MDM\MDM03.556 S.L.C.
S. _______________
108TH
CONGRESS
1ST
SESSION
IN
THE SENATE OF THE UNITED STATES
Mr. HATCH
(for himself, Mr. SESSIONS, Mr. GRAHAM of South Carolina, Mr.
A BILL
To combat
narco-terrorism, to dismantle narco-terrorist
criminal enterprises, to disrupt
narco-terrorist financing
and money laundering schemes, to enact national
drug
sentencing reform, to prevent drug trafficking to chil-
dren, to
deter drug-related violence, to provide law en-
forcement with the tools needed to win the
war against
narco-terrorists and major drug traffickers, and
for other
purposes.
1
Be it enacted by the Senate and
House of Representa-
2 tives of the United States of America in Congress
assembled,
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MDM\MDM03.556 S.L.C.
2
1
SECTION 1. SHORT TITLE; TABLE OF
CONTENTS.
2
(a) SHORT TITLE. This Act may be
cited as the
3
Vital Interdiction of Criminal
Terrorist Organizations
4
Act of 2003 or the VICTORY Act
.
5
(b) TABLE
OF
CONTENTS. The table of contents
for
6
this Act is as follows:
Sec. 1.
Short title; table of contents.
Sec. 2.
Severability clause.
TITLE I COMBATING NARCO-TERRORISTS WHO AID
AND
SUPPORT TERRORISTS OR TERRORIST
ORGANIZATIONS
Sec. 101.
Prohibition of narco-terrorism.
Sec. 102.
Narco-terrorist criminal enterprises.
Sec. 103. Increased civil and criminal
penalties for persons and entities who fa-
cilitate financing of
narco-terrorists and terrorists.
TITLE II
PREVENTING AND PUNISHING INTERNATIONAL MONEY
LAUNDERING
Subtitle A Prohibiting Money Laundering
Through Hawalas, Reverse
Money Laundering, and Other Money
Laundering Schemes
Sec. 201.
Preventing narco-terrorists from laundering money using hawalas.
Sec. 202.
Interstate transportation of criminal proceeds and reverse money
laundering by currency
couriers.
Sec. 203. Freezing bank accounts of persons arrested for money
laundering and
bulk cash smuggling.
Sec. 204.
Procedure for issuing subpoenas in money laundering cases.
Sec. 205. Using
blank checks in bearer form to smuggle money.
Sec. 206. Treating electronic
funds as fungible property.
Sec. 207. Making domestic money laundering
statute apply to reverse money
laundering.
Sec. 208. Making
international money laundering statute apply to tax evasion.
Sec. 209.
Section 1957 violations involving commingled funds and structured
transactions.
Sec. 210.
Charging money laundering as a course of conduct.
Sec. 211.
Laundering the proceeds of foreign crimes.
Sec. 212.
Illegal money transmitting businesses.
Sec. 213.
Definition of public official.
Sec. 214.
Other specified activity for money laundering.
Subtitle B Recovering and Confiscating
Criminal Proceeds
Sec. 221.
Criminal forfeiture for money laundering conspiracies.
Sec. 222. Fungible
property.
Sec. 223.
Forfeiting the proceeds of foreign crimes.
Sec. 224.
Recovery of criminal proceeds from third parties.
Sec. 225.
Restraint of proceeds of foreign crime.
Sec. 226.
Extraterritorial jurisdiction.
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Sec. 227.
Availability of tax records.
Sec. 228.
Civil order to repatriate assets.
Sec. 229. Forfeiture for failure to report
large cash transactions.
Sec. 230. Assets of persons committing terrorist
acts against foreign countries.
Sec. 231. Technical amendment to restore
wiretap authority for certain money
laundering offenses.
Sec. 232.
Knowledge that the property is the proceeds of a specific felony.
Sec. 233.
Discovery procedure for locating laundered money.
Sec. 234. Authorization to
share recovered property with cooperating foreign
governments.
Sec. 235.
Criminal forfeiture of property in government custody.
Sec. 236.
Non-abatement of criminal forfeiture when defendant dies pending
appeal.
Sec. 237.
Miscellaneous minor and technical amendments.
Sec. 238. Venue for prisoner
challenges to seizure of crime proceeds.
Sec. 239. Restoring criminal
proceeds to victims.
Sec. 240. Affording property owners a hearing on the
seizure of real property.
Sec. 241. Jurisdiction of magistrates.
Sec.
242. Technical amendment regarding the procedures for criminal for-
feiture.
Sec. 243.
Clarification of 18 U.S.C. 3322.
Sec. 244. Minor amendments to the Civil
Asset Forfeiture Reform Act of 2000.
Sec. 245. Collection of criminal
forfeiture judgment.
Sec. 246.
Property detained at the border.
Sec. 247. Exemption from liability for
attorney fees in international money
laundering cases.
Sec. 248.
Technical correction regarding forfeiture authority for Secretary,
Homeland Security.
Sec. 249.
Rule 32.2.
Sec. 250.
Forfeiture of the value of drugs seized.
Sec. 251. Forfeiture of
facilitating property in narco-terrorism cases and prop-
erty traceable to such
property.
Sec. 252. Forfeiture of instrumentalities of terrorism, fraud, and
other offenses.
TITLE III NATIONAL DRUG SENTENCING
REFORM
Sec. 301.
Sentencing guideline conforming changes and enhancements for
acts
of violence during the course of
a drug trafficking offense.
Sec. 302. Increase in sentence for aggravating
factors.
Sec. 303. Removing sentencing cap on drug traffickers who
facilitate the avail-
ability and distribution of large
quantities of illegal drugs.
Sec. 304. Additional serious drug offenses as
armed career criminal act predi-
cates.
Sec. 305. Limit on
sentencing of certain defendants in drug trafficking cases.
Sec. 306.
Restoration of orderly gradation of sentences to punish large-scale
drug traffickers.
Sec. 307.
Conforming sentencing guidelines to conspiracy law.
Sec. 308. Elderly,
nonviolent prisoner pilot program.
Sec. 309.
Emergency amendment authority.
TITLE IV PROTECTING CHILDREN FROM DRUG
TRAFFICKERS
AND PREVENTING DRUG-RELATED VIOLENT
CRIME
Sec. 401.
Murder and other violent crimes committed during and in relation
to
a drug trafficking crime.
Sec. 402.
Protection of children from drug traffickers.
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TITLE V
PROVIDING THE TOOLS NEEDED TO WIN THE WAR
AGAINST NARCO-TERRORISM, DRUG TRAFFICKERS WHO
SELL
TO
CHILDREN, AND VIOLENT DRUG TRAFFICKERS
Sec. 501.
Predicate crimes for authorization of interception of wire, oral,
and
electronic
communications.
Sec. 502. Limiting application of statutory exclusionary
rule where law enforce-
ment agents act in good
faith.
Sec. 503. Administrative subpoenas for terrorism
investigations.
Sec. 504. Administrative subpoenas to apprehend
fugitives.
Sec. 505. Expanded jurisdiction to issue orders to intercept
communications.
Sec. 506. Directive to United States Sentencing
Commission.
1
SEC. 2. SEVERABILITY
CLAUSE.
2
If any provision of this Act, an
amendment made by
3
this Act, or the application of
such provision or amend-
4
ment to any person or circumstance
is held to be unconsti-
5
tutional, the remainder of this
Act, the amendments made
6
by this Act, and the application of
the provisions of such
7
to any person or circumstances
shall not be affected there-
8
by.
9
TITLE I—COMBATING
NARCO-
10
TERRORISTS WHO AID
AND
11
SUPPORT TERRORISTS
OR
12
TERRORIST
ORGANIZATIONS
13
SEC. 101. PROHIBITION OF
NARCO-TERRORISM.
14
Part A of the Controlled Substance
Import and Ex-
15
port Act (21 U.S.C. 951 et seq.) is
amended by inserting
16
after section 1010 the
following:
17
NARCO-TERRORISTS WHO AID AND SUPPORT
18
TERRORISTS OR FOREIGN TERRORIST
ORGANIZATIONS
19
SEC. 1010A.
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1
(a) PROHIBITED ACTS. Any person
who, in a cir-
2
cumstance described in subsection
(c), manufactures, dis-
3
tributes, imports, exports, or
possesses with intent to dis-
4
tribute or manufacture a controlled
substance,
5
flunitrazepam, or listed chemical,
or attempts or conspires
6
to do so, knowing or intending that
such activity, directly
7
or indirectly, aids or provides
support, resources, or any-
8
thing of pecuniary value to
9
(1) a foreign terrorist
organization; or
10
(2) any person or group involved in
the plan-
11
ning, preparation for, or carrying
out of, a terrorist
12
offense,
13
shall be punished as provided under
subsection (b).
14
(b) PENALTIES.
15
(1) IN
GENERAL. Any person who violates
16
subsection (a) shall be sentenced
to
17
(A)(i) a term of imprisonment of
not less
18
than 20 years and not more than
life; or
19
(ii) if death or serious bodily
injury re-
20
sults from the use of a controlled
substance, a
21
term of imprisonment of not less
than 30 years
22
and not more than life;
23
(B) a fine not to exceed
24
(i) $4,000,000, if the defendant
is an
25
individual; or
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1
(ii) $10,000,000, if the defendant
is
2
not an individual; and
3
(C) a term of supervised release
of not
4
less than 5 years.
5
(2) PRIOR
CONVICTION FOR FELONY DRUG
OF-
6
FENSE. Any person who violates subsection
(a)
7
after a prior conviction of such
person for a felony
8
drug offense becomes final, shall
be sentenced to
9
(A)(i) a term of imprisonment of
not less
10
than 30 years and not more than
life; or
11
(ii) if death or serious bodily
injury re-
12
sults from the use of a controlled
substance, a
13
term of life imprisonment;
14
(B) a fine not to exceed
15
(i) $8,000,000, if the defendant
is an
16
individual; or
17
(ii) $20,000,000, if the defendant
is
18
not an individual; and
19
(C) a term of supervised release
of not
20
less than 10 years.
21
(c) JURISDICTION. A United States
district court
22
shall have jurisdiction over an
offense described in sub-
23
section (a) if
24
(1) the offense takes place in the
United
25
States; or
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1
(2) the offense takes place
outside of the
2
United States and
3
(A) the perpetrator is
4
(i) a national of the United
States;
5
or
6
(ii) a stateless person whose
habitual
7
residence is in the United
States;
8
(B) the offense
9
(i) was directed toward, or
resulted
10
in, the carrying out of a terrorist
offense
11
(I) against any property that
is
12
owned or leased by any department
or
13
agency of the United States,
including
14
an embassy or other diplomatic
or
15
consular premises of the
United
16
States;
17
(II) against any person or
prop-
18
erty within the United
States;
19
(III) against any national of
the
20
United States or the property of
such
21
national;
22
(IV) against any property
of
23
any legal entity organized under
the
24
laws of the United States, or any
of
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1
its States, districts,
commonwealths,
2
territories, or possessions;
or
3
(V) in an attempt to compel
the
4
United States to do or abstain
from
5
doing any act; or
6
(ii) is committed
7
(I) on board an aircraft,
which
8
is registered under the laws of
the
9
United States at the time the
offense
10
is committed or is operated by
the
11
United States; or
12
(II) on board a vessel of
the
13
United States (as defined in
section
14
3(b) of the Maritime Drug
Enforce-
15
ment Act (46 U.S.C. 1903(b)) or
on
16
board a vessel subject to the
jurisdic-
17
tion of the United States (as
defined
18
in section 3(c) of that Act);
or
19
(C) the foreign terrorist
organization has
20
been designated pursuant to the
authority
21
granted under the Immigration and
Nationality
22
Act.
23
(d) ACTS COMMITTED OUTSIDE
TERRITORIAL JU-
24
RISDICTION OF
UNITED STATES. This section is
in-
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9
1
tended to reach prohibited acts,
which are committed out-
2
side the territorial jurisdiction
of the United States.
3
(e) PROOF REQUIREMENTS. The
prosecution shall
4
not be required to prove that any
defendant knew that
5
an organization was designated as a
foreign terrorist or-
6
ganization under the Immigration
and Nationality Act. .
7
(f) DEFINITIONS. In this section,
the following
8
definitions shall apply:
9
(1) ANYTHING
OF PECUNIARY VALUE. The
10
term anything of pecuniary value
has the meaning
11
given the term in section
1958(b)(1) of title 18,
12
United States Code.
13
(2) NATIONAL
OF THE UNITED STATES. The
14
term national of the United States
has the meaning
15
given the term in section
101(a)(22) of the Immi-
16
gration and Nationality Act (8
U.S.C. 1101(a)(22)).
17
(3) TERRORIST
OFFENSE. The term ter-
18
rorist offense means
19
(A) an act which constitutes an
offense
20
within the scope of a treaty, as
defined under
21
section 2339C(e)(7) of title 18,
United States
22
Code, which has been implemented by
the
23
United States;
24
(B) any other act intended to
cause death
25
or serious bodily injury to a
civilian, or to any
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10
1
other person not taking an active
part in the
2
hostilities in a situation of armed
conflict, when
3
the purpose of such act, by its
nature or con-
4
text, is to intimidate a
population, or to compel
5
a government or an international
organization
6
to do or to abstain from doing any
act.
7
(4) TERRORIST
ORGANIZATION. The term
8
terrorist organization has the
meaning given the
9
term in section 212(a)(3)(B)(vi) of
the Immigration
10
and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)). .
11
SEC. 102. NARCO-TERRORIST
CRIMINAL ENTERPRISES.
12
Part A of the Controlled Substance
Import and Ex-
13
port Act (21 U.S.C. 951 et seq.) is
amended by inserting
14
after section 1010A (as added by
section 101) the fol-
15
lowing:
16
NARCO-TERRORIST KINGPINS
17
SEC. 1010B.
