S.5 - Drug-Free Century Act106th Congress (1999-2000)
|Sponsor:||Sen. DeWine, Mike [R-OH] (Introduced 01/19/1999)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 02/12/1999 Star Print ordered on the text of the bill. (All Actions)|
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Summary: S.5 — 106th Congress (1999-2000)All Information (Except Text)
Introduced in Senate (01/19/1999)
TABLE OF CONTENTS:
Title I: International Supply Reduction
Subtitle A: International Crime
Subtitle B: International Drug Control
Subtitle C: Foreign Military Counter-Drug Support
Subtitle D: Money Laundering Deterrence
Subtitle E: Additional Funding For Source and
Interdiction Zone Countries
Title II: Domestic Law Enforcement
Subtitle A: Criminal Offenders
Subtitle B: Methamphetamine Laboratory Cleanup
Subtitle C: Powder Cocaine Mandatory Minimum Sentencing
Subtitle D: Drug-Free Borders
Title III: Domestic Demand Reduction
Subtitle A: Education, Prevention, and Treatment
Subtitle B: Drug-Free Families
Title IV: Funding For United States Counter-Drug Enforcement
Subtitle B(sic): United States Coast Guard
Subtitle C: Drug Enforcement Administration
Subtitle D: Department of the Treasury
Subtitle E: Department of Defense
Drug-Free Century Act - Title I: International Supply Reduction - Subtitle A: International Crime - Chapter 1: International Crime Control - International Crime Control Act of 1999 - Prohibits, and sets felony penalties for, violence committed while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements, including conspiracy and reckless endangerment.
Chapter 2: Strengthening Maritime Law Enforcement Along United States Borders - Prohibits, and sets penalties for: (1) failing to obey an order to heave to (on being so ordered by an authorized Federal law enforcement officer); and (2) failing to comply with an order of such officer in connection with the boarding of the vessel, impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law, or providing false information to such an officer during a boarding regarding the destination, origin, ownership, registration, nationality, cargo, or crew of the vessel.
Authorizes: (1) a foreign country to consent or waive objection to the enforcement of U.S. law by the United States under this subtitle by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means; (2) the Secretary of State or his or her designee to prove a consent or waiver by certification; and (3) the seizure and forfeiture of a vessel used in violation of this chapter.
(Sec. 1004) Sets a civil penalty of not more than $25,000 for failure to comply with a lawful boarding, obstruction of boarding, or provision of false information. Provides for in rem liability.
(Sec. 1005) Amends the Tariff Act of 1930 to define an "authorized place" to board vessels to include a location in a foreign country at which U.S. customs officers are permitted to conduct inspections, examinations, or searches.
Chapter 3: Smuggling of Contraband and Other Illegal Products - Prohibits, and sets penalties for, smuggling contraband and other goods from the United States and for facilitating the transportation of such goods prior to exportation. Makes such smuggling, and smuggling goods into foreign countries, a predicate offense under the money laundering statute. Amends the Tariff Act to provide for the forfeiture of merchandise illegally exported or attempted to be exported from the United States.
(Sec. 1007) Increases the penalty for entry of goods by means of false statements. Prohibits, and applies such penalty to, embezzling, stealing, or wrongfully converting to personal use funds, assets, securities, or other property entrusted to a person's care or to the care of another for the purpose of paying any lawful customs duties.
(Sec. 1008) Prohibits, and sets penalties for, false certifications relating to exports.
Chapter 4: Denying Safe Havens to International Criminals - Authorizes the Attorney 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 that government's jurisdiction, and if an extradition treaty between that government and the United States is in force but does not provide for extradition for the offense for which the person has been charged or convicted, or if no treaty is in force, to authorize the filing of a complaint for extradition, subject to specified conditions.
(Sec. 1012) Grants the Attorney General the authority, if a person is being held in pretrial detention or is otherwise in custody in a foreign county based upon a violation of the law in that country and the person is found extraditable to the United States by the competent authorities of that country while still in pretrial detention or custody, to: (1) request the temporary transfer of that person to the United States to face prosecution in a Federal or State criminal proceeding; (2) maintain the custody of that person while he or she is in the United States; and (3) return that person to the foreign country at the conclusion of the criminal prosecution, including any imposition of sentence.
Sets forth similar provisions regarding the Attorney General's authority with respect to the temporary transfer of persons in pretrial detention or custody in the United States to foreign governments seeking their extradition.
