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S. 3, Omnibus Crime Control Act of 1997
FILE s3.is
S 3 IS1S
105th CONGRESS
1st Session
To provide for fair and accurate criminal trials, reduce violent
juvenile crime, promote accountability by juvenile criminals,
punish and deter violent gang crime, reduce the fiscal burden
imposed by criminal alien prisoners, promote safe citizen
self-defense, combat the importation, production, sale, and use of
illegal drugs, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 21, 1997
Mr. HATCH (for himself, Mr. LOTT, Mr. ABRAHAM, Mr. ALLARD, Mr.
ASHCROFT, Mr. CRAIG, Mr. D'AMATO, Mr. DEWINE, Mr. DOMENICI, Mr.
ENZI, Mr. FAIRCLOTH, Mr. GORTON, Mr. GRAMS, Mr. GRASSLEY, Mr.
HAGEL, Mr. HELMS, Mr. HUTCHINSON, Mr. KYL, Mr. MURKOWSKI, Mr.
NICKLES, Mr. ROBERTS, Mr. SMITH of New Hampshire, Mr. THOMAS,
Mr. THURMOND, Mr. WARNER, Mr. COVERDELL, Mr. MACK, Mr. MCCAIN,
and Mr. SESSIONS, introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
A BILL
To provide for fair and accurate criminal trials, reduce violent
juvenile crime, promote accountability by juvenile criminals,
punish and deter violent gang crime, reduce the fiscal burden
imposed by criminal alien prisoners, promote safe citizen
self-defense, combat the importation, production, sale, and use of
illegal drugs, 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 `Omnibus Crime
Control Act of 1997'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE I--TRANSFER OF ALIEN PRISONERS
Sec. 101. Short title.
Sec. 102. Transfers of alien prisoners.
Sec. 103. Consent unnecessary.
Sec. 104. Certification transfer requirement.
Sec. 105. International prisoner transfer report.
Sec. 106. Annual reports on foreign assistance.
Sec. 107. Annual certification procedures.
Sec. 108. Prisoner transfers treaties.
Sec. 109. Judgments unaffected.
Sec. 110. Definition.
Sec. 111. Repeals.
TITLE II--EXCLUSIONARY RULE REFORM
SUBTITLE A--EXCLUSIONARY RULE REFORM
Sec. 201. Short title.
Sec. 202. Admissibility of certain evidence.
SUBTITLE B--CONFESSION REFORM
Sec. 211. Enforcement of confession reform statute.
TITLE III--VIOLENT CRIME, DRUGS, AND TERRORISM
Sec. 301. Short title.
SUBTITLE A--CRIMINAL PENALTIES AND PROCEDURES
Sec. 311. Protection of the Olympics.
Sec. 312. Federal responsibility for security at international
athletic competitions.
Sec. 313. Technical revision to penalties for crimes committed with
explosives.
Sec. 314. Chemical weapons restrictions.
SUBTITLE B--INTERNATIONAL TERRORISM
Sec. 321. Multilateral sanctions.
Sec. 322. Information on cooperation with United States
antiterrorism efforts in annual country reports on terrorism.
Sec. 323. Report on international terrorism.
Sec. 324. Revision of Department of State rewards program.
SUBTITLE C--COMMISSIONS AND STUDIES
Sec. 331. National commission on terrorism.
TITLE IV--COMMUNITY PROTECTION
Sec. 401. Short title.
SUBTITLE A--LAW ENFORCEMENT ASSISTANCE
Sec. 411. Exemption of qualified current and former law enforcement
officers from State laws prohibiting the carrying of concealed
firearms.
SUBTITLE B--CITIZENS' ASSISTANCE
Sec. 421. Short title.
Sec. 422. Authorization to enter into interstate compacts.
Sec. 423. Authorized uses of Federal grant funds.
Sec. 424. Self-defense for victims of abuse.
TITLE V--CRIMINAL PROCEDURE IMPROVEMENTS
SUBTITLE A--EQUAL PROTECTION FOR VICTIMS
Sec. 501. The right of the victim to an impartial jury.
Sec. 502. Jury trial improvements.
Sec. 503. Rebuttal of attacks on the character of the victim.
Sec. 504. Use of notice concerning release of offender.
Sec. 505. Balance in the composition of rules committees.
SUBTITLE B--FIREARMS
Sec. 521. Mandatory minimum sentences for criminals possessing
firearms.
Sec. 522. Firearms possession by violent felons and serious drug
offenders.
Sec. 523. Use of firearms in connection with counterfeiting or
forgery.
Sec. 524. Possession of an explosive during the commission of a
felony.
Sec. 525. Second offense of using an explosive to commit a felony.
Sec. 526. Increased penalties for international drug trafficking.
SUBTITLE C--FEDERAL DEATH PENALTY
Sec. 541. Strengthening of Federal death penalty standards and
procedures.
Sec. 542. Murder of witness as aggravating factor.
Sec. 543. Death penalty for murders committed in the District of
Columbia.
TITLE VI--INCREASED PENALTIES FOR TRAFFICKING AND MANUFACTURE OF
METHAMPHETAMINE AND PRECURSORS
Sec. 601. Trafficking in methamphetamine penalty increases.
Sec. 602. Sentencing for violations involving cocaine powder.
Sec. 603. Implementation of a sentence of death.
Sec. 604. Limitation on drug enforcement administrator tenure.
Sec. 605. Serious juvenile drug offenses as armed career criminal
act predicates.
Sec. 606. Mandatory minimum prison sentences for persons who use
minors in drug trafficking activities or sell drugs to minors.
Sec. 607. Penalty increases for trafficking in listed chemicals.
TITLE VII--COMBATING VIOLENCE AGAINST WOMEN AND CHILDREN
SUBTITLE A--GENERAL REFORMS
Sec. 701. Participation of religious organizations in Violence
Against Women Act programs.
Sec. 702. Domestic violence arrest grants.
Sec. 703. Rural domestic violence and child abuse enforcement
assistance.
Sec. 704. Runaway, homeless, and street youth assistance grants.
SUBTITLE B--DOMESTIC VIOLENCE
Sec. 711. Death penalty for fatal interstate domestic violence
offenses.
Sec. 712. Death penalty for fatal interstate violations of
protective orders.
Sec. 713. Evidence of disposition of defendant toward victim in
domestic violence cases and other cases.
Sec. 714. HIV testing of defendants in sexual assault cases.
TITLE VIII--VIOLENT CRIME AND TERRORISM
SUBTITLE A--VIOLENT CRIME AND TERRORISM
Sec. 801. Amendments to antiterrorism statutes.
Sec. 802. Kidnapping; death of victim before crossing State line as
not defeating prosecution, and other changes.
Sec. 803. Expansion of section 1959 of title 18 to cover commission
of all violent crimes in aid of racketeering activity and
increased penalties.
Sec. 804. Conforming amendment to conspiracy penalty.
Sec. 805. Inclusion of certain additional serious drug offenses as
armed career criminal act predicates.
Sec. 806. Increased penalties for violence in the course of riot
offenses.
Sec. 807. Elimination of unjustified scienter element for carjacking.
Sec. 808. Criminal offenses committed outside the United States by
persons accompanying the Armed Forces.
Sec. 809. Assaults or other crimes of violence for hire.
Sec. 810. Penalty enhancement for certain offenses resulting in
death.
Sec. 811. Violence directed at dwellings in Indian country.
SUBTITLE B--COURTS AND SENTENCING
Sec. 821. Allowing a reduction of sentence for providing useful
investigative information although not regarding a particular
individual.
Sec. 822. Appeals from certain dismissals.
Sec. 823. Elimination of outmoded certification requirement.
Sec. 824. Improvement of hate crimes sentencing procedure.
Sec. 825. Clarification of length of supervised release terms in
controlled substance cases.
Sec. 826. Authority of court to impose a sentence of probation or
supervised release when reducing a sentence of imprisonment in
certain cases.
Sec. 827. Technical correction to assure compliance of sentencing
guidelines with provisions of all Federal statutes.
SUBTITLE C--WHITE COLLAR CRIME
Sec. 841. Clarification of scienter requirement for receiving
property stolen from an Indian tribal organization.
Sec. 842. Larceny involving post office boxes and postal stamp
vending machines.
Sec. 843. Theft of vessels.
Sec. 844. Conforming amendment to law punishing obstruction of
justice by notification of existence of a subpoena for records
in certain types of investigations.
Sec. 845. Injunctions against counterfeiting and forgery.