18
(a) PROHIBITED ACTS; PENALTIES.
19
(1) IN
GENERAL. Any person who engages in
20
a narco-terrorist continuing
enterprise shall be
21
(A) imprisoned for a period of not
less
22
than 40 years and not more than
life;
23
(B) if the defendant is an
individual, sub-
24
ject to a fine in an amount not
greater than
25
$4,000,000; and
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1
(C) if the defendant is other than
an indi-
2
vidual, subject to a fine in an
amount not
3
greater than $10,000,000.
4
(2) ENHANCED
PENALTY. Any person who,
5
after being convicted of a felony
drug offense or
6
crime of violence, who engages in,
or works in fur-
7
therance of, a narco-terrorist
continuing enterprise,
8
shall be
9
(A) imprisoned for a period of not
less
10
than 50 years and not more than
life;
11
(B) if the defendant is an
individual, sub-
12
ject to a fine in an amount not
greater than
13
$8,000,000; and
14
(C) if the defendant is other than
an indi-
15
vidual, subject to a fine in an
amount not
16
greater than $20,000,000.
17
(b) DEFINITIONS. In this section,
the following
18
definitions shall apply:
19
(1) PERSON
ENGAGED IN A NARCO-TERRORIST
20
CONTINUING ENTERPRISE. The term person en-
21
gaged in a narco-terrorist
continuing enterprise
22
means a person who violates section
1010A if such
23
violation is a part of a continuing
series of violations
24
of section 1010A
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12
1
(A) which are undertaken by such
person
2
in concert with not less than 5
persons, to
3
whom such person occupies a
position of orga-
4
nizer, supervisor, or any other
position of man-
5
agement; and
6
(B) from which such person obtains
sub-
7
stantial income or
resources.
8
(2) CONTINUING
SERIES OF VIOLATIONS.
9
The term a continuing series of
violations means
10
not less than 3 violations of
section 1010A.
11
(c) ACTS COMMITTED OUTSIDE UNITED
STATES.
12
This section is intended to reach
prohibited acts, which
13
are committed outside of the
territorial jurisdiction of the
14
United States. .
15
SEC. 103. INCREASED CIVIL AND
CRIMINAL PENALTIES FOR
16
PERSONS AND ENTITIES WHO
FACILITATE FI-
17
NANCING OF NARCO-TERRORISTS AND
TER-
18
RORISTS.
19
Section 206 of the International
Emergency Eco-
20
nomic Powers Act (50 U.S.C. 1705)
is amended
21
(1) in subsection (a), by striking
$10,000
22
and inserting $50,000 ; and
23
(2) in subsection (b), by striking
$50,000, or,
24
if a natural person, may be
imprisoned for not more
25
than ten years and inserting
$100,000, or, if a
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13
1
natural person, may be imprisoned
for not more
2
than 20 years .
3
TITLE II—PREVENTING
AND
4
PUNISHING
INTERNATIONAL
5
MONEY LAUNDERING
6
Subtitle A—Prohibiting
Money
7
Laundering Through
Hawalas,
8
‘‘Reverse’’
Money Laundering,
9
and Other Money
Laundering
10
Schemes
11
SEC. 201. PREVENTING
NARCO-TERRORISTS FROM LAUN-
12
DERING MONEY USING
HAWALAS.
13
Section 1956 of title 18, United
States Code, is
14
amended by adding at the end the
following:
15
(j) MONEY LAUNDERING.
16
(1) IN
GENERAL. For purposes of para-
17
graphs (1) and (2) of subsection
(a), a transaction,
18
transportation, transmission, or
transfer of funds
19
shall be considered to involve the
proceeds of speci-
20
fied unlawful activity if the
transaction, transpor-
21
tation, transmission, or transfer
is part of a set of
22
parallel or dependent transactions,
any 1 of which
23
involves the proceeds of specified
unlawful activity.
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14
1
(2) DEFINED
TERM. As used in this section,
2
the term dependent transaction
means a trans- -
3
action that
4
(A) completes or complements
another
5
transaction; or
6
(B) would not have occurred but
for an-
7
other transaction. .
8
SEC. 202. INTERSTATE
TRANSPORTATION OF CRIMINAL
9
PROCEEDS AND
‘‘REVERSE’’ MONEY LAUN-
10
DERING BY CURRENCY
COURIERS.
11
Section 5332 of title 31, United
States Code, is
12
amended
13
(1) in subsection (a)
14
(A) by redesignating paragraph (2)
as
15
paragraph (3); and
16
(B) by inserting after paragraph
(1) the
17
following:
18
(2) CONCEALMENT
IN VEHICLE. Any person
19
who conceals more than $10,000 in
currency on his
20
person or in any vehicle, in any
compartment or con-
21
tainer within any vehicle, or in
any container placed
22
in a common carrier, and
transports, attempts to
23
transport, or conspires to
transport such currency in
24
or affecting interstate commerce on
any public road
25
or highway, or on any bus, train,
airplane, vessel, or
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15
1
other common carrier, knowing that
the currency
2
was derived from some form of
unlawful activity, or
3
knowing that the currency was
intended to be used
4
to promote some form of unlawful
activity, shall be
5
subject to punishment pursuant to
subsection (b). ;
6
(2) in subsection (b)(1), by
striking 5 and in- -
7
serting 10 ; and
8
(3) by adding at the end the
following:
9
(d) AUTHORITY TO INVESTIGATE.
Violations of
10
this section may be investigated by
11
(1) the Attorney General;
12
(2) the Secretary of the
Treasury;
13
(3) the Secretary of the
Department of Home-
14
land Security; and
15
(4) the United States Postal
Service. .
16
SEC. 203. FREEZING BANK ACCOUNTS
OF PERSONS AR-
17
RESTED FOR MONEY LAUNDERING AND
BULK
18
CASH SMUGGLING.
19
Section 5317 of title 31, United
States Code, is
20
amended by adding at the end the
following:
21
(d) TEMPORARY FREEZE
OF
BANK ACCOUNT.
22
(1) IN
GENERAL. If any person is arrested or
23
charged in connection with any
offense under this
24
chapter, or any offense under
section 1956, 1957, or
25
1960 of title 18 (relating to the
movement of funds
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16
1
into or out of the United States),
the Attorney Gen-
2
eral may apply to any Federal judge
or magistrate
3
judge in the district in which the
arrest is made, or
4
the charges are filed, for an ex
parte order restrain-
5
ing any account held by the person
arrested or
6
charged for not more than 30 days.
This time period
7
may be extended for good cause
shown at a hearing
8
conducted in the manner provided in
rule 43(e) of
9
the Federal Rules of Civil
Procedure.
10
(2) CONTENTS
OF APPLICATION. The appli-
11
cation for the restraining order
referred to in para-
12
graph (1) shall
13
(A) identify the offense for which
the per-
14
son has been arrested or
charged;
15
(B) identify the location and
description
16
of the accounts to be restrained;
and
17
(C) state that the restraining
order is
18
needed to prevent the removal of
the funds in
19
the account by the person arrested
or charged,
20
or by others associated with such
person, dur-
21
ing the time needed by the
Government to con-
22
duct such investigation as may be
necessary to
23
establish whether there is probable
cause to be-
24
lieve that the funds in the
accounts are subject
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17
1
to forfeiture in connection with
the commission
2
of any criminal offense.
3
(3) RELEASE
OF FUNDS. At the expiration of
4
the period of restraint described
in paragraph (1),
5
the financial institution holding
the funds that have
6
been subject to restraint shall be
free to release
7
those funds at the direction of the
account holder
8
unless the Government has obtained
a seizure war-
9
rant, a restraining order, or an
arrest warrant in
10
rem pursuant to the Supplemental
Rules for Certain
11
Admiralty and Maritime
Claims.
12
(4) DEFINITIONS. For purposes of
this
13
section
14
(A) the term account includes any
ac- -
15
count (as defined in paragraphs (1)
and (2) of
16
section 5318A(e)) at any financial
institution;
17
and
18
(B) the term account held by the
person
19
arrested or charged includes an
account held in
20
the name of such person, and any
account over
21
which such person has effective
control as a sig-
22
natory or otherwise. .
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18
1
SEC. 204. PROCEDURE FOR ISSUING
SUBPOENAS IN MONEY
2
LAUNDERING CASES.
3
(a) IN GENERAL. Section 5318 of
title 31, United
4
States Code, is amended
5
(1) by redesignating subsection
(l), as added by
6
section 359 of the International
Money Laundering
7
Abatement and Financial
Anti-Terrorism Act of
8
2001 (115 Stat. 328), as subsection
(m); and
9
(2) by adding at the end the
following:
10
(n) PROCEDURE
FOR
ISSUING SUBPOENAS. The
11
Attorney General may issue a
subpoena in the manner set
12
forth in section 3486 of title 18
13
(1) in any situation in which
subsection (k)
14
applies; or
15
(2) in any investigation of a
violation of sec-
16
tion 5316, 5324, 5331, or 5332 of
this title or sec-
17
tion 1956, 1957, or 1960 of title
18. .
18
(b) GRAND JURY SUBPOENAS.
Section
19
5318(k)(3)(A) of title 31, United
States Code, is
20
amended
21
(1) in clause (i), by striking
related to such
22
correspondent account ; and
23
(2) by adding at the end the
following:
24
(iii) GRAND
JURY OR TRIAL SUB-
25
POENA. A subpoena issued by the Attor-
June 27, 2003
MDM\MDM03.556 S.L.C.
19
1
ney General under clause (i) may be
a
2
grand jury or a trial subpoena.
.
3
(c) FAIR CREDIT REPORTING ACT
AMENDMENT.
4
Section 604(a)(1) of the Fair
Credit Reporting Act (15
5
U.S.C. 1681b(a)(1)) is amended by
inserting before the
6
period at the end , or an
investigative subpoena issued
7
pursuant to section 5318 of title
31, United States Code .
8
(d) OBSTRUCTION
OF
JUSTICE. Section 1510(b) of
9
title 18, United States Code, is
amended
10
(1) in paragraph (2)(A), by
inserting or an in-
11
vestigative subpoena issued
pursuant to section 5318
12
of title 31 after grand jury
subpoena ; and
13
(2) in paragraph (3)(B), by
inserting , an in-
14
vestigative subpoena issued
pursuant to section 5318
15
of title 31, after grand jury
subpoena .
16
(e) RIGHT
TO
FINANCIAL PRIVACY ACT
OF
1978.
17
Section 1120(b)(1) of the Right to
Financial Privacy Act
18
of 1978 (12 U.S.C. 3420(b)(1) is
amended
19
(1) by inserting , or an
investigative subpoena
20
issued pursuant to section 5318 of
title 31, United
21
States Code, after grand jury
subpoena ; and
22
(2) by inserting or to the
Government after
23
to the grand jury .
June 27, 2003
MDM\MDM03.556 S.L.C.
20
1
SEC. 205. USING BLANK CHECKS IN
BEARER FORM TO
2
SMUGGLE MONEY.
3
Section 5316 of title 31, United
States Code, is
4
amended by adding at the end the
following:
5
(e) MONETARY INSTRUMENTS WITH
AMOUNT LEFT
6
BLANK. For purposes of this
section, a monetary instru-
7
ment in bearer form that has the
amount left blank so
8
that the amount could be filled in
by the bearer, shall be
9
considered to have a value equal to
the value of the funds
10
in the account on which the
monetary instrument is drawn
11
at the time it was being
transported. .
12
SEC. 206. TREATING ELECTRONIC
FUNDS AS FUNGIBLE
13
PROPERTY.
14
Section 5317(c) of title 31, United
States Code, is
15
amended
16
(1) in paragraph (2), by striking
Any prop-
17
erty and inserting the
following: :
18
(A) IN
GENERAL. Any property ; and
19
(2) by adding at the end the
following:
20
(B) FUNGIBLE
PROPERTY. In any civil
21
forfeiture action brought pursuant
to this sec-
22
tion, section 5332, or section
981(a)(1)(A) of
23
title 18, currency, precious
metals, gem stones,
24
and funds held in any account at
any financial
25
institution in electronic form
shall be considered
26
fungible property identical to
other property lo-
June 27, 2003
MDM\MDM03.556 S.L.C.
21
1
cated in the same place or account
at an earlier
2
time.
3
(C) BURDEN
OF PROOF. In any case de-
4
scribed under subparagraph (B)
5
(i) the Government shall not be
re-
6
quired to identify the specific
property in-
7
volved in the offense that is the
basis for
8
the forfeiture; and
9
(ii) the removal and replacement
of
10
the property involved in such
offense with
11
identical property shall not be a
defense. .
12
SEC. 207. MAKING DOMESTIC MONEY
LAUNDERING STAT-
13
UTE APPLY TO
‘‘REVERSE’’ MONEY LAUN-
14
DERING.
15
Section 1957 of title 18, United
States Code, is
16
amended
17
(1) in the header, by inserting
or in sup-
18
port of criminal activity
after specified
19
unlawful activity
; and
20
(2) in subsection (a)
21
(A) by inserting (1) before Whoever
;
22
and
23
(B) by adding at the end the
following:
24
(2) Whoever, in any of the
circumstances de-
25
scribed under subsection (d),
engages or attempts to
June 27, 2003
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22
1
engage in a monetary transaction
involving property
2
of a value greater than $10,000,
with the intent to
3
promote the carrying on of
specified unlawful activ-
4
ity, shall be fined under this
title, imprisoned for a
5
term of years not to exceed the
statutory maximum
6
for the activity being promoted, or
both. .
7
SEC. 208. MAKING INTERNATIONAL
MONEY LAUNDERING
8
STATUTE APPLY TO TAX
EVASION.