(Sec. 1013) Amends the Federal judicial code to prohibit a person from using the resources of the U.S. courts 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 U.S. jurisdiction; (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 against that person is pending.
(Sec. 1014) Removes restrictions on the transfer of foreign prisoners to serve sentences in their country of origin where provided by treaty.
(Sec. 1015) Authorizes the Attorney General to permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country.
Chapter 5: Seizing and Forfeiting Assets of International Criminals - Prohibits, and sets penalties for, violations of anti-money laundering orders.
(Sec. 1017) Provides that, for purposes of proving a violation of the prohibition against owning or operating an illegal money transmitting business, it shall be sufficient for the Government to prove that the defendant knew that the business lacked a license required by State law, and it shall not be necessary to show that the defendant knew that operation of the business without the required license was an offense punishable as a felony or misdemeanor under State law.
(Sec. 1018) Grants the district courts jurisdiction over any foreign person, including any financial institution registered in a foreign country, that commits a money laundering offense involving a financial transaction that occurs in whole or in part in the United States, if service of process is made as specified. Authorizes the court to take action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgement under this section.
(Sec.1019) Amends the money laundering statute to include foreign banks within the definition of "financial institution."
(Sec. 1021) Amends the Controlled Substances Act (CSA) to authorize the court: (1) in the case of property that has been placed beyond the court's jurisdiction, to order the defendant to return the property to the court's jurisdiction so it may be seized and forfeited; and (2) to 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, in an interest-bearing account (and sets penalties for failure to comply).
(Sec. 1022) Expands the Secretary's administrative summons authority under the Bank Secrecy Act.
(Sec. 1023) Amends the International Emergency Economic Powers Act (IEEPA) and the Trading With the Enemy Act of 1917 (TWEA) to provide that information obtained under such Acts may be withheld only to the extent permitted by statute, except that information submitted, obtained, or considered in connection with any transaction prohibited under such Acts, including license applications, licenses or other authorizations, information or evidence obtained in the course of any investigation, and information obtained or furnished in connection with international agreements, treaties, or obligations shall be withheld from public disclosure, unless the release of the information is determined by the President to be in the national interest.
(Sec. 1024) Increases the civil penalty and the criminal fine for violations of IEEPA.
(Sec. 1025) Amends TWEA to cover attempted violations of the Act.
(Sec. 1026) Specifies circumstances under which a person who commits an offense outside the United States that would constitute fraud or another prohibited related activity in connection with an access device shall be subject to the penalties for such offense as if it were committed in the United States.
Chapter 6: Promoting Global Cooperation in the Fight Against International Crime - Amends the Federal judicial code to authorize the Attorney General to present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter the execution of which requires the use of compulsory measures in more than one judicial district, to a judge or judge magistrate of any one of such districts or of the U.S. District Court for the District of Columbia. Grants such judge or magistrate the authority to issue orders to execute the request.
(Sec. 1028) Grants the Attorney General authority to temporarily transfer a person who is serving a sentence, is in pretrial detention, or is otherwise being held in U.S. custody, whose testimony is needed in a foreign criminal proceeding, subject to specified requirements, if such transfer is consistent with the international obligations of the United States.
(Sec. 1029) Amends the Foreign Assistance Act of 1961 to make an exception to the prohibition against training of foreign law enforcement agencies with respect to assistance and training provided for antiterrorism purposes.
(Sec. 1030) Authorizes the Attorney General to make payments from the Department of Justice Assets Forfeiture Fund 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 under specified conditions.
Subtitle B: International Drug Control - Amends the Foreign Assistance Act of 1961 to direct the President, by November 1 of each year, to submit to the 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 that is determined by the President to be a major drug-transit country or a major illicit drug producing country, with which the United States is maintaining diplomatic relations.
(Sec. 1202) Prohibits any funds appropriated for any fiscal year after FY 1999 for U.S. counter-drug or counter-narcotics activities from being obligated or expended for such activities between November 1 of such fiscal year and the later of the notification date required in such fiscal year under provisions of the Foreign Assistance Act of 1961 regarding authority to transfer excess defense articles or the date of the submittal of the plans required by this subtitle.
(Sec. 1203) Expresses the sense of the Congress regarding Colombia (regarding counter-narcotics assistance and human rights), Mexico (regarding a maritime agreement to improve cooperation in interdicting seaborne drug smuggling), and Iran and Syria (regarding narcotics).
(Sec. 1207) Authorizes the Administrator of the Drug Enforcement Administration (DEA) to purchase a King Air aircraft for DEA activities, and station the aircraft, in Brazil.
