[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4695 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 4695
To enhance the ability of law enforcement to combat money laundering.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2000
Mr. McCollum (for himself and Mrs. Roukema) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committees on Banking and Financial Services, and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance the ability of law enforcement to combat money laundering.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Laundering Act of 2000''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Illegal money transmitting businesses.
Sec. 4. Long-arm jurisdiction over foreign money launderers.
Sec. 5. Laundering money through a foreign bank.
Sec. 6. Specified unlawful activity for money laundering.
Sec. 7. Criminal forfeiture for money laundering conspiracies.
Sec. 8. Subpoenas for bank records.
Sec. 9. Charging money laundering as a course of conduct.
Sec. 10. Venue in money laundering cases.
Sec. 11. Technical amendment to restore wiretap authority for certain
money laundering offenses.
Sec. 12. Knowledge that the property is the proceeds of a felony.
Sec. 13. Money purchased on the black market.
Sec. 14. Money laundering transaction; commingled accounts.
Sec. 15. Discovery procedure for locating laundered money.
Sec. 16. Repatriation of property placed beyond the jurisdiction of the
court.
Sec. 17. Laundering the proceeds of terrorism.
Sec. 18. Bulk cash smuggling.
Sec. 19. Currency couriers.
Sec. 20. Violations of section 60501.
Sec. 21. Proceeds of foreign crimes.
Sec. 22. Authorization to share recovered property with cooperating
foreign governments.
Sec. 23. In personam judgments.
Sec. 24. Criminal forfeiture of property in Government custody.
Sec. 25. Restraint of property subject to criminal forfeiture.
Sec. 26. Including agencies of tribal governments in the definition of
a financial institution.
Sec. 27. Transfer of reporting requirements from section 60501 of the
Internal Revenue Code of 1986 to title 31,
United States Code.
Sec. 28. Penalties for violations of geographic targeting orders and
certain record keeping requirements.
Sec. 29. Inadmissibility of aliens involved in money laundering.
Sec. 30. Miscellaneous minor amendments.
Sec. 31. Collection or criminal forfeiture judgment.
Sec. 32. Nonabatement of forfeiture when defendant dies pending appeal.
SEC. 3. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) Scienter Requirement for Section 1960 Violation.--Section 1960
of title 18, United States Code, is amended by adding at the end the
following:
``(c) For the purposes of proving a violation of this section
involving an illegal money transmitting business as defined in
subsection (b)(1)(A), 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, failed to comply with the money
transmitting business registration requirements of section 5330 of
title 31, United States Code or the regulations thereunder, or both. It
shall not be necessary to show that the defendant knew that the
operation of such a business without the required license or
registration was an offense punishable as a felony or misdemeanor.''.
(b) Seizure of Illegally Transmitted Funds.--Section 981(a)(1)(A)
of title 18, United States Code, is amended by striking ``or 1957'' and
inserting ``, 1957 or 1960''.
SEC. 4. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.
Section 1956(b) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B) respectively;
(3) by inserting ``, or section 1957'' after ``or (a)(3)'';
and
(4) by adding at the end the following:
``(2) For purposes of adjudicating an action filed or
enforcing a penalty ordered under this section, the district
courts 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 under the Federal Rules of Civil
Procedure or the laws of the country where the foreign person
is found.
``(3) 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. 5. 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 any
financial institution described in section 5312(a)(2) of title
31, United States Code, or the regulations promulgated
thereunder, as well as any foreign bank, as defined in
paragraph (7) of section 1(b) of the International Banking Act
of 1978 (12 U.S.C. 3101(7)).''.
SEC. 6. 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) so that clause (ii) reads as follows:
``(ii) any act or acts constituting a crime
of violence;''; and
(B) by inserting after the clause (iii) the
following:
``(iv) bribery of a public official, or the
misappropriation, theft, or embezzlement of
public funds by or for the benefit of a public
official;
``(v) 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
``(vi) 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 within 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(1) (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'';
(D) by inserting ``any felony violation of the
Foreign Agents Registration Act of 1938, as amended,''
before ``or any felony violation of the Foreign Corrupt
Practices Act''; and
(E) by striking ``fraud in the sale of securities''
and inserting ``fraud in the purchase or sale of
securities''.
(3) in paragraph (E), by inserting ``the Clean Air Act (42
U.S.C. 7401 et seq.), the Lacey Act (16 U.S.C. 3371-78,'' after
``the Safe Drinking Water Act (42 U.S.C. 300f et seq.),''.
(b) Burglary and Embezzlement.--Section 1961(1)(A) of title 18,
United States Code, is amended by inserting ``burglary, embezzlement''
after ``robbery,''.