9
Section 1956(a)(2)(A) of title 18,
United States
10
Code, is amended
11
(1) by striking to promote and
inserting
12
to
13
(i) promote ; and
14
(2) by adding at the end the
following:
15
(ii) engage in conduct
constituting a vio-
16
lation of section 7201 or 7206 of
the Internal
17
Revenue Code of 1986; or .
18
SEC. 209. SECTION 1957
VIOLATIONS INVOLVING COMMIN-
19
GLED FUNDS AND STRUCTURED
TRANS-
20
ACTIONS.
21
Section 1957(f) of title 18, United
States Code, is
22
amended
23
(1) in paragraph (2), by striking
and at the
24
end;
June 27, 2003
MDM\MDM03.556 S.L.C.
23
1
(2) in paragraph (3), by striking
the period at
2
the end and inserting a semicolon;
and
3
(3) by adding at the end the
following:
4
(4) the term monetary transaction
in crimi-
5
nally derived property of a value
greater than
6
$10,000 includes
7
(A) a monetary transaction
involving the
8
transfer, withdrawal, encumbrance,
or other
9
disposition of more than $10,000
from a bank
10
account in which more than $10,000
in pro-
11
ceeds of specified unlawful
activity have been
12
commingled with other funds;
13
(B) a series of monetary
transactions in
14
amounts under $10,000 that exceed
$10,000 in
15
the aggregate and that are closely
related to
16
each other in terms of such factors
as time, the
17
identity of the parties involved,
the nature and
18
purpose of the transactions and the
manner in
19
which they are conducted;
and
20
(C) any financial transaction
described in
21
section 1956(j) that involves more
than
22
$10,000 in proceeds of specified
unlawful activ-
23
ity; and
24
(5) the term monetary transaction
involving
25
property of a value greater than
$10,000 includes
June 27, 2003
MDM\MDM03.556 S.L.C.
24
1
a series of monetary transactions
in amounts under
2
$10,000 that exceed $10,000 in the
aggregate and
3
are closely related to each other
in terms of time,
4
the identity of the parties
involved, the nature and
5
purpose of the transactions, and
the manner in
6
which such transactions are
conducted. .
7
SEC. 210. CHARGING MONEY
LAUNDERING AS A COURSE OF
8
CONDUCT.
9
Section 1956(h) of title 18, United
States Code, is
10
amended
11
(1) by inserting (1) before Any
person ;
12
(2) by striking or section 1957 and
inserting
13
, section 1957, or section 1960 ;
and
14
(3) by adding at the end the
following:
15
(2) Multiple violations of this
section that are part
16
of the same scheme or continuing
course of conduct may
17
be charged in a single count in an
indictment or informa-
18
tion. .
19
SEC. 211. LAUNDERING THE
PROCEEDS OF FOREIGN
20
CRIMES.
21
Section 1956(c)(7)(B) of title 18,
United States
22
Code, is amended
23
(1) in clause (v), by striking or
at the end; ;
24
(2) in clause (vi), by adding or at
the end; ;
25
and
June 27, 2003
MDM\MDM03.556 S.L.C.
25
1
(3) by adding at the end the
following:
2
(vii) any act or activity that
would
3
constitute a specified unlawful
activity
4
under this paragraph if committed
within
5
the jurisdiction of the United
States or any
6
State; .
7
SEC. 212. ILLEGAL MONEY
TRANSMITTING BUSINESSES.
8
(a) TECHNICAL AMENDMENTS. Section
1960 of
9
title 18, United States Code, is
amended
10
(1) in the heading, by striking
unlicensed
11
and inserting illegal ;
12
(2) in subsection (a), by striking
unlicensed
13
and inserting illegal ; and
14
(3) in subsection (b)(1)
15
(A) by striking unlicensed and
inserting
16
illegal ; and
17
(B) in subparagraph (C), by
striking to
18
be used to be used and inserting to
be used .
19
(b) DEFINITION
OF
BUSINESS TO INCLUDE
20
HAWALAS
AND
MONEY BROKERS
FOR
DRUG CARTELS.
21
Section 1960(b) of title 18, United
States Code, is
22
amended
23
(1) in paragraph (2), by striking
and at the
24
end;
June 27, 2003
MDM\MDM03.556 S.L.C.
26
1
(2) in paragraph (3), by striking
the period at
2
the end and inserting ; and ;
and
3
(3) by adding at the end the
following:
4
(4) the term business includes any
person or
5
association of persons, formal or
informal, licensed
6
or unlicensed, that provides money
transmitting
7
services outside of the
conventional financial institu-
8
tions system on behalf of any third
party in return
9
for remuneration or other
consideration. .
10
(c) GENERAL INTENT
REQUIREMENT FOR
SECTION
11
1960(b)(1)(B). Section
1960(b)(1)(B) of title 18,
12
United States Code, is amended by
inserting before the
13
semicolon the following: , whether
or not the defendant
14
knew that the operation was
required to comply with such
15
registration requirements .
16
(d) AUTHORITY TO INVESTIGATE.
Section 1960 of
17
title 18, United States Code, is
amended by adding at the
18
end the following:
19
(c) Violations of this section may
be investigated
20
by
21
(1) the Attorney General;
22
(2) the Secretary of the
Treasury;
23
(3) the Secretary of the
Department of Home-
24
land Security; and
25
(4) the United States Postal
Service. .
June 27, 2003
MDM\MDM03.556 S.L.C.
27
1
SEC. 213. DEFINITION OF PUBLIC
OFFICIAL.
2
Section 1956(c) of title 18, United
States Code, is
3
amended
4
(1) in paragraph (8), by striking
the period at
5
the end and inserting ; and ;
and
6
(2) by adding at the end the
following:
7
(9) the term public official means
any officer
8
or employee of a government or any
department,
9
agency, or instrumentality thereof,
or of a public
10
international organization, or any
person acting in
11
an official capacity for or on
behalf of any such gov-
12
ernment or department, agency, or
instrumentality,
13
or for or on behalf of any such
public international
14
organization. .
15
SEC. 214. OTHER SPECIFIED
ACTIVITY FOR MONEY LAUN-
16
DERING.
17
(a) AMENDMENTS
TO
RICO. Section 1961(1) of
18
title 18, United States Code, is
amended
19
(1) in subparagraph (A), by
inserting bur-
20
glary, embezzlement , after
robbery, ;
21
(2) in subparagraph (B)
22
(A) by inserting and 1470 after
1461
23
1465 ;
24
(B) by striking 1588 and
inserting
25
1592 ;
June 27, 2003
MDM\MDM03.556 S.L.C.
28
1
(C) by inserting section 1960
(relating to
2
unlicensed money transmitting
businesses) , be-
3
fore sections 2251, ; and
4
(D) by inserting 2252A, after 2252,
;
5
(3) in subparagraph (D), by
striking fraud in
6
the sale of securities and
inserting fraud in the
7
purchase or sale of securities ;
and
8
(4) in subparagraph (F), by
inserting or
9
274A after 274 .
10
(b) MONEY LAUNDERING. Section
1956(c)(7)(D) of
11
title 18, United States Code, is
amended
12
(1) by striking 2339A or 2339B and
insert- -
13
ing 2339A, 2339B, or 2339C ;
and
14
(2) by inserting before the
semicolon at the end
15
the following: , or section 208 of
the Social Secu-
16
rity Act (42 U.S.C. 408) (relating
to obtaining funds
17
through misuse of a social security
number) .
18
(c) PROTECTION
OF
NATURAL RESOURCES
AND
CUL-
19
TURAL
ASSETS. Section 1956(c)(7) of title
18, United
20
States Code, as amended by
subsection (b), is further
21
amended
22
(1) in subparagraph (E)
23
(A) by striking ; or and inserting
, or
24
the Clean Air Act (42 U.S.C. 7401
et seq.), or
25
any wildlife protection offense, as
defined in
June 27, 2003
MDM\MDM03.556 S.L.C.
29
1
section 44 , after the Resources
Conservation
2
and Recovery Act (42 U.S.C. 6901 et
seq.) ;
3
(2) in subparagraph (F), by adding
or after
4
the semicolon; and
5
(3) by inserting after subparagraph
(F) the fol-
6
lowing:
7
(G) any violation of the
Archaeological
8
Resources Protection Act of 1979
(16 U.S.C.
9
470aa et seq.) or the Native
American Graves
10
Protection and Repatriation Act (25
U.S.C.
11
3001 et seq.). .
12
(d) WILDLIFE PROTECTION OFFENSE.
13
(1) Chapter 3 of title 18, United
States Code,
14
is amended by inserting after
section 43 the fol-
15
lowing:
16
‘‘§ 44.
Definition of Wildlife Protection Offense
17
(a) IN GENERAL. As used in this
title, the term
18
wildlife protection offense means
any act that may be
19
prosecuted as a criminal offense,
which constitutes any
20
violation of
21
(1) a provision of this
chapter;
22
(2) any Act listed in subsection
(b); or
23
(3) any regulation promulgated
under the au-
24
thority of such Act.
June 27, 2003
MDM\MDM03.556 S.L.C.
30
1
(b) WILDLIFE PROTECTION ACTS. The
statutes
2
referred to in subsection (a) are
3
(1) the Lacey Act (16 U.S.C. 701
and 18
4
U.S.C. 42);
5
(2) the Lacey Act Amendments of
1981 (16
6
U.S.C. 3371 et seq.)
7
(3) the Endangered Species Act of
1973 (16
8
U.S.C. 1531 et seq.);
9
(4) the Marine Mammal Protection
Act of
10
1972 (16 U.S.C. 1361 et
seq.);
11
(5) the African Elephant
Conservation Act (16
12
U.S.C. 4201 et seq.);
13
(6) the Wild Bird Conservation Act
of 1992
14
(16 U.S.C. 4901 et seq.);
15
(7) the Bald and Golden Eagle
Protection Act
16
(16 U.S.C. 668 et seq.);
17
(8) the Migratory Bird Treaty Act
(16 U.S.C.
18
703 et seq.);
19
(9) the Migratory Bird Hunting
Stamp Act
20
(16 U.S.C. 718 et seq.);
21
(10) the Fish and Wildlife Act of
1956 (16
22
U.S.C. 742a et seq.);
23
(11) the Antarctic Conservation
Act of 1978
24
(16 U.S.C. 2401 et seq.);
June 27, 2003
MDM\MDM03.556 S.L.C.
31
1
(12) the National Wildlife Refuge
System Ad-
2
ministration Act (16 U.S.C. 668dd
et seq.);
3
(13) the Rhinoceros and Tiger
Conservation
4
Act of 1994 (16 U.S.C. 5301 et
seq.);
5
(14) the Federal Cave Resources
Protection
6
Act of 1988 (16 U.S.C. 4301 et
seq.); or
7
(15) the Antarctic Marine Living
Resources
8
Convention (16 U.S.C. 2431 et
seq.).
9
(b) TECHNICAL
AND
CONFORMING AMENDMENT.
10
The table of sections for chapter 3
of title 18, United
11
States Code, is amended by
inserting after the item relat-
12
ing to section 43 the following new
item:
44.
Definition of wildlife protection offense. .
13
Subtitle B—Recovering
and
14
Confiscating Criminal
Proceeds
15
SEC. 221. CRIMINAL FORFEITURE
FOR MONEY LAUN-
16
DERING CONSPIRACIES.
17
Section 982(a)(1) of title 18,
United States Code, is
18
amended by striking of this title,
and inserting , or
19
a conspiracy to commit any such
offense, .
20
SEC. 222. FUNGIBLE
PROPERTY.
21
(a) IN GENERAL. Section 984(b) of
title 18, United
22
States Code, is amended to read as
follows:
23
(b) The provisions of this section
may be invoked
24
only if the action for forfeiture
was commenced by the sei-
25
zure or restraint of the property,
or by the filing of a com-
June 27, 2003
MDM\MDM03.556 S.L.C.
32
1
plaint, within 2 years of the
completion of the offense that
2
is the basis for the forfeiture.
.
3
(b) MONEY LAUNDERING WITH GEM
STONES. Sec-
4
tion 984(a)(1) of title 18, United
States Code, is amended
5
by striking precious metals and
inserting precious met-
6
als or stones .
7
SEC. 223. FORFEITING THE
PROCEEDS OF FOREIGN
8
CRIMES.
9
Section 981(a)(1)(B)(i) of title
18, United States
10
Code, is amended to read as
follows:
11
(i) involves any violation of
foreign law
12
that would constitute an offense
for which prop-
13
erty could be forfeited under
Federal law if the
14
offense were committed in the
United States, or
15
any other conduct described in
section
16
1956(c)(7)(B); .
17
SEC. 224. RECOVERY OF CRIMINAL
PROCEEDS FROM THIRD
18
PARTIES.
19
Section 1956(b) of title 18, United
States Code, is
20
amended by adding at the end the
following:
21
(5) RECOVERY
OF TRANSFERRED PROP-
22
ERTY.
23
(A) IN
GENERAL. If property involved in
24
a violation of subsection (a) or
section 1957,
25
1960, or 1962, or a conspiracy to
commit any
June 27, 2003
MDM\MDM03.556 S.L.C.
33
1
such offense, is transferred to a
third party who
2
is not a bona fide purchaser for
value, the
3
United States may file a civil
action against the
4
transferee to recover the property,
or a sum of
5
money equal to the value of the
property imme-
6
diately before the transfer, plus
interest from
7
the time of the transfer.
8
(B) VENUE. Venue for an action
under
9
subparagraph (A) shall lie in any
district in
10
which the criminal violation or the
transfer of
11
the property occurred. .
12
SEC. 225. RESTRAINT OF PROCEEDS
OF FOREIGN CRIME.
