the exchange of foreign currency in the so-called
``black market'';
(4) recent successes in combating domestic money laundering
have involved the application of the heretofore seldom-used
authority granted to the Secretary of the Treasury and the
cooperative efforts of Federal, State, and local law
enforcement agencies; and
(5) such successes have been exemplified by the
implementation of the geographic targeting order in New York
City and through the work of the El Dorado task force, a group
comprised of agents of Department of the Treasury law
enforcement agencies, New York State troopers, and New York
City police officers.
(b) Purposes.--The purposes of this title are--
(1) to amend subchapter II of chapter 53 of title 31,
United States Code, to provide the law enforcement community
with the necessary legal authority to combat money laundering;
(2) to broaden the law enforcement community's access to
transactional information already being collected that relates
to coins and currency received in a nonfinancial trade or
business; and
(3) to express the sense of Congress that the Secretary of
the Treasury should expedite the development and implementation
of controls designed to deter money laundering activities at
certain types of financial institutions.
SEC. 1403. REPORTING OF SUSPICIOUS ACTIVITIES.
(a) Amendment Relating to Civil Liability Immunity for
Disclosures.--Section 5318(g)(3) of title 31, United States Code, is
amended to read as follows:
``(3) Liability for disclosures.--
``(A) In general.--Notwithstanding any other
provision of law, an exempted entity, as defined in
subparagraph (B), shall not be liable to any person
under any law or regulation of the United States, any
constitution, law, or regulation of any State or
political subdivision thereof, or under any contract or
other legally enforceable agreement (including any
arbitration agreement), for a disclosure described in
subparagraph (B)(i), or for any failure to notify the
person who is the subject of the disclosure or any
other person identified in the disclosure.
``(B) Exempted entities.--For purposes of this
paragraph, the term `exempted entity' means--
``(i) any financial institution that--
``(I) makes a disclosure of any
possible violation of law or regulation
to an appropriate government agency; or
``(II) makes a disclosure pursuant
to this subsection or any other
authority;
``(ii) any director, officer, employee, or
agent of an institution referred to in clause
(i) who makes, or requires another to make a
disclosure referred to in clause (i); and
``(iii) any independent public accountant
who audits any such financial institution and
makes a disclosure described in clause (i).''.
(b) Prohibition on Notification of Disclosures.--Section 5318(g)(2)
of title 31, United States Code, is amended to read as follows:
``(2) Notification prohibited.--
``(A) In general.--If a financial institution, any
director, officer, employee, or agent of any financial
institution, or any independent public accountant who
audits any such financial institution, voluntarily or
pursuant to this section or any other authority,
reports a suspicious transaction to an appropriate
government agency--
``(i) the financial institution, director,
officer, employee, agent, or accountant may not
notify any person involved in the transaction
that the transaction has been reported and may
not disclose any information included in the
report to any such person; and
``(ii) no other person, including any
officer or employee of any government, who has
any knowledge that such report was made, may
disclose to any other person or government
agency the fact that such report was made.
``(B) Exception for use by government officers in
official capacity.--Paragraph (1) does not apply to the
use or disclosure by an officer or employee of an
appropriate government agency of any report under this
subsection, or information included in the report, to
the extent that the use is made solely in conjunction
with the performance of the official duties of the
officer or employee to conduct or assist in the conduct
of a law enforcement or regulatory inquiry,
investigation, or proceeding.
``(C) Coordination with paragraph (5).--
Subparagraph (A) shall not be construed to prohibit any
financial institution, or any director, officer,
employee, or agent of a financial institution, from
including, in a written employment reference that is
provided in accordance with paragraph (5) in response
to a request from another financial institution,
information that was included in a report to which
subparagraph (A) applies, but such written employment
reference may not disclose that the information was
also included in any such report or that a report was
made.''.
(c) Authorization To Include Suspicions of Illegal Activity in
Employment References.--Section 5318(g) of title 31, United States
Code, is amended by adding at the end the following:
``(5) Employment references may include suspicions of
involvement in illegal activity.--
``(A) In general.--Notwithstanding any other
provision of law, and subject to subparagraph (B) of
this paragraph and paragraph (2)(C), any financial
institution, and any director, officer, employee, or
agent of a financial institution, may disclose, in any
written employment reference relating to a current or
former institution-affiliated party of the institution
that is provided to another financial institution in
response to a request from the other institution,
information concerning the possible involvement of the
institution-affiliated party in any suspicious
transaction relevant to a possible violation of law or
regulation.
``(B) Limit on liability for disclosures.--A
financial institution, and any director, officer,
employee, or agent of the institution, shall not be
liable to any person under any law or regulation of the
United States, any constitution, law, or regulation of
any State or political subdivision thereof, or under
any contract or other legally enforceable agreement
(including any arbitration agreement), for any
disclosure under subparagraph (A), to the extent that--
``(i) the disclosure does not contain
information that the institution, director,
officer, employee, agent, or accountant knows
to be false; and
``(ii) the institution, director, officer,
employee, agent, or accountant has not acted
with malice or with reckless disregard for the
truth in making the disclosure.
``(C) Institution-affiliated party defined.--For
purposes of this paragraph, the term `institution-
affiliated party' has the same meaning as in section
3(u) of the Federal Deposit Insurance Act, except that
section 3(u) shall be applied by substituting the term
`financial institution' for the term `insured
depository institution'.''.
(d) Amendments Relating to Availability of Suspicious Activity
Reports for Other Agencies.--Section 5319 of title 31, United States
Code, is amended--
(1) in the first sentence, by striking ``5314, or 5316''
and inserting ``5313A, 5314, 5316, or 5318(g)'';
(2) in the last sentence, by inserting ``under section
5313, 5313A, 5314, 5316, or 5318(g)'' after ``records of
reports''; and
(3) by adding at the end the following: ``The Secretary of
the Treasury may permit the dissemination of information in any
such report to any self-regulatory organization (as defined in
section 3(a)(26) of the Securities Exchange Act of 1934), if
the Securities and Exchange Commission determines that the
dissemination is necessary or appropriate to permit the self-
regulatory organization to perform its functions under the
Securities Exchange Act of 1934 and regulations prescribed
under that Act.''.
SEC. 1404. EXPANSION OF SCOPE OF SUMMONS POWER.
Section 5318(b)(1) of title 31, United States Code, is amended by
inserting ``examinations to determine compliance with the requirements
of this subchapter, section 21 of the Federal Deposit Insurance Act,
and chapter 2 of Public Law 91-508 and regulations prescribed pursuant
to those provisions, investigations relating to reports filed by
financial institutions or other persons pursuant to any such provision
or regulation, and'' after ``in connection with''.
SEC. 1405. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND
CERTAIN RECORDKEEPING REQUIREMENTS.
(a) Civil Penalty for Violation of Targeting Order.--Section
5321(a)(1) of title 31, United States Code, is amended by inserting
``or order issued'' after ``regulation prescribed''.
(b) Criminal Penalties for Violation of Targeting Order.--
Subsections (a) and (b) of section 5322 of title 31, United States
Code, are amended by inserting ``or order issued'' after ``regulation
prescribed'' each place that term appears.
(c) Structuring Transactions To Evade Targeting Order or Certain
Recordkeeping Requirements.--Section 5324(a) of title 31, United States
Code, is amended--
(1) by inserting a comma after ``shall'';
(2) by striking ``section--'' and inserting ``section, the
reporting requirements imposed by any order issued under
section 5326, or the recordkeeping requirements imposed by any
regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508--
''; and
(3) in paragraphs (1) and (2), by inserting ``,
to file a report required by any order issued under section
5326, or to maintain a record required pursuant to any
regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508'' after
``regulation prescribed under any such section'' each place
that term appears.
(d) Increase in Civil Penalties for Violation of Certain
Recordkeeping Requirements.--
(1) Federal deposit insurance act.--Section 21(j)(1) of the
Federal Deposit Insurance Act (12 U.S.C. 1829b(j)(1)) is
amended by striking ``$10,000'' and inserting ``the greater
of--
``(A) the amount (not to exceed $100,000) involved
in the transaction (if any) with respect to which the
violation occurred; or
``(B) $25,000''.
(2) Public law 91-508.--Section 125(a) of Public Law 91-508
(12 U.S.C. 1955(a)) is amended by striking ``$10,000'' and
inserting ``the greater of--
``(1) the amount (not to exceed $100,000) involved in the
transaction (if any) with respect to which the violation
occurred; or
``(2) $25,000''.
