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BIDEN AMENDMENT NO. 1939

(Senate - June 05, 1990)

[Page: S7372]

(Ordered to lie on the table.)

Mr. BIDEN submitted an amendment intended to be proposed by him to amendment No. 1829 intended to be proposed by Mr. Thurmond to the bill S. 1970, supra, as follows:

[Page: S7371]

Amendment No. 1939

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TITLE I--DEATH PENALTY

SEC. 101. SHORT TITLE.
This title may be cited as the `Federal Death Penalty Act of 1989'.

SEC. 102. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF DEATH.
(a) In General: Part II of title 18 of the United States Code is amended by adding the following new chapter after chapter 227:

`CHAPTER 228--DEATH SENTENCE

`Sec.

`3591. Sentence of death.

`3592. Factors to be considered in determining whether a sentence of death is justified.

`3593. Special hearing to determine whether a sentence of death is justified.

`3594. Imposition of a sentence of death.

`3595. Review of a sentence of death.

`3596. Implementation of a sentence of death.

`3597. Use of State facilities.

`3591. Sentence of death
`A defendant who has been found guilty of--

`(a) an offense described in section 794 or section 2381 of this title;

`(b) an offense described in section 1751(c) of this title, if the offense, as determined beyond a reasonable doubt at the hearing under section 3593, constitutes an attempt to kill the President of the United States and results in bodily injury to the President or comes dangerously close to causing the death of the President; or

`(c) any other offense for which a sentence of death is provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3593--

`(1) intentionally killed the victim;

`(2) intentionally inflicted serious bodily injury that resulted in the death of the victim;

`(3) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act; or

`(4) intentionally and specifically engaged in an act, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to section 3593, it is determined that imposition of a sentence of death is justified; provided that no person may be sentenced to death who was less than 17 years of age at the time of the offense.

`3592. Factors to be considered in determining whether a sentence of death is justified
`(a) Mitigating Factors: In determining whether a sentence of death is to be imposed on a defendant, the finder of fact shall consider mitigating factors, including the following:

`(1) The defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform conduct to the requirements of law was significantly impaired, regardless of whether the capacity was so impaired as to constitute a defense to the charge.

`(2) The defendant was under unusual and substantial duress, regardless of whether the duress was of such a degree as to constitute a defense to the charge.

`(3) The defendant is punishable as a principal (as defined in section 2 of title 18 of the United States Code) in the offense, which was committed by another, but the defendant's participation was relatively minor, regardless of whether the participation was so minor as to constitute a defense to the charge.

`(4) The defendant could not reasonably have foreseen that the defendant's conduct in the course of the commission of murder, or other offense resulting in death for which the defendant was convicted, would cause, or would create a grave risk of causing, death to any person.

`(5) The defendant did not have a significant prior criminal record.

`(6) The defendant committed the offense under severe mental or emotional disturbance.

`(7) The victim consented to the criminal conduct that resulted in the victim's death.

`(8) That other factors in the defendant's background or character mitigate against imposition of the death sentence.
`(b) Aggravating Factors for Espionage and Treason: In determining whether a sentence of death is justified for an offense described in section 3591(a), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors and determine which, if any, exist:

`(1) the defendant has previously been convicted of another offense involving espionage or treason for which either a sentence of life imprisonment or death was authorized by statute;

`(2) in the commission of the offense the defendant knowingly created a grave risk of substantial danger to the national security; and

`(3) in the commission of the offense the defendant knowingly created a grave risk of death to another person.
The jury, or if there is no jury, the court, may consider whether any other aggravating factor exists.
`(c) Aggravating Factors for Homicide and for Attempted Murder of the President: In determining whether a sentence of death is justified for an offense described in section 3591 (b) or (c), the jury, or if there is no jury, the court, shall consider each of the following aggravating factors and determine which, if any, exist:

`(1) the death, or injury resulting in death, occurred during the commission or attempted commission of, or during the immediate flight from the commission of, an offense under section 751 (prisoners in custody of institution or officer), section 794 (gathering or delivering defense information to aid foreign government), section 844(d) (transportation of explosives in interstate commerce for certain purposes), section 844(f) (destruction of Government property in interstate commerce by explosives), section 1118 (prisoners serving life term), section 1201 (kidnaping), or section 2381 (treason) of this title, or section 902 (i) or (n) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1472 (i) or (n)) (aircraft piracy);

