[Congressional Record Volume 144, Number 51 (Thursday, April 30, 1998)]
[Senate]
[Pages S3926-S3929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. LEAHY (for himself, Mr. Daschle, Mr. Kohl, Mrs. Feinstein,
and Mr. Cleland):
S. 2011. A bill to strengthen the Federal prosecution and seizure of
illegal proceeds of international drug dealing and criminal activity,
and to provide for the drug testing and treatment of incarcerated
offenders and reduce drug trafficking in correctional facilities, and
for other purposes; to the Committee on the Judiciary.
The Money Laundering Enforcement Act and the Combating Drugs in Prisons
Act
Mr. LEAHY. Mr. President, today, joined by Senators Daschle, Kohl,
Feinstein, and Cleland, I am introducing legislation which will provide
state and federal governments with additional tools to fight drug
trafficking, money laundering and drug use in prisons. This legislation
is intended to complement the Administration's comprehensive 10-year
National Drug Control Strategy by providing federal prosecutors with
additional means to seize assets linked to illegal criminal and drug
activity and prevent drug kingpins and others from engaging in money
laundering. In addition, this legislation will allow states to use
federal prison grant funds to test and treat drug-addicted inmates and
parolees.
I note that the Speaker of the House today is hosting a Republican
rally to proclaim fault with the Administration's comprehensive drug
control strategy. Mr. President, the bill that we are introducing today
is not the easy rhetoric that some have to offer in this crucial area
of public policy. Here is a chance to actually make a difference. I do
not find constructive the efforts of the other body's Republican
leadership over the past few years to slash assistance for drug
enforcement, prevention and treatment programs. Twice, in fact, they
tried to cut the extremely effective Safe and Drug-Free Schools funding
by 50 percent, just as they significantly reduced support for drug
prevention and treatment programs when they assumed leadership of the
Congress in 1995.
Nor do I consider it constructive for Speaker Gingrich, as he did in
his February radio address, to fault the Administration while at the
same time claiming credit for such Administration strategies as a
national youth-oriented anti-drug campaign and added support for
community programs and schools. These are key components of the
Administration's 1998 National Drug Control Strategy, including the
highly effective radio and TV ads now airing in 12 pilot cities. To
really make a difference in more than just the headlines, we need to
work together to reduce the quantity of drugs coming into this country
and the number of drug addicts both in prison and walking our streets.
Money Laundering Act of 1998
This act will help prosecutors force international criminals out of
the darkness and into the light by greatly reducing their ability to
hide behind foreign banking laws or other procedural tricks. It will
also ensure that defendants arrested overseas are no longer able to use
the U.S. courts to their benefit while fighting against being
extradited to the United States.
Another provision in this bill which allows federal prosecutors to
temporarily seize U.S. assets owned by individuals arrested overseas
will greatly enhance law enforcement's ability to shut down drug
trafficking operations based outside the United States. National
boundaries mean less and less to drug kingpins and other criminals
today and this legislation will help us reform our Nation's laws to
reflect this reality.
This bill would allow a brief ex parte seizure of assets while any
arrest papers are in transit to prevent individuals arrested in another
country from moving the fruits of their crimes from the United States
to another country. Currently, foreign defendants often move their
assets virtually instantaneously via electronic transfers while our
prosecutors are waiting for the arrest records. In addition, defendants
would no longer be able to hide behind foreign bank secrecy laws while
they claim seized property in United States courts.
This bill makes important procedural changes for federal prosecutors:
it extends U.S. jurisdiction over foreign banks; updates evidentiary
rules regarding foreign records; allows federal prosecutors to charge
defendants who engage in multiple illegal acts with course of conduct
claims; and allows prosecutors to charge criminals with conspiracy to
violate the laws.
This legislation also adds several new crimes to the list triggering
asset forfeiture, including crimes of violence, additional foreign
crimes, and crimes committed by or against foreign governments. While I
believe that these provisions are necessary for prosecutors to carry
out their important work, I realize that some of these provisions may
need to be fine-tuned to accomplish their intended goal. I pledge to
work with members on both sides of the aisle to ensure that this
legislation is broad enough to meet these goals without being overly
intrusive.
In drafting this bill, I have purposely avoided including several
domestic asset forfeiture provisions. While we may have to face these
thorny issues down the road, I decided to craft a bill which I believe
can be supported by the majority of Senators. We can then bring up
these more complicated issues after a fuller discussion has taken
place.