(e) Criminal Penalties for Violation of Certain Recordkeeping
Requirements.--
(1) Section 126.--Section 126 of Public Law 91-508 (12
U.S.C. 1956) is amended to read as follows:
``SEC. 126. CRIMINAL PENALTY.
``A person that willfully violates this chapter, section 21 of the
Federal Deposit Insurance Act, or a regulation prescribed under this
chapter or that section 21, shall be fined not more than $250,000, or
imprisoned for not more than 5 years, or both.''.
(2) Section 127.--Section 127 of Public Law 91-508 (12
U.S.C. 1957) is amended to read as follows:
``SEC. 127. ADDITIONAL CRIMINAL PENALTY IN CERTAIN CASES.
``A person that willfully violates this chapter, section 21 of the
Federal Deposit Insurance Act, or a regulation prescribed under this
chapter or that section 21, while violating another law of the United
States or as part of a pattern of any illegal activity involving more
than $100,000 in a 12-month period, shall be fined not more than
$500,000, imprisoned for not more than 10 years, or both.''.
SEC. 1406. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
Section 407(d) of the Money Laundering Suppression Act of 1994 (31
U.S.C. 5311 note) is amended by striking ``subsection (c)'' and
inserting ``subsection (c)(2)''.
SEC. 1407. LIMITED EXEMPTION FROM PAPERWORK REDUCTION ACT.
Section 3518(c)(1) of title 44, United States Code, is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) pursuant to regulations prescribed or orders issued
by the Secretary of the Treasury under section 5318(h) or 5326
of title 31;''.
SEC. 1408. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of the Treasury
should, in conjunction with the Board of Governors of the Federal
Reserve System, expedite the promulgation of ``know your customer''
regulations for financial institutions.
Subtitle E--Additional Funding For Source and Interdiction Zone
Countries
SEC. 1501. SOURCE ZONE COUNTRIES.
In addition to other amounts appropriated for Colombia and Peru for
counternarcotics operations for a fiscal year, there is authorized to
be appropriated--
(1) $20,000,000 for Peru for each of fiscal years 2000 and
2001 for supporting additional surveillance, pursuit of drug
aircraft, and general support for counternarcotics operations;
(2) $75,000,000 for Colombia for each of fiscal years 2000
and 2001, for supporting additional surveillance, pursuit of
drug aircraft, and general support for counternarcotics
operations, including the acquisition of a minimum of 3
Blackhawk helicopters and 2 aerostats; and
(3) $52,000,000 for Bolivian counternarcotics programs for
fiscal year 2000, including high technology detection equipment
for the Chapare region, institution building, and law
enforcement support.
SEC. 1502. CENTRAL AMERICA.
In addition to the other amounts appropriated, under this Act or
any other provision of law, for counternarcotics matters for countries
in Central America, there is authorized to be appropriated $25,000,000
for fiscal year 2000 for enhanced efforts in counternarcotics matters
by the United States Coast Guard, the United States Customs Service,
and other law enforcement agencies.
TITLE II--DOMESTIC LAW ENFORCEMENT
Subtitle A--Criminal Offenders
SEC. 2001. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED VIOLENT
CRIMINALS.
(a) Congressional Oversight.--
(1) Report to attorney general.--Not later than 90 days
after the date of enactment of this Act, the Attorney General
shall require each United States Attorney to--
(A) establish an armed violent criminal
apprehension task force comprised of appropriate law
enforcement representatives, which shall be responsible
for developing strategies for removing armed violent
criminals from the streets; and
(B) not less frequently than monthly, report to the
Attorney General on the number of defendants charged
with, or convicted of, violating section 922(g) or 924
of title 18, United States Code, in the district for
which the United States Attorney is appointed.
(2) Report to congress.--The Attorney General shall prepare
and submit a report to the Congress once every 6 months
detailing the contents of the reports submitted pursuant to
paragraph (1)(B).
(b) Pretrial Detention For Possession of Firearms or Explosives By
Convicted Felons.--Section 3156(a)(4) of title 18, United States Code,
is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking ``and'' at the end of subparagraph (C) and
inserting ``; or''; and
(3) by adding at the end the following:
``(D) an offense that is a violation of section
842(i) or 922(g) (relating to possession of explosives
or firearms by convicted felons); and''.
(c) Conforming Scienter Change For Transferring a Firearm To Commit
a Crime of Violence.--Section 924(h) of title 18, United States Code,
is amended by inserting ``or having reasonable cause to believe'' after
``knowing''.
(d) Firearms Possession By Violent Felons and Serious Drug
Offenders.--Section 924(a)(2) of title 18, United States Code, is
amended--
(1) by striking ``(2) Whoever'' and inserting ``(2)(A)
Except as provided in subparagraph (B), any person who''; and
(2) by adding at the end the following:
``(B) Notwithstanding any other provision of law, the court
shall not grant a probationary sentence to a person who has
more than 1 previous conviction for a violent felony or a
serious drug offense, committed under different
circumstances.''.
SEC. 2002. CRIMINAL ATTEMPT.
(a) Establishment of General Attempt Offense.--
(1) In general.--Chapter 19 of title 18, United States
Code, is amended--
(A) in the chapter heading, by striking
``Conspiracy'' and inserting ``Inchoate offenses''; and
(B) by adding at the end the following:
``Sec. 374. Attempt to commit offense
``(a) In General.--Whoever, acting with the state of mind otherwise
required for the commission of an offense described in this title,
intentionally engages in conduct that, in fact, constitutes a
substantial step toward the commission of the offense, is guilty of an
attempt and is subject to the same penalties as those prescribed for
the offense, the commission of which was the object of the attempt,
except that the penalty of death shall not be imposed.
``(b) Inability To Commit Offense; Completion of Offense.--It is
not a defense to a prosecution under this section--
``(1) that it was factually impossible for the actor to
commit the offense, if the offense could have been committed
had the circumstances been as the actor believed them to be; or
``(2) that the offense attempted was completed.
``(c) Exceptions.--This section does not apply--
``(1) to an offense consisting of conspiracy, attempt,
endeavor, or solicitation;
``(2) to an offense consisting of an omission, refusal,
failure of refraining to act;
``(3) to an offense involving negligent conduct; or
``(4) to an offense described in section 1118, 1120, 1121,
or 1153 of this title.
``(d) Affirmative Defense.--
``(1) In general.--It is an affirmative defense to a
prosecution under this section, on which the defendant bears
the burden of persuasion by a preponderance of the evidence,
that, under circumstances manifesting a voluntary and complete
renunciation of criminal intent, the defendant prevented the
commission of the offense.
``(2) Definition.--For purposes of this subsection, a
renunciation is not `voluntary and complete' if it is motivated
in whole or in part by circumstances that increase the
probability of detection or apprehension or that make it more
difficult to accomplish the offense, or by a decision to
postpone the offense until a more advantageous time or to
transfer the criminal effort to a similar objective or
victim.''.
(2) Technical and Conforming Amendment.--The analysis for
chapter 19 of title 18, United States Code, is amended by
adding at the end the following:
``374. Attempt to commit offense.''.
(b) Rationalization of Conspiracy Penalty and Creation of
Renunciation Defense.--Section 371 of title 18, United States Code, is
amended--
(1) by striking the second undesignated paragraph; and
(2) in the first undesignated paragraph--
(A) by striking ``If two or more'' and inserting
the following:
``(a) In General.--If 2 or more''; and
(B) by striking ``either to commit any offense
against the United States, or''; and
(3) by adding at the end the following:
``(b) Conspiracy.--If 2 or more persons conspire to commit any
offense against the United States, and 1 or more of such persons do any
act to effect the object of the conspiracy, each shall be subject to
the same penalties as those prescribed for the most serious offense,
the commission of which was the object of the conspiracy, except that
the penalty of death shall not be imposed.''.
SEC. 2003. DRUG OFFENSES COMMITTED IN THE PRESENCE OF CHILDREN.
(a) In General.--For the purposes of this Act, an offense is
committed in the presence of a child if--
(1) it takes place in the line of sight of an individual
who has not attained the age of 18 years; or
(2) an individual who has not attained the age of 18 years
habitually resides in the place where the violation occurs.
(b) Guidelines.--Not later than 120 days after the date of
enactment of this Act, the United States Sentencing Commission shall
amend the Federal sentencing guidelines to provide, with respect to an
offense under part D of the Controlled Substances Act is committed in
the presence of a child--
(1) a sentencing enhancement of not less than 2 offense
levels above the base offense level for the underlying offense
or 1 additional year, whichever is greater; and
(2) in the case of a second or subsequent such offense, a
sentencing enhancement of not less than 4 offense levels above
the base offense level for the underlying offense, or 2
additional years, whichever is greater.