SEC. 7. 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. 8. SUBPOENAS FOR BANK RECORDS.
Section 986 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``section 1956, 1957, or 1960 of
this title, section 5322 or 5324 of title 31, United
States Code'' and inserting ``section 981 or 982 of
this title'';
(B) by inserting ``before or'' before ``after'';
(C) by striking ``in rem''; and
(D) by striking the last sentence; and
(2) in subsection (c), by inserting ``or the Federal Rules
of Criminal Procedure'' after ``Procedure''.
SEC. 9. CHARGING MONEY LAUNDERING AS A COURSE OF CONDUCT.
Section 1956(h) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' before ``Any person''; and
(2) by adding at the end the following:
``(2) 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. 10. 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) Except as provided in paragraph (2), a
prosecution for an offense under this section or section 1957 may be
brought in--
``(A) any district in which the financial or monetary
transaction is conducted, or
``(B) any district where a prosecution for the underlying
specified unlawful activity could be brought, if the defendant
participated in the transfer of the proceeds of the specified
unlawful activity from that district to the district where the
financial or monetary transaction is conducted.
``(2) A prosecution for an attempt or conspiracy offense under this
section or section 1957 may be brought in the district where venue
would lie for the completed offense under paragraph (1), or in any
other district where an act in furtherance of the attempt or conspiracy
took place.''.
SEC. 11. 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 ``a violation of section 5322 of title 31, United States Code
(dealing with the reporting of currency transactions)'' and inserting
``a violation of section 5322 or 5324 of title 31, United States Code
(dealing with the reporting and illegal structuring of currency
transactions)''.
SEC. 12. KNOWLEDGE THAT THE PROPERTY IS THE PROCEEDS OF A FELONY.
Section 1956(c)(1) of title 18, United States Code, is amended by
inserting ``, and regardless of whether or not the person knew that the
activity constituted a felony'' before the semicolon at the end.
SEC. 13. MONEY PURCHASED ON THE BLACK MARKET.
(a) In General.--Section 981(a) of title 18, United States Code is
amended by adding at the end the following:
``(3) A person asserting an innocent owner defense under
section 983(d) to the forfeiture of currency, monetary
instruments or funds purchased or received from a money broker
must be a bona fide purchaser for value without reason to know
that the currency, monetary instruments or funds were subject
to forfeiture, and must establish that such person took all
reasonable affirmative steps to determine the source of the
currency, monetary instruments or funds, or to verify that the
currency, monetary instruments or funds were not derived from
illegal activity.
``(4) For purposes of paragraph (3)--
``(A) the term `money broker' means any person who
sells or exchanges currency, monetary instruments or
funds, either in the United States or in a foreign
country, either independently, or through any parallel
market, black market, casa de cambio, or other currency
exchange business;
``(B) a person receives money from a money broker
if the person provides goods or services to a customer
and receives payment for such goods or services from a money broker or
a person acting on behalf of a money broker; and
``(C) what constitutes `all reasonable affirmative
steps' depends on the facts and circumstances
surrounding the transaction, but if the money broker is
a financial institution, as defined in section 20 of
this title, the purchaser takes `all reasonable
affirmative steps' if the purchaser conducts the
transaction at the financial institution during normal
business hours in an arms-length transaction and has no
reason to know that the currency, monetary instruments,
or funds were derived from or used to commit any
unlawful activity.''.
(b) Application.--The amendments made by this section shall apply
to any case pending on the effective date of this Act.
SEC. 14. MONEY LAUNDERING TRANSACTION; COMMINGLED ACCOUNTS.
(a) Section 1956.--Section 1956 of title 18, United States Code, is
amended by adding at the end the following:
``(j) A transaction, transportation, transmission, or transfer of
funds shall be considered for the purposes of this section to be one
involving the proceeds of specified unlawful activity, or property
represented to be the proceeds of specified unlawful activity, if the
transaction, transportation, transmission, or transfer involves--
``(1) funds directly traceable to the specified unlawful
activity, or represented to be directly traceable to the
specified unlawful activity;
``(2) a bank account in which the proceeds of specified
unlawful activity, or property represented to be the proceeds
of specified unlawful activity, have been commingled with other
funds; or
``(3) 2 or more bank accounts, where the proceeds of
specified unlawful activity, or property represented to be the
proceeds of specified unlawful activity, are deposited into 1
bank account and there is a contemporaneous, related withdrawal
from, or debit to, another bank account controlled by the same
person, or by a person acting in concert with that person.''.