SUBTITLE D--MISCELLANEOUS PROVISIONS
Sec. 861. Increased maximum penalty for certain RICO violations.
Sec. 862. Clarification of inapplicability to certain disclosures.
Sec. 863. Conforming amendments relating to supervised release.
Sec. 864. Addition of certain offenses as money laundering
predicates.
Sec. 865. Clarification of jurisdictional base involving the mail.
Sec. 866. Coverage of foreign bank branches in the territories.
Sec. 867. Conforming statute of limitations amendment for certain
bank fraud offenses.
Sec. 868. Clarifying amendment to section 704.
TITLE IX--PRISON REFORM
SUBTITLE A--PRISON LITIGATION REFORM
Sec. 901. Amendment to the Prison Litigation Reform Act.
Sec. 902. Appropriate remedies for prison conditions.
Sec. 903. Civil rights of institutionalized persons.
Sec. 904. Proceedings in forma pauperis.
Sec. 905. Notice to State authorities of malicious filing by
prisoner.
Sec. 906. Payment of damage award in satisfaction of pending
restitution awards.
Sec. 907. Earned release credit or good time credit revocation.
Sec. 908. Release of prisoner.
Sec. 909. Effective date.
SUBTITLE B--FEDERAL PRISONS
Sec. 911. Prison communications.
Sec. 912. Prison amenities and prisoner work requirement.
Sec. 913. Elimination of sentencing inequities and aftercare for
Federal inmates.
TITLE X--MISCELLANEOUS PROVISIONS
Sec. 1001. Sense of the Senate regarding ONDCP.
Sec. 1002. Restrictions on doctors prescribing schedule I substances.
Sec. 1003. Antidrug use public service requirement.
Sec. 1004. Child pornography.
Sec. 1005. 2,000 boys & girls clubs before 2000.
Sec. 1006. Cellular telephone interceptions.
TITLE XI--VIOLENT AND REPEAT JUVENILE OFFENDERS
Sec. 1101. Short title.
Sec. 1102. Findings and purposes.
Sec. 1103. Severability.
SUBTITLE A--JUVENILE JUSTICE REFORM
Sec. 1111. Repeal of general provision.
Sec. 1112. Treatment of Federal juvenile offenders.
Sec. 1113. Capital cases.
Sec. 1114. Definitions.
Sec. 1115. Notification after arrest.
Sec. 1116. Detention prior to disposition.
Sec. 1117. Speedy trial.
Sec. 1118. Dispositional hearings.
Sec. 1119. Use of juvenile records.
Sec. 1120. Incarceration of violent offenders.
Sec. 1121. Federal sentencing guidelines.
SUBTITLE B--JUVENILE GANGS
Sec. 1141. Short title.
Sec. 1142. Increase in offense level for participation in crime as
a gang member.
Sec. 1143. Amendment of title 18 with respect to criminal street
gangs.
Sec. 1144. Interstate and foreign travel or transportation in aid
of criminal street gangs.
Sec. 1145. Solicitation or recruitment of persons in criminal gang
activity.
Sec. 1146. Crimes involving the recruitment of persons to
participate in criminal street gangs and firearms offenses as
RICO predicates.
Sec. 1147. Prohibitions relating to firearms.
Sec. 1148. Amendment of sentencing guidelines with respect to body
armor.
Sec. 1149. Additional prosecutors.
SUBTITLE C--JUVENILE CRIME CONTROL AND ACCOUNTABILITY
Sec. 1161. Findings; declaration of purpose; definitions.
Sec. 1162. Youth crime control and accountability block grants.
Sec. 1163. Runaway and homeless youth.
Sec. 1164. Authorization of appropriations.
Sec. 1165. Repeal.
Sec. 1166. Transfer of functions and savings provisions.
Sec. 1167. Repeal of unnecessary and duplicative programs.
Sec. 1168. Civil monetary penalty surcharge.
SEC. 2. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provisions of such to any person or circumstance shall not be
affected thereby.
TITLE I--TRANSFER OF ALIEN PRISONERS
SEC. 101. SHORT TITLE.
This title may be cited as the `Transfer of Alien Prisoners Act
of 1997'.
SEC. 102. TRANSFERS OF ALIEN PRISONERS.
(a) IN GENERAL- Not later than December 31, 1998, the Attorney
General shall begin transferring undocumented aliens who are in the
United States, incarcerated in a Federal, State, or local prison,
whose convictions have become final, to the custody of the
government of the alien's country of nationality for service of the
duration of the alien's sentence in the alien's country.
(b) INAPPLICABILITY TO CERTAIN ALIENS- This section does not
apply to aliens who are nationals of a foreign country that the
Secretary of State has determined under section 6(j) of the Export
Administration Act of 1979 has repeatedly provided support for acts
of international terrorism.
SEC. 103. CONSENT UNNECESSARY.
(a) TREATY RENEGOTIATION- The Secretary of State shall
renegotiate all treaties requiring the consent of an alien who is
in the United States, whether present lawfully or unlawfully, who
is, or who is about to be, incarcerated in a Federal, State, or
local prison or jail before
such person may be transferred to the country of nationality of
that person to ensure that no such consent is required in any case
under any treaty. If the Secretary of State is unable to negotiate
with a foreign nation a new treaty that would go into effect by
December 31, 1998, that does not require such consent, the
Secretary shall withdraw the United States as a party to any
existing treaty requiring such consent.
(b) GENERAL REPEAL- Notwithstanding any other provision of law,
the consent of an alien covered by this title shall not be required
before such alien may be designated for transfer or before such
alien may be transferred to the country of nationality of that alien.
SEC. 104. CERTIFICATION TRANSFER REQUIREMENT.
Not later than March 1 of each year, the President shall submit
to Congress a certification as to whether each foreign country has
accepted, and has confined for the duration of their sentences, the
persons described in section 103(a).
SEC. 105. INTERNATIONAL PRISONER TRANSFER REPORT.
(a) IN GENERAL- Not later than March 1 of each year, the
President shall transmit to the Majority Leader of the Senate, the
Speaker of the House of Representatives, the chairmen and ranking
members of the Committee on the Judiciary and the Committee on
Foreign Relations of the Senate and the Committee on the Judiciary
and the Committee on International Relations of the House of
Representatives a report that--
(1) describes the operation of the provisions of this title;
and
(2) highlights the effectiveness of those provisions with
regard to the 10 countries having the greatest number of their
nationals incarcerated in the United States, both in
transferring such persons from the United States to their
country of nationality and in confining such persons for the
duration of their sentences.
(b) CONTENTS OF REPORT- The report prepared under subsection (a)
shall set forth--
(1) the number of aliens convicted of a Federal, State, or
local criminal offense in the United States, and the types of
offenses involved, during the preceding calendar year;
(2) the number of aliens described in paragraph (1) who were
sentenced to terms of incarceration;
(3) the number of aliens described in paragraph (1) who were
eligible for transfer pursuant to those provisions;
(4) the number of aliens described in paragraph (2) who were
transferred pursuant to the provisions of this title;
(5) the number, location, length of their period of
incarceration in the United States, and present status of
aliens described in paragraph (2) who have not yet been
transferred to the country of nationality;
(6) the extent to which each foreign country whose nationals
have been convicted of a Federal, State, or local criminal
offense in the United States has accepted the transfer of such
persons, including the percentage of such persons accepted by
each foreign country;
(7) the extent to which each foreign country described in
paragraph (6) has confined such persons for 85 percent of the
duration of their sentences, including the percentage of such
persons confined by each foreign country;
(8) the extent to which each foreign country described in
paragraph (5) has accomplished (or has failed to accomplish)
the goals described in any applicable bilateral or multilateral
agreement to which the United States is a party that deals with
the subject of the transfer of alien prisoners;
(9) for each foreign country described in paragraph (6)--
(A) a description of the plans, programs, and timetables
adopted by such country to accept its own nationals for
crimes committed in the United States;
(B) a description of the plans, programs, and timetables
adopted by such country for the continued incarceration of
its own nationals for crimes committed in the United States;
(C) a list of those countries that are negotiating in
good faith with the United States to establish a mechanism
for the transfer, receipt, and continued incarceration of
such country's nationals;
(D) a list of those countries that have adopted laws or
regulations that ensure the transfer, receipt, and
incarceration of its nationals in accordance with the
provisions of this title; and
(E) a list of those countries that have adopted laws or
regulations that ensure the availability to appropriate
United States Government personnel of adequate records in
connection with the transfer, receipt, and continued
incarceration of prisoners pursuant to this title;
(10) a description of the policies adopted, agreements
concluded, and plans and programs implemented or proposed by
the Federal Government in pursuit of its responsibilities for
the prompt transfer of aliens described in subsection (b)(1),
as well as for identifying and preventing the re-entry of such
persons after their transfer from the United States; and
(11) a description of instances of refusals to cooperate with
the United States Government regarding the transfer of aliens
described in subsection (b)(1).