13
Section 981(b)(4) of title 18,
United States Code, is
14
amended
15
(1) in subparagraph (A), by
striking an of-
16
fense that would give rise to the
forfeiture of prop-
17
erty in the United States under
this section or under
18
the Controlled Substances Act, and
inserting con-
19
duct that may be the basis for a
forfeiture action
20
that has been, or could be, filed
in a Federal court
21
under this section or under the
Controlled Sub-
22
stances Act or that may be the
basis for a foreign
23
forfeiture judgment enforceable in
the United States
24
under section 2467 of title 28, ;
and
25
(2) by adding at the end the
following:
June 27, 2003
MDM\MDM03.556 S.L.C.
34
1
(C) If property subject to
restraint under
2
subparagraph (A) is located in more
than 1 dis-
3
trict, a court in any district in
which the prop-
4
erty is located may enter an order
under sub-
5
paragraph (A) regarding property
located in
6
that district and any other
district. .
7
SEC. 226. EXTRATERRITORIAL
JURISDICTION.
8
Section 1956(f)(1) of title 18,
United States Code,
9
is amended by inserting before the
semicolon the following:
10
or has an effect in the United
States .
11
SEC. 227. AVAILABILITY OF TAX
RECORDS.
12
Section 6103 of the Internal
Revenue Code of 1986
13
(relating to confidentiality of
returns) is amended
14
(1) in subsection (a)(3), by
inserting sub-
15
section (i)(9), after subsection
(e)(1)(D)(iii), ;
16
and
17
(2) in subparagraph (i)
18
(A) in paragraph (1)(A)(i), by
inserting
19
or related civil forfeiture after
Federal
20
criminal statute ;
21
(B) in paragraph (1)(B)(iii), by
inserting
22
or civil forfeiture investigation
or proceeding
23
after Federal criminal
investigation or pro-
24
ceeding ; and
25
(C) by adding at the end the
following:
June 27, 2003
MDM\MDM03.556 S.L.C.
35
1
(9) EMPLOYEE
OF THE DEPARTMENT OF
JUS-
2
TICE. For the purposes of this subsection, an
em-
3
ployee of the Department of Justice
includes a gov-
4
ernment contractor who is
personally and directly
5
engaged in the activities described
in this subsection
6
under the supervision of the
Department of Jus-
7
tice. .
8
SEC. 228. CIVIL ORDER TO
REPATRIATE ASSETS.
9
Section 983(j) of title 18, United
States Code, is
10
amended by adding at the end the
following:
11
(5) ORDER
TO REPATRIATE AND
DEPOSIT.
12
(A) IN
GENERAL. Pursuant to its au-
13
thority to enter a pretrial
restraining order
14
under this section, the court may
order a party
15
or claimant to repatriate any
property that may
16
be seized and forfeited, and to
deposit that
17
property, pending trial, in the
registry of the
18
court, or with the United States
Marshals Serv-
19
ice or the Secretary of the
Treasury, in an in-
20
terest-bearing account, as
appropriate.
21
(B) FAILURE
TO COMPLY. Failure to
22
comply with an order under this
paragraph
23
shall be punishable as a civil or
criminal con-
24
tempt of court, and may also result
in an en-
25
hancement of the sentence of a
criminal defend-
June 27, 2003
MDM\MDM03.556 S.L.C.
36
1
ant subject to such an order under
the obstruc-
2
tion of justice provision of the
Federal sen-
3
tencing guidelines. .
4
SEC. 229. FORFEITURE FOR FAILURE
TO REPORT LARGE
5
CASH TRANSACTIONS.
6
Section 5317(c) of title 31, United
States Code, is
7
amended
8
(1) in paragraph (1)(A), by
striking or 5324
9
of this title and inserting 5324,
or 5331 ; and
10
(2) in paragraph (2), by striking
or 5324 of
11
this title and inserting 5324, or
5331 .
12
SEC. 230. ASSETS OF PERSONS
COMMITTING TERRORIST
13
ACTS AGAINST FOREIGN
COUNTRIES.
14
Section 981(a)(1) of title 18,
United States Code, is
15
amended
16
(1) in subparagraph (G)
17
(A) in clause (ii), by deleting or
at the
18
end;
19
(B) in clause (iii), by striking
the period at
20
the end and inserting ; or ;
and
21
(C) by adding at the end the
following:
22
(iv) of any individual, entity, or
organiza-
23
tion engaged in planning or
perpetrating any
24
act of international terrorism (as
defined in sec-
25
tion 2331) against any
international organiza-
June 27, 2003
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37
1
tion (as defined in section 209(b)
of the State
2
Department Basic Authorities Act of
1956 (22
3
U.S.C. 4309(b)) or against any
foreign govern-
4
ment, its citizens or residents, or
their prop-
5
erty. ; and
6
(2) in subparagraph (H), by adding
at the end
7
the following: Property that is
located beyond the
8
territorial boundaries of the
United States shall not
9
be subject to forfeiture under
subparagraph (G)(iv)
10
unless an act in furtherance of
planning or perpetra-
11
tion of an act of international
terrorism occurred
12
within the jurisdiction of the
United States. .
13
SEC. 231. TECHNICAL AMENDMENT TO
RESTORE WIRETAP
14
AUTHORITY FOR CERTAIN MONEY
LAUN-
15
DERING OFFENSES.
16
(a) MONEY LAUNDERING. Section
2516(1)(c) of
17
title 18, United States Code, is
amended by inserting sec-
18
tion 1960 (relating to illegal
money transmitting busi-
19
nesses), before section 659
.
20
(b) CURRENCY REPORTING OFFENSES.
Section
21
2516(1)(g) of title 18, United
States Code, is amended
22
to read as follows:
23
(g) any offense punishable under
section 5322,
24
5324 or 5332 of title 31, United
States Code (deal-
June 27, 2003
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38
1
ing with the reporting and illegal
structuring of cur-
2
rency transactions); .
3
SEC. 232. KNOWLEDGE THAT THE
PROPERTY IS THE PRO-
4
CEEDS OF A SPECIFIC
FELONY.
5
(a) INTENT TO CONCEAL
OR
DISGUISE. Sections
6
1956(a) of title 18, United States
Code, is amended
7
(1) in paragraph (1)(B)(i), by
striking speci-
8
fied unlawful activity and
inserting some form of
9
unlawful activity ; and
10
(2) in paragraph (2)(B)(i), by
striking speci-
11
fied unlawful activity and
inserting some form of
12
unlawful activity .
13
(b) PROCEEDS
OF A
FELONY. Section 1956(c)(1)
of
14
title 18, United States Code, is
amended by inserting ,
15
and regardless of whether or not
the person knew that
16
the activity constituted a felony
before the semicolon at
17
the end.
18
SEC. 233. DISCOVERY PROCEDURE
FOR LOCATING
19
LAUNDERED MONEY.
20
Section 413(m) of the Controlled
Substances Act (21
21
U.S.C. 853(m)) is amended by
inserting before the period
22
at the end the following: to the
extent that the provisions
23
of the Rule are consistent with the
purposes for which dis-
24
covery is conducted under this
subsection. Because this
25
subsection applies only to matters
occurring after the de-
June 27, 2003
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39
1
fendant has been convicted and the
property of the defend-
2
ant has been declared forfeited,
the provisions of Rule 15
3
requiring the presence of the
defendant at the deposition
4
of any other witness, or a waiver
by the defendant of a
5
right to be present, shall not
apply .
6
SEC. 234. AUTHORIZATION TO SHARE
RECOVERED PROP-
7
ERTY WITH COOPERATING FOREIGN
GOV-
8
ERNMENTS.
9
(a) IN GENERAL. Section 981(i)(1)
of title 18,
10
United States Code, is amended by
striking this chapter
11
and inserting any provision of
Federal law .
12
(b) CONFORMING AMENDMENTS. Section
511(e)(1)
13
of the Controlled Substances Act
(21 U.S.C. 881(e)(1))
14
is amended
15
(1) in subparagraph (C), by adding
or after
16
the semicolon;
17
(2) in subparagraph (D), by
striking ; or and
18
inserting a period; and
19
(3) by striking subparagraph
(E).
20
SEC. 235. CRIMINAL FORFEITURE OF
PROPERTY IN GOV-
21
ERNMENT CUSTODY.
22
Section 413(f) of the Controlled
Substances Act (21
23
U.S.C. 853(f)) is amended
24
(1) by striking The Government and
insert- -
25
ing the following:
June 27, 2003
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40
1
(1) The Government ; and
2
(2) by adding at the end the
following:
3
(2) If property subject to
criminal forfeiture
4
under this section is already in
the custody of the
5
United States or any agency
thereof, it shall not be
6
necessary to seize or restrain the
property for the
7
purpose of criminal
forfeiture.
8
(3) If the seizure warrant is
obtained after the
9
property to be seized has been
listed in an indict-
10
ment or criminal information or
related bill of par-
11
ticulars, the requirement that the
warrant be exe-
12
cuted within 10 days under Rule 41,
Federal Rules
13
of Criminal Procedure, shall not
apply. .
14
SEC. 236. NON-ABATEMENT OF
CRIMINAL FORFEITURE
15
WHEN DEFENDANT DIES PENDING
APPEAL.
16
Section 413 of the Controlled
Substances Act (21
17
U.S.C. 853), as amended by sections
234 and 236, is fur-
18
ther amended by adding at the end
the following:
19
(r) NON-ABATEMENT
OF
FORFEITURE ORDER.
20
An order of forfeiture that has
been made part of a crimi-
21
nal sentence under this section
shall not abate by reason
22
of the death thereafter of any or
all of the defendants or
23
petitioners or potential
petitioners, regardless of any ap-
24
peal that may be pending at the
time of death. .
June 27, 2003
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41
1
SEC. 237. MISCELLANEOUS MINOR
AND TECHNICAL
2
AMENDMENTS.
3
(a) CRIMINAL FORFEITURE. Section
982(b)(2) of
4
title 18, United States Code, is
amended by striking The
5
substitution and inserting With
respect to a forfeiture
6
under subsection (a)(1), the
substitution .
7
(b) DEFINITION
OF
FINANCIAL INSTITUTION. Sec-
8
tion 5312(a)(2) of title 31, United
States Code, is
9
amended
10
(1) by redesignating subparagraphs
(Y) and (Z)
11
as subparagraphs (Z) and (AA),
respectively; and
12
(2) by inserting after subparagraph
(X) the fol-
13
lowing:
14
(Y) a bail bondsman; .
15
(c) TECHNICAL AMENDMENT
TO
SECTION 1957.
16
Section 1957 of title 18, United
States Code, is
17
amended
18
(1) in subsection (a), by striking
engages or
19
attempts to engage in and inserting
conducts or
20
attempts to conduct ; and
21
(2) in subsection (f)
22
(A) in paragraph (2), by striking
and at
23
the end;
24
(B) in paragraph (3), by striking
the pe-
25
riod at the end and inserting ; and
; and
26
(C) by inserting at the end the
following:
June 27, 2003
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42
1
(4) the term conducts has the
meaning given
2
the term in section 1956. .
3
(d) OBSTRUCTION
OF
JUSTICE. Section
4
1510(b)(3)(B) of title 18, United
States Code, is amended
5
by inserting , a subpoena issued
pursuant to section 1782
6
of title 28, before or a Department
of Justice sub-
7
poena .
8
(e) TECHNICAL CORRECTIONS
TO
USA PATRIOT
9
ACT.
10
(1) USA
PATRIOT ACT. Section 322 of Public
11
Law 107 56 is amended by striking
title 18 and
12
inserting title 28 .
13
(2) TITLE 18. Title 18, United
States Code, is
14
amended
15
(A) in section 981(k), by striking
foreign
16
bank each place it appears and
inserting for-
17
eign bank or financial institution
; and
18
(B) in section 1956(b), by striking
de-
19
scribed in paragraph (2) each place
it appears. .
20
(3) TITLE 31. Chapter 53 of title
31, United
21
States Code, is amended
22
(A) in section 5312(a)(3)(C), by
striking
23
5333 and inserting 5331 ;
24
(B) in section 5318(k)(1)(B) by
striking
25
(f) and inserting (e) ;
June 27, 2003
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43
1
(C) in section 5324(b), by striking
5333
2
each place it appears and inserting
5331 ; and
3
(D) in section 5332(a)(1), by
striking ar-
4
ticle of luggage and inserting
article of lug-
5
gage or mail .
6
SEC. 238. VENUE FOR PRISONER
CHALLENGES TO SEIZURE
7
OF CRIME PROCEEDS.
8
(a) IN GENERAL. Section 983(e) of
title 18, United
9
States Code, is amended
10
(1) in paragraph (3), by adding at
the end the
11
following: If the person filing the
motion was a de-
12
fendant in a criminal prosecution
related to the sei-
13
zure of the property, the motion
shall be filed in the
14
district where such prosecution
took place, or in the
15
district where the property was
seized. ; and
16
(2) by adding at the end the
following:
17
(6) Any person entitled to written
notice in an
18
judicial forfeiture proceeding
under a civil forfeiture
19
statute who does not receive such
notice may file a
20
motion to set aside the judgment of
forfeiture with
21
respect to that person s interest
in the property in
22
accordance with the procedures for
setting aside a
23
non-judicial forfeiture, as set
forth in paragraphs (1)
24
through (5). .
June 27, 2003
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44
1
(b) EFFECTIVE DATE. The provisions
of section
2
983(e) of title 18, United States
Code, shall apply to any
3
motion to set aside a declaration
or judgment of forfeiture
4
if such motion is filed on or after
August 23, 2000.
5
SEC. 239. RESTORING CRIMINAL
PROCEEDS TO VICTIMS.
6
The amendments to section 981(e)(6)
of title 18,
7
United States Code, made by Public
Law 106 185 (114
8
Stat. 202), relating to the
restoration of criminally derived
9
property to crime victims, shall
apply to all cases pending
10
on August 23, 2000, or commenced
thereafter, regardless
11
of the date of the offense or the
date when the criminally
12
derived property was
recovered.