(b) Section 1957.--Section 1957(f) of title 18, United States Code,
is amended by inserting after paragraph (3) the following:
``(4) the term `monetary transaction in criminally derived
property that is of a value greater than $10,000' includes--
``(A) monetary transaction involving the transfer,
withdrawal, encumbrance or other disposition of more
than $10,000 from a bank account in which more than
$10,000 in proceeds of specified unlawful activity have
been commingled with other funds;
``(B) a series of monetary transactions in amounts
under $10,000 that exceed $10,000 in the aggregate and
that are closely related to each other in terms of
time, the identity of the parties involved, the nature
of the transactions and the manner in which they are
conducted; and
``(C) any financial transaction described in
section 1956(j)(3) that involves more than $10,000 in
proceeds of specified unlawful activity.''.
(c) Technical Amendments.--
(1) Section 1956(c)(7)(F) of title 18, United States Code,
is amended by inserting ``, as defined in section 24'' before
the period.
(2) Section 1957 of title 18, United States Code, is
amended--
(A) in subsection (a), by striking ``engages or
attempts to engage in'' and inserting ``conducts or
attempts to conduct'', and
(B) in subsection (f), by inserting the following
after paragraph (3):
``(4) the term `conducts' has the same meaning as it does
for purposes of section 1956 of this title.''
SEC. 15. DISCOVERY PROCEDURE FOR LOCATING LAUNDERED MONEY.
Section 413(m) of the Controlled Substances Act (21 U.S.C. 853(m))
is amended by inserting before the period at the end the following:
``to the extent that the provisions of the Rule are consistent with the
purposes for which discovery is conducted under this subsection.
Because this subsection applies only to matters occurring after the
defendant has been convicted and the property of the defendant has been
declared forfeited, the provisions of Rule 15 requiring the consent of
the defendant and the presence of the defendant at the deposition shall
not apply''.
SEC. 16. REPATRIATION OF PROPERTY PLACED BEYOND THE JURISDICTION OF THE
COURT.
(a) Criminal Forfeiture.--Section 413(p) of the Controlled
Substances Act (21 U.S.C. 853(p)) is amended by adding at the end the
following: ``In the case of property described in paragraph (3), the
court may, in addition, order the defendant to return the property to
the jurisdiction of the court so that it may be seized and
forfeited.''.
(b) Pre-Trial Restraining Order.--Section 413(e) of the Controlled
Substances Act (21 U.S.C. 853(e)) is amended by adding at the end the
following:
``(4) Pursuant to its authority to enter a pre-trial
restraining order under this section, including its authority
to restrain any property forfeitable as substitute assets, the
court may also order the defendant to repatriate any property
subject to forfeiture pending trial, and to deposit that
property in the registry of the court, or with the United
States Marshals Service or the Secretary of the Treasury, in an
interest-bearing account. Failure to comply with an order under
this subsection, or an order to repatriate property under
subsection (p), shall be punishable as a civil or criminal
contempt of court, and may also result in an enhancement of the
sentence for the offense giving rise to the forfeiture under
the obstruction of justice provision of section 3C1.1 of the
Federal Sentencing Guidelines.''.
SEC. 17. LAUNDERING THE PROCEEDS OF TERRORISM.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``or 2339B'' after ``2339A''.
SEC. 18. BULK CASH SMUGGLING.
(a) Enactment of Bulk Cash Smuggling Offense.--Chapter 53 of title
31, United States Code, is amended by adding at the end the following:
``Sec. 5331. Bulk cash smuggling
``(a) Criminal Offense.--Whoever, with the intent to evade a
currency reporting requirement under section 5316, knowingly conceals
more than $10,000 in currency or other monetary instruments on his
person or in any conveyance, article of luggage, merchandise, or other
container, and transports or transfers or attempts to transport or
transfer such currency or monetary instruments from a place within the
United States to a place outside of the United States, or from a place
outside the United States to a place within the United States, shall be
guilty of a currency smuggling offense and subject to punishment
pursuant to subsection (b). For purposes of this section, `monetary
instruments' has the meaning set forth in this chapter and the
regulations promulgated thereunder.
``(b) Penalty.--A person convicted of a currency smuggling offense
under subsection (a), or a conspiracy to commit such offense, shall be
fined under title 18 or imprisoned not more than 5 years, or both. If
the aggregate amount of currency or monetary instruments involved in an
offense under subsection (a) equals or exceeds $500,000, the maximum
term of imprisonment for the offense shall be 10 years. In addition,
the court, in imposing sentence, shall order that the defendant forfeit
to the United States, any property, real or personal, involved in the
offense, and any property traceable to such property, subject to
subsection (d) of this section. The forfeiture of property under this
section shall be governed by section 413 of the Controlled Substances
Act. If the property subject to forfeiture is unavailable, and the
defendant has no substitute property that may be forfeited pursuant to
section 413 of the Controlled Substances Act, the court shall enter a
personal money judgment against the defendant for the amount that would
be subject to forfeiture.