SEC. 106. ANNUAL REPORTS ON FOREIGN ASSISTANCE.
At the time that the report required by section 634 of the
Foreign Assistance Act of 1961 is submitted each year, the
Secretary of State shall submit a copy of such report to the
Chairmen and Ranking Members of the Committees on the Judiciary of
the House of Representatives and the Senate, the Chairman and
Ranking Member of the Committee on Foreign Relations of the Senate,
and the Chairman and Ranking Member of the Committee on
International Relations of the House of Representatives.
SEC. 107. ANNUAL CERTIFICATION PROCEDURES.
(a) WITHHOLDING OF BILATERAL ASSISTANCE, OPPOSITION TO
MULTILATERAL DEVELOPMENT ASSISTANCE, AND WITHHOLDING OF VISAS-
(1) BILATERAL ASSISTANCE-
(A) IN GENERAL- Fifty percent of the United States
assistance allocated each fiscal year for each foreign
country shall be withheld from obligation and expenditure
to any such country if that country has refused to accept
not less than 75 percent of nationals covered by this
title and designated for transfer by the Attorney General
within either of the 2 immediately preceding fiscal years
or to confine such transferred persons for not less than 85
percent of their sentence, except as provided in subsection
(b).
(B) INAPPLICABILITY TO CERTAIN COUNTRIES- This paragraph
does not apply with respect to a country if the President
determines in accordance with subsection (b) that its
application to that country would be contrary to the vital
national interests of the United States, except that any
such determination shall not take effect until not less
than 30 days after the President submits written
notification of that determination to the congressional
committees listed in section 306 in accordance with the
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961.
(C) BILATERAL ASSISTANCE EXEMPTION- In this subsection,
the term `bilateral assistance' does not include--
(i) narcotics-related assistance under the Foreign
Assistance Act of 1961;
(ii) disaster relief assistance;
(iii) assistance that involves the provision of food
(including monetization of food) or medicine; or
(iv) assistance for refugees.
(2) MULTILATERAL ASSISTANCE-
(A) IN GENERAL- The Secretary of the Treasury may
instruct the United States Executive Directors of each
multilateral development bank to vote against any loan or
other utilization of the funds of such bank or institution
for the benefit of any country if that country has refused
to accept not less than 75 percent of its nationals covered
by this title and designated for transfer by the Attorney
General or to confine such transferred persons for not less
than 85 percent of their sentences within either of the 2
immediately preceding fiscal years, except as provided in
subsection (b).
(B) DEFINITION OF `MULTILATERAL DEVELOPMENT BANK'- In
this paragraph, the term `multilateral development bank'
means the International Bank for Reconstruction and
Development, the International Development Association, the
Inter-American Development Bank, the Asian Development
Bank, the African Development Bank, and the European Bank
for Reconstruction and Development.
(3) VISAS- All visas shall be denied to nationals employed by
the government of any foreign country if that country has
refused to accept not fewer than 75 percent of its nationals
covered by this title and designated for transfer by the
Attorney General within either of the 2 immediately preceding
fiscal years or to confine such transferred persons for not
less than 85 percent of their sentences, except as provided in
subsection (b), except that the President or the Secretary of
State nonetheless may grant visas to heads of state, certified
diplomats, or members of a foreign country's mission to the
United Nations.
(b) CERTIFICATION PROCEDURES-
(1) WHAT MUST BE CERTIFIED- Subject to subsection (d), the
assistance withheld from a country pursuant to subsection
(a)(1) may be obligated and expended, the requirement of
subsection (a)(2) to vote against multilateral development bank
assistance to a country shall not apply, and the withholding of
visas from nationals of a country of subsection (a)(3) shall
not apply, if the President determines and certifies to
Congress, at the time of the submission of the report required
by section 305, that--
(A) during the previous year the country has cooperated
fully with the United States, or has taken adequate steps
on its own, to achieve full compliance with the goals and
objectives established by this title, except that the
President may make such a finding only once during any
5-year period;
(B) for a country that would not otherwise qualify for
certification under subparagraph (A), the vital national
interests of the United States require that the assistance
withheld pursuant to subsection (a)(1) be provided, that
the United States not vote against multilateral development
bank assistance for that country pursuant to subsection
(a)(2), and that visas not be withheld pursuant to
subsection (a)(3); or
(C) only in the case of multilateral development bank
assistance, such assistance is directed specifically to
programs that provide, or support a foreign country's
ability itself to provide, food, water, clothing, shelter,
and medical care of that country.
(2) CONSIDERATIONS REGARDING COOPERATION- In making the
determinations described in subsection (b)(1), the President
shall consider the extent to which the country has--
(A) met the goals and objectives of this title;
(B) accomplished the goals described in an applicable
bilateral agreement with the United States or a
multilateral agreement to implement the provisions and
purposes of this title; and
(C) taken domestic legal and law enforcement measures to
implement the provisions and purposes of this title;
(3) CASE-BY-CASE WAIVER AUTHORITY-
(A) AUTHORITY- The President or the Secretary of State
may, on a case-by-case basis, allow an alien subject to
transfer under section 102 to remain in the custody of the
Attorney General if the President or Secretary of State
determines that doing so is necessary to serve the vital
interests of the United States or to protect the life or
health of the citizen or national. It is the sense of
Congress that such case-by-case determinations rarely
should be made.
(B) NONDELEGATION OF AUTHORITY- The authority to make a
determination under subparagraph (A) may not be delegated.
(4) INFORMATION TO BE INCLUDED IN NATIONAL INTEREST
CERTIFICATION- If the President makes a certification with
respect to a country pursuant to subsection (b)(1), the
President shall include in such certification--
(A) a full and complete description of the vital national
interests placed at risk if United States bilateral
assistance to that country is terminated pursuant to this
section, multilateral development bank assistance is not
provided to such country, and visas are not issued to the
nationals of such country; and
(B) a statement weighing the risk described in
subparagraph (A) against the risks posed to the vital
national interests of the United States by the failure of
such country to cooperate fully with the United States in
implementing the provisions and purposes of this title.
(c) CONGRESSIONAL REVIEW- Subsection (d) shall apply if, not
later than 30 calendar days after receipt of a certification
submitted under subsection (b) at the time of submission of the
report required by this title, Congress enacts a joint resolution
disapproving the determination of the President contained in such
certification.
(d) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED- If the
President does not make a certification under subsection (b) with
respect to a country or Congress enacts a joint resolution
disapproving such certification, then until such time as the
conditions specified in subsection (e) are satisfied--
(1) funds may not be obligated for United States assistance
for that government, and funds previously appropriated, but
unobligated, for United States assistance for that government
may not be expended for the purpose of providing assistance for
that government;
(2) the requirement to vote against multilateral development
bank assistance pursuant to subsection (a)(2) shall apply with
respect to that country, without regard to the date specified
in that subsection; and
(3) no visas may be issued to nationals of that country, and
no visas already issued shall be held valid by the Department
of State, the Immigration and Naturalization Service, or any
other department or agency of the Federal Government.
(e) RECERTIFICATION- Subsection (d) shall apply to a country
described in that subsection until--
(1) the President, at the time of submission of the report
required by this title, makes a certification under subsection
(b)(1)(A) or (b)(1)(B) with respect to that country, and
Congress does not enact a joint resolution under subsection (c)
disapproving the determination of the President contained in
that certification; or
(2) the President, at any other time, makes the certification
described in subsection (b)(1)(A) or subsection (b)(1)(B) with
respect to that country, except that this paragraph applies
only if either--
(A) the President also certifies that--
(i) that country has undergone a fundamental change
in government, or
(ii) there has been a fundamental change in the
conditions that were the reasons--
(I) why the President had not made a certification with respect
to that country under subparagraph (A) or (B) of subsection (b)(1);
or
(II) if the defendant had made such a certification and Congress
enacted a joint resolution disapproving the determination contained
in the certification, why Congress enacted that joint resolution; or
(B) Congress enacts a joint resolution approving the
determination contained in the certification under
subparagraph (A) or (B) of subsection (b)(1).