Expresses the sense of the Congress regarding narcotics trafficking in Brazil, Jamaica, and North Korea.
Subtitle C: Foreign Military Counter-Drug Support - Directs: (1) the Departments of State and Defense to report monthly to specified congressional committees on the current status of any formal letter of request for 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; and (2) the Department of State to review and forward to the Congress an analysis of the current foreign military sales program within 180 days of this Act's enactment.
Subtitle D: Money Laundering Deterrence - Money Laundering Deterrence Act of 1999 - Revises Federal law to expand the scope of immunity from civil liability for disclosures of suspicious monetary transactions made by: (1) a financial institution and any of its directors, officers, employees, or agents to an appropriate governmental agency; or (2) an independent accountant who audits a financial institution. Extends such immunity to any failure to notify either the subject of such disclosure, or any other person identified in it.
Prohibits notification of such disclosures or their contents: (1) to any person involved in the suspect transaction; or (2) by any government staff to other government agencies. Exempts from such prohibition any use of related information by government officers in the conduct of either official duties or law enforcement, regulatory, or investigative proceedings.
States that written employment references submitted by a financial institution to another upon request may disclose information concerning possible involvement in suspicious transactions relevant to possible illegalities. Shields from civil liability any financial institution and its directors, officers, employees, and agents for any such disclosures.
Authorizes the Secretary to disseminate information contained in such reports to certain self-regulatory organizations subject to the Securities Exchange Act of 1934, if the Securities and Exchange Commission determines it is necessary or appropriate for such organizations' statutory functions.
(Sec. 1404) Authorizes the Secretary to summon financial institution records in connection with examinations to determine compliance with designated statutory requirements.
(Sec. 1405) Provides for civil and criminal penalties for violations of orders the Secretary of the Treasury may issue to a financial institution or group of financial institutions in a geographic area (geographic targeting orders). Increases civil and criminal penalties for violations of specified record keeping requirements.
Amends the Federal Deposit Insurance Act and specified monetary law to increase civil and criminal penalties for violation of record keeping requirements.
(Sec.1406) Amends the Money Laundering Suppression Act of 1994 to repeal the requirement for a periodic status report by the Secretary to the Congress on progress by the States in enacting a model statute to implement uniform State licensing and regulation of check cashing, currency exchange, and money transmitting businesses.
(Sec.1408) Expresses the sense of the Congress that the Secretary, in conjunction with the Board of Governors of the Federal Reserve System, should expedite promulgation of "know your customer" regulations for financial institutions.
Subtitle E: Additional Funding For Source and Interdiction Zone Countries - Authorizes appropriations, beyond sums appropriated for Colombia and Peru for counter-narcotics operations for a fiscal year, for: (1) Peru and Colombia to support additional surveillance, pursuit of drug aircraft, and general support for counter-narcotics operations; and (2) Bolivian counter-narcotics programs for FY 2000.
(Sec. 1502) Authorizes additional appropriations for FY 2000 for enhanced efforts in counter-narcotics matters by the United States Coast Guard, Customs Service, and other law enforcement agencies.
Title II: Domestic Law Enforcement - Subtitle A: Criminal Offenders - Directs the Attorney General to require the United States Attorney to: (1) establish an armed violent criminal apprehension task force; and (2) report to the Attorney General, at least monthly, on the number of defendants charged with, or convicted of, violating specified provisions of the Brady Handgun Violence Prevention Act. Sets forth reporting requirements.
Amends: (1) the Federal criminal code (the code) to revise the definition of "crime of violence" to include an offense that is a violation of provisions relating to possession of explosives or firearms by convicted felons; and (2) the Brady Act to set penalties for transferring a firearm, having reasonable cause to believe (currently, knowing) that it will be used to commit a crime of violence or drug trafficking crime, and to prohibit the court from granting a probationary sentence to a person who has more than one previous conviction for a violent felony or a serious drug offense, committed under different circumstances.
(Sec. 2002) Amends the code to provide that whoever, acting with the state of mind otherwise required for the commission of a Federal criminal offense, intentionally engages in conduct that constitutes a substantial step toward the commission of the offense, is guilty of an attempt and is subject to the same penalties (except the death penalty) as those prescribed for the offense the commission of which was the object of the attempt.
Specifies that inability to commit or to complete the offense shall not be a defense to such a prosecution, with exceptions. Makes it an affirmative defense that the defendant prevented the commission of the offense under circumstances manifesting a voluntary and complete renunciation of criminal intent.