The Combating Drug Abuse in Prisons Act
This act will allow states to use any of the funds they receive under
the Violent Offender Incarceration and Truth in Sentencing grant
programs to provide drug testing and treatment for inmates and other
court-supervised individuals, such as probationers and parolees. With
80 percent of inmates reportedly linked to drug and alcohol activity
and with a requirement in place that states develop and implement a
drug testing and treatment plan for these individuals by September 1,
1998, it is critical that this federal funding be made available for
these purposes.
According to a study recently released by the National Center on
Addiction and Substance Abuse (CASA) based at Columbia University, 80
percent of individuals currently incarcerated either ``violated drug or
alcohol
[[Page S3927]]
laws, were intoxicated at the time they committed their crimes, stole
property to buy drugs, or are `regular drug users'.'' This study also
found that inmates who are illegal drug or alcohol abusers are the most
likely to be repeat offenders. In fact, this study concluded that 61
percent of state prison inmates who have two prior convictions are
regular drug users. Another recent study, conducted by the Bureau of
Justice Statistics, found that over half of all convicted jail inmates
in 1996 reported having used drugs in the month prior to their offense.
Sixty percent of these inmates also reported using drugs or alcohol or
both at the time of the offense for which they were charged.
If we want to stem the increase in our Nation's prison population, we
must determine which inmates are addicted to drugs or alcohol, reduce
the availability of drugs in prisons and ensure inmates have access to
the treatment they need while incarcerated. This bill will help states
meet all these goals by allowing them to use as much as they choose--or
as little--of the federal prison funds they receive for drug testing
and intervention and to develop strategies to reduce drug trafficking
into prisons. As Joseph Califano, former Secretary of Health, Education
and Welfare and president of CASA, noted when the CASA study was
released: ``Releasing drug-addicted inmates without treatment helps
maintain the market for illegal drugs and supports drug dealers.''
I realize some of my colleagues may be concerned about funds
originally designated for prison construction costs being used for drug
testing and treatment. Let me assure you that states will retain
complete flexibility under this bill as to how they allocate their
Truth in Sentencing and Violent Offender Incarceration grant funds.
But, I'd also like to point out that according to the CASA study, it
would cost states approximately $6,500 per year to provide
comprehensive and effective residential drug treatment services to an
inmate. While this figure may seem high, the study further determined
that society will see an economic return of $68,800 for each inmate who
successfully completes such a program and returns to the community
sober and with a job. This figure represents the savings in the first
year based on the much lower likelihood that the former inmate will be
arrested, prosecuted or incarcerated and includes health care savings
and the potential earnings of a drug-free individual.
James Walton, Vermont's Commissioner of Public Safety, wholeheartedly
supports this legislation, and I have always valued his counsel. As the
head of Vermont's law enforcement agency, he has first-hand knowledge
of what the real needs are in my state. Clearly, he believes that this
legislation will have a positive effect on ongoing law enforcement and
drug control strategies in Vermont. I'm certain it will have the same
effect across the country. I urge my colleagues to support this bill so
our federal and state officials have the resources they need to combat
our Nation's drug problems--both overseas and in our nation's prisons.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2011
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Money
Laundering Enforcement and Combatting Drugs in Prisons Act of
1998''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INTERNATIONAL MONEY LAUNDERING
Sec. 101. Short title.
Sec. 102. Illegal money transmitting businesses.
Sec. 103. Restraint of assets of persons arrested abroad.
Sec. 104. Access to records in bank secrecy jurisdictions.
Sec. 105. Civil money laundering jurisdiction over foreign persons.
Sec. 106. Laundering money through a foreign bank.
Sec. 107. Specified unlawful activity for money laundering.
Sec. 108. Criminal forfeiture for money laundering conspiracies.
Sec. 109. Fungible property in foreign bank accounts.
Sec. 110. Subpoenas for bank records.
Sec. 111. Fugitive disentitlement.
Sec. 112. Admissibility of foreign business records.
Sec. 113. Charging money laundering as a course of conduct.
Sec. 114. Venue in money laundering cases.
Sec. 115. Technical amendment to restore wiretap authority for certain
money laundering offenses.
TITLE II--DRUG TESTING AND INTERVENTION FOR INMATES AND PROBATIONERS
Sec. 201. Short title.