13
SEC. 240. AFFORDING PROPERTY
OWNERS A HEARING ON
14
THE SEIZURE OF REAL
PROPERTY.
15
Section 985(e) of title 18, United
States Code, is
16
amended to read as follows:
17
(e) If the court authorizes a
seizure of real property
18
under subsections (d)(1)(B)(ii), it
shall afford the prop-
19
erty owner an opportunity for a
prompt post-seizure hear-
20
ing to determine whether there was
probable cause for the
21
seizure. .
22
SEC. 241. JURISDICTION OF
MAGISTRATES.
23
Section 636(a) of title 28, United
States Code, is
24
amended
June 27, 2003
MDM\MDM03.556 S.L.C.
45
1
(1) in paragraph (4), by striking
and after
2
the semicolon;
3
(2) in paragraph (5), by striking
the period and
4
inserting ; and ; and
5
(3) by adding at the end the
following:
6
(6) all powers and duties
conferred or imposed
7
upon the courts by sections 981
through 986 of title
8
18, United States Code, in
connection with forfeiture
9
proceedings, but not including the
conduct of the
10
trial. .
11
SEC. 242. TECHNICAL AMENDMENT
REGARDING THE PRO-
12
CEDURES FOR CRIMINAL
FORFEITURE.
13
Section 2461(c) of title 28, United
States Code, is
14
amended by striking in accordance
with the procedures
15
set forth in section 413 of the
Controlled Substances Act
16
(21 U.S.C. 853), other than
subsection (d) of that sec-
17
tion. and inserting in accordance
with those Rules. The
18
procedures set forth in section 413
of the Controlled Sub-
19
stances Act (21 U.S.C. 853), except
for subsection (d) of
20
that section, shall apply to all
stages of the criminal for-
21
feiture proceeding. .
22
SEC. 243. CLARIFICATION OF 18
U.S.C. 3322.
23
Section 3322(a) of title 18, United
States Code, is
24
amended by inserting before the
period the following: ,
25
including disclosing such
information in a complaint, or
June 27, 2003
MDM\MDM03.556 S.L.C.
46
1
in an application for a seizure
warrant or restraining
2
order, or for use at any trial or
hearing. Disclosure to an
3
attorney for the Government under
this section shall in-
4
clude disclosure to any Government
employee or con-
5
tractor regularly engaged in
assisting the attorney to
6
whom the information is disclosed
in the conduct of civil
7
litigation. .
8
SEC. 244. MINOR AMENDMENTS TO
THE CIVIL ASSET FOR-
9
FEITURE REFORM ACT OF
2000.
10
(a) SECTION 981. Section 981 of
title 18, United
11
States Code, as amended by this
title, is further amended
12
by adding at the end the
following:
13
(l) The
procedural provisions of this section shall
14
apply to any civil forfeiture
statute, as that term is defined
15
in Section 983(i). .
16
(b) TURNOVER ORDERS; INCARCERATED
PER-
17
SONS. Section 983(a)(1) of title 18, United
States Code,
18
is amended
19
(1) in subparagraph (A)(iv), by
adding at the
20
end the following: In a State where
the State or
21
local law enforcement agency must
obtain an order
22
from a State court authorizing the
turnover, the pe-
23
riod from the date the law
enforcement agency ap-
24
plies for the turnover order to the
date when such
June 27, 2003
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47
1
order is issued by the court shall
not be included in
2
the 90-day period. ; and
3
(2) in subparagraph (F), by
inserting at the
4
end the following: The Government
shall not be re-
5
quired to return property to a
person who is incar-
6
cerated. .
7
(c) CRIMINAL INFORMATION. Section
983(a)(3) of
8
title 18, United States Code, is
amended by striking
9
criminal indictment each place it
appears and inserting
10
criminal indictment or information
.
11
(d) ENDANGERED SPECIES
AND
OTHER CONTRA-
12
BAND. Section 983(d)(4) of title 18, United
States Code,
13
is amended
14
(1) by inserting (A) before
Notwith-
15
standing ; and
16
(2) by inserting the following at
the end:
17
(B) As used in this paragraph, the
term prop-
18
erty that it is illegal to possess
includes
19
(i) animal or animal products
protected
20
by any law enacted to conserve or
protect en-
21
dangered species or other wildlife
or natural re-
22
sources;
23
(ii) historic or cultural
artifacts, works of
24
art, archaeological or
paleontological resources,
25
human remains, fossils and other
things pro-
June 27, 2003
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48
1
tected by any law enacted to
preserve, protect,
2
recover or restore historic or
cultural resources;
3
and
4
(iii) any firearm, explosive,
chemical
5
agent or other instrumentality used
to commit
6
a crime of violence. .
7
SEC. 245. COLLECTION OF CRIMINAL
FORFEITURE JUDG-
8
MENT.
9
Section 413 of the Controlled
Substances Act (21
10
U.S.C. 853), as amended by this
title, is further amended
11
by adding at the end the
following:
12
(s) COLLECTION
OF
CRIMINAL FORFEITURE
JUDG-
13
MENT. In addition to the authority otherwise
provided
14
under this section, an order of
forfeiture may be
15
enforced
16
(1) in the manner provided for the
collection
17
and payment of fines under
subchapter B of chapter
18
229 of title 18, United States
Code; or
19
(2) in the same manner as a
judgment in a
20
civil action. .
21
SEC. 246. PROPERTY DETAINED AT
THE BORDER.
22
Section 983(a)(1) of title 18,
United States Code, as
23
amended by section 244(b), is
further amended
24
(1) in subparagraph (A), by adding
at the end
25
the following:
June 27, 2003
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49
1
(vi) In cases where property is
detained at an
2
international border or port of
entry for the purpose
3
of examination, testing,
inspection, obtaining docu-
4
mentation or other investigation
relating to the im-
5
portation of the property into, or
the exportation of
6
the property out of, the United
States, such period
7
of detention shall not be included
in the 60-day pe-
8
riod described in clause (i). In
such cases, the 60-
9
day period shall begin to run when
the period of de-
10
tention is concluded, and a law
enforcement agency
11
of the United States determines
that the property
12
will be seized for the purpose of
forfeiture to the
13
United States. ; and
14
(2) in subparagraph (D)
15
(A) in clause (iv), by striking or
at the
16
end;
17
(B) by redesignating clause (v) as
clause
18
(vi); and
19
(C) by inserting after clause (iv)
the fol-
20
lowing:
21
(v) initiation of a forfeiture
proceeding
22
before the seizing agency has
received the re-
23
sults of a scientific test or
laboratory analysis
24
of the seized property that is
material to the de-
June 27, 2003
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50
1
termination whether the property is
subject to
2
forfeiture; or .
3
SEC. 247. EXEMPTION FROM
LIABILITY FOR ATTORNEY
4
FEES IN INTERNATIONAL MONEY
LAUN-
5
DERING CASES.
6
Section 2465 of title 28, United
States Code, is
7
amended by adding at the end the
following:
8
(c) The United States shall not be
liable for attorney
9
fees or other litigation costs
under subsection (b)(1) if
10
(1) the Government established the
forfeit-
11
ability of the property pursuant to
section
12
981(a)(1)(A) of title 18, or any
forfeiture provision
13
of chapter 53 of title 31, by a
preponderance of the
14
evidence; and
15
(2) the forfeiture action involved
the move-
16
ment of funds across an
international border or into
17
or out of an account at a foreign
financial institu-
18
tion. .
19
SEC. 248. TECHNICAL CORRECTION
REGARDING FOR-
20
FEITURE AUTHORITY FOR
SECRETARY,
21
HOMELAND SECURITY.
22
Section 981 of title 18, United
States Code, as
23
amended by this title, is further
amended
June 27, 2003
MDM\MDM03.556 S.L.C.
51
1
(1) by inserting , Secretary of
Homeland Se-
2
curity after the Secretary of the
Treasury each
3
place it appears; and
4
(2) in subsection (j)
5
(A) in paragraph (1), by striking
and at
6
the end;
7
(B) in paragraph (2), by striking
the pe-
8
riod at the end and inserting ; and
; and
9
(C) by inserting at the end the
following:
10
(3) the term Secretary of Homeland
Secu-
11
rity means the Secretary of the
Department of
12
Homeland Security or his delegate.
.
13
SEC. 249. RULE 32.2.
14
Rule 32.2(b)(3) of the Federal
Rules of Criminal Pro-
15
cedure is amended by adding at the
end the following: If
16
the court fails to include the
order of forfeiture in the sen-
17
tence of judgment, the Government,
or the court on its
18
own motion, may move at any time to
correct the error
19
pursuant to Rule 36. .
20
SEC. 250. FORFEITURE OF THE
VALUE OF DRUGS SEIZED.
21
Section 413(a) of the Controlled
Substances Act (21
22
U.S.C. 853(a)), is amended by
adding at the end the fol-
23
lowing: In addition to any other
money judgment that
24
may be imposed under this section,
a person who does not
25
receive any proceeds from the sale,
importation, or dis-
June 27, 2003
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52
1
tribution of a controlled substance
because the person is
2
arrested, or the controlled
substance is seized, before the
3
sale, importation, or distribution
is complete, shall pay a
4
money judgment equal to the amount
of money that would
5
have been paid if such sale,
importation, or distribution
6
had been completed. .
7
SEC. 251. FORFEITURE OF
FACILITATING PROPERTY IN
8
NARCO-TERRORISM CASES AND
PROPERTY
9
TRACEABLE TO SUCH
PROPERTY.
10
(a) CONVEYANCES. Section 511(a)(4)
of the Con-
11
trolled Substances Act (21 U.S.C.
881(a)(4)) is amended
12
by inserting before the period at
the end the following:
13
, and any property that is
traceable to such convey-
14
ances .
15
(b) NEGOTIABLE INSTRUMENTS,
SECURITIES, AND
16
OTHER THINGS
OF
VALUE. Section 511(a)(6) of
the
17
Controlled Substances Act (21
U.S.C. 881(a)(6)) is
18
amended by striking and all moneys,
negotiable instru-
19
ments, and securities used or
intended to be used to facili-
20
tate any violation of this
subchapter and inserting all
21
moneys, negotiable instruments,
securities, and other
22
things of value used, or intended
to be used, to facilitate
23
any violation of this subchapter,
and any property trace-
24
able to such valuables. .
June 27, 2003
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53
1
(c) REAL PROPERTY. Section
511(a)(7) of the Con-
2
trolled Substances Act (21 U.S.C.
881(a)(7)) is amended
3
by inserting before the period at
the end the following:
4
, and any property that is
traceable to such property .
5
(d) AMMUNITION. Section 511(a)(11)
of the Con-
6
trolled Substances Act (21 U.S.C.
881(a)(11)) is amended
7
by inserting , ammunition, holster,
or other carrying
8
case before used or intended to be
used. .
9
SEC. 252. FORFEITURE OF
INSTRUMENTALITIES OF TER-
10
RORISM, FRAUD, AND OTHER
OFFENSES.
11
Section 981(a)(1) of title 18,
United States Code, is
12
amended by adding at the end the
following:
13
(I)(i) Any computer, photostatic
reproduction
14
machine, electronic communications
device, or other
15
material, article, apparatus,
device, or thing made,
16
possessed, fitted, used, or
intended to be used on a
17
continuing basis to commit a
violation of section
18
513, 514, 1028, 1029, 1030, 1031,
1032, 1341,
19
1342, 1343, or 1344, or a
conspiracy to commit
20
such offense, and any property
traceable to such
21
property.
22
(ii) Any conveyance used on 2 or
more occa-
23
sions to transport the
instrumentalities used in the
24
commission of a violation of
section 1028 or 1029,
June 27, 2003
MDM\MDM03.556 S.L.C.
54
1
or a conspiracy to commit such
offense, and any
2
property traceable to such
conveyance.
3
(J) Any conveyance, chemicals,
laboratory
4
equipment, or other material,
article, apparatus, de-
5
vice or thing made, possessed,
fitted, used, or in-
6
tended to be used to commit
7
(i) an offense punishable under
Chapter
8
113B (relating to
terrorism);
9
(ii) a violation of Chapter 53 of
the Inter-
10
nal Revenue Code of 1986 (relating
to fire-
11
arms);
12
(iii) a violation of subsection
(a)(1),
13
(a)(3), (b), (c), (d), or (h)(1) of
section 842, or
14
any of the subsections (d) through
(m) of sec-
15
tion 844 (relating to explosives);
or
16
(iv) any other offense enumerated
in sec-
17
tion 2339A(a) or a conspiracy to
commit any
18
such offense, and any property
traceable to
19
such property. .
June 27, 2003
MDM\MDM03.556 S.L.C.
55
1
TITLE III—NATIONAL
DRUG
2
SENTENCING REFORM
3
SEC. 301. SENTENCING GUIDELINE
CONFORMING CHANGES
4
AND ENHANCEMENTS FOR ACTS OF
VIO-
5
LENCE DURING THE COURSE OF A
DRUG
6
TRAFFICKING OFFENSE.
7
Pursuant to its authority under
section 994 of title
8
28, United States Code, and in
accordance with this sec-
9
tion, the United States Sentencing
Commission shall re-
10
view and amend the Federal
sentencing guidelines, com-
11
mentary, and policy statements to
ensure that the guide-
12
lines provide an appropriate
enhancement of between 2 to
13
8 base offense levels, for each of
the following factors, if
14
the defendant, during the course of
a drug trafficking
15
offense
16
(1) used violence;
17
(2) made a credible threat to use
violence;
18
(3) directed or threatened the use
of violence;
19
or
20
(4) possessed a firearm, or other
dangerous
21
weapon.