Repeals a limitation on punishment for conspiracy where an offense, the commission of which is the object of the conspiracy, is a misdemeanor.
Provides that if two or more persons conspire to commit any offense against the United States, and one or more of them do any act to effect the object of the conspiracy, each shall be subject to the same penalties (except the death penalty) as those prescribed for the most serious offense the commission of which was the object of the conspiracy.
(Sec. 2003) Specifies that, for 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 age 18; or (2) an individual who has not attained age 18 habitually resides in the place where the violation occurs. Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to provide for specified sentencing enhancements with respect to a CSA offense that is committed in the presence of a child.
(Sec. 2004) Expresses the sense of the Congress that: (1) the President should take immediate and effective action at and near the U.S.-Mexican border to control violence and other illegal acts; and (2) the Attorney General should report to the House and Senate Judiciary Committees on what steps are being taken to ensure the safety of U.S. citizens at and near the border, and to prevent the illegal acquisition of sites and facilities in such areas by drug traffickers, and what steps need to be taken to ensure the safety and well being of the people of the United States along that border.
(Sec. 2005) Amends the code to authorize the use of a clone pager (defined as a numeric display device that receives communications intended for another numeric display paging device). Prohibits the installation or use of a pen register, trap and trace device, or clone pager without first obtaining a court order under the code or under the Foreign Intelligence Surveillance Act of 1978, except as provided in this section.
Amends provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers.
Authorizes a provider of electronic communication service, upon the request of an attorney for the Government or an officer of a law enforcement agency authorized touse a clone pager, to furnish to such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the programming and use of such pager unobtrusively and with a minimum of interference with the paging services provided.
Sets forth provisions regarding application for an order for use of a clone pager and issuance of such an order.
Subtitle B: Methamphetamine Laboratory Cleanup - Requires the Sentencing Commission to promulgate, or amend existing, Federal sentencing guidelines for any offense relating to the manufacture, attempt to manufacture, or conspiracy to manufacture amphetamine or methamphetamine in violation of the CSA, the Controlled Substances Import and Export Act, or the Maritime Drug Law Enforcement Act.
Directs the Commission, with respect to each such offense, to increase the base level for the offense as specified, with an even greater increase if the offense created a substantial risk of danger to the health and safety of another person.
Grants the Commission certain emergency authority to promulgate guidelines or amendments.
(Sec. 2102) Expresses the sense of the 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 such sites.
Subtitle C: Powder Cocaine Mandatory Minimum Sentencing - Amends CSA and the Controlled Substances Import and Export Act to decrease (from five kilograms to 500 grams, and from 500 to 50 grams) the amounts of a mixture or substance containing a detectable amount of coca leaves, cocaine, ecgonine, or compounds thereof (cocaine powder) the manufacture, distribution, or possession of which is punishable by specified penalties under such Acts. Directs the U.S. Sentencing Commission to promulgate or amend guidelines to reflect the amendment made by this subtitle.
Subtitle D: Drug-Free Borders - Increases from two to five years the penalty for entry of goods by means of false statements.
(Sec. 2302) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Attorney General, in each of FY 2000 through 2004, to 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 FY 2004.
(Sec. 2303) Prohibits a border patrol agent from ceasing pursuit of an alien suspected of unlawfully entering, or of an individual unlawfully importing a narcotic into, the United States, until State or local law enforcement authorities are in pursuit and have the alien or individual in their visual range.
Title III: Demand Reduction - Subtitle A: Education, Prevention, and Treatment - Expresses the sense of the Congress that the Congress and the President should: (1) 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; and (2) make the reauthorization of Federal substance abuse prevention and treatment programs a high priority for the 106th Congress, and 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) Directs the National Institute on Standards and Technology to: (1) 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 that may be used as alternatives or complements to urinalysis as a means of detecting the use of such drugs; and (2) report on the results to the Congress.
(Sec. 3004) Amends the Public Health Service Act (PHSA) to require: (1) the Director of the National Institute on Alcohol Abuse and Alcoholism to ensure that the results of all current alcohol research that is set aside for services is widely disseminated to treatment practitioners in an easily understandable format, and in a manner that provides easily understandable steps for the implementation of best practices based on the research, and 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; and (2) the Director of the National Institute on Drug Abuse to take analogous steps with respect to drug abuse research and treatment.
(Sec. 3005) Amends PHSA to prohibit the expenditure of Federal funds made available to carry out any program of distributing sterile needles or syringes to individuals for the injection of any illegal drug.
