[Congressional Record Volume 144, Number 73 (Tuesday, June 9, 1998)]
[Senate]
[Pages S5782-S5783]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REPORT ENTITLED ``INTERNATIONAL CRIME CONTROL ACT OF 1998''--MESSAGE 
                       FROM THE PRESIDENT--PM 138

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on the Judiciary.

To the Congress of the United States:
  I am transmitting for immediate consideration and enactment the 
``International Crime Control Act of 1998'' (ICCA). The ICCA is one of 
the foremost initiatives highlighted in my Administration's 
International Crime Control Strategy, which I announced on May 12, 
1998. The proposed legislation would substantially improve the ability 
of U.S. law enforcement agencies to investigate and prosecute 
international criminals, seize their money and assets, intercept them 
at our borders, and prevent them from striking at our people and 
institutions.
  Advances in technology, the resurgence of democracy, and the lowering 
of global political and economic barriers have brought increased 
freedom and higher living standards to countries around the world, 
including our own. However, these changes have also provided new 
opportunities for international criminals trafficking in drugs, 
firearms, weapons of mass destruction, and human beings, and engaging 
in fraud, theft, extortion, and terrorism.
  In response to these formidable threats to the American people, I 
have directed the Departments of Justice, State, and the Treasury, as 
well as the

[[Page S5783]]

Federal law enforcement and intelligence communities, to intensify 
their ongoing efforts to combat international crime. In order to carry 
out this mandate most effectively, the many departments and agencies 
involved need the additional tools in the proposed ICCA that will 
enhance Federal law enforcement authority in several key areas, close 
gaps in existing laws, and facilitate global cooperation against 
international crime.
  The ICCA's provisions focus on seven essential areas to improve the 
Federal Government's ability to prevent, investigate, and punish 
international crimes and criminals:


  (1) investigating and punishing acts of violence committed against 
                            americans abroad

  --Broadens existing criminal law to authorize the investigation and 
    punishment of organized crime groups who commit serious criminal 
    acts against Americans abroad. (Current law generally requires a 
    link to terrorist activity.)
  --Provides jurisdiction in the United States over violent acts 
    committed abroad against State and local officials while in other 
    countries on official Federal business.


           (2) strengthening u.s. air, land, and sea borders

  --Increases penalties for smugglers who endanger Federal law 
    enforcement officials seeking to interdict their activities, 
    introducing the Federal criminal offense of ``portrunning'' (i.e., 
    evading border inspections, often through the use of force).
  --Addresses gaps in current law relating to maritime drug 
    interdiction operations, introducing the criminal offense of 
    failing to stop (``heave to'') a vessel at the direction of a Coast 
    Guard or other Federal law enforcement official seeking to board 
    that vessel.
  --Provides clear authority to search international, outbound letter-
    class mail if there is reasonable cause to suspect that the mail 
    contains monetary instruments, drugs, weapons of mass destruction, 
    or merchandise mailed in violation of several enumerated statutes 
    (including obscenity and export control laws).
  --Broadens the ability to prosecute criminals smuggling goods out of 
    the United States.


           (3) denying safe haven to international fugitives

  --Authorizes the extradition, in certain circumstances, of suspected 
    criminals to foreign nations in two separate cases not covered by a 
    treaty: (1) when the United States has an extradition treaty with 
    the nation, but the applicable treaty is an outdated ``list'' 
    treaty that does not cover the offense for which extradition is 
    sought; and (2) when the United States does not have an extradition 
    treaty with the requesting nation.
  --Provides for exclusion from the United States of drug traffickers 
    and their immediate family members and of persons who attempt to 
    enter the United States in order to avoid prosecution in another 
    country.


    (4) seizing and forfeiting the assets of international criminals

  --Expands the list of money laundering ``predicate crimes'' to 
    include certain violent crimes, international terrorism, and 
    bribery of public officials, thus increasing the availability of 
    money laundering enforcement tools.
  --Broadens the definition of ``financial institution'' to include 
    foreign banks, thereby closing a loophole involving criminally 
    derived funds laundered through foreign banks doing business here.
  --Provides new tools to crack down on businesses illegally 
    transmitting money, and to investigate money laundering under the 
    Bank Secrecy Act.
  --Toughens penalties for violations of the International Emergency 
    Economic Powers Act.
  --Criminalizes attempted violations of the Trading With the Enemy 
    Act.


        (5) Responding to Emerging International Crime Problems

  --Enhances enforcement tools for combating arms trafficking, 
    including requiring ``instant checks'' of the criminal history of 
    those acquiring explosive materials from Federal licensees and 
    clarifying Federal authority to conduct undercover transactions 
    subject to the Arms Export Control Act for investigative purposes.
  --Addresses the increasing problem of alien smuggling by authorizing 
    the forfeiture of the proceeds and all instrumentalities of alien 
    smuggling.
  --Cracks down on the international shipment of ``precursor 
    chemicals'' used to manufacture illicit drugs, primarily by 
    authorizing the Drug Enforcement Administration to require 
    additional ``end-use'' verification.
  --Provides extraterritorial jurisdiction for fraud involving credit 
    cards and other ``access devices,'' which cost U.S. businesses 
    hundreds of millions of dollars every year.
  --Authorizes wiretapping for investigations of felony computer crime 
    offenses.


                    (6) Promoting Global Cooperation

  --Expands the authority of U.S. law enforcement agencies to share the 
    seized assets of international criminals with foreign law 
    enforcement agencies.
  --Provides new authority, applicable in cases where there is no 
    mutual legal assistance treaty provision, to transfer a person in 
    United States Government custody to a requesting country 
    temporarily for purposes of a criminal proceeding.


  (7) Streamlining the Investigation and Prosecution of International 
                          Crime in U.S. Courts

  --Authorizes the Attorney General to use funds to defray translation, 
    transportation, and other costs of State and local law enforcement 
    agencies in cases involving fugitives or evidence overseas.
  --Facilitates the admission into evidence in U.S. court proceedings 
    of certain foreign government records.

  The details of this proposal are described in the enclosed section-
by-section analysis. I urge the prompt and favorable consideration of 
this legislative proposal by the Congress.
                                                  William J. Clinton.  
  The White House, June 9, 1998.

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