SEC. 2004. SENSE OF CONGRESS ON BORDER DEFENSE.
(a) Findings.--Congress finds that--
(1) the Southwest Border of the United States is a major
crossing point for more than 60 percent of the cocaine entering
the United States from Latin America;
(2) drug traffickers are increasingly using violence to
threaten local residents, to endanger lives, and destroy
property;
(3) drug traffickers are creating a law enforcement no-
man's land to facilitate drug trafficking on the Mexican side
of the common border and using extortionate methods, illegal
riches, and intimidation to acquire property on the United
States side of the border; and
(4) United States law enforcement efforts have been
insufficient to protect lives and property or to prevent the
use of illegally obtained riches to acquire property.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President, in cooperation with the Government of
Mexico, should take immediate and effective action at and near
the United States border with Mexico to control violence and
other illegal acts directed at the respective residents of both
countries; and
(2) the Attorney General should submit to the Committees on
the Judiciary of the House of Representatives and the Senate a
report on--
(A) what steps are being taken to ensure the safety
of United States citizens at and near the United States
border with Mexico;
(B) what steps are being taken to prevent the
illegal acquisition of sites and facilities at or near
the border by drug traffickers; and
(C) what further steps need to be taken to ensure
the safety and well being of the people of the United
States along the United States border with Mexico.
SEC. 2005. CLONE PAGERS.
(a) In General.--Section 2511(2)(h) of title 18, United States
Code, is amended by striking clause (i) and inserting the following:
``(i) to use a pen register, a trap and
trace device, or a clone pager, as those terms
are defined in chapter 206 (relating to pen
registers, trap and trace devices, and clone
pagers) of this title; or'';
(b) Exception.--Section 3121 of title 18, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in this section, no person
may install or use a pen register, trap and trace device, or clone
pager without first obtaining a court order under section 3123 or
section 3129 of this title, or under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).'';
(2) in subsection (b), by striking ``a pen register or a
trap and trace device'' and inserting ``a pen register, trap
and trace device, or clone pager''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3121. General prohibition on pen register, trap and trace
device, and clone pager use; exception''.
(c) Assistance.--Section 3124 of title 18, United States Code, is
amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Clone Pager.--Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized to use
a clone pager under this chapter, a provider of electronic
communication service shall furnish to such investigative or law
enforcement officer all information, facilities, and technical
assistance necessary to accomplish the use of the clone pager
unobtrusively and with a minimum of interference with the services that
the person so ordered by the court provides to the subscriber, if such
assistance is directed by a court order, as provided in section
3129(b)(2) of this title.''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3124. Assistance in installation and use of a pen register, trap
and trace device, or clone pager''.
(d) Emergency Installations.--Section 3125 of title 18, United
States Code, is amended--
(1) by striking ``pen register or a trap and trace device''
and ``pen register or trap and trace device'' each place those
terms appear, and inserting ``pen register, trap and trace
device, or clone pager'';
(2) in subsection (a), by striking ``an order approving the
installation or use is issued in accordance with section 3123
of this title'' and inserting ``an application is made for an
order approving the installation or use in accordance with
section 3122 or section 3128 of this title'';
(3) in subsection (b), by adding at the end the following:
``In the event that such application for the use of a clone
pager is denied, or in any other case in which the use of the
clone pager is terminated without an order having been issued,
an inventory shall be served as provided for in section
3129(e).''; and
(4) by striking the section heading and inserting the
following:
``Sec. 3125. Emergency pen register, trap and trace device, and clone
pager installation and use''.
(e) Reports.--Section 3126 of title 18, United States Code, is
amended--
(1) by striking ``pen register orders and orders for trap
and trace devices'' and inserting ``orders for pen registers,
trap and trace devices, and clone pagers''; and
(2) by striking the section heading and inserting the
following:
``Sec. 3126. Reports concerning pen registers, trap and trace devices,
and clone pagers''.
(f) Definitions.--Section 3127 of title 18, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the
end; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) with respect to an application for the use of
a pen register or trap and trace device, a court of
general criminal jurisdiction of a State authorized by
the law of that State to enter orders authorizing the
use of a pen register or a trap and trace device; or
``(C) with respect to an application for the use of
a clone pager, a court of general criminal jurisdiction
of a State authorized by the law of that State to issue
orders authorizing the use of a clone pager;'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) the term `clone pager' means a numeric display device
that receives communications intended for another numeric
display paging device.''.
(g) Applications.--Chapter 206 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
``(a) Application.--
``(1) Federal representatives.--Any attorney for the
Government may apply to a court of competent jurisdiction for
an order or an extension of an order under section 3129 of this
title authorizing the use of a clone pager.
``(2) State representatives.--A State investigative or law
enforcement officer may, if authorized by a State statute,
apply to a court of competent jurisdiction of such State for an
order or an extension of an order under section 3129 of this
title authorizing the use of a clone pager.
``(b) Contents of Application.--An application under subsection (a)
of this section shall include--
``(1) the identity of the attorney for the Government or
the State law enforcement or investigative officer making the
application and the identity of the law enforcement agency
conducting the investigation;
``(2) the identity, if known, of the individual or
individuals using the numeric display paging device to be
cloned;
``(3) a description of the numeric display paging device to
be cloned;
``(4) a description of the offense to which the information
likely to be obtained by the clone pager relates;
``(5) the identity, if known, of the person who is subject
of the criminal investigation; and
``(6) an affidavit or affidavits, sworn to before the court
of competent jurisdiction, establishing probable cause to
believe that information relevant to an ongoing criminal
investigation being conducted by that agency will be obtained
through use of the clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
``(a) In General.--Upon an application made under section 3128 of
this title, the court shall enter an ex parte order authorizing the use
of a clone pager within the jurisdiction of the court if the court
finds that the application has established probable cause to believe
that information relevant to an ongoing criminal investigation being
conducted by that agency will be obtained through use of the clone
pager.
``(b) Contents of an Order.--An order issued under this section--
``(1) shall specify--
``(A) the identity, if known, of the individual or
individuals using the numeric display paging device to
be cloned;
``(B) the numeric display paging device to be
cloned;
``(C) the identity, if known, of the subscriber to
the pager service; and
``(D) the offense to which the information likely
to be obtained by the clone pager relates; and
``(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical assistance
necessary to use the clone pager under section 3124 of this
title.
``(c) Time Period and Extensions.--
``(1) In general.--An order issued under this section shall
authorize the use of a clone pager for a period not to exceed
30 days. Such 30-day period shall begin on the earlier of the
day on which the investigative or law enforcement officer first
begins use of the clone pager under the order or the tenth day
after the order is entered.
``(2) Extensions.--Extensions of an order issued under this
section may be granted, but only upon an application for an
order under section 3128 of this title and upon the judicial
finding required by subsection (a). An extension under this
paragraph shall be for a period not to exceed 30 days.
``(3) Report.--Within a reasonable time after the
termination of the period of a clone pager order or any
extensions thereof under this subsection, the applicant shall
report to the issuing court the number of numeric pager
messages acquired through the use of the clone pager during
such period.
``(d) Nondisclosure of Existence of Clone Pager.--An order
authorizing the use of a clone pager shall direct that--
``(1) the order shall be sealed until otherwise ordered by
the court; and
``(2) the person who has been ordered by the court to
provide assistance to the applicant may not disclose the
existence of the clone pager or the existence of the
investigation to the listed subscriber, or to any other person,
until otherwise ordered by the court.
``(e) Notification.--Within a reasonable time, not later than 90
days after the date of termination of the period of a clone pager order
or any extensions thereof, the issuing judge shall cause to be served,
on the individual or individuals using the numeric display paging
device that was cloned, an inventory including notice of--
``(1) the fact of the entry of the order or the
application;
``(2) the date of the entry and the period of clone pager
use authorized, or the denial of the application; and
``(3) whether or not information was obtained through the
use of the clone pager. Upon an ex-parte showing of good cause,
a court of competent jurisdiction may in its discretion
postpone the serving of the notice required by this section.''.
(h) Clerical Amendments.--The table of sections for chapter 206 of
title 18, United States Code, is amended--
(1) by striking the item relating to section 3121 and
inserting the following:
``3121. General prohibition on pen register, trap and trace device, and
clone pager use; exception.'';
(2) by striking the items relating to sections 3124, 3125,
and 3126 and inserting the following:
``3124. Assistance in installation and use of a pen register, trap and
trace device, or clone pager.