``(c) Seizure of Smuggling Cash.--Any property involved in a
violation of subsection (a), or a conspiracy to commit such violation,
and any property traceable thereto, may be seized and, subject to
subsection (d) of this section, forfeited to the United States. The
seizure and forfeiture shall be governed by the procedures governing
civil forfeitures in money laundering cases pursuant to section
981(a)(1)(A) of title 18, United States Code. For purposes of this
subsection and subsection (b), any currency or other monetary
instrument that is concealed or intended to be concealed in violation
of subsection (a) or a conspiracy to commit such violation, any
article, container, or conveyance used or intended to be used to
conceal or transport the currency or other monetary instrument, and any
other property used or intended to be used to facilitate the offense,
shall be considered property involved in the offense.
``(d) Proportionality of Forfeiture.--Upon a showing by the
property owner by a preponderance of the evidence that the currency or
monetary instruments involved in the offense giving rise to the
forfeiture were derived from a legitimate source, and were intended for
a lawful purpose, the court shall reduce the forfeiture to the maximum
amount that is not grossly disproportional to the gravity of the
offense. In determining the amount of the forfeiture, the court shall
consider all aggravating and mitigating facts and circumstances that
have a bearing on the gravity of the offense. Such circumstances
include, but are not limited to, the following: the value of the
currency or other monetary instruments involved in the offense; efforts
by the person committing the offense to structure currency
transactions, conceal property, or otherwise obstruct justice; and
whether the offense is part of a pattern of repeated violations of this
section or any other currency reporting money laundering offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of title 31, United States Code, is amended by adding at the
end the following new item:
``5331. Bulk cash smuggling.''.
(e) Currency Reporting Violations.--Section 5317(c) of title 31,
United States Code, is amended to read as follows:
``(c)(1) The court in imposing sentence for any violation of
section 5313, 5316, or 5324, or any conspiracy to commit such a
violation, shall order the defendant to forfeit all property, real or
personal, involved in the offense and any property traceable thereto.
Forfeitures under this paragraph shall be governed by the procedures
set forth in section 413 of the Controlled Substances Act (21 U.S.C.
853), and the guidelines set forth in paragraph (3).
``(2) Any property involved in a violation of section 5313, 5316,
or 5324, or any conspiracy to commit such violation, and any property
traceable thereto, may be seized and, subject to subsection (c)(3) of
this section, forfeited to the United States in accordance with the
procedures governing civil forfeitures in money laundering cases
pursuant to section 981(a)(1)(A) of title 18, United States Code.
``(3) Upon a showing by the property owner by a preponderance of
the evidence that any currency or monetary instruments involved in the
offense giving rise to the forfeiture were derived from a legitimate
source, and were intended for a lawful purpose, the court shall reduce
the forfeiture to the maximum amount that is not grossly
disproportional to the gravity of the offense. In determining the
amount of the forfeiture, the court shall consider all aggravating and
mitigating facts and circumstances that have a bearing on the gravity
of the offense. Such circumstances include, but are not limited to, the
following: the value of the currency or other monetary instruments
involved in the offense; efforts by the person committing the offense
to structure currency transactions, conceal property, or otherwise
obstruct justice; and whether the offense is part of a pattern of
repeated violations.''.
(f) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18,
United States Code, is amended by striking ``of section 5313(a) or
5324(a) of title 31, or''.
(2) Section 982(a)(1) of title 18, United States Code, is amended
by striking ``of section 5313(a), 5316, or 5324 of title 31, or''.
SEC. 19. CURRENCY COURIERS.
Section 1957 of title 18, United States Code, is amended by adding
the following new subsection at the end:
``(g) Any person who conceals more than $10,000 in currency in any
vehicle, or in any compartment or container within any vehicle, and
transport, attempts to transports, or conspires to transport such
currency in interstate commerce on any public road or highway, knowing
that the currency was derived from some form of unlawful activity, or
knowing that the currency was intended to be used to promote some form
of unlawful activity, shall be punished as provided in subsection (b).
The defendant's knowledge may be established by proof that the
defendant was willfully blind to the source or intended use of the
currency.''.
SEC. 20. VIOLATIONS OF SECTION 60501.
Sections 981(a)(1)(A) and 982(a)(1) of title 18, United States
Code, are amended by inserting ``, or of section 60501 of the Internal
Revenue Code of 1986 (26 U.S.C. 60501)'' after ``of title 31''.
SEC. 21. PROCEEDS OF FOREIGN CRIMES.