22
SEC. 302. INCREASE IN SENTENCE
FOR AGGRAVATING FAC-
23
TORS.
24
Pursuant to its authority under
section 994 of title
25
28, United States Code, and in
accordance with this sec-
June 27, 2003
MDM\MDM03.556 S.L.C.
56
1
tion, the United States Sentencing
Commission shall re-
2
view and amend the Federal
sentencing guidelines, com-
3
mentary, and policy statements for
offenses involving con-
4
trolled substances to take into
account the following im-
5
portant aggravating factors
relating to the seriousness of
6
the offense and the culpability of
the defendant:
7
(1) The defendant induced another
person to
8
purchase, sell, transport, or store
controlled sub-
9
stances, used impulse, fear,
friendship, affection, or
10
some combination thereof to involve
such person in
11
the offense, and such person was to
receive little or
12
no compensation from the
offense.
13
(2) The defendant maintained an
establishment
14
for the manufacture or distribution
of a controlled
15
substance, as generally described
in section 406 of
16
the Controlled Substances Act (21
U.S.C. 856).
17
(3) The defendant distributed a
controlled sub-
18
stance to a person under age 18, a
person over age
19
64, or a pregnant individual, or
involved a person
20
under age 18, a person over age 64,
or a pregnant
21
individual in drug
trafficking.
22
(4) The defendant bribed, or
attempted to
23
bribe, a Federal, State, or local
law enforcement of-
24
ficial in connection with a drug
trafficking offense.
June 27, 2003
MDM\MDM03.556 S.L.C.
57
1
(5) The defendant committed the
drug traf-
2
ficking offense as part of a
pattern of criminal con-
3
duct engaged in as a
livelihood.
4
(6) The defendant had a prior
conviction for a
5
felony drug offense.
6
(7) The defendant was involved in
the importa-
7
tion of a controlled substance into
the United States.
8
SEC. 303. REMOVING SENTENCING
CAP ON DRUG TRAF-
9
FICKERS WHO FACILITATE THE
AVAIL-
10
ABILITY AND DISTRIBUTION OF
LARGE
11
QUANTITIES OF ILLEGAL
DRUGS.
12
(a) IN GENERAL. The Guidelines
Manual promul-
13
gated by the Sentencing Commission
pursuant to section
14
994(a) of title 28, United States
Code, is amended
15
(1) in section 2D1.1
16
(A) in subsection (a)(3), by
striking , ex-
17
cept that if the defendant receives
an adjust-
18
ment under § 3B1.2 (Mitigating
Role), the base
19
offense level under this subsection
shall not be
20
more than level 30 ;
21
(B) in subsection (b), by striking
para-
22
graph (6); and
23
(C) in the Commentary, by striking
Appli-
24
cation Note 21; and
June 27, 2003
MDM\MDM03.556 S.L.C.
58
1
(2) in the Commentary to section
3B1.2, by
2
striking Application Note 6.
3
(b) LIMITATION
ON
COMMISSION. The Sentencing
4
Commission shall not promulgate any
amendment to alter
5
or repeal the amendments made by
this section.
6
SEC. 304. ADDITIONAL SERIOUS
DRUG OFFENSES AS
7
ARMED CAREER CRIMINAL ACT
PREDICATES.
8
Section 924(e)(2)(A)(ii) of title
18, United States
9
Code, is amended by inserting
before the semicolon the
10
following: , or which, if it had
been prosecuted as a viola-
11
tion of the Controlled Substances
Act (21 U.S.C. 801 et
12
seq.) at the time of the offense
and because of the type
13
and quantity of the controlled
substance involved, would
14
have been punishable by a maximum
term of imprison-
15
ment of not less than 10 years
.
16
SEC. 305. LIMIT ON SENTENCING OF
CERTAIN DEFEND-
17
ANTS IN DRUG TRAFFICKING
CASES.
18
(a) LIMITATION
ON
APPLICABILITY
OF
STATUTORY
19
MINIMUMS.
20
(1) IN
GENERAL. Section 3553(f) of title 18,
21
United States Code, is amended
22
(A) by amending paragraph (1) to
read as
23
follows:
June 27, 2003
MDM\MDM03.556 S.L.C.
59
1
(1) the defendant does not have
any criminal
2
history points, as determined under
the Federal sen-
3
tencing guidelines; ;
4
(B) in paragraph (4), by striking
and at
5
the end; and
6
(C) by striking paragraph (5) and
insert-
7
ing the following:
8
(5) the defendant entered a timely
plea of
9
guilty to the offense of
conviction;
10
(6) not later than the time of the
sentencing,
11
the Government files a
certification with the court
12
stating that the defendant, in a
timely manner
13
(A) plead guilty to the offense of
convic-
14
tion;
15
(B) truthfully provided all
information
16
and evidence that the defendant has
concerning
17
the offense or offenses that were
part of the
18
same course of conduct or common
scheme or
19
plan, whether or not such
information was pre-
20
viously known or used by the
Government; and
21
(C) testified fully and truthfully
in all
22
proceedings at the request of the
Government,
23
was prepared to do so, or has
agreed to do so
24
in the future; and .
June 27, 2003
MDM\MDM03.556 S.L.C.
60
1
(2) RESTORATION
OF CONGRESSIONAL
INTENT
2
CONCERNING APPLICATION OF 18 U.S.C.
3553(f).
3
(A) IN
GENERAL. The Guideline Manual
4
promulgated by the United States
Sentencing
5
Commission pursuant to section
994(a) of title
6
28, United States Code, is amended
by repeal-
7
ing section 2D1.1(b)(6).
8
(B) RESTRICTION. The Sentencing
Com-
9
mission shall not promulgate any
amendment
10
that would alter or repeal the
amendment under
11
subparagraph (A).
12
(b) REDUCTION
OF
SENTENCES
FOR
DEFENDANTS
13
WHO QUALIFY
FOR
MINIMAL ROLE ADJUSTMENT
AND
14
ARE FIRST-TIME, NON-VIOLENT
OFFENDERS. Pursu-
15
ant to its authority under section
994 of title 28, United
16
States Code, and in accordance with
this section, the
17
United States Sentencing Commission
shall review and
18
amend, as appropriate, the Federal
sentencing guidelines,
19
commentary, and policy statements
to ensure that if the
20
defendant qualifies for a minimal
role adjustment under
21
section 3B1.2(a) of the guidelines
and an adjustment
22
under section 5C1.2 of the
guidelines, the defendant shall
23
be entitled to an additional
reduction of 2 base offense
24
levels if the defendant, at the
sentencing hearing, estab-
June 27, 2003
MDM\MDM03.556 S.L.C.
61
1
lishes by a preponderance of the
evidence that the
2
defendant
3
(1) did not directly participate in
the distribu-
4
tion of controlled
substances;
5
(2) did not receive any significant
compensation
6
or benefit as a result of the
offense; and
7
(3) was not predisposed to commit
the offense.
8
SEC. 306. RESTORATION OF ORDERLY
GRADATION OF SEN-
9
TENCES TO PUNISH LARGE-SCALE
DRUG
10
TRAFFICKERS.
11
(a) IN GENERAL. Pursuant to its
authority under
12
section 994 of title 28, United
States Code, and in accord-
13
ance with this section, the United
States Sentencing Com-
14
mission shall, not later than 30
days after the date of en-
15
actment of this Act, amend section
2D1.1(c) of the Fed-
16
eral sentencing guidelines, and
related policy statements
17
(1) with respect to heroin, other
Schedule I or
18
II opiates, cocaine, other Schedule
I or II stimu-
19
lants, cocaine base, PCP, PCP
(actual), LSD, other
20
schedule I or II hallucinogens,
fentanyl, fentanyl
21
analogue, marijuana, hashish, and
hashish oil, to re-
22
store base offense levels 40 and 42
as they existed
23
prior to amendment 505, which was
promulgated by
24
the Sentencing Commission with an
effective date of
25
November 1, 1994; and
June 27, 2003
MDM\MDM03.556 S.L.C.
62
1
(2) with respect to
methamphetamine, meth-
2
amphetamine (actual), Ice ,
amphetamine, amphet-
3
amine (actual), Schedule I or II
depressants, and
4
flunitrazepam, to provide for
appropriate drug quan-
5
tities to be assigned base offense
levels 40 and 42,
6
respectively, for amounts above the
minimum
7
amounts for these drugs under
section 2D1.1(c)(1).
8
(b) RESTRICTION. The Sentencing
Commission
9
shall not promulgate any amendment
that
10
(1) alters or repeals the amendment
described
11
under subsection (a)(1); or
12
(2) is inconsistent with subsection
(a)(2).
13
SEC. 307. CONFORMING SENTENCING
GUIDELINES TO CON-
14
SPIRACY LAW.
15
(a) DIRECTIVE
TO
UNITED STATES SENTENCING
16
COMMISSION. Pursuant to its
authority under section
17
994(p) of title 28, United States
Code, and in accordance
18
with this section, the United
States Sentencing Commis-
19
sion shall, not later than 180 days
after the date of enact-
20
ment of this Act, review and amend
the Federal sen-
21
tencing guidelines, policy
statements, official commentary,
22
and illustrations of conduct for
which the defendant is ac-
23
countable under section 1B1.3 to
ensure that a defendant
24
is accountable for relevant conduct
, including
June 27, 2003
MDM\MDM03.556 S.L.C.
63
1
(1) in the case of a criminal
conspiracy (a
2
criminal plan, scheme, endeavor, or
enterprise un-
3
dertaken by the defendant in
concert with others,
4
whether or not charged as a
conspiracy) for the con-
5
duct (acts and omissions) of others
that was
6
(A) in furtherance of the
conspiracy; and
7
(B) known to the defendant or
reasonably
8
foreseeable in connection with that
conspiracy;
9
and
10
(2) all conduct of members of a
conspiracy
11
prior to the defendant joining that
conspiracy that
12
was known to the defendant when he
or she joined
13
the conspiracy.
14
(b) CONFORMING AMENDMENTS. The
Sentencing
15
Commission shall make appropriate
conforming amend-
16
ments to the Federal sentencing
guidelines, policy state-
17
ments, and commentary, consistent
with the amendment
18
made under subsection (a).
19
SEC. 308. ELDERLY, NONVIOLENT
PRISONER PILOT PRO-
20
GRAM.
21
(a) DEFINITIONS. In this section,
the following defi-
22
nitions shall apply:
23
(1) CRIME
OF VIOLENCE. The term crime of
24
violence has the same meaning given
the term in
25
section 16 of title 18, United
States Code.
June 27, 2003
MDM\MDM03.556 S.L.C.
64
1
(2) DESIGNATED
FACILITY. The term des-
2
ignated facility means a Federal
penitentiary des- -
3
ignated by the Attorney General as
appropriate for
4
the pilot program.
5
(3) DIRECTOR. The term Director
means
6
the Director of the Bureau of
Prisons.
7
(4) ELIGIBLE
PRISONER. The term eligible
8
prisoner means a prisoner in the
custody of the
9
Bureau of Prisons who
10
(A) is not less than 65 years of
age;
11
(B) is serving a term of
imprisonment
12
after conviction for an offense
other than a
13
crime of violence and has served
the greater of
14
10 years or
1 2
of the term of imprisonment;
15
(C) has not been convicted in the
past of
16
any Federal or State crime of
violence, or any
17
other Federal offense for which a
sentencing
18
enhancement was applied under
section 301 or
19
302;
20
(D) has not been determined by the
Bu-
21
reau of Prisons, on the basis of
information the
22
Bureau uses to make custody
classifications,
23
and in the sole discretion of the
Bureau, to
24
have a history of violence;
June 27, 2003
MDM\MDM03.556 S.L.C.
65
1
(E) has not escaped, or attempted
to es-
2
cape, from the Bureau of Prisons
facility; and
3
(F) has not been determined by the
Direc-
4
tor, pursuant to the disciplinary
system of the
5
Bureau of Prisons, to have
committed an in-
6
fraction involving an act of
violence.
7
(5) HOME
DETENTION. The term home de-
8
tention has the same meaning given
the term in the
9
Federal sentencing guidelines, and
includes deten-
10
tion in a nursing home or other
residential long-term
11
care facility.
12
(6) PILOT
PROGRAM. The term pilot pro-
13
gram means the pilot program
carried out in ac- -
14
cordance with this section.
15
(7) TERM
OF IMPRISONMENT. The term term
16
of imprisonment includes multiple
terms of impris- -
17
onment ordered to run consecutively
or concurrently,
18
which shall be treated as a single,
aggregate term of
19
imprisonment for purposes of this
section.
20
(b) PROGRAM ESTABLISHED.
21
(1) IN
GENERAL. Notwithstanding section
22
3624 of title 18, United States
Code, or any other
23
provision of law, the Director
shall carry out a pilot
24
program at 1 or more designated
facilities, under
25
which the Director shall, in
accordance with para-
June 27, 2003
MDM\MDM03.556 S.L.C.
66
1
graph (2), place each prisoner who
is determined to
2
be an eligible prisoner on home
detention until the
3
date on which the term of
imprisonment to which
4
the prisoner was sentenced
expires.
5
(2) TIMING
OF RELEASE. In carrying out the
6
pilot program, the Director shall
place an eligible
7
prisoner on home detention under
paragraph (1)
8
(A) with respect to a prisoner who
is deter-
9
mined to be an eligible prisoner on
or before the
10
date that is 90 days after the date
of enactment
11
of this Act, not later than 180
days after the
12
date of enactment of this Act;
and
13
(B) with respect to a prisoner who
is de-
14
termined to be an eligible prisoner
after the
15
date that is 90 days after the date
of enactment
16
of this Act and before the date
that is 3 years
17
and 91 days after such date of
enactment, not
18
later than 90 days after the date
of such deter-
19
mination.