`(2) the defendant has previously been convicted of another Federal or State offense resulting in the death of a person, for which a sentence of life imprisonment or a sentence of death was authorized by statute;

`(3) the defendant has previously been convicted of two or more Federal or State offenses, punishable by a term of imprisonment of more than one year, committed on different occasions, involving the infliction of, or attempted infliction of, serious bodily injury or death upon another person;

`(4) the defendant, in the commission of the offense, or in escaping apprehension for the violation of the offense, knowingly created a grave risk of death to one or more persons in addition to the victim of the offense;

`(5) the defendant committed the offense in an especially heinous, cruel, or depraved manner;

`(6) the defendant procured the commission of the offense by payment, or promise of payment, of anything of pecuniary value;

`(7) the defendant committed the offense as consideration for the receipt, or in the expectation of the receipt, of anything of pecuniary value;

`(8) the defendant committed the offense after planning and premeditation to cause the death of a person or commit an act of terrorism;

`(9) the defendant has previously been convicted of two or more State or Federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance;

`(10) the victim was particularly vulnerable due to old age, youth, or infirmity;

`(11) the defendant had previously been convicted of violating title II or title III of the Controlled Substances Act for which a sentence of 5 or more years may be imposed or had previously been convicted of engaging in a continuing criminal enterprise;

`(12) the defendant violated section 408(c) of the Controlled Substances Act to the extent that the conduct described in section 408(c) of such Act was a violation of section 405 of such Act; or

`(13) the defendant committed the offense against--

`(A) the President of the United States, the President-elect, the Vice President, the Vice-President-elect, the Vice-President-designate, or, if there is no Vice President, the officer next in order of succession to the office of the President of the United States, or any person who is acting as President under the Constitution and laws of the United States;

`(B) a chief of state, head of government, or the political equivalent, of a foreign nation;

`(C) a foreign official listed in section 1116(b)(3)(A) of this title, if he is in the United States on official business; or

`(D) a Federal public servant who is a judge, a law enforcement officer, or an employee of a United States penal or correctional institution--

`(i) while he is engaged in the performance of his official duties;

`(ii) because of the performance of his official duties; or

`(iii) because of his status as a public servant.

For purposes of this subparagraph, a `law enforcement officer' is a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, or prosecution of an offense.
The jury, or if there is no jury, the court, may consider whether any other aggravating factor exists.

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`3593. Special hearing to determine whether a sentence of death is justified
`(a) Notice by the Government: If, in a case involving an offense described in section 3591, the attorney for the government believes that the circumstances of the offense are such that a sentence of death is justified under this chapter, he shall, a reasonable time before the trial, or before acceptance by the court of a plea of guilty, or at such time thereafter as the court may permit upon a showing of good cause, sign and file with the court, and serve on the defendant, a notice--

`(1) stating that the government believes that the circumstances of the offense are such that, if the defendant is convicted, a sentence of death is justified under this chapter and that the government will seek the sentence of death; and

`(2) setting forth the aggravating factor or factors that the government, if the defendant is convicted, proposes to prove as justifying a sentence of death.
The court may permit the attorney for the government to amend the notice upon a showing of good cause.
`(b) Hearing Before a Court or Jury: If the attorney for the government has filed a notice as required under subsection (a) and the defendant is found guilty of or pleads guilty to an offense described in section 3591, the judge who presided at the trial or before whom the guilty plea was entered, or another judge if that judge is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted--

`(1) before the jury that determined the defendant's guilt;

`(2) before a jury impaneled for the purpose of the hearing if--

`(A) the defendant was convicted upon a plea of guilty;

`(B) the defendant was convicted after a trial before the court sitting without a jury;

`(C) the jury that determined the defendant's guilt was discharged for good cause; or

`(D) after initial imposition of a sentence under this section, reconsideration of the sentence under this section is necessary; or

`(3) before the court alone, upon the motion of the defendant and with the approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of twelve members, unless, at any time before the conclusion of the hearing, the parties stipulate, with the approval of the court, that it shall consist of a lesser number.