Any certification under paragraph (2)(A) shall discuss the
justification for the certification.
(f) SENATE PROCEDURES- Any joint resolution under this section
shall be considered in the Senate in accordance with the provisions
of section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976.
SEC. 108. PRISONER TRANSFERS TREATIES.
(a) NEGOTIATION- The Secretary of State shall begin to negotiate
and renegotiate, not later than 90 days after the date of enactment
of this Act, bilateral prisoner transfer treaties. The focus of
such negotiations should be--
(1) to expedite the transfer of aliens unlawfully in the
United States who are (or are about to be) incarcerated in
United States prisons;
(2) to ensure that a transferred prisoner serves the balance
of the sentence imposed by the United States courts; and
(3) to allow the Federal Government or the States to maintain
their original prison sentences in effect so that transferred
prisoners who return to the United States prior to the
completion of their original United States sentences can be
returned to custody for the balance of their prison sentences.
(b) CERTIFICATION- The President shall submit to Congress,
annually, a certification as to whether each prisoner transfer
treaty in force is effective in returning aliens unlawfully in the
United States who have committed offenses for which they are
incarcerated in the United States to their country of nationality
for further incarceration.
SEC. 109. JUDGMENTS UNAFFECTED.
Nothing in this title shall in any way be construed to nullify or
reduce the effect of a judgment of conviction and sentence entered
by a Federal, State, or local court in the United States.
SEC. 110. DEFINITION.
In this title, the term `United States assistance' means any
assistance under the Foreign Assistance Act of 1961.
SEC. 111. REPEALS.
(a) The first sentence in section 4100(a) of title 18, United
States Code, is repealed.
(b) The first, third, fourth, fifth, and sixth sentences in
section 4100(b) of title 18, United States Code, are repealed.
(c) Subsection (c) of section 4100 of title 18, United States
Code is repealed.
(d) Subsection (d) of section 4100(a) of title 18, United States
Code, is redesignated as subsection (c).
(e) Section 330(a)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
1704) is amended by inserting `during fiscal years 1997 and 1998,'
after `compensation,'.
(f) Section 330(c) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
1704) is amended by striking `, except as required by treaty,'.
(g) Section 332 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 1712) is
repealed.
TITLE II--EXCLUSIONARY RULE REFORM
SUBTITLE A--EXCLUSIONARY RULE REFORM
SEC. 201. SHORT TITLE.
This subtitle may be cited as the `Exclusionary Rule Reform Act
of 1997'.
SEC. 202. ADMISSIBILITY OF CERTAIN EVIDENCE.
(a) IN GENERAL- Chapter 223 of title 18, United States Code, is
amended by adding at the end the following:
`Sec. 3510. Admissibility of evidence obtained by search or seizure
`(a) EVIDENCE OBTAINED BY OBJECTIVELY REASONABLE SEARCH OR
SEIZURE-
`(1) IN GENERAL- Evidence that is obtained as a result of a
search or seizure shall not be excluded in a proceeding in a
court of the United States on the ground that the search or
seizure was in violation of the fourth amendment to the
Constitution of the United States, if the search or seizure was
carried out in circumstances justifying an objectively
reasonable belief that the search or seizure was in conformity
with the fourth amendment.
`(2) PRIMA FACIE EVIDENCE- The fact that evidence was
obtained pursuant to and within the scope of a warrant
constitutes prima facie evidence of the existence of
circumstances justifying an objectively reasonable belief that
it was in conformity with the fourth amendment.
`(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR RULE-
`(1) IN GENERAL- Evidence shall not be excluded in a
proceeding in a court of the United States on the ground that
it was obtained in violation of a statute, an administrative
rule or regulation, or a rule of procedure unless the exclusion
is expressly authorized by statute or by a rule prescribed by
the Supreme Court pursuant to statutory authority.
`(2) SPECIAL RULE RELATING TO OBJECTIVELY REASONABLE SEARCHES
AN SEIZURES- Evidence that is otherwise excludable under
paragraph (1) shall not be excluded if the search or seizure
was carried out in circumstances justifying an objectively
reasonable belief that the search or seizure was in conformity
with the statute, administrative rule or regulation, or rule of
procedure, the violation of which occasioned its being
excludable.'.
(b) RULES OF CONSTRUCTION- This section and the amendments made
by this section shall not be construed to require or authorize the
exclusion of evidence in any proceeding. Nothing in this section or
the amendments made by this section shall be construed so as to
violate the fourth amendment to the Constitution of the United
States.
(c) CLERICAL AMENDMENT- The chapter analysis for chapter 223 of
title 18, United States Code, is amended by adding at the end the
following:
`3510. Admissibility of evidence obtained by search or seizure.'.
SUBTITLE B--CONFESSION REFORM
SEC. 211. ENFORCEMENT OF CONFESSION REFORM STATUTE.
(a) IN GENERAL- Section 3501 of title 18, United States Code, is
amended by adding at the end the following:
`(f) ENFORCEMENT OF CONFESSION REFORM-
`(1) IN GENERAL- Not later than 90 days after the date of
enactment of the Omnibus Crime Control Act of 1997, the
Attorney General shall promulgate guidelines that require the
Department of Justice to enforce, and defend nationally, the
legality of this section. Specifically, the Department shall
pursue the admission into evidence of confessions that are
voluntarily given.
`(2) VOLUNTARINESS- In determining the issue of voluntariness
for purposes of this subsection--
`(A) the Department shall take into consideration all the
circumstances surrounding the giving of the confession,
including--
`(i) the time elapsing between arrest and arraignment
of the defendant making the confession, if the
confession was made after arrest and before arraignment;
`(ii) whether the defendant knew the nature of the
offense with which he was charged or of which he was
suspected at the time of making the confession;
`(iii) whether the defendant was advised or knew that
he was not required to make any statement and that any
such statement could be used against him; and
`(iv) whether the defendant was without the
assistance of counsel when he was questioned and when
he made a confession;
`(B) the presence or absence of any of the factors
described in paragraph (1) shall not be conclusive in the
Department's determination of whether a confession was
voluntary; and
`(C) the fact that the defendant had not been advised
prior to questioning of his or her right to silence and to
the assistance of counsel shall not be dispositive.
`(g) DEFINITION OF ANY CRIMINAL PROSECUTION BY THE UNITED STATES-
In this section--
`(1) the term `any criminal prosecution by the United States'
includes any prosecution by the United States under the Uniform
Code of Military Justice; and
`(2) the term `offenses against the laws of the United
States' includes offense defined by the Uniform Code of
Military Justice.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall
take effect on the date of enactment of this Act and shall apply to
any criminal prosecution
brought by or under the authority of the United States, including a
military prosecution or a prosecution brought by the District of
Columbia, regardless of whether that prosecution has begun or has
concluded and has yet to become final.
TITLE III--VIOLENT CRIME, DRUGS, AND TERRORISM
SEC. 301. SHORT TITLE.
This title may be cited as the `Drug Investigation Support and
Antiterrorism Act of 1997'.
SUBTITLE A--CRIMINAL PENALTIES AND PROCEDURES
SEC. 311. PROTECTION OF THE OLYMPICS.
(a) IN GENERAL- Section 1111 of title 18, United States Code, is
amended by adding at the end the following:
`(c) OLYMPIC GAMES-
`(1) IN GENERAL- Whoever kills a person during and in
relation to any international Olympic Games that are held
within any State shall be punished in accordance with
subsection (b) and section 1112.
`(2) AMENDMENT- Whoever attempts to violate this subsection
shall be punished in accordance with section 1113.
`(3) STATE DEFINED- In this subsection, the term `State'
means each of the several States, the District of Columbia, and
any territory or possession of the United States.'.
(b) INTERNATIONALLY PROTECTED PERSONS- Section 1116 (b)(4) of
title 18, United States Code, is amended--
(1) by striking `or at the end of subparagraph (A)';
(2) by striking the period at the end of subparagraph (B),
and inserting `; or'; and
(3) by adding at the end the following:
`(C) any participant or guest attending any international
sporting event sponsored or sanctioned by the International
Olympic Committee or the United States Olympic Committee
incorporated under the Act entitled `An Act to incorporate
the United States Olympic Association', approved September
21, 1950 (36 U.S.C. 371 et seq.).'.
SEC. 312. FEDERAL RESPONSIBILITY FOR SECURITY AT INTERNATIONAL
ATHLETIC COMPETITIONS.