Section 981(a)(1)(B) of title 18, United States Code, is amended to
read as follows:
``(B) Any property, real or personal, within the
jurisdiction of the United States, constituting,
derived from, or traceable to, any process obtained
directly or indirectly from conduct constitutes an
offense against a foreign nation involving--
``(i) the manufacture, importation, sale,
or distribution of a controlled substance (as
such term is defined for the purposes of the
Controlled Substances Act); or
``(ii) any other conduct described in
section 1956(c)(7)(B), within whose
jurisdiction such offense would be punishable
by death or imprisonment for a term exceeding
one year and which would be punishable under
the laws of the United States by imprisonment
for a term exceeding one year if such conduct
constituting the offense against the foreign
nation had occurred within the jurisdiction of
the United States, or any property used to
facilitate such offense.''.
SEC. 22. AUTHORIZATION TO SHARE RECOVERED PROPERTY WITH COOPERATING
FOREIGN GOVERNMENTS.
(a) In General.--Section 981(i)(1) of title 18, United States Code,
is amended by striking ``this chapter'' and inserting ``any provision
of Federal law''.
(b) Conforming Amendment.--Section 511(e)(1) of the Controlled
Substances Act is amended--
(1) by inserting ``; or'' at the end of subparagraph (C);
(1) by striking ``; or'' at the end of subparagraph (D) and
inserting a period; and
(2) by striking subparagraph (E).
SEC. 23. IN PERSONAM JUDGMENTS.
Section 1963(l)(1) of title 18, United States Code, and section
413(n)(1) of the Controlled Substances Act (21 U.S.C. 853(n)(1)) are
each amended by adding the following sentence at the end: ``To the
extent that the order of forfeiture includes only an in personam money
judgment against the defendant, no proceeding under this subsection
shall be necessary.''.
SEC. 24. CRIMINAL FORFEITURE OF PROPERTY IN GOVERNMENT CUSTODY.
Section 413(f) of the Controlled Substances Act (21 U.S.C. 853(f))
is amended by adding at the end the following: ``If property subject to
criminal forfeiture under this section is already in the custody of the
United States or any agency thereof, it shall not be necessary to seize
or restrain the property for the purpose of criminal forfeiture.''.
SEC. 25. RESTRAINT OF PROPERTY SUBJECT TO CRIMINAL FORFEITURE.
Section 413(e)(1) of the Controlled Substances Act (21 U.S.C.
853(e)(1)) is amended by striking ``(a)'' and inserting ``(a) or (p)''.
SEC. 26. INCLUDING AGENCIES OF TRIBAL GOVERNMENTS IN THE DEFINITION OF
A FINANCIAL INSTITUTION.
Section 5312(a)(2)(W) of title 31, United States Code, is amended
by striking ``State or local'' and inserting ``State, local, or
tribal''.
SEC. 27. TRANSFER OF REPORTING REQUIREMENTS FROM SECTION 60501 OF THE
INTERNAL REVENUE CODE OF 1986 TO TITLE 31, UNITED STATES
CODE.
(a) Reenactment of Section 60501.--Subchapter II of chapter 53 of
title 31, United States Code, is amended by inserting after section
5331 the following new section:
``Sec. 5332. Reports relating to coins and currency received in
nonfinancial trade or business
``(a) Coin and Currency Receipts of More Than $10,000.--Any
person--
``(1) who is engaged in a trade or business; and
``(2) who, in the course of such trade or business,
receives more than $10,000 in coins or currency in 1
transaction (or 2 or more related transactions),
shall file a report described in subsection (b) with respect to such
transaction (or related transactions) at such time as the Secretary may
by regulations prescribe.
``(b) Form and Manner of Reports.--A report is described in this
subsection if such report--
``(1) is in such form as the Secretary may prescribe; and
``(2) contains--
``(A) the name, address, and taxpayer
identification number of the person from whom the coins
or currency was received;
``(B) the amount of coins or currency received;
``(C) the date and nature of the transaction; and
``(D) such other information as the Secretary may
prescribe.
``(c) Exceptions.--
``(1) Amounts received by financial institutions.--
Subsection (a) shall not apply to amounts received in a
transaction reported under section 5313 and regulations
prescribed under such section.
``(2) Transactions occurring outside the united states.--
Except to the extent provided in regulations prescribed by the
Secretary, subsection (a) shall not apply to any transaction if
the entire transaction occurs outside the United States.
``(d) Currency Includes Foreign Currency and Certain Monetary
Instruments.--
``(1) In general.--For purposes of this section, the term
`currency' includes--
``(A) foreign currency; and
``(B) to the extent provided in regulations
prescribed by the Secretary, any monetary instrument
(whether or not in bearer form) with a face amount of
not more than $10,000.