`(c) Proof of Mitigating and Aggravating Factors: Notwithstanding rule 32(c) of the Federal Rules of Criminal Procedure, when a defendant is found guilty or pleads guilty to an offense under section 3591, no presentence report shall be prepared. At the sentencing hearing, information may be presented as to any matter relevant to the sentence, including any mitigating or aggravating factor permitted or required to be considered under section 3592. Information presented may include the trial transcript and exhibits if the hearing is held before a jury or judge not present during the trial. Any other information relevant to a mitigating or aggravating factor may be presented by either the attorney for the government or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials, except that information may be excluded if its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. The government and the defendant shall be permitted to rebut any information received at the hearing, and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any aggravating or mitigating factor, and as to the appropriateness in the case of imposing a sentence of death. The government shall open the argument. The defendant shall be permitted to reply. The government shall then be permitted to reply in rebuttal. The burden of establishing the existence of any aggravating factor is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. The burden of establishing the existence of any mitigating factor is on the defendant, and is not satisfied unless the existence of such a factor is established by a preponderance of the information.
`(d) Return of Special Findings: The jury, or if there is no jury, the court, shall consider all the information received during the hearing. It shall return special findings identifying any aggravating factor or factors set forth in section 3592 found to exist and any other aggravating factor for which notice has been provided under subsection (a) found to exist. A finding with respect to a mitigating factor may be made by one or more members of the jury, and any member of the jury who finds the existence of a mitigating factor may consider such factor established for purposes of this section regardless of the number of jurors who concur with the factor has been established. A finding with respect to any aggravating factor must be unanimous. If no aggravating factor set forth in section 3592 is found to exist, the court shall impose a sentence other than death authorized by law.

`(e) Return of a Finding Concerning a Sentence of Death: If, in the case of--

`(1) an offense described in section 3591(a), an aggravating factor required to be considered under section 3592(b) is found to exist; or

`(2) an offense described in section 3591 (b) or (c), an aggravating factor required to be considered under section 3592(c) is found to exist;
the jury, or if there is no jury, the court, shall then consider whether all the aggravating factor or factors found to exist sufficiently outweigh all the mitigating factor or factors found to exist to justify a sentence of death, or, in the absence of a mitigating factor, whether the aggravating factor or factors alone are sufficient to justify a sentence of death. Based upon this consideration, the jury by unanimous vote, or if there is no jury, the court, shall recommend whether a sentence of death shall be imposed rather than some other lesser sentence. The jury or the court, if there is no jury, regardless of its findings with respect to aggravating and mitigating factors, is never required to impose a death sentence, and the jury shall be so instructed.
`(f) Special Precaution To Assure Against Discrimination: In a hearing held before a jury, the court, prior to the return of a finding under subsection (e), shall instruct the jury that, in considering whether a sentence of death is justified, it shall not consider the race, color, religious beliefs, national origin, or sex of the defendant or of any victim and that the jury is not to recommend a sentence of death unless it has concluded that it would recommend a sentence of death for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or of any victim may be. The jury, upon return of a finding under subsection (e), shall also return to the court a certificate, signed by each juror, that consideration of the race, color, religious beliefs, national origin, or sex of the defendant or any victim was not involved in reaching his or her individual decision and that the individual juror would have made the same recommendation regarding a sentence for the crime in question no matter what the race, color, religious beliefs, national origin, or sex of the defendant or any victim may be.

`3594. Imposition of a sentence of death
`Upon a finding under section 3593(e) that a sentence of death is justified, the court shall sentence the defendant to death. Upon a finding under section 3593(e) that a sentence of death is not justified, or under section 3593(d) that no aggravating factor required to be found exists, the court shall impose any sentence other than death that is authorized by law. Notwithstanding any other provision of law, if the maximum term of imprisonment for the offense is life imprisonment, the court may impose a sentence of life imprisonment without parole.

`3595. Review of a sentence of death
`(a) Appeal: In a case in which a sentence of death is imposed, the sentence shall be subject to review by the court of appeals upon appeal by the defendant. Notice of appeal must be filed within the time specified for the filing of a notice of appeal. An appeal under this section may be consolidated with an appeal of the judgment of conviction and shall have priority over all other cases.
`(b) Review: The court of appeals shall review the entire record in the case, including--

`(1) the evidence submitted during the trial;

`(2) the information submitted during the sentencing hearing;

`(3) the procedures employed in the sentencing hearing; and

`(4) the special findings returned under section 3593(d).
`(c) Decision and Disposition:

`(1) If the court of appeals determines that--

`(A) the sentence of death was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and

`(B) the information supports the special finding of the existence of an aggravating factor required to be considered under section 3592;

it shall affirm the sentence.