``3125. Emergency pen register, trap and trace device, and clone pager
installation and use.
``3126. Reports concerning pen registers, trap and trace devices, and
clone pagers.''; and
(3) by adding at the end the following:
``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager''.
(i) Conforming Amendment.--Section 605(a) of title 47, United
States Code, is amended by striking ``chapter 119'' and inserting
``chapters 119 and 206''.
Subtitle B--Methamphetamine Laboratory Cleanup
SEC. 2101. SENSE OF CONGRESS REGARDING METHAMPHETAMINE LABORATORY
CLEANUP.
(a) Findings.--Congress finds that--
(1) methamphetamine use is increasing;
(2) the production of methamphetamine is increasingly
taking place in laboratories located in rural and urban areas;
(3) this production involves dangerous and explosive
chemicals that are dumped in an unsafe manner; and
(4) the cost of cleaning up these productionsites involves
major financial burdens on State and local law enforcement
agencies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administrator of the Drug Enforcement
Administration should develop a comprehensive plan for
addressing the need for the speedy and safe clean up of
methamphetamine laboratory sites; and
(2) the Federal Government should allocate sufficient
funding to pay for a comprehensive effort to clean up
methamphetamine laboratory sites.
Subtitle C--Powder Cocaine Mandatory Minimum Sentencing
SEC. 2201. SENTENCING FOR VIOLATIONS INVOLVING COCAINE POWDER.
(a) Amendment of Controlled Substances Act.--
(1) Large quantities.--Section 401(b)(1)(A)(ii) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(A)(ii)) is
amended by striking ``5 kilograms'' and inserting ``500
grams''.
(2) Small quantities.--Section 401(b)(1)(B)(ii) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is
amended by striking ``500 grams'' and inserting ``50 grams''.
(b) Amendment of Controlled Substances Import and Export Act.--
(1) Large quantities.--Section 1010(b)(1)(B) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)(B)) is amended by striking ``5 kilograms'' and
inserting ``500 grams''.
(2) Small quantities.--Section 1010(b)(2)(B) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)(2)(B)) is amended by striking ``500 grams'' and
inserting ``50 grams''.
(c) Amendment of Sentencing Guidelines.--Pursuant to section 994 of
title 28, United States Code, the United States Sentencing Commission
shall amend the Federal sentencing guidelines to reflect the amendments
made by this section.
Subtitle D--Drug-Free Borders
SEC. 2301. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE.
Section 542 of title 18, United States Code, is amended by striking
``two years'' and inserting ``5 years''.
SEC. 2302. INCREASED NUMBER OF BORDER PATROL AGENTS.
Section 101(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is
amended to read as follows:
``(a) Increased Number of Border Patrol Agents.--The Attorney
General in each of fiscal years 2000, 2001, 2002, 2003, and 2004 shall
increase by not less than 1,500 the number of positions for full-time,
active-duty border patrol agents within the Immigration and
Naturalization Service above the number of such positions for which
funds were allotted for the preceding fiscal year, to achieve a level
of 15,000 positions by fiscal year 2004.''.
SEC. 2303. ENHANCED BORDER PATROL PURSUIT POLICY.
A border patrol agent of the United States Border Patrol may not
cease pursuit of an alien who the agent suspects has unlawfully entered
the United States, or an individual who the agent suspects has
unlawfully imported a narcotic into the United States, until State or
local law enforcement authorities are in pursuit of the alien or
individual and have the alien or individual in their visual range.
TITLE III--DEMAND REDUCTION
Subtitle A--Education, Prevention, and Treatment
SEC. 3001. SENSE OF CONGRESS ON REAUTHORIZATION OF SAFE AND DRUG-FREE
SCHOOLS AND COMMUNITIES ACT OF 1994.
(a) Findings.--Congress finds that--
(1) drug and alcohol use continue to plague the Nation's
youth;
(2) approximately 5.6 percent of high school seniors
currently smoke marijuana daily;
(3) the American public has identified drugs as the most
serious problem facing its children today;
(4) delinquent behavior is clearly linked to the frequency
of marijuana use; and
(5) 89 percent of students in grades 6 through 12 say their
teachers have taught them about the dangers of drugs and
alcohol.
(b) Sense of Congress.--It is the sense of Congress that Congress
and the President should make the reauthorization of the Safe and Drug-
Free Schools and Communities Act of 1994 a high priority for the 106th
Congress, and that such reauthorization should maintain substance abuse
prevention as a major focus of the program.
SEC. 3002. SENSE OF CONGRESS REGARDING REAUTHORIZATION OF PREVENTION
AND TREATMENT PROGRAMS.
(a) Findings.--Congress finds that--
(1) 34.8 percent of Americans 12 years of age and older
have used an illegal drug in their lifetime and 90 percent of
these individuals have used marijuana or hashish and
approximately 30 percent have tried cocaine;
(2) the number of teenagers using drugs has increased
significantly over the past 5 years;
(3) drug abuse is a health issue being faced in every
community, town, State and region of this country;
(4) no one is immune from drug abuse, and such abuse
threatens Americans of every socioeconomic background, every
educational level, and every race and ethnic origin;
(5) in 1990 the United States spent $67,000,000,000 on
drug-related disorders including health costs, the costs of
crime, the costs of accidents and other damages to individuals
and property, and the costs of the loss of productivity and
premature death;
(6) comprehensive prevention activities can help youth in
saying no to drugs;
(7) there are over 6,000 community coalitions throughout
the nation helping the youth of America choose a healthy life
style;
(8) individuals with addictive disorders should be held
accountable for their actions and should be offered treatment
to help change destructive behavior;
(9) a balanced approach to dealing with drug abuse is
needed in the United States between reducing the demand for
drugs and the supply of those drugs and a comprehensive plan
for addressing drug abuse will involve prevention, education
and treatment as well as law enforcement and interdiction; and
(10) the Substance Abuse and Mental Health Services
Administration is the lead Federal agency for substance abuse
prevention and treatment initiatives.
(b) Sense of Congress.--It is the sense of Congress that Congress
and the President should--
(1) make the reauthorization of Federal substance abuse
prevention and treatment programs a high priority for the 106th
Congress; and
(2) provide more flexibility to States in the use of
Federal funds for provision of drug abuse prevention and
treatment services while holding States accountable for their
performance.
SEC. 3003. REPORT ON DRUG-TESTING TECHNOLOGIES.
(a) Requirement.--The National Institute on Standards and
Technology shall conduct a study of drug-testing technologies in order
to identify and assess the efficacy, accuracy, and usefulness for
purposes of the National effort to detect the use of illicit drugs of
any drug-testing technologies (including the testing of hair) that may
be used as alternatives or complements to urinalysis as a means of
detecting the use of such drugs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Institute shall submit to Congress a report
on the results of the study conducted under subsection (a).
SEC. 3004. USE OF NATIONAL INSTITUTES OF HEALTH SUBSTANCE ABUSE
RESEARCH.
(a) National Institute on Alcohol Abuse and Alcoholism.--Section
464H of the Public Health Service Act (42 U.S.C. 285n) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Requirement to Ensure That Research Aids Practitioners.--The
Director, in conjunction with the Director of the National Institute on
Drug Abuse and the Director of the Center for Substance Abuse
Treatment, shall--
``(1) ensure that the results of all current alcohol
research that is set aside for services (and other appropriate
research with practical consequences) is widely disseminated to
treatment practitioners in an easily understandable format;
``(2) ensure that such research results are disseminated in
a manner that provides easily understandable steps for the
implementation of best practices based on the research; and
``(3) make technical assistance available to the Center for
Substance Abuse Treatment to assist alcohol and drug treatment
practitioners to make permanent changes in treatment activities
through the use of successful treatment models.''.
(b) National Institute on Drug Abuse.--Section 464L of the Public
Health Service Act (42 U.S.C. 285o) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Requirement to Ensure That Research Aids Practitioners.--The
Director, in conjunction with the Director of the National Institute on
Alcohol Abuse and Alcoholism and the Director of the Center for
Substance Abuse Treatment, shall--
``(1) ensure that the results of all current drug abuse
research that is set aside for services (and other appropriate
research with practical consequences) is widely disseminated to
treatment practitioners in an easily understandable format;
``(2) ensure that such research results are disseminated in
a manner that provides easily understandable steps for the
implementation of best practices based on the research; and
``(3) make technical assistance available to the Center for
Substance Abuse Treatment to assist alcohol and drug treatment
practitioners to make permanent changes in treatment activities
through the use of successful treatment models.''.
