6 May 1998 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ------------------------------------------------------------------------- [Congressional Record: April 30, 1998 (Senate)] [Page S3919-S3940] From the Congressional Record Online via GPO Access [wais.access.gpo.gov] [DOCID:cr30ap98-157] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS [Excerpts] 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. ______