``(2) Scope of application.--Paragraph (1)(B) shall not
apply to any check drawn on the account of the writer in a
financial institution referred to in subparagraph (A), (B),
(C), (D), (E), (F), (G), (J), (K), (R), or (S) of section
5312(a)(2).
``(e) Coins or Currency Received by Criminal Court Clerks.--
``(1) In general.--Every clerk of a Federal or State
criminal court who receives more than $10,000 in coins or
currency as bail for any individual charged with a specified
criminal offense shall file a report described in paragraph (2)
(at such time as the Secretary may by regulations prescribe)
with respect to the receipt of such bail.
``(2) Report.--A report is described in this paragraph if
such report--
``(A) is in such form as the Secretary may
prescribe; and
``(B) contains--
``(i) the name, address, and taxpayer
identification number of--
``(I) the individual charged with
the specified criminal offense; and
``(II) each person posting the bail
(other than a person licensed as a bail
bondsman);
``(ii) the amount of coins or currency
received;
``(iii) the date the coins or currency was
received; and
``(iv) such other information as the
Secretary may prescribe.
``(3) Specified criminal offense.--For purposes of this
subsection, the term `specified criminal offense' means--
``(A) any Federal criminal offense involving a
controlled substance;
``(B) racketeering (as defined in section 1951,
1952, or 1955 of title 18, United States Code);
``(C) money laundering (as defined in section 1956,
1957, or 1960 of such title); and
``(D) any State criminal offense substantially
similar to an offense described in subparagraph (A),
(B), or (C).
``(4) Information to federal prosecutors.--Each clerk
required to include in a report under paragraph (1) the
information described in paragraph (2)(B) with respect to an
individual described in paragraph (2)(B)(i)(I) shall furnish
(at such time as the Secretary may by regulations prescribe) a
written statement showing such information to the United States
Attorney for the jurisdiction in which such individual resides
and the jurisdiction in which the specified criminal offense
occurred.
``(5) Information to payors of bail.--Each clerk required
to file a report under paragraph (1) shall furnish (at such
time as the Secretary may by regulations prescribe) to each
person whose name is required to be set forth in such report by
reason of paragraph (2)(B)(i)(II) a written statement showing--
``(A) the name and address of the clerk's office
required to file the report; and
``(B) the aggregate amount of coins and currency
described in paragraph (1) received by such clerk.''.
(b) Prohibition on Structuring Transactions.--
(1) In general.--Section 5324 of title 31, United States
Code, is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Domestic Coin and Currency Transactions Involving
Nonfinancial Trades or Businesses.--No person shall for the purpose of
evading the report requirements of section 5332 or any regulation
prescribed under such section--
``(1) cause or attempt to cause a nonfinancial trade or
business to fail to file a report required under section 5332
or any regulation prescribed under such section;
``(2) cause or attempt to cause a nonfinancial trade or
business to file a report required under section 5332 or any
regulation prescribed under such section that contains a
material omission or misstatement of fact; or
``(3) structure or assist in structuring, or attempt to
structure or assist in structuring, any transition with 1 or
more nonfinancial trades or businesses.''.
(2) Technical and conforming amendments.--
(A) The heading for subsection (a) of section 5324
of title 31, United States Code, is amended by
inserting ``Involving Financial Institutions'' after
``Transactions''.
(B) Section 5317(c) of title 31, United States
Code, is amended by striking ``5324(b)'' and inserting
``5324(c)''.
(c) Definition of Nonfinancial Trade or Business.--
(1) In general.--Section 5312(a) of title 31, United States
Code, is amended--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the Following
new paragraph:
``(4) Nonfinancial trade or business.--The term
`nonfinancial trade or business' means any trade or business
other than a financial institution that is subject to the
reporting requirements of section 5313 and regulations
prescribed under such section.''.
(2) Technical and conforming amendments.--
(A) Section 5312(c)(3)(C) of title 31, United
States Code, is amended by striking ``section 5316,''
and inserting ``sections 5332 and 5316,''.
(B) Subsections (a) through (f) of section 5318 of
title 31, United States Code, and sections 5321, 5326,
and 5328 of such title are each amended--
(i) by inserting ``or nonfinancial trade or
business'' after ``financial institution'' each
place such term appears; and
(ii) by inserting ``or nonfinancial trades
or businesses'' after ``financial
institutions'' each place such term appears.
(C) Section 981(a)(1)(A) of title 18, United States
Code, is amended by striking ``5313(a) or 5324(a) of
title 31,'' and inserting ``5313(a) or 5332 of title
31, or subsection (a) or (b) of section 5324 of such
title,''.