SEC. 3005. NEEDLE EXCHANGE.
(a) Prohibition Regarding Illegal Drugs and Distribution of
Hypodermic Needles.--Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the
following section:
``prohibition regarding illegal drugs and distribution of hypodermic
needles
``Sec. 247. Notwithstanding any other provision of law, none of the
amounts made available under any Federal law for any fiscal year may be
expended, directly or indirectly, to carry out any program of
distributing sterile needles or syringes for the hypodermic injection
of any illegal drug.''.
(b) Conforming Amendment.--Section 506 of Public Law 105-78 is
repealed.
SEC. 3006. DRUG-FREE TEEN DRIVERS INCENTIVE.
(a) In general.--The Secretary of Transportation shall establish an
incentive grant program for States to assist the States in improving
their laws relating to controlled substances and driving.
(b) Grant requirements.--To qualify for a grant under subsection
(a), a State shall carry out the following:
(1) Enact, actively enforce, and publicize a law that makes
it illegal to drive in the State with any measurable amount of
an illegal controlled substance in the driver's body. An
illegal controlled substance is a controlled substance for
which an individual does not have a legal written prescription.
An individual who is convicted of such illegal driving shall be
referred to appropriate services, including intervention,
counselling, and treatment.
(2) Enact, actively enforce, and publicize a law that makes
it illegal to drive in the State when driving is impaired by
the presence of any drug. The State shall provide that in the
enforcement of such law, a driver shall be tested for the
presence of a drug when there is evidence of impaired driving
and a driver will have the driver's license suspended. An
individual who is convicted of such illegal driving shall be
referred to appropriate services, including intervention,
counselling, and treatment.
(3) Enact, actively enforce, and publicize a law that
authorizes the suspension of a driver's license if the driver
is convicted of any criminal offense relating to drugs.
(4) Enact a law that provides that beginning driver
applicants and other individuals applying for or renewing a
driver's license will be provided information about the laws
referred to in paragraphs (1), (2), and (3) and will be
required to answer drug-related questions on their
applications.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2000 through 2004 to
carry out this section.
SEC. 3007. DRUG-FREE SCHOOLS.
Congress finds that--
(1) the continued presence in schools of violent students
who are a threat to both teachers and other students is
incompatible with a safe learning environment;
(2) unsafe school environments place students who are
already at risk of school failure for other reasons in further
jeopardy;
(3) recently, over one-fourth of high school students
surveyed reported being threatened at school;
(4) 2,000,000 more children are using drugs in 1997 than
were doing so a few short years prior to 1997;
(5) more of our children are becoming involved with hard
drugs at earlier ages, as use of heroin and cocaine by 8th
graders has more than doubled since 1991; and
(6) greater cooperation between schools, parents, law
enforcement, the courts, and the community is essential to
making our schools safe from drugs and violence.
SEC. 3008. VICTIM AND WITNESS ASSISTANCE PROGRAMS FOR TEACHERS AND
STUDENTS.
(a) Victim Compensation.--Section 1403 of the Victims of Crime Act
of 1984 (42 U.S.C. 10602) is amended by adding at the end the
following:
``(f) Victims of School Violence.--
``(1) In general.--Notwithstanding any other provision of
law, an eligible crime victim compensation program may expend
funds appropriated under paragraph (2) to offer compensation to
elementary and secondary school students or teachers who are
victims of elementary and secondary school violence (as school
violence is defined under applicable State law).
``(2) Funding.--There is authorized to be appropriated such
sums as may be necessary to carry out paragraph (1).''.
(b) Victim and Witness Assistance.--Section 1404(c) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603(c)) is amended by adding at the
end the following:
``(5) Assistance for victims of and witnesses to school
violence.--Notwithstanding any other provision of law, the
Director may make a grant under this section for a
demonstration project or for training and technical assistance
services to a program that--
``(A) assists State educational agencies and local
educational agencies (as the terms are defined in
section 14101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8801)) in developing,
establishing, and operating programs that are designed
to protect victims of and witnesses to incidents of
elementary and secondary school violence (as school
violence is defined under applicable State law),
including programs designed to protect witnesses
testifying in school disciplinary proceedings; or
``(B) supports a student safety toll-free hotline
that provides students and teachers in elementary and
secondary schools with confidential assistance relating
to the issues of school crime, violence, drug dealing,
and threats to personal safety.''.
SEC. 3009. INNOVATIVE PROGRAMS TO PROTECT TEACHERS AND STUDENTS.
(a) Definitions.--In this section:
(1) Elementary school, local educational agency, secondary
school, and state educational agency.--The terms ``elementary
school'', ``local educational agency'', ``secondary school'',
and ``State educational agency'' have the meanings given the
terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Authorization for Report Cards on Schools.--
(1) In general.--The Secretary is authorized to award
grants to States, State educational agencies, and local
educational agencies to develop, establish, or conduct
innovative programs to improve unsafe elementary schools or
secondary schools.
(2) Priority.--The Secretary shall give priority to
awarding grants under paragraph (1) to--
(A) programs that provide parent and teacher
notification about incidents of physical violence,
weapon possession, or drug activity on school grounds
as soon after the incident as practicable;
(B) programs that provide to parents and teachers
an annual report regarding--
(i) the total number of incidents of
physical violence, weapon possession, and drug
activity on school grounds;
(ii) the percentage of students missing 10
or fewer days of school; and
(iii) a comparison, if available, to
previous annual reports under this paragraph,
which comparison shall not involve a comparison
of more than 5 such previous annual reports;
and
(C) programs to enhance school security measures
that may include--
(i) equipping schools with fences, closed
circuit cameras, and other physical security
measures;
(ii) providing increased police patrols in
and around elementary schools and secondary
schools, including canine patrols; and
(iii) mailings to parents at the beginning
of the school year stating that the possession
of a gun or other weapon, or the sale of drugs
in school, will not be tolerated by school
authorities.
(c) Application.--
(1) In general.--Each State, State educational agency, or
local educational agency desiring a grant under this subchapter
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall contain an assurance that the State or agency has
implemented or will implement policies that--
(A) provide protections for victims and witnesses
to school crime, including protections for attendance
at school disciplinary proceedings;
(B) expel students who, on school grounds, sell
drugs, or who commit a violent offense that causes
serious bodily injury of another student or teacher;
and
(C) require referral to law enforcement authorities
or juvenile authorities of any student who on school
grounds--
(i) commits a violent offense resulting in
serious bodily injury; or
(ii) sells drugs.
(3) Special rule.--For purposes of subparagraphs (B) and
(C) of paragraph (2), State law shall determine what
constitutes a violent offense or serious bodily injury.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
(e) Innovative Voluntary Random Drug Testing Programs.--Section
4116(b) of the Safe and Drug-Free Schools and Communities Act of 1994
(20 U.S.C. 7116(b)) is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) innovative voluntary random drug testing programs;
and''.
Subtitle B--Drug-Free Families
SEC. 3101. SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Families Act of
1999''.
SEC. 3102. FINDINGS.
Congress makes the following findings:
(1) The National Institute on Drug Abuse estimates that in
1962, less than one percent of the nation's adolescents had
ever tried an illicit drug. By 1979, drug use among young
people had escalated to the highest levels in history: 34
percent of adolescents (ages 12-17), 65 percent of high school
seniors (age 18), and 70 percent of young adults (ages 18-25)
had used an illicit drug in their lifetime.
(2) Drug use among young people was not confined to initial
trials. By 1979, 16 percent of adolescents, 39 percent of high
school seniors, and 38 percent of young adults had used an
illicit drug in the past month. Moreover, one in nine high
school seniors used marijuana daily.
(3) In 1979, the year the largest number of seniors used
marijuana, their belief that marijuana could hurt them was at
its lowest (35 percent) since surveys have tracked these
measures.
(4) Three forces appeared to be driving this escalation in
drug use among children and young adults. Between 1972 and
1978, a nationwide political campaign conducted by drug
legalization advocates persuaded eleven state legislatures to
``decriminalize'' marijuana. (Many of those states have
subsequently ``recriminalized'' the drug.) Such legislative
action reinforced advocates' assertion that marijuana was
``relatively harmless.''
(5) The decriminalization effort gave rise to the emergence
of ``head shops'' (shops for ``heads,'' or drug users--``coke
heads,'' ``pot heads,'' ``acid heads,'' etc.) which sold drug
paraphernalia--an array of toys, implements, and instructional
pamphlets and booklets to enhance the use of illicit drugs.