20
(3) VIOLATION
OF TERMS OF HOME
DETEN-
21
TION. A violation of the terms of the home
deten-
22
tion, including the commission of
another Federal,
23
State, or local crime, shall result
in the return of the
24
prisoner to the prior custody of
that prisoner.
25
(c) PROGRAM EVALUATION.
June 27, 2003
MDM\MDM03.556 S.L.C.
67
1
(1) IN
GENERAL. The Director shall contract
2
with an independent organization to
monitor and
3
evaluate the progress of each
prisoner released
4
under the pilot program during the
3-year period be-
5
ginning on the date of such
release.
6
(2) ANNUAL
REPORT. The organization de-
7
scribed in paragraph (1) shall
annually submit to
8
the Director and to Congress a
report on the pilot
9
program, which shall include
10
(A) an evaluation of the
effectiveness of
11
the pilot program in providing
successful transi-
12
tion to eligible prisoners from
incarceration to
13
the community, including data
relating to the
14
recidivism rates for those
prisoners; and
15
(B) the cost savings to the Federal
Gov-
16
ernment resulting from the early
removal of eli-
17
gible prisoners from
incarceration.
18
SEC. 309. EMERGENCY AMENDMENT
AUTHORITY.
19
(a) IN GENERAL. The United States
Sentencing
20
Commission shall
21
(1) promulgate amendments in
accordance with
22
the directives in this Act and the
procedure set forth
23
in section 21(a) of the Sentencing
Act of 1987 (28
24
U.S.C. 994 note), as though the
authority under
25
that Act had not expired;
and
June 27, 2003
MDM\MDM03.556 S.L.C.
68
1
(2) pursuant to the emergency
authority pro-
2
vided under paragraph (1), make
such conforming
3
amendments to the Federal
sentencing guidelines,
4
commentary, and policy statements
as the Commis-
5
sion determines necessary to
achieve consistency
6
with other guideline provisions and
applicable law.
7
(b) EFFECTIVE DATE. The amendments
made pur-
8
suant to this section shall apply
to any offense committed
9
on or after 180 days after the date
of enactment of this
10
Act.
11
TITLE IV—PROTECTING
CHIL-
12
DREN FROM DRUG TRAF-
13
FICKERS AND
PREVENTING
14
DRUG-RELATED VIOLENT
15
CRIME
16
SEC. 401. MURDER AND OTHER
VIOLENT CRIMES COM-
17
MITTED DURING AND IN RELATION TO
A
18
DRUG TRAFFICKING
CRIME.
19
(a) IN GENERAL. Part D of the
Controlled Sub-
20
stances Act (21 U.S.C. 841 et seq.)
is amended by adding
21
at the end the following:
22
MURDER AND OTHER VIOLENT CRIMES COMMITTED
23
DURING AND IN RELATION TO A DRUG
TRAFFICKING
24
CRIME
25
SEC. 424.
June 27, 2003
MDM\MDM03.556 S.L.C.
69
1
(a) IN GENERAL. Any person who,
during and in
2
relation to any drug trafficking
crime, murders, kidnaps,
3
maims, assaults with a dangerous
weapon, commits as-
4
sault resulting in serious bodily
injury upon, or threatens
5
to commit a crime of violence
against, any individual, or
6
attempts or conspires to do so,
shall be punished, in addi-
7
tion and consecutive to the
punishment provided for the
8
drug trafficking crime
9
(1) in the case of murder, by
death or impris-
10
onment for not less than 30 years
or for life, a fine
11
under title 18, United States Code,
or both;
12
(2) in the case of kidnapping
13
(A) by imprisonment for not less
than 30
14
years or for life, a fine under
such title 18, or
15
both; and
16
(B) if death of any person
results, by
17
death or imprisonment for not less
than 30
18
years or for life, a fine under
such title 18, or
19
both;
20
(3) in the case of maiming, by
imprisonment
21
for not less than 15 years and not
more than 50
22
years, a fine under such title 18,
or both;
23
(4) in the case of assault with a
dangerous
24
weapon or assault resulting in
serious bodily injury,
25
by imprisonment for not less than
10 years and not
June 27, 2003
MDM\MDM03.556 S.L.C.
70
1
more than 30 years, a fine under
such title 18, or
2
both;
3
(5) in the case of threatening to
commit a
4
crime of violence specified in
paragraphs (1) through
5
(4), by imprisonment for not less
than 3 years and
6
not more than 20 years, a fine
under such title 18,
7
or both;
8
(6) in the case of attempting or
conspiring to
9
commit murder or kidnaping, by
imprisonment for
10
not more than 30 years, a fine
under such title 18,
11
or both; and
12
(7) in the case of attempting or
conspiring to
13
commit a crime involving maiming,
assault with a
14
dangerous weapon, or assault
resulting in serious
15
bodily injury, by imprisonment for
not more than 20
16
years, a fine under such title 18,
or both.
17
(b) VENUE. A prosecution for a
violation of this
18
section may be brought in
19
(1) the judicial district in which
the murder or
20
other crime of violence occurred;
or
21
(2) any judicial district in which
the drug traf-
22
ficking crime may be
prosecuted.
23
(c) APPLICABLE DEATH PENALTY
PROCEDURES.
24
(1) IN
GENERAL. A defendant who has been
25
found guilty of an offense under
this section for
June 27, 2003
MDM\MDM03.556 S.L.C.
71
1
which a sentence of death is
provided shall be sub-
2
ject to the provisions of chapter
228 of title 18,
3
United States Code.
4
(2) LIMITATION. If a death
sentence is im-
5
posed under this section, such
sentence shall not be
6
in addition and consecutive to the
punishment for
7
the drug trafficking crime.
8
(d) DEFINITIONS. As used in this
section
9
(1) the term crime of violence has
the mean- -
10
ing given that term in section
924(c)(3) of title 18,
11
United States Code; and
12
(2) the term drug trafficking
crime has the
13
meaning given that term in section
924(c)(2) of title
14
18, United States Code. .
15
(b) CLERICAL AMENDMENT. The table
of contents
16
for the Controlled Substances Act
is amended by inserting
17
after the item relating to section
423, the following:
Sec. 424.
Murder and other violent crimes committed during and in
relation
to a drug trafficking crime.
.
18
SEC. 402. PROTECTION OF CHILDREN
FROM DRUG TRAF-
19
FICKERS.
20
(a) DISTRIBUTION
TO
PERSONS UNDER 21 YEARS
21
OF
AGE; FIRST OFFENSE. Section 418 of
the Controlled
22
Substances Act (21 U.S.C. 859) is
amended
23
(1) in subsection (a)
June 27, 2003
MDM\MDM03.556 S.L.C.
72
1
(A) by striking involving the same
con-
2
trolled substance and schedule and
inserting
3
without regard to the type of
controlled sub-
4
stance and schedule ; and
5
(B) by striking not less than one
year
6
and inserting not less than 5 years
; and
7
(2) in subsection (b)
8
(A) by striking involving the same
con-
9
trolled substance and schedule and
inserting
10
without regard to the type of
controlled sub-
11
stance and schedule ;
12
(B) by striking after a prior
conviction
13
under subsection (a) of this
section (or under
14
section 303(b)(2) of the Federal
Food, Drug,
15
and Cosmetic Act as in effect prior
to the effec-
16
tive date of section 701(b) of this
Act) and in- -
17
serting after a prior conviction
for a felony
18
drug offense ; and
19
(C) by striking not less than one
year
20
and inserting not less than 10
years .
21
(b) DISTRIBUTION
OR
MANUFACTURING
INORNEAR
22
SCHOOLS
AND
COLLEGES. Section 419 of the
Controlled
23
Substances Act (21 U.S.C. 860) is
amended
24
(1) in subsection (a)
25
(A) by striking within 100 feet of
; and
June 27, 2003
MDM\MDM03.556 S.L.C.
73
1
(B) by striking not less than one
year
2
and inserting not less than 5 years
;
3
(2) in subsection (b)
4
(A) by striking within 100 feet of
;
5
(B) by striking after a prior
conviction
6
under subsection (a) and inserting
after a
7
prior conviction for a felony drug
offense ;
8
(3) by striking not less than three
years each
9
place it appears and inserting not
less than 10
10
years ; and
11
(4) by amending subsection (c) to
read as fol-
12
lows:
13
(c)(1) Notwithstanding any other
law, any person
14
at least 18 years of age who
knowingly and intentionally
15
(A) employs, hires, uses,
persuades, induces,
16
entices, or coerces a person under
18 years of age
17
to violate this section; or
18
(B) employs, hires, uses,
persuades, induces,
19
entices, or coerces a person under
18 years of age
20
to assist in avoiding detection or
apprehension for
21
any offense under this section by
any Federal, State,
22
or local law enforcement official,
is punishable by a
23
term of imprisonment, a fine, or
both, up to triple
24
those authorized under section 401,
except if a
25
greater minimum sentence is
otherwise provided
June 27, 2003
MDM\MDM03.556 S.L.C.
74
1
under section 401(b), a person
shall be sentenced
2
under this subsection to a term of
imprisonment of
3
not less than 10 years.
4
(2) Any person who has previously
been convicted
5
for a felony drug offense shall be
sentenced to a term of
6
imprisonment of not less than 15
years for a subsequent
7
violation of paragraph (1).
.
8
(c) EMPLOYMENT
OR
USE
OF
PERSONS UNDER 18
9
YEARS OLD. Section 420 of the
Controlled Substances
10
Act (21 U.S.C. 861) is amended
11
(1) in subsection (b), by striking
not be less
12
than one year and inserting be not
less than 10
13
years ;
14
(2) in subsection (c)
15
(A) by striking after a prior
conviction
16
under subsection (a) of this
section and insert- -
17
ing after a prior conviction for a
felony drug
18
offense ; and
19
(B) by striking not be less than
one year
20
and inserting be not less than 15
years ; and
21
(3) in subsection (d)
22
(A) by striking or (2) and
inserting or
23
(2) ;
24
(B) by striking younger. and
inserting
25
younger,
June 27, 2003
MDM\MDM03.556 S.L.C.
75
1
(C) by striking not more than five
years
2
and inserting not less than 5 years
.
3
(d) AMENDMENTS
TO
SENTENCING GUIDELINES.
4
(1) IN
GENERAL. Not more than 30 days after
5
the date of enactment of this Act,
the Sentencing
6
Commission shall amend the
sentencing guidelines,
7
policy statements, and official
commentary issued
8
under section 994 of title 28,
United States Code,
9
to ensure that the base offense
level for any felony
10
violation of the Controlled
Substances Act (21
11
U.S.C. 841 et seq.), or a felony
violation of the Con-
12
trolled Substances Import and
Export Act (21
13
U.S.C. 851 et seq.)
14
(A) is increased by 2 levels if any
part of
15
the offense or relevant conduct
involved pos-
16
sessing, storing, using, or
trafficking drugs
17
(i) in or near the presence of a
minor;
18
or
19
(ii) in a location in which a minor
re-
20
sides for any period of time;
and
21
(B) is increased by an additional 2
levels
22
if the defendant was the parent or
guardian of
23
the minor.
24
(2) LIMITATION
ON APPLICABILITY OF STATU-
25
TORY MINIMUMS. Section 3553(f) of title 18,
June 27, 2003
MDM\MDM03.556 S.L.C.
76
1
United States Code, as amended by
section 305, is
2
further amended by adding at the
end the following:
3
(7) no part of the offense or
relevant
4
conduct
5
(A) involved possessing, storing,
using, or
6
trafficking drugs in or near the
presence of a
7
minor;
8
(B) occurred in a location in
which a
9
minor resides for any period of
time; or
10
(C) involved conduct constituting
an of-
11
fense under section 418, 419, or
420 of the
12
Controlled Substances Act (21
U.S.C. 859, 860,
13
and 861). .
14
TITLE V—PROVIDING
THE
15
TOOLS NEEDED TO WIN
THE
16
WAR AGAINST
NARCO-TER-
17
RORISM, DRUG
TRAFFICKERS
18
WHO SELL TO CHILDREN,
19
AND VIOLENT DRUG
TRAF-
20
FICKERS
21
SEC. 501. PREDICATE CRIMES FOR
AUTHORIZATION OF
22
INTERCEPTION OF WIRE, ORAL, AND
ELEC-
23
TRONIC
COMMUNICATIONS.
24
Section 2516(1) of title 18, United
States Code, is
25
amended
June 27, 2003
MDM\MDM03.556 S.L.C.
77
1
(1) in paragraph (q), by striking
or ;
2
(2) by redesignating paragraph (r)
as para-
3
graph (s); and
4
(3) by inserting after paragraph
(q) the fol-
5
lowing:
6
(r) any violation of section 424
of the Con-
7
trolled Substances Act (relating to
narco-terrorism,
8
murder and violent crimes in
furtherance of a drug
9
trafficking crime); or .
10
SEC. 502. LIMITING APPLICATION
OF STATUTORY EXCLU-
11
SIONARY RULE WHERE LAW
ENFORCEMENT
12
AGENTS ACT IN GOOD
FAITH.
13
Chapter 119 of title 18, United
States Code, is
14
amended
15
(1) in section 2515
16
(A) by striking Whenever and
inserting
17
the following:
18
(a) IN GENERAL. Whenever ;
and
19
(B) by adding at the end the
following:
20
(b) EXCLUSION. Subsection (a)
shall not apply to
21
the disclosure by the United States
in a criminal trial or
22
hearing or before a grand jury of
the contents of a wire
23
or oral communication, or evidence
derived therefrom, un-
24
less the violation of this chapter
involved bad faith by law
25
enforcement. ; and
June 27, 2003
MDM\MDM03.556 S.L.C.