(a) IN GENERAL-
(1) DUTY OF ATTORNEY GENERAL- The Attorney General, in
consultation with the Secretary of State and the Secretary of
the Treasury, shall supervise other Federal authorities and
personnel in the provision of security services (including
conducting a comprehensive review of plans for the housing of
athletes and other eligible guests) by establishing a task
force to be known as the `Olympic Security Task Force'
(referred to in this subsection as the `task force').
(2) DUTIES OF TASK FORCE- The task force shall assist the
Attorney General in overseeing security for any international
Olympic Games held in any State.
(3) STATE DEFINED- In this section, the term `State' means
each of the several States, the District of Columbia, and any
territory or possession of the United States.
(b) TASK FORCE COMPOSITION-
(1) IN GENERAL- The Attorney General shall determine the
number of members and composition of the task force in
accordance with this section. The Attorney General shall
appoint representatives from State and local law enforcement to
serve as members of the task force.
(2) REPRESENTATIVES- In addition to the members referred to
in paragraph (1), the Attorney General may appoint as members
representatives of--
(A) the Federal Bureau of Investigation;
(B) the Department of Defense;
(C) the Secret Service;
(D) the United States Marshals Service;
(E) the United States Attorney with jurisdiction over a
venue for Olympic Games (referred to in this section as an
`Olympic venue');
(F) the Bureau of Alcohol, Tobacco, and Firearms;
(G) the Central Intelligence Agency; and
(H) any other appropriate agency of the Federal
Government, as the Attorney General determines to be
appropriate.
(c) DISBANDING OF TASK FORCE- The President may disband the task
force and relieve the Attorney General of responsibility for
supervising security at international Olympic Games, if the
President finds that appropriate State or local law enforcement
officials refused, or otherwise failed adequately to participate
in, the planning, preparation, or execution of a plan providing for
security under this section.
(d) ASSISTANCE-
(1) IN GENERAL- In carrying out this section, the Attorney
General may request assistance from--
(A) the head of any department or agency of the United
States; and
(B) the appropriate officials of any appropriate
department or agency of the State in which an Olympic venue
is located (referred to in this section as the `host
State'), or any political subdivision of such State,
including State and local law enforcement officials in the
host State to ensure the effective implementation of
security under this subsection.
(2) UNITED STATES OLYMPIC ORGANIZING COMMITTEE- The Attorney
General may request the United States Olympic Committee
(incorporated under the Act entitled `An Act to incorporate the
United States Olympic Association', approved September 21, 1950
(36 U.S.C. 371 et seq.)) and the Olympic organizing committee
of the city in which an Olympic venue is located (referred to
in this section as a `host city') to provide all reasonable
cooperation and assistance required to carry out this
subsection. Upon receipt of such a request, the United States
Olympic Committee and organizing committees shall endeavor to
provide that assistance.
(e) AGREEMENTS AND REGULATIONS- To carry out this section, the
Attorney General may enter into interagency or intergovernmental
agreements and promulgate regulations.
(f) EXPEDITED REVIEW- In the case of Olympic Games that occur
after the date of enactment of this Act in the United States with
respect to which the Olympic venue is selected before the date of
enactment of this section, the review of housing required by
paragraph (1) shall be conducted not later than 120 days after such
date of enactment. The review shall consider the suitability of the
proposed Olympic Village site, building options, and any other
issue the Attorney General considers appropriate to ensure maximum
security for the Olympic Village, its residents, and its environs.
(g) CONSTRUCTION- Nothing in this section shall be construed to
create a cause of action against the United States or any officer
or employee of the United States in favor of any person who is not
otherwise authorized.
SEC. 313. TECHNICAL REVISION TO PENALTIES FOR CRIMES COMMITTED WITH
EXPLOSIVES.
Section 844 of title 18, United States Code, is amended--
(1) in subsection (f)(1), by inserting `or any institution or
organization receiving Federal financial assistance,' after `or
agency thereof,'; and
(2) by striking subsection (i) and inserting the following:
`(i) MALICIOUS DESTRUCTION BY FIRE OR EXPLOSIVES-
`(1) IN GENERAL- Whoever maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, public place, or other
personal or real property used in interstate or foreign
commerce or used in any activity affecting interstate or
foreign commerce, shall be imprisoned for a period of not less
than 5 years and not more than 20 years, fined under this
title, or both.
`(2) PERSONAL INJURY- Whoever engages in conduct prohibited
by this subsection, and as a result of such conduct, directly
or proximately causes personal injury or creates a substantial
risk of injury to any person, including any public safety
officer performing duties, shall be imprisoned for a period of
not less than 7 years and not more than 40 years, fined under
this title, or both.
`(3) DEATH- Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct directly or
proximately causes the death of any person, including any
public safety officer performing duties, shall be subject to
the death penalty, or imprisoned for not less than 20 years or
for life, fined under this title, or both.'.
SEC. 314. CHEMICAL WEAPONS RESTRICTIONS.
(a) IN GENERAL- Section 2332c of title 18, United States Code, is
amended--
(1) in subsection (a), by inserting after paragraph (2) the
following:
`(3) RESTRICTIONS-
`(A) IN GENERAL- Whoever without lawful authority
knowingly develops, produces, acquires, stockpiles,
retains, transfers, owns, or possesses any chemical weapon,
or knowingly assists, encourages or induces any person to
do so, or attempts or conspires to do so, shall be punished
under paragraph (2).
`(B) JURISDICTION- The United States has jurisdiction
over an offense under this paragraph if--
`(i) the prohibited activity takes place in the
United States; or
`(ii) the prohibited activity takes place outside the
United States and is committed by a national of the
United States.
`(C) ADDITIONAL PENALTY- The court shall order any person
convicted of an offense under this paragraph to pay to the
United States any expenses incurred incident to the
seizure, storage, handling, transportation, and destruction
or other disposition of property seized for violation of
this section.';
(2) by adding at the end the following:
`(c) CRIMINAL FORFEITURE-
`(1) PROPERTY SUBJECT TO CRIMINAL FORFEITURE- A person who is
convicted of an offense under this section shall forfeit to the
United States the interest of that person in--
`(A) any chemical weapon, including any component thereof;
`(B) any property, real or personal, constituting or
traceable to gross profits or other proceeds obtained from
such offense; and
`(C) any property, real or personal, used or intended to
be used to commit or to promote the commission of the
offense.
`(2) THIRD PARTY TRANSFERS-
`(A) IN GENERAL- All right, title, and interest in
property described in subsection (a) of this section vests
in the United States upon the commission of the act giving
rise to forfeiture under this section.
`(B) FORFEITURE- Except as provided in subparagraph (C),
any property referred to in subparagraph (A) that is
subsequently transferred to a person other than the
defendant may be the subject of a special verdict of
forfeiture and thereafter shall be ordered forfeited to the
United States.
`(C) EXCEPTION- The property referred to in subparagraph
(B) shall not be ordered forfeited if the transferee
establishes in a hearing conducted pursuant to subsection
(l) that the party is a bona fide purchaser for value of
such property who, at the time of purchase, was reasonably
without cause to believe that the property was subject to
forfeiture under this section.
`(3) PROTECTIVE ORDERS-
`(A) IN GENERAL- Upon application of the United States,
the court may enter a restraining order or injunction,
require the execution of a satisfactory performance bond,
or take any other action to preserve the availability of
property described in subsection (a) for forfeiture under
this section--
`(i) upon the filing of an indictment or information--
`(I) charging a violation of this chapter for which criminal
forfeiture may be ordered under this section; and
`(II) alleging that the property with respect to which the order
is sought would, in the event of conviction, be subject to
forfeiture under this section; or
`(ii) prior to the filing of an indictment or
information referred to in clause (i), if, after
providing notice to persons appearing to have an
interest in the property and opportunity for a hearing,
the court determines that--
`(I) there is a substantial probability that the United States
will prevail on the issue of forfeiture and that failure to enter
the order will result in the property being destroyed, removed from
the jurisdiction of the court, or otherwise made unavailable for
forfeiture; and
`(II) the need to preserve the availability of the property
through the entry of the requested order outweighs the hardship on
any party against whom the order is to be entered;
except that an order entered pursuant to subparagraph
(B) shall be effective for a period not to exceed 90
days, unless extended by the court for good cause shown
or unless an indictment or information described in
this subparagraph has been filed.