Some 30,000 such shops were estimated to be doing business
throughout the nation by 1978.
(6) In the absence of Federal funding for drug education
then, most of the drug education materials that were available
proclaimed that few illicit drugs were addictive and most were
``less harmful'' than alcohol and tobacco and therefore taught
young people how to use marijuana, cocaine, and other illicit
drugs ``responsibly''.
(7) Between 1977 and 1980, three national parent drug-
prevention organizations--National Families in Action, PRIDE,
and the National Federation of Parents for Drug-Free Youth (now
called the National Family Partnership)--emerged to help
concerned parents form some 4,000 local parent prevention
groups across the nation to reverse all of these trends in
order to prevent children from using drugs. Their work created
what has come to be known as the parents drug-prevention
movement, or more simply, the parent movement. This movement
set three goals: to prevent the use of any illegal drug, to
persuade those who had started using drugs to stop, and to
obtain treatment for those who had become addicted so that they
could return to drug-free lives.
(8) The parent movement pursued a number of objectives to
achieve these goals. First, it helped parents educate
themselves about the harmful effects of drugs, teach that
information to their children, communicate that they expected
their children not to use drugs, and establish consequences if
children failed to meet that expectation. Second, it helped
parents form groups with other parents to set common age-
appropriate social and behavioral guidelines to protect their
children from exposure to drugs. Third, it encouraged parents
to insist that their communities reinforce parents' commitment
to protect children from drug use.
(9) The parent movement stopped further efforts to
decriminalize marijuana, both in the states and at the Federal
level.
(10) The parent movement worked for laws to ban the sale of
drug paraphernalia. If drugs were illegal, it made no sense to
condone the sale of toys and implements to enhance the use of
illegal drugs, particularly when those products targeted
children. As town, cities, counties, and states passed anti-
paraphernalia laws, drug legalization organizations challenged
their Constitutionality in Federal courts until the early
1980's, when the United States Supreme Court upheld Nebraska's
law and established the right of communities to ban the sale
of drug paraphernalia.
(11) The parent movement insisted that drug-education
materials convey a strong no-use message in compliance with
both the law and with medical and scientific information that
demonstrates that drugs are harmful, particularly to young
people.
(12) The parent movement encouraged others in society to
join the drug prevention effort and many did, from First Lady
Nancy Reagan to the entertainment industry, the business
community, the media, the medical community, the educational
community, the criminal justice community, the faith community,
and local, state, and national political leaders.
(13) The parent movement helped to cause drug use among
young people to peak in 1979. As its efforts continued
throughout the next decade, and as others joined parents to
expand the drug-prevention movement, between 1979 and 1992
these collaborative prevention efforts contributed to reducing
monthly illicit drug use by two-thirds among adolescents and
young adults and reduced daily marijuana use among high-school
seniors from 10.7 percent to 1.9 percent. Concurrently, both
the parent movement and the larger prevention movement that
evolved throughout the 1980's, working together, increased high
school seniors' belief that marijuana could hurt them, from 35
percent in 1979 to 79 percent in 1991.
(14) Unfortunately, as drug use declined, most of the 4,000
volunteer parents groups that contributed to the reduction in
drug use disbanded, having accomplished the job they set out to
do. But the absence of active parent groups left a vacuum that
was soon filled by a revitalized drug-legalization movement.
Proponents began advocating for the legalization of marijuana
for medicine, the legalization of all Schedule I drugs for
medicine, the legalization of hemp for medicinal, industrial
and recreational use, and a variety of other proposals, all
designed to ultimately attack, weaken, and eventually repeal
the nation's drug laws.
(15) Furthermore, legalization proponents are also
beginning to advocate for treatment that maintains addicts on
the drugs to which they are addicted (heroin maintenance for
heroin addicts, controlled drinking for alcoholics, etc.), for
teaching school children to use drugs ``responsibly,'' and for
other measures similar to those that produced the drug epidemic
among young people in the 1970's.
(16) During the 1990's, the message embodied in all of this
activity has once again driven down young people's belief that
drugs can hurt them. As a result, the reductions in drug use
that occurred over 13 years reversed in 1992, and adolescent
drug use has more than doubled.
(17) Today's parents are almost universally in the
workplace and do not have time to volunteer. Many families are
headed by single parents. In some families no parents are
available, and grandparents, aunts, uncles, or foster parents
are raising the family's children.
(18) Recognizing that these challenges make it much more
difficult to reach parents today, several national parent and
family drug-prevention organizations have formed the Parent
Collaboration to address these issues in order to build a new
parent and family movement to prevent drug use among children.
(19) Motivating parents and parent groups to coordinate
with local community anti-drug coalitions is a key goal of the
Parent Collaboration, as well as coordinating parent and family
drug-prevention efforts with Federal, State, and Local
governmental and private agencies and political, business,
medical and scientific, educational, criminal justice,
religious, and media and entertainment industry leaders.
SEC. 3103. PURPOSES.
The purposes of this subtitle are to--
(1) build a movement to help parents and families prevent
drug use among their children and adolescents;
(2) help parents and families reduce drug abuse and drug
addiction among adolescents who are already using drugs, and
return them to drug-free lives;
(3) increase young people's perception that drugs are
harmful to their health, well-being, and ability to function
successfully in life;
(4) help parents and families educate society that the best
way to protect children from drug use and all of its related
problems is to convey a clear, consistent, no-use message;
(5) strengthen coordination, cooperation, and collaboration
between parents and families and all others who are interested
in protecting children from drug use and all of its related
problems;
(6) help parents strengthen their families, neighborhoods,
and school communities to reduce risk factors and increase
protective factors to ensure the healthy growth of children;
and
(7) provide resources in the fiscal year 2000 Federal drug
control budget for a grant to the Parent Collaboration to
conduct a national campaign to mobilize today's parents and
families through the provision of information, training,
technical assistance, and other services to help parents and
families prevent drug use among their children and to build a
new parent and family drug-prevention movement.
SEC. 3104. DEFINITIONS.
In this subtitle:
(1) Administrative costs.--The term ``administrative
costs'' means to those costs that the assigned Federal agency
will incur to administer the grant to the Parent Collaboration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Drug Enforcement Administration.
(3) No-use message.--The term ``no-use message'' means no
use of any illegal drug and no illegal use of any legal drug or
substance that is sometimes used illegally, such as
prescription drugs, inhalants, and alcohol and tobacco for
children and adolescents under the legal purchase age.
(4) Parent collaboration.--The term ``Parent
Collaboration'' means the legal entity, which is exempt from
income taxation under section 501(c)(3) of the Internal Revenue
Code of 1986, established by National Families in Action,
National Asian Pacific American Families Against Substance
Abuse, African American Parents for Drug Prevention, National
Association for Native American Children of Alcoholics, and the
National Hispano/Latino Community Prevention Network and other
groups, that--
(A) have a primary mission of helping parents
prevent drug use, drug abuse, and drug addiction among
their children, their families, and their communities;
(B) have carried out this mission for a minimum of
5 consecutive years; and
(C) base their drug-prevention missions on the
foundation of a strong, no-use message in compliance
with international, Federal, State, and local treaties
and laws that prohibit the possession, production,
cultivation, distribution, sale, and trafficking in
illicit drugs;
in order to build a new parent and family movement to prevent
drug use among children and adolescents
SEC. 3105. ESTABLISHMENT OF DRUG-FREE FAMILIES SUPPORT PROGRAM.
(a) In General.--The Administrator shall make a grant to the Parent
Collaboration to conduct a national campaign to build a new parent and
family movement to help parents and families prevent drug abuse among
their children.
(c) Termination.--The period of this grant under this section shall
be 5 years.
SEC. 3106. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $5,000,000 for each of fiscal years 2000 through 2004
for a grant to the Parent Collaboration to conduct the national
campaign to mobilize parents and families.
(b) Administrative Costs.--Not more than 5 percent of the total
amount made available under subsection (a) in each fiscal year may be
used to pay administrative costs of the Parent Collaboration.
TITLE IV--FUNDING FOR UNITED STATES COUNTER-DRUG ENFORCEMENT AGENCIES
SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.
(a) Drug Enforcement and Other Noncommercial Operations.--
Subparagraphs (A) and (B) of section 301(b)(1) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(1)(A) and (B)) are amended to read as follows:
``(A) $997,300,584 for fiscal year 2000.
``(B) $1,100,818,328 for fiscal year 2001.''.