Sec. 202. Additional requirements for the use of funds under the
violent offender incarceration and truth-in-sentencing
incentive grant programs.
Sec. 203. Use of residential substance abuse treatment grants to
provide for services during and after incarceration.
TITLE I--INTERNATIONAL MONEY LAUNDERING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Money Laundering
Enforcement Act of 1998''.
SEC. 102. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) Civil Forfeiture for Money Transmitting Violation.--
Section 981(a)(1)(A) of title 18, United States Code, is
amended by striking ``or 1957'' and inserting ``, 1957, or
1960''.
(b) Scienter Requirement for Section 1960 Violation.--
Section 1960 of title 18, United States Code, is amended by
adding at the end the following:
``(c) Scienter Requirement.--For the purposes of proving a
violation of this section involving an illegal money
transmitting business--
``(1) it shall be sufficient for the Government to prove
that the defendant knew that the money transmitting business
lacked a license required by State law; and
``(2) it shall not be necessary to show that the defendant
knew that the operation of such a business without the
required license was an offense punishable as a felony or
misdemeanor under State law.''.
SEC. 103. RESTRAINT OF ASSETS OF PERSONS ARRESTED ABROAD.
Section 981(b) of title 18, United States Code, is amended
by adding at the end the following:
``(3) Restraint of assets.--
``(A) In general.--If any person is arrested or charged in
a foreign country in connection with an offense that would
give rise to the forfeiture of property in the United States
under this section or under the Controlled Substances Act,
the Attorney General may apply to any Federal judge or
magistrate judge in the district in which the property is
located for an ex parte order restraining the property
subject to forfeiture for not more than 30 days, except that
the time may be extended for good cause shown at a hearing
conducted in the manner provided in Rule 43(e) of the Federal
Rules of Civil Procedure.
``(B) Application.--An application for a restraining order
under subparagraph (A) shall--
``(i) set forth the nature and circumstances of the foreign
charges and the basis for belief that the person arrested or
charged has property in the United States that would be
subject to forfeiture; and
``(ii) contain a statement that the restraining order is
needed to preserve the availability of property for such time
as is necessary to receive evidence from the foreign country
or elsewhere in support of probable cause for the seizure of
the property under this subsection.''.
SEC. 104. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.
Section 986 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Access to Records Located Abroad.--
``(1) In general.--In any civil forfeiture case, or in any
ancillary proceeding in any criminal forfeiture case governed
by section 413(n) of the Controlled Substances Act (21 U.S.C.
853(n)), the refusal of the claimant to provide financial
records located in a foreign country in response to a
discovery request or take the action necessary otherwise to
make the records available, shall result in the dismissal of
the claim with prejudice, if--
``(A) the financial records may be material--
``(i) to any claim or to the ability of the government to
respond to such claim; or
``(ii) in a civil forfeiture case, to the ability of the
government to establish the forfeitability of the property;
and
``(B) it is within the capacity of the claimant to waive
his or her rights under such secrecy laws, or to obtain the
financial records himself or herself, so that the financial
records may be made available.
``(2) Privilege.--Nothing in this subsection shall be
construed to affect the rights of a claimant to refuse
production of any records on the basis of any privilege
guaranteed by the Constitution of the United States or any
other provision of Federal law.''.
SEC. 105. CIVIL MONEY LAUNDERING JURISDICTION OVER FOREIGN
PERSONS.
Section 1956(b) of title 18, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively,
[[Page S3928]]
and indenting each subparagraph appropriately;
(2) by striking ``(b) Whoever'' and inserting the
following:
``(b) Civil Penalties.--
``(1) In general.--Whoever''; and
(3) by adding at the end the following:
``(2) Jurisdiction.--For purposes of adjudicating an action
filed or enforcing a penalty ordered under this section, the
district courts of the United States shall have jurisdiction
over any foreign person, including any financial institution
authorized under the laws of a foreign country, that commits
an offense under subsection (a) involving a financial
transaction that occurs in whole or in part in the United
States, if service of process upon such foreign person is
made in accordance with the Federal Rules of Civil Procedure
or the laws of the foreign country in which the foreign
person is found.
``(3) Satisfaction of judgment.--In any action described in
paragraph (2), the court may issue a pretrial restraining
order or take any other action necessary to ensure that any
bank account or other property held by the defendant in the
United States is available to satisfy a judgment under this
section.''.