`(B) TEMPORARY RESTRAINING ORDERS-
`(i) IN GENERAL- A temporary restraining order under
this subsection may be entered upon application of the
United States without notice or opportunity for a
hearing when an information or indictment has not yet
been filed with respect to the
property, if the United States demonstrates that there is probable
cause to believe that--
`(I) the property with respect to which the order is sought
would, in the event of conviction, be subject to forfeiture under
this section; and
`(II)(aa) exigent circumstances exist that place the life or
health of any person in danger; or
`(bb) that provision of notice will jeopardize the availability
of the property for forfeiture.
`(ii) EXPIRATION- A temporary restraining order
described in clause (i) shall expire not later than 10
days after the date on which the order is entered,
unless--
`(I) the order is extended for good cause shown; or
`(II) the party against whom it is entered consents to an
extension for a longer period.
`(iii) HEARING- A hearing requested concerning an
order entered under this paragraph shall be held at the
earliest possible time and prior to the expiration of
the temporary order.
`(C) INAPPLICABILITY OF FEDERAL RULES OF EVIDENCE- The
court may receive and consider, at a hearing held pursuant
to this paragraph, evidence and information that would
otherwise be inadmissible under the Federal Rules of
Evidence.
`(d) WARRANT OF SEIZURE-
`(1) IN GENERAL- The Government of the United States may
request the issuance of a warrant authorizing the seizure of
property subject to forfeiture under this section in the same
manner as provided for a search warrant.
`(2) DETERMINATIONS BY COURT- The court shall issue a warrant
authorizing the seizure of the property referred to in
paragraph (1) if the court determines that there is probable
cause to believe that--
`(A) the property to be seized would, in the event of
conviction, be subject to forfeiture; and
`(B) an order under subsection (c) may not be sufficient
to ensure the availability of the property for forfeiture.
`(e) ORDER OF FORFEITURE- The court shall order forfeiture of
property referred to in subsection (a) if the trier of fact
determines, by a preponderance of the evidence, that the property
is subject to forfeiture.
`(f) EXECUTION-
`(1) IN GENERAL- Upon entry of an order of forfeiture or
temporary restraining order under this section, the court shall
authorize the Attorney General to seize all property ordered
forfeited or restrained on such terms and conditions as the
court determines to be appropriate.
`(2) ACTIONS BY COURT- Following entry of an order declaring
the property forfeited, the court may, upon application of the
United States, enter such appropriate restraining orders or
injunctions, require the execution of satisfactory performance
bonds, appoint receivers, conservators, appraisers,
accountants, or trustees, or take any other action to protect
the interest of the United States in the property ordered
forfeited.
`(3) OFFSET- Any income accruing to or derived from property
ordered forfeited under this section may be used to offset
ordinary and necessary expenses to the property that--
`(A) are required by law; or
`(B) are necessary to protect the interests of the United
States or third parties.
`(g) DISPOSITION OF PROPERTY-
`(1) IN GENERAL- Following the seizure of property ordered
forfeited under this section, the Attorney General shall,
making due provision for the rights of any innocent persons--
`(A) destroy or retain for official use any article
described in paragraph (1) of subsection (a); and
`(B) retain for official use or direct the disposition of
any property described in paragraph (2) or (3) of
subsection (a) by sale or any other commercially feasible
means.
`(2) REVERSION PROHIBITED- With respect to the forfeiture,
any property right or interest not exercisable by, or
transferable for value to, the United States shall expire and
shall not revert to the defendant, nor shall the defendant or
any person acting in concert with the defendant or on behalf
of the defendant be eligible to purchase forfeited property at
any sale held by the United States.
`(3) RESTRAINT OF SALE OR DISPOSITION- Upon application of a
person, other than the defendant or person acting in concert
with the defendant or on behalf of the defendant, the court may
restrain or stay the sale or disposition of the property
pending the conclusion of any appeal of the criminal case
giving rise to the forfeiture, if the applicant demonstrates
that proceeding with the sale or disposition of the property
will result in irreparable injury, harm, or loss to the
applicant.
`(h) AUTHORITY OF ATTORNEY GENERAL- With respect to property
ordered forfeited under this section, the Attorney General may--
`(1) grant petitions for mitigation or remission of
forfeiture, restore forfeited property to victims of a
violation of this section, or take any other action to protect
the rights of innocent persons that--
`(A) is in the interest of justice; and
`(B) is not inconsistent with this section;
`(2) compromise claims arising under this section;
`(3) award compensation to persons providing information
resulting in a forfeiture under this section;
`(4) direct the disposition by the United States, under
section 616 of the Tariff Act of 1930 (19 U.S.C. 1616a), of all
property ordered forfeited under this section by public sale or
any other commercially feasible means, making due provision for
the rights of innocent persons; and
`(5) take such appropriate measures as are necessary to
safeguard and maintain property ordered forfeited under this
section pending the disposition of that property.
`(i) BAR ON INTERVENTION- Except as provided in subsection (l),
no party claiming an interest in property subject to forfeiture
under this section may--
`(1) intervene in a trial or appeal of a criminal case
involving the forfeiture of that property under this section; or
`(2) commence an action at law or equity against the United
States concerning the validity of the alleged interest of that
party in the property subsequent to the filing of an indictment
or information alleging that the property is subject to
forfeiture under this section.
`(j) JURISDICTION TO ENTER ORDERS- Each district court of the
United States shall have jurisdiction to enter an order of
forfeiture under this section without regard to the location of any
property that--
`(1) may be subject to forfeiture under this section; or
`(2) has been ordered forfeited under this section.
`(k) DEPOSITIONS- In order to facilitate the identification and
location of property declared forfeited under this section and to
facilitate the disposition of petitions for remission or mitigation
of forfeiture, after the entry of an order declaring property
forfeited to the United States under this section, the court may,
upon application of the United States, order that--
`(1) the testimony of any witness relating to the property
forfeited be taken by deposition; and
`(2) any designated book, paper, document, record, recording,
or other material that is not privileged be produced at the
same time and place, and in the same manner, as provided for
the taking of depositions under rule 15 of the Federal Rules of
Criminal Procedure.
`(l) THIRD PARTY INTERESTS-
`(1) IN GENERAL-
`(A) NOTICE- Following the entry of an order of
forfeiture under this section, the United States Government
shall publish notice of the order and of the intent of the
Government to dispose of the property in such manner as the
Attorney General may direct.
`(B) DIRECT WRITTEN NOTICE- In addition to providing the
notice described in subparagraph (A), the Government may,
to the extent practicable, provide direct written notice to
any person known to have alleged an interest in the
property that is the subject of the order of forfeiture as
a substitute for published notice as to those persons so
notified.
`(2) PETITION BY PERSON OTHER THAN DEFENDANT-
`(A) IN GENERAL- Any person, other than the defendant,
who asserts a legal interest in property that has been
ordered forfeited to the United States pursuant to this
section may petition the court for a hearing to adjudicate
the validity of his alleged interest in the property not
later than the earlier of--
`(i) the date that is 30 days after the final
publication of notice; or
`(ii) the date that is 30 days after the receipt of
notice by the person under paragraph (1).
`(B) REQUIREMENTS FOR HEARING- A hearing described in
subparagraph (A) shall be held before the court without a
jury.
`(3) REQUIREMENTS FOR PETITION- A petition referred to in
paragraph (2) shall--
`(A) be signed by the petitioner under penalty of
perjury; and
`(B) set forth--
`(i) the nature and extent of the petitioner's right,
title, or interest in the property;
`(ii) the time and circumstances of the petitioner's
acquisition of the right, title, or interest in the
property;
`(iii) the relief sought; and
`(iv) any additional facts supporting the
petitioner's claim.
`(4) DATE; CONSOLIDATION-
`(A) DATE OF HEARING- The hearing on a petition referred
to in paragraph (2) shall, to the extent practicable and
consistent with the interests of justice, be held not later
than 30 days after the filing of the petition.
`(B) CONSOLIDATION- The court may consolidate the hearing
on the petition with a hearing on any other petition filed
by a person other than the defendant under this subsection.
`(5) ACTIONS AT HEARINGS-
`(A) IN GENERAL- At a hearing referred to in paragraph
(4)--
`(i) the petitioner may testify and present evidence
and witnesses on his or her own behalf, and
cross-examine witnesses who appear at the hearing; and
`(ii) the Government may present evidence and
witnesses in rebuttal and in defense of its claim to
the property that is the subject and cross-examine
witnesses who appear at the hearing.