(b) Commercial Operations.--Clauses (i) and (ii) of section
301(b)(2)(A) of such Act (19 U.S.C. 2075(b)(2)(A)(i) and (ii)) are
amended to read as follows:
``(i) $990,030,000 for fiscal year 2000.
``(ii) $1,009,312,000 for fiscal year 2001.''.
(c) Air and Marine Interdiction.--Subparagraphs (A) and (B) of
section 301(b)(3) of such Act (19 U.S.C. 2075(b)(3)(A) and (B)) are
amended to read as follows:
``(A) $229,001,000 for fiscal year 2000.
``(B) $176,967,000 for fiscal year 2001.''.
(d) Submission of Out-Year Budget Projections.--Section 301(a) of
such Act (19 U.S.C. 2075(a)) is amended by adding at the end the
following:
``(3) Not later than the date on which the President submits to
Congress the budget of the United States Government for a fiscal year,
the Commissioner of Customs shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate the projected amount of funds for the succeeding fiscal year
that will be necessary for the operations of the Customs Service as
provided for in subsection (b).''.
SEC. 4002. CARGO INSPECTION AND NARCOTICS DETECTION EQUIPMENT.
(a) Fiscal Year 2000.--Of the amounts made available for fiscal
year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by
section 4001(a) of this title, $100,036,000 shall be available until
expended for acquisition and other expenses associated with
implementation and deployment of narcotics detection equipment along
the United States-Mexico border, the United States-Canada border, and
Florida and the Gulf Coast seaports, as follows:
(1) United states-mexico border.--For the United States-
Mexico border, the following:
(A) $6,000,000 for 8 Vehicle and Container
Inspection Systems (VACIS).
(B) $11,000,000 for 5 mobile truck x-rays with
transmission and backscatter imaging.
(C) $12,000,000 for the upgrade of 8 fixed-site
truck x-rays from the present energy level of 450,000
electron volts to 1,000,000 electron volts (1-MeV).
(D) $7,200,000 for 8 1-MeV pallet x-rays.
(E) $1,000,000 for 200 portable contraband
detectors (busters) to be distributed among ports where
the current allocations are inadequate.
(F) $600,000 for 50 contraband detection kits to be
distributed among all southwest border ports based on
traffic volume.
(G) $500,000 for 25 ultrasonic container inspection
units to be distributed among all ports receiving
liquid-filled cargo and to ports with a hazardous
material inspection facility.
(H) $2,450,000 for 7 automated targeting systems.
(I) $360,000 for 30 rapid tire deflator systems to
be distributed to those ports where port runners are a
threat.
(J) $480,000 for 20 portable Treasury Enforcement
Communications Systems (TECS) terminals to be moved
among ports as needed.
(K) $1,000,000 for 20 remote watch surveillance
camera systems at ports where there are suspicious
activities at loading docks, vehicle queues, secondary
inspection lanes, or areas where visual surveillance or
observation is obscured.
(L) $1,254,000 for 57 weigh-in-motion sensors to be
distributed among the ports with the greatest volume of
outbound traffic.
(M) $180,000 for 36 AM traffic information radio
stations, with 1 station to be located at each border
crossing.
(N) $1,040,000 for 260 inbound vehicle counters to
be installed at every inbound vehicle lane.
(O) $950,000 for 38 spotter camera systems to
counter the surveillance of customs inspection
activities by persons outside the boundaries of ports
where such surveillance activities are occurring.
(P) $390,000 for 60 inbound commercial truck
transponders to be distributed to all ports of entry.
(Q) $1,600,000 for 40 narcotics vapor and particle
detectors to be distributed to each border crossing.
(R) $400,000 for license plate reader automatic
targeting software to be installed at each port to
target inbound vehicles.
(S) $1,000,000 for a demonstration site for a high-
energy relocatable rail car inspection system with an
x-ray source switchable from 2,000,000 electron volts
(2-MeV) to 6,000,000 electron volts (6-MeV) at a shared
Department of Defense testing facility for a two-month
testing period.
(2) United states-canada border.--For the United States-
Canada border, the following:
(A) $3,000,000 for 4 Vehicle and Container
Inspection Systems (VACIS).
(B) $8,800,000 for 4 mobile truck x-rays with
transmission and backscatter imaging.
(C) $3,600,000 for 4 1-MeV pallet x-rays.
(D) $250,000 for 50 portable contraband detectors
(busters) to be distributed among ports where the
current allocations are inadequate.
(E) $300,000 for 25 contraband detection kits to be
distributed among ports based on traffic volume.
(F) $240,000 for 10 portable Treasury Enforcement
Communications Systems (TECS) terminals to be moved
among ports as needed.
(G) $400,000 for 10 narcotics vapor and particle
detectors to be distributed to each border crossing
based on traffic volume.
(H) $600,000 for 30 fiber optic scopes.
(I) $250,000 for 50 portable contraband detectors
(busters) to be distributed among ports where the
current allocations are inadequate.
(J) $3,000,000 for 10 x-ray vans with particle
detectors.
(K) $40,000 for 8 AM loop radio systems.
(L) $400,000 for 100 vehicle counters.
(M) $1,200,000 for 12 examination tool trucks.
(N) $2,400,000 for 3 dedicated commuter lanes.
(O) $1,050,000 for 3 automated targeting systems.
(P) $572,000 for 26 weigh-in-motion sensors.
(Q) $480,000 for 20 portable Treasury Enforcement
Communication Systems (TECS).
(3) Florida and gulf coast seaports.--For Florida and the
Gulf Coast seaports, the following:
(A) $4,500,000 for 6 Vehicle and Container
Inspection Systems (VACIS).
(B) $11,800,000 for 5 mobile truck x-rays with
transmission and backscatter imaging.
(C) $7,200,000 for 8 1-MeV pallet x-rays.
(D) $250,000 for 50 portable contraband detectors
(busters) to be distributed among ports where the
current allocations are inadequate.
(E) $300,000 for 25 contraband detection kits to be
distributed among ports based on traffic volume.
(b) Fiscal Year 2001.--Of the amounts made available for fiscal
year 2001 under section 301(b)(1)(B) of the Customs Procedural Reform
and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by
section 4001(a) of this title, $9,923,500 shall be for the maintenance
and support of the equipment and training of personnel to maintain and
support the equipment described in subsection (a).
(c) Acquisition of Technologically Superior Equipment; Transfer of
Funds.--
(1) In general.--The Commissioner of Customs may use
amounts made available for fiscal year 2000 under section
301(b)(1)(A) of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as
amended by section 4001(a) of this title, for the acquisition
of equipment other than the equipment described in subsection
(a) if such other equipment--
(A)(i) is technologically superior to the equipment
described in subsection (a); and
(ii) will achieve at least the same results at a
cost that is the same or less than the equipment
described in subsection (a); or
(B) can be obtained at a lower cost than the
equipment described in subsection (a).
(2) Transfer of funds.--Notwithstanding any other provision
of this section, the Commissioner of Customs may reallocate an
amount not to exceed 10 percent of--
(A) the amount specified in any of subparagraphs
(A) through (R) of subsection (a)(1) for equipment
specified in any other of such subparagraphs (A)
through (R);
(B) the amount specified in any of subparagraphs
(A) through (Q) of subsection (a)(2) for equipment
specified in any other of such subparagraphs (A)
through (Q); and
(C) the amount specified in any of subparagraphs
(A) through (E) of subsection (a)(3) for equipment
specified in any other of such subparagraphs (A)
through (E).
SEC. 4003. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT.
Of the amounts made available for fiscal years 2000 and 2001 under
subparagraphs (A) and (B) of section 301(b)(1) of the Customs
Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(1)(A) and (B)), as amended by section 4001(a) of this title,
$159,557,000, including $5,673,600, until expended, for investigative
equipment, for fiscal year 2000 and $220,351,000 for fiscal year 2001
shall be available for the following:
(1) A net increase of 535 inspectors, 120 special agents,
and 10 intelligence analysts for the United States-Mexico
border and 375 inspectors for the United States-Canada border,
in order to open all primary lanes on such borders during peak
hours and enhance investigative resources.
(2) A net increase of 285 inspectors and canine enforcement
officers to be distributed at large cargo facilities as needed
to process and screen cargo (including rail cargo) and reduce
commercial waiting times on the United States-Mexico border and
a net increase of 125 inspectors to be distributed at large
cargo facilities as needed to process and screen cargo
(including rail cargo) and reduce commercial waiting times on
the United States-Canada border.
(3) A net increase of 40 inspectors at sea ports in
southeast Florida to process and screen cargo.