`(2) In any other case, the court of appeals shall remand the case for reconsideration under section 3593.

`(3) The court of appeals shall state in writing the reasons for its disposition of an appeal of a sentence of death under this section.

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`3596. Implementation of a sentence of death
`(a) A person who has been sentenced to death pursuant to the provisions of this chapter shall be committed to the custody of the Attorney General until exhaustion of the procedures for appeal of the judgment of conviction and for review of the sentence. When the sentence is to be implemented, the Attorney General shall release the person sentenced to death to the custody of a United States marshal, who shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of such State does not provide for implementation of a sentence of death, the court shall designate another State, the law of which does so provide, and the sentence shall be implemented in the latter State in the manner prescribed by such law.
`(b) A sentence of death shall not be carried out upon a woman while she is pregnant.
`(c) A sentence of death shall not be carried out upon a person who is mentally retarded. A sentence of death shall not be carried out upon a person who, as a result of mental disability--

`(1) cannot understand the nature of the pending proceedings, what such person was tried for, the reason for the punishment, or the nature of the punishment; or

`(2) lacks the capacity to recognize or understand facts which would make the punishment unjust or unlawful, or lacks the ability to convey such information to counsel or to the court.

`3597. Use of State facilities
`(a) In General: A United States marshal charged with supervising the implementation of a sentence of death may use appropriate State or local facilities for the purpose, may use the services of an appropriate State or local official or of a person such an official employs for the purpose, and shall pay the costs thereof in an amount approved by the Attorney General.
`(b) Excuse of an Employee on Moral or Religious Grounds: No employee of any State department of corrections or the Federal Bureau of Prisons and no employee providing services to that department or bureau under contract shall be required, as a condition of that employment, or contractual obligation to be in attendance at or to participate in any execution carried out under this section if such participation is contrary to the moral or religious convictions of the employee. For purposes of this subsection, the term `participation in executions' includes personal preparation of the condemned individual and the apparatus used for execution and supervision of the activities of other personnel in carrying out such activities.'.
(b) Repeal: Sections 3566 and 3567 of title 18, United States Code, are hereby repealed.
(c) Amendments to Chapter Analysis: (1) The chapter analysis of part II of title 18, United States Code, is amended by adding the following new item after the item relating to chapter 227:

`228. Death sentence

3591'.
(2) The section analysis of chapter 227 of title 18, United States Code, is amended by amending the items relating to sections 3566 and 3567 to read as follows:

`3566. Repealed.

`3567. Repealed.'.

SEC. 103. CONFORMING CHANGES IN TITLE 18.
(a) Aircrafts and Motor Vehicles: Section 34 of title 18, United States Code, is amended by striking the comma after `imprisonment for life' and inserting a period and striking the remainder of the section.
(b) Espionage: Section 794(a) of title 18, United States Code, is amended by striking the period at the end of the section and inserting `, except that the sentence of death shall not be imposed unless the jury or, if there is no jury, the court, further finds that the offense directly concerned nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large-scale attack; war plans; communications intelligence or cryptographic information; or any other major weapons system or major element of defense strategy.'.