78
1
(2) in section 2518(10)(a), by
inserting A
2
court may not grant a motion to
suppress the con-
3
tents of a wire or oral
communication, or evidence
4
derived therefrom, unless the court
finds that the
5
violation of this chapter involved
bad faith by law
6
enforcement. after grounds of the
motion. .
7
SEC. 503. ADMINISTRATIVE
SUBPOENAS FOR TERRORISM
8
INVESTIGATIONS.
9
Section 3486(a)(1)(A) of title 18,
United States
10
Code, is amended
11
(1) by striking of and inserting to
;
12
(2) in clause (i)
13
(A) by striking or (II) and
inserting the
14
following:
15
(II) ; and
16
(B) by striking , the Attorney
General
17
and inserting the following: ;
or
18
(III) any investigation under
chapter
19
113B,
20
the Attorney General .
21
SEC. 504. ADMINISTRATIVE
SUBPOENAS TO APPREHEND
22
FUGITIVES.
23
(a) IN GENERAL. Chapter 49 of title
18, United
24
States Code, is amended by adding
at the end the fol-
25
lowing:
June 27, 2003
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79
1
‘‘§ 1075.
Administrative subpoenas to apprehend fugi-
2
tives
3
(a) DEFINITIONS. In this
section:
4
(1) FUGITIVE. The term fugitive
means a
5
person who
6
(A) having been accused by
complaint, in-
7
formation, or indictment under
Federal law or
8
having been convicted of committing
a felony
9
under Federal law, flees or
attempts to flee
10
from or evades or attempts to evade
the juris-
11
diction of the court with
jurisdiction over the
12
felony;
13
(B) having been accused by
complaint, in-
14
formation, or indictment under
State law or
15
having been convicted of committing
a felony
16
under State law, flees or attempts
to flee from,
17
or evades or attempts to evade, the
jurisdiction
18
of the court with jurisdiction over
the felony;
19
(C) escapes from lawful Federal or
State
20
custody after having been accused
by complaint,
21
information, or indictment or
having been con-
22
victed of committing a felony under
Federal or
23
State law; or
24
(D) is in violation of
subparagraph (2) or
25
(3) of the first undesignated
paragraph of sec-
26
tion 1073.
June 27, 2003
MDM\MDM03.556 S.L.C.
80
1
(2) INVESTIGATION. The term
investigation
2
means, with respect to a State
fugitive described in
3
subparagraph (B) or (C) of
paragraph (1), an inves-
4
tigation in which there is reason
to believe that the
5
fugitive fled from or evaded, or
attempted to flee
6
from or evade, the jurisdiction of
the court, or es-
7
caped from custody, in or
affecting, or using any fa-
8
cility of, interstate or foreign
commerce, or as to
9
whom an appropriate law enforcement
officer or offi-
10
cial of a State or political
subdivision has requested
11
the Attorney General to assist in
the investigation,
12
and the Attorney General finds that
the particular
13
circumstances of the request give
rise to a Federal
14
interest sufficient for the
exercise of Federal juris-
15
diction pursuant to section
1075.
16
(3) STATE. The term State means a
State
17
of the United States, the District
of Columbia, and
18
any commonwealth, territory, or
possession of the
19
United States.
20
(b) SUBPOENAS
AND
WITNESSES.
21
(1) SUBPOENAS. In any
investigation with
22
respect to the apprehension of a
fugitive, the Attor-
23
ney General may subpoena witnesses
for the purpose
24
of the production of any records
(including books,
25
papers, documents, electronic data,
and other tan-
June 27, 2003
MDM\MDM03.556 S.L.C.
81
1
gible and intangible items that
constitute or contain
2
evidence) that the Attorney General
finds, based on
3
articulable facts, are relevant to
discerning the
4
whereabouts of the fugitive. A
subpoena under this
5
subsection shall describe the
records or items re-
6
quired to be produced and prescribe
a return date
7
within a reasonable period of time
within which the
8
records or items can be assembled
and made avail-
9
able.
10
(2) WITNESSES. The attendance of
witnesses
11
and the production of records may
be required from
12
any place in any State or other
place subject to the
13
jurisdiction of the United States
at any designated
14
place where the witness was served
with a subpoena,
15
except that a witness shall not be
required to appear
16
more than 500 miles distant from
the place where
17
the witness was served. Witnesses
summoned under
18
this section shall be paid the same
fees and mileage
19
that are paid witnesses in the
courts of the United
20
States.
21
(c) SERVICE.
22
(1) AGENT. A subpoena issued under
this
23
section may be served by any person
designated in
24
the subpoena as the agent of
service.
June 27, 2003
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82
1
(2) NATURAL
PERSON. Service upon a nat-
2
ural person may be made by personal
delivery of the
3
subpoena to that person or by
certified mail with re-
4
turn receipt requested.
5
(3) CORPORATION. Service may be
made
6
upon a domestic or foreign
corporation or upon a
7
partnership or other unincorporated
association that
8
is subject to suit under a common
name, by deliv-
9
ering the subpoena to an officer,
to a managing or
10
general agent, or to any other
agent authorized by
11
appointment or by law to receive
service of process.
12
(4) AFFIDAVIT. The affidavit of
the person
13
serving the subpoena entered on a
true copy thereof
14
by the person serving it shall be
proof of service.
15
(d) CONTUMACY
OR
REFUSAL.
16
(1) IN
GENERAL. In the case of the contu-
17
macy by or refusal to obey a
subpoena issued to any
18
person, the Attorney General may
invoke the aid of
19
any court of the United States
within the jurisdic-
20
tion of which the investigation is
carried on or of
21
which the subpoenaed person is an
inhabitant, or in
22
which he carries on business or may
be found, to
23
compel compliance with the
subpoena. The court
24
may issue an order requiring the
subpoenaed person
June 27, 2003
MDM\MDM03.556 S.L.C.
83
1
to appear before the Attorney
General to produce
2
records if so ordered.
3
(2) CONTEMPT. Any failure to obey
the order
4
of the court may be punishable by
the court as con-
5
tempt thereof.
6
(3) PROCESS. All process in any
case to en-
7
force an order under this
subsection may be served
8
in any judicial district in which
the person may be
9
found.
10
(4) RIGHTS
OF SUBPOENA RECIPIENT. Not
11
later than 20 days after the date
of service of an ad-
12
ministrative subpoena under this
section upon any
13
person, or at any time before the
return date speci-
14
fied in the subpoena, whichever
period is shorter,
15
such person may file, in the
district in which the
16
subpoena was served, or such person
resides, is
17
found, or transacts business, a
petition to modify or
18
quash such subpoena on grounds that
19
(A) the terms of the subpoena are
unrea-
20
sonable or oppressive;
21
(B) the subpoena fails to meet the
re-
22
quirements of this section;
or
23
(C) the subpoena violates the
constitu-
24
tional rights or any other legal
rights or privi-
25
lege of the subpoenaed
party.
June 27, 2003
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84
1
(e) GUIDELINES.
2
(1) IN
GENERAL. The Attorney General shall
3
issue guidelines governing the
issuance of adminis-
4
trative subpoenas pursuant to this
section.
5
(2) REVIEW. The guidelines
required by this
6
subsection shall mandate that
administrative sub-
7
poenas may be issued only after
review and approval
8
of senior supervisory personnel of
the relevant com-
9
ponent of the Department of
Justice, as determined
10
by the Attorney General.
11
(f) DELAYED NOTICE.
12
(1) IN
GENERAL. If an administrative sub-
13
poena is issued under this section
to a provider of
14
an electronic communication service
(as defined in
15
section 2510) or remote computing
service (as de-
16
fined in section 2711), the
Attorney General may
17
(A) delay notification to the
subscriber or
18
customer to whom the record
pertains, in ac-
19
cordance with section 2705(a);
and
20
(B) apply to a court, in
accordance with
21
section 2705(b), for an order
commanding the
22
provider of an electronic
communication service
23
or remote computing service, for
such period as
24
the court determines appropriate,
not to notify
June 27, 2003
MDM\MDM03.556 S.L.C.
85
1
any other person of the existence
of the sub-
2
poena or court order.
3
(2) SUBPOENAS
FOR FINANCIAL RECORDS. If
4
a subpoena is issued under this
section to a financial
5
institution for financial records
of any customer of
6
such institution, the Attorney
General may apply to
7
a court under section 1109 of the
Right to Financial
8
Privacy Act of 1978 (12 U.S.C.
3409) for an order
9
to delay customer notice as
otherwise required.
10
(3) NONDISCLOSURE
REQUIREMENTS.
11
(A) IN
GENERAL. Except as otherwise
12
provided under paragraphs (1) and
(2), a court
13
may require the party to whom an
administra-
14
tive subpoena is directed to
refrain from noti-
15
fying any other party or person of
the existence
16
of the subpoena for 30 days.
17
(B) EXTENSION. The Attorney
General
18
may apply to a court for an order
extending the
19
nondisclosure period under
subparagraph (A) as
20
the court determines
appropriate.
21
(C) CRITERIA
FOR EXTENSION. A court
22
shall enter an order under
paragraph (2) if the
23
court determines that there is
reason to believe
24
that notification of the existence
of the adminis-
June 27, 2003
MDM\MDM03.556 S.L.C.
86
1
trative subpoena issued under this
section
2
will
3
(i) endanger the life or physical
safe-
4
ty of an individual;
5
(ii) facilitate the flight of an
indi-
6
vidual from prosecution, custody,
or con-
7
finement after conviction;
8
(iii) result in the destruction
of, or
9
tampering with, evidence;
10
(iv) lead to the intimidation of
poten-
11
tial witnesses; or
12
(v) seriously jeoparde an
investiga-
13
tion or unduly delay a trial.
.
14
(g) IMMUNITY FROM CIVIL LIABILITY.
Any per-
15
son, including officers, agents,
and employees, who in good
16
faith produce the records or items
requested in a subpoena
17
shall not be liable in any court of
any State or the United
18
States to any customer or other
person for such produc-
19
tion or for nondisclosure of that
production to the cus-
20
tomer, in compliance with the terms
of a court order for
21
nondisclosure. .
22
(b) TECHNICAL
AND
CONFORMING AMENDMENT.
23
The analysis for chapter 49 of
title 18, United States
24
Code, is amended by adding at the
end the following:
1075.
Administrative subpoenas to apprehend fugitives. .
June 27, 2003
MDM\MDM03.556 S.L.C.
87
1
SEC. 505. EXPANDED JURISDICTION
TO ISSUE ORDERS TO
2
INTERCEPT
COMMUNICATIONS.
3
Chapter 119 of title 18, United
States Code, is
4
amended
5
(1) in section 2510
6
(A) in paragraph (9)
7
(i) by amending subparagraph (a)
to
8
read as follows:
9
(A) a judge of any district court
of the
10
United States (including a
magistrate judge of
11
such court) or any United States
court of ap-
12
peals with jurisdiction over the
offense being in-
13
vestigated; and ; and
14
(ii) in subparagraph (b), by
striking
15
(b) and inserting (B) ;
16
(B) in paragraph (20), by striking
and
17
at the end;
18
(C) in paragraph (21), by striking
the pe-
19
riod at the end and inserting ; and
; and
20
(D) by adding at the end the
following:
21
(22) the term wireless means the
use of elec- -
22
tromagnetic waves (rather than some
form of wire)
23
to carry a signal over a
communication path. ; and
24
(2) in section 2518(3), by striking
authorized
25
by a Federal court within such
jurisdiction and in- -
26
serting or a device that employs
wireless technology
June 27, 2003
MDM\MDM03.556 S.L.C.
88
1
in part to transmit wire, oral, or
electronic commu-
2
nications, the interception of
which is authorized by
3
a Federal court .
4
SEC. 506. DIRECTIVE TO UNITED
STATES SENTENCING
5
COMMISSION.
6
(a) IN GENERAL. Pursuant to its
authority under
7
section 994(p) of title 28, United
States Code, and in ac-
8
cordance with this section, the
United States Sentencing
9
Commission shall review and amend
the Federal sen-
10
tencing guidelines, commentary, and
policy statements to
11
implement the provisions of this
Act and the amendments
12
made by this Act.
13
(b) REQUIREMENTS. In carrying out
this section,
14
the Sentencing Commission shall
15
(1) ensure that the sentencing
guidelines and
16
policy statements reflect the
creation of new criminal
17
offenses to combat narco-terrorism,
narco-terrorism
18
financing schemes, money laundering
schemes, drug
19
trafficking to children, and
violent crimes in further-
20
ance of drug trafficking;
21
(2) ensure that the sentencing
guidelines and
22
policy statements reflect
23
(A) the serious nature of the
offenses and
24
penalties set forth in this Act,
and the amend-
25
ments made by this Act;
June 27, 2003
MDM\MDM03.556 S.L.C.
89
1
(B) the intent of Congress to
combat the
2
problems of narco-terrorism,
narco-terrorism fi-
3
nancing schemes, and money
laundering
4
schemes; and
5
(C) the need to deter, prevent, and
punish
6
drug trafficking to children and
violent crimes
7
in furtherance of drug
trafficking;
8
(3) ensure that modifications to
the sentencing
9
guidelines and policy statements
are consistent with
10
the intent of Congress to deter,
prevent, and enact
11
severe punishments for, the
criminal offenses de-
12
scribed under paragraph (2);
13
(4) ensure that the guidelines and
policy state-
14
ments include offense levels and
enhancements that
15
are sufficient to deter, prevent,
and punish criminals
16
who commit the offenses described
under paragraph
17
(2);
18
(5) ensure reasonable consistency
with other
19
relevant directives and other
sentencing guidelines;
20
(6) make any necessary conforming
changes to
21
the sentencing guidelines;
and
22
(7) assure that the guidelines
adequately meet
23
the purposes of sentencing set
forth under section
24
3553(a)(2) of title 18, United
States Code.
June 27, 2003