(D) Section 982(a)(1) of title 18, United States
Code, is amended by inserting ``5332,'' after
``5313(a),''.
(d) Repeal of Duplicate Provision.--Section 60501 of the Internal
Revenue Code of 1986 is repealed.
(e) Clerical Amendments.--
(1) Title 31.--The tables sections for chapter 53 of title
31, United States Code, is amended by inserting after the item
relating to section 5331 the following new item:
``5332. Reports relating to coins and currency received in nonfinancial
trade or business.''.
(2) Internal revenue code of 1986.--
(A) The table of sections for subpart B of part III
of subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by striking the item relating
to section 60501.
(B)(i) Subsection (l) of section 6103 of such Code
is amended by striking paragraph (15).
(ii) Subparagraph (A) of section 6103(p)(3) of such
Code is amended by striking ``(15),''.
(iii) Paragraph (4) of section 6103(p) of such Code
is amended by striking in the material preceding
subparagraph (A) ``(12)'' and all that follows through
``(16)'' and inserting ``(12), or (16)''.
(iv) Clause (ii) of section 6103(p)(4)(F) of such
Code is amended by striking ``(14), or (15)'' and
inserting ``or (14)''.
(C) Paragraph (2) of section 6721(e) of such Code
is amended--
(i) in subparagraph (A) by striking
``60501,'' and by adding ``or'' at the end;
(ii) by striking ``or'' at the end of
subparagraph (B) and inserting ``and''; and
(iii) by striking subparagraph (C).
(D) Subparagraph (B) of section 6724(d)(1) of such
Code is amended by striking clause (iv) and by
redesignating the succeeding clauses accordingly.
(E) Paragraph (2) of section 6724(d) of such Code
is amended by striking subparagraph (K) and by
redesignating the succeeding subparagraphs accordingly.
(F) Section 7203 of such Code is amended by
striking the last sentence.
(f) Regulations; Effective Date.--
(1) Regulations.--Regulations which the Secretary of the
Treasury determines are necessary to implement this section
shall be published in final form before the end of the 6-month
period beginning on the date of the enactment of this Act.
(2) Effective date.--The amendments made by this section
shall take effect at the end of the 6-month period beginning on
the date the regulations referred to in paragraph (1) are
published in final form in the Federal Register.
SEC. 28. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING ORDERS AND
CERTAIN RECORD KEEPING REQUIREMENTS.
(a) Civil Penalty for Violation of Targeting Order.--Section
5321(a)(1) of title 31, United States Code, is amended--
(1) by inserting ``or order issued'' after ``subchapter or
a regulation prescribed''; and
(2) by inserting ``, or willfully violating a regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91-508,'' after ``sections
5314 and 5315)''.
(b) Criminal Penalties for Violation of Targeting Order.--Section
5322 of title 31, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or order issued'' after
``willfully violating this subchapter or a regulation
prescribed''; and
(B) by inserting ``or willfully violating a
regulation prescribed under section 21 of the Federal
Deposit Insurance Act or section 123 of Public Law 91-
508,'' after ``under section 5315 or 5324),''; and
(2) in subsection (b)--
(A) by inserting ``or order issued'' after
``willfully violating this subchapter or a regulation
prescribed''; and
(B) by inserting ``willfully violating a regulation
prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law 91-508,''
after ``under section 5315 or 5324),''.
(c) Structuring Transactions To Evade Targeting Order or Certain
Record Keeping Requirements.--Section 5324(a) of title 31, United
States Code, is amended--
(1) by inserting a comma after ``shall'';
(2) by striking ``section--'' and inserting ``section, the
reporting requirements imposed by any order issued under
section 5326, or the record keeping requirements imposed by any
regulation prescribed under section 21 of the Federal Deposit
Insurance Act or section 123 of Public Law
91-508--''; and
(3) in paragraphs (1) and (2), by inserting ``, to file a
report required by any order issued under section 5326, or to
maintain a record required pursuant to any regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91-508'' after ``regulation
prescribed under any such section'' each place that term
appears.
(d) Increase in Civil Penalties for Violation of Certain Record
Keeping Requirements.--
(1) Federal deposit insurance act.--Section 21(j)(1) of the
Federal Deposit Insurance Act (12 U.S.C. 1829b(j)(1)) is
amended by striking ``$10,000'' and inserting ``the greater
of--
``(A) the amount (not to exceed $100,000) involved
in the transaction (if any) with respect to which the
violation occurred; or
``(B) $25,000''.
(2) Public law 91-508.--Section 125(a) of Public Law 91-508
(12 U.S.C. 1955(a)) is amended by striking ``$10,000'' and
inserting ``the greater of--
``(1) the amount (not to exceed $100,000) involved in the
transaction (if any) with respect to which the violation
occurred; or
``(2) $25,000''.