SEC. 106. LAUNDERING MONEY THROUGH A FOREIGN BANK.
Section 1956(c)(6) of title 18, United States Code, is
amended to read as follows:
``(6) the term `financial institution' includes--
``(A) any financial institution described in section
5312(a)(2) of title 31, or the regulations promulgated
thereunder; and
``(B) any foreign bank, as defined in section 1(b)(7) of
the International Banking Act of 1978 (12 U.S.C. 3101(7));''.
SEC. 107. SPECIFIED UNLAWFUL ACTIVITY FOR MONEY LAUNDERING.
(a) In General.--Section 1956(c)(7) of title 18, United
States Code, is amended--
(1) in subparagraph (B)--
(A) by striking clause (ii) and inserting the following:
``(ii) any act or acts constituting a crime of violence;'';
and
(B) by adding at the end the following:
``(iv) fraud, or any scheme to defraud, committed against a
foreign government or foreign governmental entity;
``(v) bribery of a public official, or the
misappropriation, theft, or embezzlement of public funds by
or for the benefit of a public official;
``(vi) smuggling or export control violations involving
munitions listed in the United States Munitions List or
technologies with military applications as defined in the
Commerce Control List of the Export Administration
Regulations; or
``(vii) an offense with respect to which the United States
would be obligated by a multilateral treaty either to
extradite the alleged offender or to submit the case for
prosecution, if the offender were found with the territory of
the United States;'';
(2) in subparagraph (D)--
(A) by inserting ``section 541 (relating to goods falsely
classified),'' before ``section 542'';
(B) by inserting ``section 922(l) (relating to the unlawful
importation of firearms), section 924(m) (relating to
firearms trafficking),'' before ``section 956'';
(C) by inserting ``section 1030 (relating to computer fraud
and abuse),'' before ``1032''; and
(D) by inserting ``any felony violation of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611 et seq.),''
before ``or any felony violation of the Foreign Corrupt
Practices Act''; and
(3) in subparagraph (E), by inserting ``the Clean Air Act
(42 U.S.C. 6901 et seq.),'' after ``the Safe Drinking Water
Act (42 U.S.C. 300f et seq.),''.
SEC. 108. CRIMINAL FORFEITURE FOR MONEY LAUNDERING
CONSPIRACIES.
Section 982(a)(1) of title 18, United States Code, is
amended by inserting ``or a conspiracy to commit any such
offense,'' after ``of this title,''.
SEC. 109. FUNGIBLE PROPERTY IN FOREIGN BANK ACCOUNTS.
Section 984(d) of title 18, United States Code, is amended
by adding at the end the following:
``(3) In this subsection, the term `financial institution'
includes a foreign bank, as defined in section 1(b)(7) of the
International Banking Act of 1978 (12 U.S.C. 3101(7)).''.
SEC. 110. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is
amended--
(1) by striking ``section 1956, 1957, or 1960 of this
title, section 5322 or 5324 of title 31, United States Code''
and inserting ``section 981 of this title'';
(2) by inserting ``before or'' before ``after''; and
(3) by striking the last sentence.
SEC. 111. FUGITIVE DISENTITLEMENT.
(a) In General.--Chapter 163 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 2467. Fugitive disentitlement
``Any person who, in order to avoid criminal prosecution,
purposely leaves the jurisdiction of the United States,
declines to enter or reenter the United States to submit to
the jurisdiction of the United States, or otherwise evades
the jurisdiction of a court of the United States in which a
criminal case is pending against the person, may not use the
resources of the courts of the United States in furtherance
of a claim in any related civil forfeiture action or a claim
in any third-party proceeding in any related criminal
forfeiture action.''.
(b) Conforming Amendment.--The analysis for chapter 163 of
title 28, United States Code, is amended by adding at the end
the following:
``2467. Fugitive disentitlement.''.
SEC. 112. ADMISSIBILITY OF FOREIGN BUSINESS RECORDS.
(a) In General.--Chapter 163 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 2468. Foreign records
``(a) Definitions.--In this section--
``(1) the term `business' includes business, institution,
association, profession, occupation, and calling of every
kind whether or not conducted for profit;
``(2) the term `foreign certification' means a written
declaration made and signed in a foreign country by the
custodian of a record of regularly conducted activity or
another qualified person, that if falsely made, would subject
the maker to criminal penalty under the law of that country;
``(3) the term `foreign record of regularly conducted
activity' means a memorandum, report, record, or data
compilation, in any form, of acts, events, conditions,
opinions, or diagnoses, maintained in a foreign country; and
``(4) the term `official request' means a letter rogatory,
a request under an agreement, treaty or convention, or any
other request for information or evidence made by a court of
the United States or an authority of the United States having
law enforcement responsibility, to a court or other authority
of a foreign country.