(4) A net increase of 70 special agent positions, 23
intelligence analyst positions, 9 support staff, and the
necessary equipment to enhance investigation efforts targeted
at internal conspiracies at the Nation's seaports.
(5) A net increase of 360 special agents, 30 intelligence
analysts, and additional resources to be distributed among
offices that have jurisdiction over major metropolitan drug or
narcotics distribution and transportation centers for
intensification of efforts against drug smuggling and money
laundering organizations.
(6) A net increase of 2 special agent positions to re-
establish a Customs Attache office in Nassau.
(7) A net increase of 62 special agent positions and 8
intelligence analyst positions for maritime smuggling
investigations and interdiction operations.
(8) A net increase of 50 positions and additional resources
to the Office of Internal Affairs to enhance investigative
resources for anticorruption efforts.
(9) The costs incurred as a result of the increase in
personnel hired pursuant to this section.
SEC. 4004. AIR AND MARINE OPERATION AND MAINTENANCE FUNDING.
(a) Fiscal Year 2000.--Of the amounts made available for fiscal
year 2000 under subparagraphs (A) and (B) of section 301(b)(3) of the
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(3) (A) and (B)) as amended by section 4001(c) of this title,
$130,513,000 shall be available until expended for the following:
(1) $96,500,000 for Customs aircraft restoration and
replacement initiative.
(2) $15,000,000 for increased air interdiction and
investigative support activities.
(3) $19,013,000 for marine vessel replacement and related
equipment.
(b) Fiscal Year 2001.--Of the amounts made available for fiscal
year 2001 under subparagraphs (A) and (B) of section 301(b)(3) of the
Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C.
2075(b)(3) (A) and (B)) as amended by section 4001(c) of this title,
$75,524,000 shall be available until expended for the following:
(1) $36,500,000 for Customs Service aircraft restoration
and replacement.
(2) $15,000,000 for increased air interdiction and
investigative support activities.
(3) $24,024,000 for marine vessel replacement and related
equipment.
SEC. 4005. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.
As part of the annual performance plan for each of the fiscal years
2000 and 2001 covering each program activity set forth in the budget of
the United States Customs Service, as required under section 1115 of
title 31, United States Code, the Commissioner of Customs shall
establish performance goals and performance indicators, and comply with
all other requirements contained in paragraphs (1) through (6) of
subsection (a) of such section with respect to each of the activities
to be carried out pursuant to sections 1002 and 1003 of this title.
SEC. 4006. COMMISSIONER OF CUSTOMS SALARY.
(a) In General.--
(1) Section 5315 of title 5, United States Code, is amended
by striking the following item:
``Commissioner of Customs, Department of Treasury.''.
(2) Section 5314 of title 5, United States Code, is amended
by inserting the following item:
``Commissioner of Customs, Department of Treasury.''.
(b) Effective Date.--The amendments made by this section shall
apply to fiscal year 2000 and thereafter.
SEC. 4007. PASSENGER PRECLEARANCE SERVICES.
(a) Continuation of Preclearance Services.--Notwithstanding section
13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(f)) or any other provision of law, the Customs Service
shall, without regard to whether a passenger processing fee is
collected from a person departing for the United States from Canada and
without regard to whether funds are appropriated pursuant to subsection
(b), provide the same level of enhanced preclearance customs services
for passengers arriving in the United States aboard commercial aircraft
originating in Canada as the Customs Service provided for such
passengers during fiscal year 1997.
(b) Authorization of Appropriations for Preclearance Services.--
Notwithstanding section 13031(f) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) or any other provision of
law, there are authorized to be appropriated, from the date of
enactment of this Act through September 30, 2001, such sums as may be
necessary for the Customs Service to ensure that it will continue to
provide the same, and where necessary increased, levels of enhanced
preclearance customs services as the Customs Service provided during
fiscal year 1997, in connection with the arrival in the United States
of passengers aboard commercial aircraft whose flights originated in
Canada.
Subtitle B--United States Coast Guard
SEC. 4101. ADDITIONAL FUNDING FOR OPERATION AND MAINTENANCE.
In addition to amounts to be appropriated for the United States
Coast Guard for fiscal year 2000, there is authorized to be
appropriated $100,000,000 for each of fiscal years 2000 and 2001 for
operation and maintenance.
Subtitle C--Drug Enforcement Administration
SEC. 4201. ADDITIONAL FUNDING FOR COUNTERNARCOTICS AND INFORMATION
SUPPORT OPERATIONS.
In addition to amounts to be appropriated for the Drug Enforcement
Administration for fiscal year 2000, there is authorized to be
appropriated $120,000,000 for fiscal year 2000 for counternarcotics and
information support operations.
Subtitle D--Department of the Treasury
SEC. 4301. ADDITIONAL FUNDING FOR COUNTER-DRUG INFORMATION SUPPORT.
In addition to the other amounts to be appropriated for the
Department of the Treasury for fiscal year 2000, there is authorized to
be appropriated $50,000,000 for each of the fiscal years 2000 and 2001
for counternarcotics, information support, and money laundering
efforts.
Subtitle E--Department of Defense
SEC. 4401. ADDITIONAL FUNDING FOR EXPANSION OF COUNTERNARCOTICS
ACTIVITIES.
In addition to other amounts to be appropriated for the Department
of Defense for fiscal year 2000, there is authorized to be appropriated
$200,000,000 for each of fiscal years 2000 and 2001 to be used to
expand activities to stop the flow of illegal drugs into the United
States.
SEC. 4402. FORWARD MILITARY BASE FOR COUNTERNARCOTICS MATTERS.
(a) The Secretary of the Air Force may acquire real property and
carry out military construction projects in the amount of $300,000,000
to establish an air base, or air bases for use for support of
counternarcotics operations in the areas of the southern Caribbean Sea,
northern South America, and the eastern Pacific Ocean, to be located in
Latin America or the area of the Caribbean Sea, or both.
(b) There is authorized to be appropriated such sums as may be
necessary for fiscal year 2000, and any succeeding fiscal year, for
military construction and land acquisition for an airbase referred to
subsection (a).
SEC. 4403. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Defense for fiscal year 2000,
$100,000,000 for purposes of the procurement of a Relocatable Over the
Horizon Radar (ROTHR) to be located in South America.
(b) Authorization To Locate.--The Relocatable Over the Horizon
Radar procured pursuant to the authorization of appropriations in
subsection (a) may be located at a location in South America that is
suitable for purposes of providing enhanced radar coverage of narcotics
source zone countries in South America.
SEC. 4404. SENSE OF CONGRESS REGARDING FUNDING UNDER WESTERN HEMISPHERE
DRUG ELIMINATION ACT.
(a) Findings.--Congress makes the following findings:
(1) Teenage drug use in the United States has doubled since
1993.
(2) The drug crisis facing the United States poses a
paramount threat to the national security interests of the
United States.
(3) The trans-shipment of illicit drugs through United
States borders cannot be halted without an effective drug
interdiction strategy.
(4) The Clinton Administration has placed a low priority on
efforts to reduce the supply of illicit drugs, and the seizure
of such drugs by the Coast Guard and other Federal agencies has
decreased, as is evidenced by a 68 percent decrease in the
pounds of cocaine seized by such agencies between 1991 and
1996.
(5) The Western Hemisphere Drug Elimination Act was enacted
into law on October 19, 1998.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should allocate funds appropriated for
fiscal year 1999 pursuant to the authorizations of
appropriations for that fiscal year in the Western Hemisphere
Drug Elimination Act in order to carry out fully the purposes
of that Act during that fiscal year; and
(2) the President should include with the budgets for
fiscal years 2000 and 2001 that are submitted to Congress under
section 1105 of title 31, United States Code, a request for
funds for such fiscal years in accordance with the
authorizations of appropriations for such fiscal years in that
Act.
SEC. 4405. SENSE OF CONGRESS REGARDING THE PRIORITY OF THE DRUG
INTERDICTION AND COUNTERDRUG ACTIVITIES OF THE DEPARTMENT
OF DEFENSE.
It is the sense of Congress that the Secretary of Defense should
revise the Global Military Force Policy of the Department of Defense in
order--
(1) to treat the international drug interdiction and
counterdrug activities of the Department as a military
operation other than war, thereby elevating the priority given
such activities under the Policy to the next priority below the
priority given to war under the Policy and to the same priority
given to peacekeeping operations under the Policy; and
(2) to allocate the assets of the Department to such
activities in accordance with the priority given such
activities under the revised Policy.
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