`(B) CONSIDERATION BY COURT- In addition to considering
testimony and evidence presented at the hearing, the court
shall consider the relevant portions of the record of the
criminal case that resulted in the order of forfeiture.
`(6) AMENDMENT OF ORDER OF FORFEITURE- If, after holding a
hearing under this subsection, the court determines that a
petitioner has established by a preponderance of the evidence --
`(A) that--
`(i) the petitioner has a legal right, title, or
interest in the property that is the subject of the
hearing; and
`(ii) right, title, or interest renders the order of
forfeiture invalid in whole or in part because the
right, title, or interest--
`(I) was vested in the petitioner rather than the defendant; or
`(II) was superior to any right, title, or interest of the
defendant at the time of the commission of the acts which gave rise
to the forfeiture of the property under this section; or
`(B) that the petitioner is a bona fide purchaser for
value of the right, title, or interest in the property and
was at the time of purchase reasonably without cause to
believe that the property was subject to forfeiture under
this section;
the court shall amend the order of forfeiture in accordance
with its determination.
`(7) ACTIONS OF COURT AFTER DISPOSITION OF PETITION- After
the disposition of the court of all petitions filed under this
subsection, or if no such petitions are filed after the
expiration of the period specified in paragraph (2), the United
States--
`(A) shall have clear title to property that is the
subject of the order of forfeiture; and
`(B) may warrant good title to any subsequent purchaser
or transferee.
`(m) CONSTRUCTION- This section shall be liberally construed in
such manner as to effectuate the remedial purposes of this section.
`(n) SUBSTITUTE ASSETS-
`(1) IN GENERAL- In accordance with paragraph (2), the court
shall order the forfeiture of property of a defendant other
than property described in subsection (a) if, as a result of an
act or omission of the defendant, any of the property of the
defendant that is described in subsection (a)--
`(A) cannot be located upon the exercise of due diligence;
`(B) has been transferred or sold to, or deposited with,
a third party;
`(C) has been placed beyond the jurisdiction of the court;
`(D) has been substantially diminished in value; or
`(E) has been commingled with other property which cannot
be divided without difficulty.
`(2) VALUE OF PROPERTY- The value of any property subject to
forfeiture under paragraph (1) shall not exceed the value of
property of the defendant with respect to which subparagraph
(A), (B), (C), (D), or (E) of paragraph (1) applies.'; and
(3) by striking the section heading and inserting the
following:
`SEC. 2332c. USE AND STOCKPILING OF CHEMICAL WEAPONS.'.
(b) CONFORMING AMENDMENT TO FEDERAL RULES OF EVIDENCE- Section
1101(d)(3) of the Federal Rules of Evidence is amended by striking
`; and proceedings with respect to release on bail or otherwise'
and inserting `, proceedings with respect to release on bail or
otherwise; and proceedings under section 2232c(c)(3) of title 18,
United States Code (except that the rules with respect to privilege
under subsection (c) of this section also shall apply).'.
(c) CONFORMING AMENDMENT- The chapter analysis for chapter 113B
of title 18, United States Code, is amended by striking the item
relating to section 2332b and inserting the following:
`2332c. Use and stockpiling of chemical weapons.'.
SUBTITLE B--INTERNATIONAL TERRORISM
SEC. 321. MULTILATERAL SANCTIONS.
(a) POLICY ON ESTABLISHMENT OF SANCTIONS REGIMES-
(1) POLICY- Congress urges the President to commence
immediately after the date of enactment of this Act diplomatic
efforts, in appropriate international fora (including the
United Nations) and bilaterally, with allies of the United
States, to establish, as appropriate, a multilateral sanctions
regime against each country that the Secretary of State
determines under section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)) to have repeatedly provided
support for acts of international terrorism.
(2) REPORT- The President shall include in the annual report
on patterns of global terrorism prepared under section 143 a
description of the extent to which the diplomatic efforts
referred to in paragraph (1) have been carried out and the
degree of success of those efforts.
(b) ACTION PLANS FOR DESIGNATED TERRORIST NATIONS- The President
shall provide to Congress as a part of each report on patterns of
global terrorism prepared under section 143 a plan of action (to be
known as an `action plan') for inducing each country referred to in
paragraph (1) to cease the support of that country for acts of
international terrorism.
SEC. 322. INFORMATION ON COOPERATION WITH UNITED STATES
ANTITERRORISM EFFORTS IN ANNUAL COUNTRY REPORTS
ON TERRORISM.
Section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f) is amended--
(1) in subsection (a)--
(A) by striking `and' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2)
and inserting a semicolon; and
(C) by adding at the end the following:
`(3) with respect to each foreign country from which the
United States Government has sought cooperation during the
preceding 5-year period in the investigation or prosecution of
an act of international terrorism against United States
citizens or interests, information on--
`(A) the extent to which the government of the foreign
country is cooperating with the United States Government in
apprehending, convicting, and punishing each individual
responsible for the act; and
`(B) the extent to which the government of the foreign
country is cooperating in preventing further acts of
terrorism against United States citizens in the foreign
country; and
`(4) with respect to each foreign country from which the
United States Government has sought cooperation during the
preceding 5-year period in the prevention of an act of
international terrorism against such citizens or interests, the
information described in paragraph (3)(B).'; and
(2) in subsection (c)--
(A) by striking `The report' and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), the
report'; and
(B) by adding at the end the following:
`(2) CLASSIFIED FORM- If the Secretary of State determines
that the transmittal of the information under paragraph (3) or
(4) of subsection (a) in classified form with respect to a
foreign country would increase the likelihood of cooperation of
the government of the foreign country (as specified in that
paragraph), the Secretary may transmit the information under
that paragraph in classified form.'.
SEC. 323. REPORT ON INTERNATIONAL TERRORISM.
(a) ANNUAL REPORT- Not later than 60 days after the date of
enactment of this Act, and annually thereafter, at the same time as
the Secretary of State submits the report required by section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 (22 U.S.C. 2656f), the Secretary of State, in consultation
with the Director of Central Intelligence, shall submit, in
classified and unclassified versions, to the Speaker and the
Minority Leader of the House of Representatives, the Majority
Leader and the Minority Leader of the Senate, the chairman and the
ranking minority member of the Committee on International Relations
of the House of Representatives, and the chairman and the ranking
minority member of the Committee on Foreign Relations of the Senate
a report that includes--
(1) an assessment of--
(A) the magnitude of the anticipated threat from
international terrorism to
United States interests, persons, and property in the United States
and abroad, including the names and background of major terrorist
groups and the leadership of those groups;
(B) the sources of financial and logistical support of
the groups;
(C) the nature and scope of the human and technical
infrastructure;
(D) the goals, doctrine, and strategies of the groups;
(E) the quality and type of education and training of the
groups;
(F) the level of advancement of the groups;
(G) the bases of operation and training of the groups;
(H) the operational capabilities of the groups;
(I) the bases of recruitment of the groups;
(J) the linkages with governmental and nongovernmental
actors (such as ethnic groups, religious communities, or
criminal organizations) of the groups; and
(K) the intent and capability of each of the groups to
access and use weapons of mass destruction;
(2) a detailed assessment of any country that provided
support of any type for international terrorism, terrorist
groups, or individual terrorists, including any country with
respect to which the government of that country knowingly
allowed terrorist groups or individuals to transit or reside in
the territory of that country, without regard to whether
terrorist acts were committed by the terrorist groups or
individuals in that territory;
(3) a detailed assessment of efforts of individual countries
to take effective action against countries that the Secretary
of State determines under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) to have
repeatedly supported acts of international terrorism, including
the status of--
(A) compliance with international sanctions; and
(B) bilateral economic relations; and
(4)(A) a detailed assessment of efforts of the United States
Government to carry out this section; and
(B) an identification of any failure or insufficient action
on the part of the Government to carry out this section.
(b) CONTENT OF ASSESSMENTS- An assessment under subsection (a)(1)
shall--
(1) characterize the quality of the information that supports
the assessment and identify areas that require enhanced
information; and
(2) identify and analyze potential vulnerabilities of
terrorist groups that could serve to guide the development of
governmental policy.
(c) SUBMISSION TO THE COMMISSION ON TERRORISM- During the period
that the National Commission on Terrorism established under section
341 is operating, the President shall submit a property of each
report prepared under subsection (a).
SEC. 324. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
(a) IN GENERAL- Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as
follows:
`SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.
