Home > 105th Congressional Bills > S. 2536 (pcs) To protect the safety of United States nationals and the interests of the United States at home and abroad, to improve global cooperation and responsiveness to international crime and terrorism, and to more effectively deter international cr...

S. 2536 (pcs) To protect the safety of United States nationals and the interests of the United States at home and abroad, to improve global cooperation and responsiveness to international crime and terrorism, and to more effectively deter international cr...


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105th CONGRESS
  2d Session
                                S. 2536

_______________________________________________________________________

                                 AN ACT


 
 To protect the safety of United States nationals and the interests of 
the United States at home and abroad, to improve global cooperation and 
   responsiveness to international crime and terrorism, and to more 
      effectively deter international crime and acts of violence.

    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 ``International 
Crime and Anti-Terrorism Amendments of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--INVESTIGATING AND PUNISHING VIOLENT CRIMES AGAINST UNITED 
                        STATES NATIONALS ABROAD

Sec. 101. Murder and extortion against United States nationals abroad 
                            in furtherance of organized crime.
Sec. 102. Murder or serious assault of a State or local official 
                            abroad.
        TITLE II--STRENGTHENING THE BORDERS OF THE UNITED STATES

Sec. 201. Sanctions for failure to heave to, obstructing a lawful 
                            boarding, and providing false information.
TITLE III--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS AND ENHANCING 
                      NATIONAL SECURITY RESPONSES

Sec. 301. Inadmissibility of persons fleeing prosecution in other 
                            countries.
Sec. 302. Inadmissibility of persons involved in racketeering and arms 
                            trafficking.
Sec. 303. Clarification of inadmissibility of persons who have 
                            benefited from illicit activities of drug 
                            traffickers.
Sec. 304. Inadmissibility of persons involved in international alien 
                            smuggling.
Sec. 305. Seizure of assets of persons arrested abroad.
Sec. 306. Administrative summons authority under the Bank Secrecy Act.
Sec. 307. Criminal and civil penalties under the International 
                            Emergency Economic Powers Act.
Sec. 308. Attempted violations of the Trading with the Enemy Act.
      TITLE IV--RESPONDING TO EMERGING INTERNATIONAL CRIME THREATS

Sec. 401. Enhanced authority to investigate computer fraud and attacks 
                            on computer systems.
Sec. 402. Jurisdiction over certain financial crimes committed abroad.
      TITLE V--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST 
                          INTERNATIONAL CRIME

Sec. 501. Sharing proceeds of joint forfeiture operations with 
                            cooperating foreign agencies.
Sec. 502. Streamlined procedures for execution of MLAT requests.
      TITLE VI--STREAMLINING THE INVESTIGATION AND PROSECUTION OF 
              INTERNATIONAL CRIMES IN UNITED STATES COURTS

Sec. 601. Reimbursement of State and local law enforcement agencies in 
                            international crime cases.
Sec. 602. Facilitating the admission of foreign records in United 
                            States courts.
Sec. 603. Prohibiting fugitives from benefiting from time served 
                            abroad.

  TITLE I--INVESTIGATING AND PUNISHING VIOLENT CRIMES AGAINST UNITED 
                        STATES NATIONALS ABROAD

SEC. 101. MURDER AND EXTORTION AGAINST UNITED STATES NATIONALS ABROAD 
              IN FURTHERANCE OF ORGANIZED CRIME.

    Section 2332 of title 18, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e);
            (2) by inserting after subsection (c) the following:
    ``(d) Extortion of United States Nationals Abroad.--Whoever commits 
or attempts to commit extortion against a national of the United 
States, while the national is outside the United States, shall be fined 
under this title, imprisoned not more than 20 years, or both.'';
            (3) in subsection (e), as redesignated, by inserting ``, or 
        was intended to further the objectives of an organized criminal 
        group. A certification under this paragraph shall not be 
        subject to judicial review'' before the period at the end; and
            (4) by adding at the end the following:
    ``(f) Rule of Construction.--Nothing in this section may be 
construed as indicating an intent on the part of Congress--
            ``(1) to interfere with the exercise of criminal 
        jurisdiction by the nation or nations in which the criminal act 
        occurred; or
            ``(2) to mandate that each potential violation should be 
        the subject of investigation or prosecution by the United 
        States.
    ``(g) Definitions.--In this section--
            ``(1) the term `extortion' means the obtaining of property 
        worth $100,000 or more from another by threatening or placing 
        another person in fear that any person will be subjected to 
        bodily injury or kidnapping or that any property will be 
        damaged or destroyed; and
            ``(2) the term `organized criminal group' means a group 
        that has a hierarchical structure or is a continuing 
        enterprise, and that is engaged in or has as a purpose the 
        commission of an act or acts that would constitute racketeering 
        activity (as defined in section 1961) if committed within the 
        United States.''.

SEC. 102. MURDER OR SERIOUS ASSAULT OF A STATE OR LOCAL OFFICIAL 
              ABROAD.

    (a) In General.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1123. Murder or serious assault of a State or local law 
              enforcement, judicial, or other official abroad
    ``(a) Definitions.--In this section:
            ``(1) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning given the term in section 2119.
            ``(2) State.--The term `State' has the meaning given the 
        term in section 245(d).
    ``(b) Penalties.--Whoever, in the circumstance described in 
subsection (c)--
            ``(1) kills or attempts to kill an official of a State or a 
        political subdivision thereof shall be punished as provided in 
        sections 1111, 1112, and 1113; or
            ``(2) assaults an official of a State or a political 
        subdivision thereof, if that assault results in serious bodily 
        injury shall be punished as provided in section 113.
    ``(c) Circumstance Described.--The circumstance described in this 
subsection is that the official of a State or political subdivision--
            ``(1) is outside the territorial jurisdiction of the United 
        States; and
            ``(2) is engaged in, or the prohibited activity occurs on 
        account of the performance by that official of training, 
        technical assistance, or other assistance to the United States 
        or a foreign government in connection with any program funded, 
        in whole or in part, by the Federal Government.
    ``(d) Limitations on Prosecution.--No prosecution may be instituted 
against any person under this section except upon the written approval 
of the Attorney General, the Deputy Attorney General, or an Assistant 
Attorney General, which function of approving prosecutions may not be 
delegated and shall not be subject to judicial review.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to indicate an intent on the part of Congress--
            ``(1) to interfere with the exercise of criminal 
        jurisdiction by the nation or nations in which the criminal act 
        occurred; or
            ``(2) to mandate that each potential violation should be 
        the subject of investigation or prosecution by the United 
        States.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
51 of title 18, United States Code, is amended by adding at the end the 
following:

``1123. Murder or serious assault of a State or local law enforcement, 
                            judicial, or other official abroad.''.

        TITLE II--STRENGTHENING THE BORDERS OF THE UNITED STATES

SEC. 201. 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 and Anti-Terrorism Amendments of 1998 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.''.

TITLE III--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS AND ENHANCING 
                      NATIONAL SECURITY RESPONSES

SEC. 301. INADMISSIBILITY OF PERSONS FLEEING PROSECUTION IN OTHER 
              COUNTRIES.

    (a) New Grounds of Inadmissibility.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
adding at the end the following:
                    ``(G) Unlawful flight to avoid prosecution.--Any 
                alien who is coming to the United States solely, 
                principally, or incidentally to avoid lawful 
                prosecution in a foreign country for a crime involving 
                moral turpitude (other than a purely political offense) 
                is inadmissible.''.
    (b) Countries to Which Aliens May Be Removed.--Section 241(b) of 
the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended--
            (1) in paragraph (3)(A), by striking ``(1) and (2)'' and 

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