``(b) Admissibility.--In a civil proceeding in a court of
the United States, including a civil forfeiture proceeding
and a proceeding in the United States Claims Court and the
United States Tax Court, unless the source of information or
the method or circumstances of preparation indicate lack of
trustworthiness, a foreign record of regularly conducted
activity (or a duplicate of such record), obtained pursuant
to an official request, shall not be excluded as evidence by
the hearsay rule if a foreign certification, also obtained
pursuant to the same official request or subsequent official
request that adequately identifies such foreign record,
attests that --
``(1) the foreign record was made, at or near the time of
the occurrence of the matters set forth, by (or from
information transmitted by) a person with knowledge of those
matters;
``(2) the foreign record was kept in the course of a
regularly conducted business activity;
``(3) the business activity made such a record as a regular
practice; and
``(4) if the foreign record is not the original, the record
is a duplicate of the original.
``(c) Foreign Certification.--A foreign certification under
this section shall authenticate a record or duplicate
described in subsection (b).
``(d) Notice.--
``(1) In general.--As soon as practicable after a
responsive pleading has been filed, a party intending to
offer in evidence under this section a foreign record of
regularly conducted activity shall provide written notice of
that intention to each other party.
``(2) Opposition.--A motion opposing admission in evidence
of a record under paragraph (1) shall be made by the opposing
party and determined by the court before trial. Failure by a
party to file such motion before trial shall constitute a
waiver of objection to such record, except that the court for
cause shown may grant relief from the waiver.''.
(b) Conforming Amendment.--The analysis for chapter 163 of
title 28, United States Code, is amended by adding at the end
the following:
``2468. Foreign records.''.
SEC. 113. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.
Section 1956(h) of title 18, United States Code, is
amended--
(1) by striking ``(h) Any person'' and inserting the
following:
``(h) Conspiracy; Multiple Violations.--
``(1) Conspiracy.--Any person''; and
(2) by adding at the end the following:
``(2) Multiple violations.--Any person who commits multiple
violations of this section or section 1957 that are part of
the same scheme or continuing course of conduct may be
charged, at the election of the Government, in a single count
in an indictment or information.''.
SEC. 114. VENUE IN MONEY LAUNDERING CASES.
Section 1956 of title 18, United States Code, is amended by
adding at the end the following:
``(i) Venue.--
``(1) In general.--Except as provided in paragraph (2), a
prosecution for an offense under this section or section 1957
may be brought in any district in which the financial or
monetary transaction is conducted, or in which a prosecution
for the underlying specified unlawful activity could be
brought.
``(2) Exception.--A prosecution for an attempt or
conspiracy offense under this section or section 1957 may be
brought in the district in which venue would lie for the
completed offense under paragraph (1), or in any other
district in which an act in furtherance of the attempt or
conspiracy took place.''.
[[Page S3929]]
SEC. 115. TECHNICAL AMENDMENT TO RESTORE WIRETAP AUTHORITY
FOR CERTAIN MONEY LAUNDERING OFFENSES.
Section 2516(1)(g) of title 18, United States Code, is
amended by striking ``of title 31, United States Code
(dealing with the reporting of currency transactions)'' and
inserting ``or 5324 of title 31 (dealing with the reporting
and illegal structuring of currency transactions)''.
TITLE II--DRUG TESTING AND INTERVENTION FOR INMATES AND PROBATIONERS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Combatting Drugs in
Prisons Act of 1998''.
SEC. 202. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER
THE VIOLENT OFFENDER INCARCERATION AND TRUTH-
IN-SENTENCING INCENTIVE GRANT PROGRAMS.
Section 20105(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13705(b)) is amended--
(1) by striking ``(b) To be eligible'' and inserting the
following:
``(b) Additional Requirements.--
``(1) Eligibility for a grant.--To be eligible'';
(2) by striking ``a State shall provide assurances'' and
inserting the following: ``a State shall--
``(A) provide assurances'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(B) not later than September 1, 1998, have established
and implemented, consistent with guidelines issued by the
Attorney General, a program of drug testing and intervention
for appropriate categories of convicted offenders during
periods of incarceration and criminal justice supervision,
with sanctions (including denial or revocation of release)
for positive drug tests.