(c) Explosive Materials: (1) Section 844(d) of title 18, United States Code, is amended by striking `as provided in section 34 of this title'.
(2) Section 844(f) of title 18, United States Code, is amended by striking `as provided in section 34 of this title'.
(3) Section 844(i) of title 18, United States Code, is amended by striking the words `as provided in section 34 of this title'.
(d) Murder: (1) The second undesignated paragraph of section 1111(b) of title 18, United States Code, is amended to read as follows:
`Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;'.
(2) Section 1116(a) of title 18, United States Code, is amended by striking `any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and'.
(e) Kidnapping: Section 1201(a) of title 18, United States Code, is amended by inserting after `or for life' the following: `and, if the death of any person results, shall be punished by death or life imprisonment'.
(f) Nonmailable Injurious Articles: The last paragraph of section 1716 of title 18, United States Code, is amended by striking the comma after `imprisonment for life' and inserting a period and striking the remainder of the paragraph.
(g) Presidential Assassinations: Subsection (c) of section 1751 of title 18, United States Code, is amended to read as follows:
`(c) Whoever attempts to kill or kidnap any individual designated in subsection (a) of this section shall be punished (1) by imprisonment for any term of years or for life, or (2) by death or imprisonment for any term of years or for life, if the conduct constitutes an attempt to kill the President of the United States and results in bodily injury to the President or otherwise comes dangerously close to causing the death of the President.'.
(h) Wrecking Trains: The second to the last undesignated paragraph of section 1992 of title 18, United States Code, is amended by striking the comma after `imprisonment for life' and inserting a period and striking the remainder of the section.
(i) Bank Robbery: Section 2113(e) of title 18, United States Code, is amended by striking `or punished by death if the verdict of the jury shall so direct' and inserting `or if death results shall be punished by death or life imprisonment'.
(j) Hostage Taking: Section 1203(a) of title 18, United States Code, is amended by inserting after `or for life' the following: `and, if the death of any person results, shall be punished by death or life imprisonment'.
(k) Racketeering: (1) Section 1958 of title 18, United States Code, is amended by striking `and if death results, shall be subject to imprisonment for any term of years or for life, or shall be fined not more than $50,000, or both' and inserting `and if death results, shall be punished by death or life imprisonment, or shall be fined not more than $250,000, or both'.
(2) Section 1959(a)(1) of title 18, United States Code, is amended to read as follows:

`(1) for murder, by death or life imprisonment, or a fine of not more than $250,000, or both; and for kidnapping, by imprisonment for any term of years or for life, or a fine of not more than $250,000, or both;'.
(l) Genocide: Section 1091(b)(1) of title 18, United States Code, is amended by striking `a fine of not more than $1,000,000 or imprisonment for life,' and inserting `, where death results, a fine of not more than $1,000,000, or imprisonment for life or a sentence of death,'.

SEC. 104. CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954.
Section 903 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1473), is amended by striking subsection (c).

SEC. 105. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
The provisions of chapter 228 of title 18, United States Code, as added by this Act, shall not apply to prosecutions under the Uniform Code of Military Justice (10 U.S.C. 801).

SEC. 106. MURDER BY A FEDERAL PRISONER.
(a) In General: Chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following:

`1118. Murder by a Federal prisoner
`(a) Whoever, while confined in a Federal correctional institution under a sentence for a term of life imprisonment, murders another shall be punished by death or by life imprisonment without the possibility of parole.
`(b) For the purposes of this section--

`(1) the term `Federal correctional institution' means any Federal prison, Federal correctional facility, Federal community program center, or Federal halfway house;

`(2) the term `term of life imprisonment' means a sentence for the term of natural life, a sentence commuted to natural life, an indeterminate term of a minimum of at least fifteen years and a maximum of life, or an unexecuted sentence of death; and

`(3) the term `murders' means committing first degree or second degree murder as defined by section 1111 of this title.'.
(b) Amendment to Chapter Analysis: The chapter analysis for chapter 51 of title 18, United States Code, is amended by adding at the end thereof the following:

`1118. Murder by a Federal prisoner.'.

TITLE II--EXCLUSIONARY RULE

SEC. 201. SEARCHES AND SEIZURES PURSUANT TO AN INVALID WARRANT.
(a) In General: Chapter 109 of title 18, United States Code, is amended by adding at the end thereof the following new section:

`2237. Evidence obtained by invalid warrant
`Evidence which is obtained as a result of search or seizure shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the Fourth Amendment to the Constitution of the United States, if the search or seizure was carried out in reasonable reliance on a warrant issued by a detached and neutral magistrate ultimately found to be invalid, unless--

`(1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth;

`(2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant;

`(3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or

`(4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid.'.
(b) Amendment to Chapter Analysis: The chapter analysis for chapter 109 of title 18, United States Code, is amended by adding at the end thereof the following:

`2237. Evidence obtained by invalid warrant.'.