`(a) ESTABLISHMENT-
`(1) IN GENERAL- The Secretary of State shall establish a
program for the payment of rewards by the Secretary in
accordance with this section.
`(2) CONSULTATION- The rewards program established under
paragraph (1) shall be administered by the Secretary of State,
in consultation (as appropriate), with the Attorney General.
`(b) REWARDS PROGRAM-
`(1) The rewards program established under subsection (a)(1)
shall be designed to assist in the prevention of acts of
international terrorism, international narcotics trafficking,
and other related criminal acts.
`(2) At the sole discretion of the Secretary of State and in
consultation, as appropriate, with the Attorney General, the
Secretary of State may pay a reward to any individual who
furnishes information leading to--
`(A) the arrest or conviction in any country of any
individual for the commission of an act of international
terrorism against a person or property;
`(B) the arrest or conviction in any country of any
individual conspiring or attempting to commit an act of
international terrorism against a United States person or
United States property;
`(C) the arrest or conviction in any country of any
individual for committing, primarily outside the
territorial jurisdiction of the United States, any
narcotics-related offense if that offense involves or is a
significant part of conduct that involves--
`(i) a violation of United States narcotics laws
which is such that the individual would be a major
violator of such laws;
`(ii) the killing or kidnapping of--
`(I) any officer, employee, or contract employee of the United
States Government while that individual is engaged in official
duties, or on account of the performance of official duties of that
individual, in connection with--
`(aa) the enforcement of United States narcotics laws; or
`(bb) the implementation of United States narcotics control
objectives; or
`(II) a member of the immediate family of any individual
described in subclause (I) on account of the official duties of
that individual in connection with--
`(aa) the enforcement of United States narcotics laws; or
`(bb) the implementation of United States narcotics control
objectives; or
`(iii) an attempt or conspiracy to commit any act
described in clause (i) or (ii);
`(D) the arrest or conviction in any country of any
individual who aids or abets in the commission of an act
described in subparagraph (A), (B), or (C); or
`(E) the prevention, frustration, or favorable resolution
of an act described in subparagraph (A), (B), or (C).
`(c) COORDINATION-
`(1) IN GENERAL- To ensure that the payment of rewards under
this section does not duplicate or interfere with the payment
of informants or the obtaining of evidence or information, as
authorized for the Department of Justice, the offering,
administration, and payment of rewards under this section shall
be conducted in accordance with procedures that the Secretary
of State, in consultation with the Attorney General, shall
establish.
`(2) CONTENTS OF PROCEDURES- The procedures referred to in
paragraph (2) shall include procedures for--
`(A) identifying individuals, organizations, and offenses
with respect to which rewards are to be offered;
`(B) the publication of rewards;
`(C) the offering of joint rewards with the governments
of foreign countries;
`(D) the receipt and analysis of data; and
`(E) the payment and approval of payment.
`(3) CONSULTATION WITH ATTORNEY GENERAL- Before making a
reward under this section in a matter subject to Federal
criminal jurisdiction, the Secretary of State shall advise and
consult with the Attorney General.
`(d) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- Notwithstanding section 102 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (99
Stat. 408), and subject to paragraph (2), there are authorized
to be appropriated to the Department of State such sums as may
be necessary to carry out this section.
`(2) LIMITATION- No amount of funds may be appropriated to
the Department of State for the purpose specified in paragraph
(1) in excess of the difference between $15,000,000 and the
amount of unobligated funds available for that purpose to the
Secretary of State for the fiscal year involved.
`(3) DISTRIBUTION OF FUNDS- To the maximum extent
practicable, funds made available to carry out this section
shall be distributed in equal amounts for the purpose of
preventing acts of international terrorism and for the purpose
of preventing international narcotics trafficking.
`(4) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to
the authorization under paragraph (1) are authorized to remain
available until expended.
`(e) LIMITATION AND CERTIFICATION-
`(1) LIMITATION- A reward made under this section by the
Secretary of State may not exceed $5,000,000.
`(2) APPROVAL OF PRESIDENT OR SECRETARY OF STATE- A reward
under this section in an amount greater than $100,000 may not
be made
under the program under this section without the approval of the
President or the Secretary of State.
`(3) APPROVAL OF SECRETARY OF STATE- Any reward granted under
the program under this section shall be approved and certified
for payment by the Secretary of State.
`(4) PROHIBITION- Neither the President nor the Secretary of
State may delegate the authority under paragraph (2) to any
other officer or employee of the United States Government.
`(5) PROTECTION- If the Secretary of State determines that it
is necessary to protect the identity of the recipient of a
reward or of the members of the recipient's immediate family,
the Secretary may take such measures in connection with the
payment of the reward as the Secretary considers necessary to
effect that protection.
`(f) INELIGIBILITY- An officer or employee of any governmental
entity who, while in the performance of the official duties of that
officer, furnishes information described in subsection (b) shall
not be eligible for a reward under this section.
`(g) REPORTS-
`(1) IN GENERAL-
`(A) POST-AWARD REPORT- Not later than 30 days after the
payment of any reward under this section, the Secretary of
State shall submit a report to the appropriate
congressional committees with respect to that reward.
`(B) CLASSIFIED FORM- If necessary, a report under
subparagraph (A) may be submitted in classified form.
`(C) CONTENT OF REPORT- A report submitted under
subparagraph (A) shall specify--
`(i) the amount of the reward paid;
`(ii) the recipient of the reward;
`(iii) the acts related to the information for which
the reward was paid; and
`(iv) the significance of the information for which
the reward was paid in dealing with the acts described
under clause (iii).
`(2) ANNUAL REPORT-
`(A) IN GENERAL- Not later than 60 days after the end of
each fiscal year, the Secretary of State shall submit a
report to the appropriate congressional committees
concerning the operation of the rewards program under this
section.
`(B) CONTENTS OF REPORTS- Each report under subparagraph
(A), shall provide information concerning--
`(i) the total amounts expended during the fiscal
year that is the subject of the report to carry out
this section, including amounts spent to publicize the
availability of rewards; and
`(ii) all requests made for the payment of rewards
under this section, including the reasons for the
denial of any such request.
`(h) DEFINITIONS- In this section:
`(1) ACT OF INTERNATIONAL TERRORISM- The term `act of
international terrorism' includes--
`(A) any act substantially contributing to the
acquisition of unsafeguarded special nuclear material (as
that term is defined in section 830(8) of the Nuclear
Proliferation Prevention Act of 1994 (108 Stat. 521)) or
any nuclear explosive device (as that term is defined in
section 830(4) of that Act (108 Stat. 521)) by an
individual, group, or non-nuclear weapon state (as that
term is defined in section 830(5) of that Act (108 Stat.
521));
`(B) any act, as determined by the Secretary of State,
that materially supports the conduct of international
terrorism, including the counterfeiting of United States
currency or the illegal use of other monetary instruments
by an individual, group, or country supporting
international terrorism as determined under section 6(j) of
the Export Administration Act of 1979; and
`(C) any act that would be a violation of chapter 113B of
title 18, United States Code, relating to terrorism.
`(2) APPROPRIATE CONGRESSIONAL COMMITTEES- The term
`appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
`(3) MEMBER OF THE IMMEDIATE FAMILY- The term `member of the
immediate family' includes--
`(A) a spouse, parent, brother, sister, or child of the
individual;
`(B) a person to whom the individual stands in loco
parentis; and
`(C) any other person living in the individual's
household and related to the individual by blood or marriage.
`(4) UNITED STATES NARCOTICS LAWS- The term `United States
narcotics laws' means the laws of the United States for the
prevention and control of illicit traffic in controlled
substances (as such term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))).
`(i) JUDICIAL REVIEW- A determination made by the Secretary of
State concerning whether to authorize a reward under this section,
or the amount of a reward, shall not be subject to judicial review.'.
(b) SENSE OF CONGRESS- It is the sense of Congress that the
Secretary of State should pursue additional means of funding the
program established by section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708), including the authority--
(1) to seize and dispose of assets used in the commission of
any offense under sections 1028, 1541 through 1544, and 1546 of
title 18, United States Code;
(2) to retain the proceeds derived from the disposition of
the assets referred to in paragraph (1);
(3) to participate in asset-sharing programs conducted by the
Department of Justice; and
(4) to retain earnings accruing on all assets of foreign
countries blocked by the President pursuant to the
International Emergency Powers Act (50 U.S.C. 1701 et seq.) to
carry out the purposes of section 36 of the State Department
Basic Authorities Act of 1956.
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