(Sec. 3006) Directs the Secretary of Transportation to establish an incentive grant program to assist the States in improving their laws relating to controlled substances and driving. Sets forth grant requirements, including regarding the use of grant funds.
Authorizes appropriations for FY 2000 through 2004.
(Sec. 3008) Amends the Victims of Crime Act of 1984 to authorize an eligible crime victim compensation program to expend appropriated funds to offer compensation to elementary and secondary school students or teachers who are victims of school violence.
Authorizes the Director of the Bureau of Justice Assistance to make a grant for a demonstration project or for training and technical assistance services to a program that: (1) assists State and local educational agencies in developing, establishing, and operating programs to protect victims of and witnesses to incidents of elementary and secondary school violence; or (2) supports a student safety toll-free hotline that provides students and teachers in such schools with confidential assistance relating to the issues of school crime, violence, drug dealing, and threats to personal safety.
(Sec. 3009) Authorizes the Secretary of Education to award grants to States, and State and local educational agencies, to develop, establish, or conduct innovative programs to improve unsafe elementary or secondary schools. Provides priorities for programs that: (1) provide prompt parent and teacher notification of certain school incidents; (2) provide annual reports to parents and teachers regarding such incidents; and (3) enhance school security measures. Authorizes appropriations.
Amends the Safe and Drug-Free Schools and Communities Act of 1994 to authorize innovative voluntary random drug testing programs.
Subtitle B: Drug-Free Families - Drug-Free Families Act of 1999 - Directs the DEA Administrator to make a grant to the Parent Collaboration, a legal entity established by specified organizations, to conduct a national campaign to build a new parent and family movement to help parents and families prevent drug abuse among their children. Authorizes appropriations.
Title IV: Funding for United States Counter-Drug Enforcement Agencies - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for drug enforcement and other noncommercial operations, commercial operations, and air and marine interdiction for FY 2000 through 2001. Directs the Commissioner of Customs to submit to specified congressional committees the projected amount of funds for the succeeding fiscal year that will be necessary for Customs Service operations.
(Sec. 4002) Makes specified FY 2000 funds available until expended for acquisition and other expenses associated with implementation and deployment of specified narcotics detection equipment along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports. Earmarks specified FY 2001 funds for the maintenance and support of, and training of personnel to maintain and support, such equipment.
(Sec. 4003) Sets forth provisions regarding: (1) peak hours and investigative resource enhancement; (2) air and marine operation and maintenance funding; (3) compliance with performance plan requirements; (4) a change of salary for the Commissioner of Customs from level III to level IV of the executive pay schedule; and (5) passenger preclearance services.
Subtitle B(sic): United States Coast Guard - Authorizes additional funding for the United States Coast Guard for FY 2000 and 2001 for operation and maintenance.
Subtitle C: Drug Enforcement Administration - Authorizes additional funding for the DEA for FY 2000 for counter-narcotics and information support operations.
Subtitle D: Department of the Treasury - Authorizes additional funding for the Department of the Treasury for FY 2000 and 2001 for counter-narcotics, information support, and money laundering efforts.
Subtitle E: Department of Defense - Authorizes additional funding for the Department of Defense for FY 2000 and 2001 to expand activities to stop the flow of illegal drugs into the United States.
(Sec. 4402) Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects to establish an air base or bases for use in support of counter-narcotics operations in the southern Caribbean Sea, northern South America, and eastern Pacific Ocean, located in Latin America or the Caribbean Sea, or both. Authorizes appropriations.
(Sec. 4403) Authorizes appropriations for the Department of Defense for FY 2000 for the procurement of a Relocatable Over the Horizon Radar, located in South America.
(Sec. 4404) Expresses the sense of the Congress that: (1) the President should allocate funds appropriated for FY 1999 pursuant to the authorizations of appropriations for that fiscal year in the Western Hemisphere Drug Elimination Act to fully carry out the purposes of that Act during that fiscal year, and should include with the budgets for FY 2000 and 2001 that are submitted to the Congress a request for funds for such fiscal years in accordance with the authorizations of appropriations for such fiscal years in that Act; and (2) the Secretary of Defense should revise the Global Military Force Policy of the Department of Defense to treat the international drug interdiction and counter-drug activities of the Department as a military operation other than war (thereby elevating the priority given such activities to that given to peacekeeping operations), and allocate Department assets to such activities in accordance with the priority given such activities under the revised Policy.