``(2) Use of funds.--Notwithstanding section 20102, amounts
received by a State pursuant to section 20103 or section
20104 may be--
``(A) applied to the cost of offender drug testing and
appropriate intervention programs during periods of
incarceration and criminal justice supervision, consistent
with guidelines issued by the Attorney General;
``(B) used by a State to pay the costs of providing to the
Attorney General a baseline study, which shall be consistent
with guidelines issued by the Attorney General, on the prison
drug abuse problem in the State; and
``(C) used by a State to develop policies, practices, or
laws establishing, in accordance with guidelines issued by
the Attorney General, a system of sanctions and penalties to
address drug trafficking within and into correctional
facilities under the jurisdiction of the State.''.
SEC. 203. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS
TO PROVIDE FOR SERVICES DURING AND AFTER
INCARCERATION.
Section 1901 of part S of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ff) is amended by
adding at the end the following:
``(c) Additional Use of Funds.--Each State that
demonstrates that the State has established 1 or more
residential substance abuse treatment programs that meet the
requirements of this part may use amounts made available
under this part for drug treatment and to impose appropriate
sanctions for positive drug tests, both during incarceration
and after release.''.
____
Mr. DASCHLE. Mr. President, drug trafficking, money laundering and
drug use in prisons are significant problems that will continue to
worsen unless local, state and federal governments can work more
closely together to determine viable solutions. Drug trafficking and
money laundering can negatively affect our society in many different
ways, and the use of illegal drugs by prison inmates dramatically
deceases any chance they have of getting their lives back on track
after their release. Local, state and federal governments are already
hard at work to determine solutions to these corrosive problems, and I
am very pleased to join Senators Leahy, Cleland, Feinstein, and Kohl in
introducing The Money Laundering Enforcement and Combating Drugs in
Prison Act of 1998, which will provide state and federal governments
with additional tools to fight drug trafficking, money laundering and
drug use in prisons.
This legislation will complement the Administration's comprehensive
10-year National Drug Control Strategy by providing federal prosecutors
with additional means to seize assets linked to illegal criminal and
drug activity and prevent drug kingpins and others from engaging in
money laundering. Initiatives such as the Safe and Drug Free Schools
Act, and the Administration's highly effective radio and TV ads
currently airing in 12 pilot cities are sending the kind of anti-drug
messages that must reach our young people. The Money Laundering
Enforcement and Combating Drugs in Prison Act of 1998 adds to these
efforts by reducing the demand for drugs by allowing states to use
federal prison grant funds to test and treat drug-addicted inmates and
parolees.
This legislation will greatly enhance the efforts of prosecutors to
force international criminals out of hiding by reducing their ability
to shield themselves behind foreign banking laws or use other
procedural tricks. Moreover, the bill will ensure that defendants
arrested overseas will no longer be able to take advantage of U.S.
courts to fight against extradition to this country. It would allow
federal prosecutors to temporarily seize U.S. assets owned by
individuals arrested overseas and thus dramatically improve the ability
of law enforcement agencies to shut down drug trafficking operation
based outside the United States. Drug kingpins have little regard for
nation boundaries, and our nations laws must provide us with the
flexibility necessary to combat them.
Studies prove that an overwhelming majority of incarcerated
individuals have been heavily influenced by drugs or alcohol, and those
who are illegal drug or alcohol abusers are the most likely to be
repeat offenders. If we want to stem the increase in our nation's
prison population, we must determine which inmates are addicted to
drugs or alcohol, reduce the availability of drugs in prisons and
ensure inmates have access to the treatment they need while
incarcerated. This legislation will help states meet all these goals by
allowing them to use as much--or as little--of the federal prison funds
they receive for drug testing and intervention and to develop a
strategy to reduce drug trafficking in prisons.
State and federal governments are waging a battle against drug
kingpins, and the Money Laundering Enforcement and Combating Drugs in
Prison Act of 1998 will provide much-needed assistance to these ongoing
efforts. By enacting this bill, I believe we will make great strides
toward removing dangerous criminals and illegal drugs from our
neighborhoods. I urge my colleagues to join me in support of this
important legislation.
______