(e) Criminal Penalties for Violation of Certain Record Keeping
Requirements.--
(1) Section 126.--Section 126 of Public Law 91-508 (12
U.S.C. 1956) is amended to read as follows:
``SEC. 126. CRIMINAL PENALTY.
``A person that willfully violates this chapter, section 21 of the
Federal Deposit Insurance Act, or a regulation prescribed under this
chapter or that section 21, shall be fined not more than $250,000, or
imprisoned for not more than 5 years, or both.''.
(2) Section 127.--Section 127 of Public Law 91-508 (12
U.S.C. 1957) is amended to read as follows:
``SEC. 127. ADDITIONAL CRIMINAL PENALTY IN CERTAIN CASES.
``A person that willfully violates this chapter, section 21 of the
Federal Deposit Insurance Act, or a regulation prescribed under this
chapter or that section 21, while violating another law of the United
States or as part of a pattern of any illegal activity involving more
than $100,000 in a 12-month period, shall be fined not more than
$500,000, imprisoned for not more than 10 years, or both.''.
SEC. 29. INADMISSIBILITY OF ALIENS INVOLVED IN MONEY LAUNDERING.
Section 212(a)(2) of the Immigration and Nationality Act of 1952,
as amended (8 U.S.C. 1182(a)(2)), is amended by inserting after
subparagraph (G) new subparagraphs (H) and (I) to read as follows:
``(H) Money laundering activities.--Any alien who
the consular officer or the Attorney General knows or
has reason to believe--
``(i) is or has been engaged in activities
that constitute a violation of title 18, United
States Code, section 1956 or 1957, or if
engaged in within the United States would
constitute a violation of such section 1956 or
1957, or has been a knowing assister, abettor,
conspirator, or colluder with others in any
such illicit activity; or
``(ii)(I) is the spouse, son, or daughter
of an alien inadmissible under clause (i);
``(II) has, within the previous five years,
obtained any financial or other benefit from
such illicit activity of that alien; and
``(III) knew or reasonably should have
known that the financial or other benefit was
the product of such illicit activity,
is inadmissible.
``(I) Agency-requested waiver.--Upon request from a
Federal, State, or local law enforcement agency, the
Attorney General may, in the Attorney General's sole
and unreviewable discretion, waive the provisions of
subparagraph (H) in the case of an alien witness,
potential witness, a person cooperating with an
investigation into major criminal activity, or an
immediate family member or close associate of a
witness, potential witness, or person cooperating with
such an investigation, if the Attorney General
determines that the alien will not pose a danger to the
safety of persons or property.''.
SEC. 30. MISCELLANEOUS MINOR AMENDMENTS.
(a) Criminal Forfeiture.--Section 982(b) of title 18, United States
Code, is amended in subsection (b)(2), by striking ``The substitution''
and inserting ``With respect to a forfeiture under subsection (a)(1),
the substitution''.
(b) Definition of Financial Institution.--Section 5312(a)(2) of
title 31, United States Code, is amended by redesignating subparagraphs
(Y) and (Z) as (Z) and (AA), respectively, and by inserting the
following new subparagraph after subparagraph (X):
``(Y) a bail bondsman;''.
(c) Technical Amendment.--Section 981(d) of title 18 United States
Code, is amended by striking ``sale of this section'' and inserting
``sale of such property.''
(d) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18,
United States Code, is amended by striking ``or'' the first time it
appears and inserting ``, a subpoena issued pursuant to 28 U.S.C. 1782,
or''.
SEC. 31. COLLECTION OR CRIMINAL FORFEITURE JUDGMENT.
Section 413 of the Controlled Substances Act (21 U.S.C. 853) is
amended by adding the following subsection after subsection (q):
``(r) Collection of Criminal Forfeiture Judgment.--In addition to
the authority otherwise provided in this section, an order of
forfeiture may be enforced--
``(1) in the manner provided for the collection and payment
of fines in subchapter B of chapter 229 of title 18, United
States Code; or
``(2) in the same manner as a judgment in a civil
action.''.
SEC. 32. NONABATEMENT OF FORFEITURE WHEN DEFENDANT DIES PENDING APPEAL.
Section 413 of the Controlled Substances Act (21 U.S.C. 853) is
amended by adding at the end the following new subsection:
``(s) Nonabatement of Forfeiture Order.--An order of forfeiture
that has been made part of a criminal sentence under this section shall
not abate by reason of the death thereafter of any or all of the
defendants or petitioners or potential petitioners, regardless of any
appeal that may be pending at the time of death.''.
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