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TITLE III--INTERNATIONAL MONEY LAUNDERING

SEC. 301. REPORTS ON USES MADE OF CURRENCY TRANSACTION REPORTS.
(a) Report to Congress on Use of Transaction Reports: Not later than 180 days after the effective date of this section, and annually thereafter for 3 years, the Secretary of the Treasury shall report to the Congress the following:

(1) the number of each type of report filed pursuant to subchapter II of chapter 53 of title 31, United States Code (or regulations promulgated thereunder) in the previous fiscal year;

(2) the number of reports filed pursuant to section 6050I of the Internal Revenue Code of 1986 (regarding transactions involving currency) in the previous fiscal year;

(3) an estimate of the rate of compliance with the reporting requirements by persons required to file the reports referred to in paragraphs (1) and (2);

(4) the manner in which the Department of the Treasury and other agencies of the United States collect, organize, analyze and use the reports referred to in paragraphs (1) and (2) to support investigations and prosecutions of (A) violations of the criminal laws of the United States, (B) violations of the laws of foreign countries, and (C) civil enforcement of the laws of the United States including the provisions regarding asset forfeiture;

(5) a summary of sanctions imposed in the previous fiscal year against persons who failed to comply with the reporting requirements referred to paragraphs (1) and (2), and other steps taken to ensure maximum compliance;

(6) a summary of criminal indictments filed in the previous fiscal year which resulted, in large part, from investigations initiated by analysis of the reports referred to in paragraphs (1) and (2); and

(7) a summary of criminal indictments filed in the previous fiscal year which resulted, in large part, from investigations initiated by information regarding suspicious financial transactions provided voluntarily by financial institutions.
(b) Advisory Group on Reporting Requirements: Not later than 90 days after the effective date of this section, the Secretary shall establish an Advisory Group on Reports on Monetary Instruments Transactions consisting of representatives of the Department of the Treasury and of financial institutions and other persons subject to the reporting requirements referred to in paragraphs (1) and (2) of subsection (a). The Advisory Group shall provide a means by which the Secretary--

(1) informs private sector representatives, on a regular basis, of the ways in which the reports referred to in subsections (a) (1) and (2) have been used for the purposes described in subsection (a)(4);

(2) informs private sector representatives, on a regular basis, of how information regarding suspicious financial transactions provided voluntarily by financial institutions has been used for the purposes described in subsection (a)(4); and

(3) receives advice on the manner in which the reporting requirements referred to in subsections (a) (1) and (2) should be modified to enhance the ability of law enforcement agencies to use the information provided for law enforcement purposes.

SEC. 302. ELECTRONIC SCANNING OF CERTAIN UNITED STATES CURRENCY NOTES.
(a) Electronic Scanning Task Force: (1) Not more than thirty days after the date of enactment of this section, the Secretary of the Treasury (hereafter in this section referred to as the `Secretary') shall appoint an Electronic Scanning Task Force (hereafter in this section referred to as the `Task Force') to--

(A) study methods of printing on United States currency notes issued under section 51115 of title 31, United States Code, in denominations of $10 or more a serial number on each such United States currency note that may be read by electronic scanning;

(B) make an assessment of the cost of implementing such electronic scanning of such United States currency notes; and

(C) make recommendations about the amount of time needed to implement such electronic scanning.
(2) In appointing members to the Task Force described in subsection (a), the Secretary shall appoint such number of members as the Secretary determines to be appropriate. The Secretary, shall, at a minimum appoint to the Task Force--

(A) the Assistant Secretary for Enforcement in the Department of the Treasury (who shall serve as a nonvoting, ex officio member); and

(B) at least one recognized expert from each of the following fields relating to electronic scanning technology:

(i) coding,

(ii) symbology,

(iii) scanning systems,

(iv) computer data compilation, and

(v) printing technology.
(3) Except as provided in paragraph (2)(A), no individual who is a full-time employee of the Federal Government may serve as a member of the Task Force.
(4) The provisions of the Federal Advisory Committee Act shall not apply with respect to the Task Force.
(5) Members of the Task Force shall, while attending meetings and conferences of the Task Force or otherwise engaging in the business of the Task Force (including travel time), be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding the rate specified at the time of such service under GS-18 of the General Schedule established under section 5332 of title 5, United States Code.
(6) While away from their homes or regular places of business on the business of the Task Force, such members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed intermittently in the Government service.
(7) Upon the issuance of the report by the Secretary under subsection (b), the Task Force shall cease to exist.
(b) Report to the Congress: Not later than one hundred and eighty days after the date of enactment of this section, the Secretary shall issue a report to the appropriate committees of the Congress that summarizes the findings and recommendations of the Task Force under subsection (a)(1), and includes any additional recommendations by the Secretary.
(c) Authorization of Appropriations: There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

