S. 5 (106th): Drug-Free Century Act

106th Congress, 1999–2000. Text as of Jan 19, 1999 (Introduced).

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S 5 IS1S

(Star Print)

106th CONGRESS

1st Session

S. 5

To reduce the transportation and distribution of illegal drugs and to strengthen domestic demand reduction, and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 19, 1999

Mr. DEWINE (for himself, Mr. ABRAHAM, Mr. ASHCROFT, Mr. GRASSLEY, Mr. HATCH, Mr. LOTT, Mr. COVERDELL, and Mr. MCCAIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To reduce the transportation and distribution of illegal drugs and to strengthen domestic demand reduction, and for other purposes.

    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 Sentencing Enhancement and Laboratory Cleanup

      Sec. 2101. Expanding Criminal Penalties.

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

Subtitle C--Powder Cocaine Mandatory Minimum Sentencing

      Sec. 2201. Sentencing for violations involving cocaine powder.

Subtitle D--Drug-Free Borders

      Sec. 2301. Increased penalty for false statement offense.

      Sec. 2302. Increased number of border patrol agents.

      Sec. 2303. Enhanced border patrol pursuit policy.

TITLE III--DOMESTIC DEMAND REDUCTION

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 Sentencing Enhancement and Laboratory Cleanup

SEC. 2101. EXPANDING CRIMINAL PENALTIES.

    (a) Swift and Certain Punishment of Methamphetamine Laboratory Operators-

      (1) Federal sentencing guidelines-

        (A) IN GENERAL- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate Federal sentencing guidelines 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 Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.) in accordance with this paragraph.

        (B) REQUIREMENTS- In carrying out this paragraph, the United States Sentencing Commission shall, with respect to each offense described in subparagraph (A)--

          (i) increase the base offense level for the offense--

            (I) by not less than 3 offense levels above the applicable level in effect on the date of enactment of this Act; or

            (II) if the resulting base offense level after an increase under subclause (II) would be less than level 27, to not less than level 27; or

          (ii) if the offense created a substantial risk of danger to the health and safety of another person (including any Federal, State, or local law enforcement officer lawfully present at the location of the offense), increase the base offense level for the offense--

            (I) by not less than 6 offense levels above the applicable level in effect on the date of enactment of this Act; or

            (II) if the resulting base offense level after an increase under clause (i) would be less than level 30, to not less than level 30.

        (C) EMERGENCY AUTHORITY TO SENTENCING COMMISSION- The United States Sentencing Commission shall promulgate the guidelines or amendments provided for under this paragraph as soon as practicable after the date of enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired.

      (2) EFFECTIVE DATE- The amendments made pursuant to this subsection shall apply with respect to any offense occurring on or after the date that is 60 days after the date of enactment of this Act.

SEC. 2102. 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.