SEC. 303. CONFORMING AMENDMENT OF PROVISION RELATING TO THE EQUITABLE TRANSFER TO A PARTICIPATING FOREIGN NATION OF FORFEITED PROPERTY OR PROCEEDS.
Section 981(i) of title 18, United States Code, is amended--

(1) by striking `In the case of property subject to forfeiture under subsection (a)(1)(B), the following additional provisions shall, to the extent provided by treaty, apply:';

(2) in paragraph (1), by striking the first two sentences and inserting the following: `Whenever property is civilly or criminally forfeited under this chapter, the Attorney General may transfer the forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer (i) has been agreed to by the Secretary of State and the Secretary of the Treasury, (ii) is authorized in an international agreement between the United States and the foreign country, and (iii) is made to a country that, if applicable, has been certified under section 481(h) of the Foreign Assistance Act of 1961.'; and

(3) in paragraph (1), by striking the last sentence.

SEC. 304. ADDITION OF CONFORMING PREDICATE MONEY LAUNDERING REFERENCES TO `INSIDER' EXEMPTION FROM THE RIGHT TO FINANCIAL PRIVACY ACT.
Section 1113(l)(2) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3413(l)(2)) is amended by inserting `or of section 1956 or 1957 of title 18, United States Code' after `any provision of subchapter II of chapter 53 of title 31, United States Code'.

SEC. 305. CLARIFICATION OF DEFINITION OF `MONETARY INSTRUMENTS'.
Section 1956(c)(5) of title 18, United States Code, is amended to read as follows:

`(5) the term `monetary instruments' means (i) coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, and money orders, or (ii) investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery;'.

SEC. 306. MONEY LAUNDERING AMENDMENTS.
Section 1956(c)(1) is amended by striking `State or Federal' and inserting `State, Federal, or foreign'.

SEC. 307. DEFINITION OF `SPECIFIED UNLAWFUL ACTIVITY' FOR MONEY LAUNDERING STATUTE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--

(1) by inserting `sections 1005-07 (relating to false statements by an employee of a financial institution), section 1014 (relating to false statements in connection with loan and credit applications),' after `section 875 (relating to interstate communications),'; and

(2) by striking `section 1344 (relating to bank fraud),'.

[Page: S7376]

SEC. 308. RIGHT TO FINANCIAL PRIVACY ACT AMENDMENT.
Section 1103(c) of the Right to Financial Privacy Act (12 U.S.C. 3403(c)) is amended in the last sentence--

(1) by striking `or' after `such disclosure' and inserting a comma; and

(2) by inserting before the period the following:

`, or for a refusal to do business with that customer after having made such disclosure'.

SEC. 309. CORRECTION OF ERRONEOUS PREDICATE OFFENSE REFERENCE UNDER 18 U.S.C. 1956.
Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking out `section 310 of the Controlled Substances Act (21 U.S.C. 830) (relating to precursor and essential chemicals)' and inserting in lieu thereof `a felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals)'.

SEC. 310. KNOWLEDGE REQUIREMENT FOR INTERNATIONAL MONEY LAUNDERING.
Section 1956(a) of title 18, United States Code, is amended--

(1) in paragraph (2) by inserting at the end the following: `For the purpose of the offense described in subparagraph (B), the defendant's knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, and the defendant's subsequent statements or actions indicate that the defendant believed such representations to be true.'; and

(2) in paragraph (3) by striking `For purposes of this paragraph' and inserting `For purposes of this paragraph and paragraph (2)'.

SEC. 311. MONEY LAUNDERING FORFEITURES.
Section 982(b)(2) of title 18, United States Code, is amended by inserting before the period the following: `unless the defendant, in committing the offense or the offenses giving rise to the forfeiture, conducted 3 or more separate transactions involving a total of $100,000 or more in any 12 month period'.

SEC. 312. MONEY LAUNDERING CONSPIRACIES.
Section 1956 of title 18, United States Code, is amended by adding at the end thereof the following new subsection:
`(g) Any person who attempts or conspires to commit any offense defined in this section or in section 1957 of this title shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.'.

END