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September 11, 2001 : Attack on America
House Report 107 250 Part 1 - Financial Anti-Terrorism Act 2001; October 17, 2001


                                  99 006                                 

                            107 th Congress                             

                             Rept.  107 250                             

                                                                            

                                                                             

                        HOUSE OF REPRESENTATIVES                        

                               1st Session                              

                                 Part 1                                 

                                                                        



                         FINANCIAL ANTI-TERRORISM ACT OF 2001                  



                                                                         

                 October  17, 2001.--Ordered to be printed               

                                                                         

   Mr. Oxley, from the Committee on Financial Services, submitted the    
                               following                                 
                               R E P O R T                               

                              together with                              

                             DISSENTING VIEWS                            

                         [To accompany H.R. 3004]                        

       [Including cost estimate of the Congressional Budget Office]      


     The Committee on Financial Services, to whom was referred the bill   
  (H.R. 3004) to combat the financing of terrorism and other financial    
  crimes, and for other purposes, having considered the same, report      
  favorably thereon with an amendment and recommend that the bill as      
  amended do pass.                                                        

                               CONTENTS                                 
         Amendment                                                        2
         Purpose and Summary                                              33
         Background and Need for Legislation                              34
         Hearings                                                         40
         Committee Consideration                                          40
         Committee Votes                                                  40
         Committee Oversight Findings                                     44
         Performance Goals and Objectives                                 45
         New Budget Authority, Entitlement Authority, and Tax Expenditures45
         Committee Cost Estimate                                          45
         Congressional Budget Office Estimate                             45
         Federal Mandates Statement                                       49
         Advisory Committee Statement                                     49
         Constitutional Authority Statement                               50
         Applicability to Legislative Branch                              50
         Exchange of Committee Correspondence                             50
         Section-by-Section Analysis of the Legislation                   52
         Changes in Existing Law Made by the Bill, as Reported            76
         Dissenting Views                                                 121


                                         AMENDMENT                                

   The amendment is as follows:                                           

   Strike all after the enacting clause and insert the following:         



          SECTION 1. SHORT TITLE; TABLE OF CONTENTS.                              

     (a) Short Title.--This Act may be cited as the ``Financial           
  Anti-Terrorism Act of 2001''.                                           
     (b) Table of Contents.--The table of contents for this Act is as     
  follows:                                                                

      Sec. 1. Short title; table of contents.                                 

                           TITLE I--STRENGTHENING LAW ENFORCEMENT                 

      Sec. 101. Bulk cash smuggling into or out of the United States.         

      Sec. 102. Forfeiture in currency reporting cases.                       

      Sec. 103. Interstate currency couriers.                                 

      Sec. 104. Illegal money transmitting businesses.                        

      Sec. 105. Long-arm jurisdiction over foreign money launderers.          

      Sec. 106. Laundering money through a foreign bank.                      

      Sec. 107. Specified unlawful activity for money laundering.             

      Sec. 108. Laundering the proceeds of terrorism.                         

            Sec. 109. Violations of reporting requirements for nonfinancial   
      trades and business.                                                    
      Sec. 110. Proceeds of foreign crimes.                                   

            Sec. 111. Availability of reports relating to coins and currency  
      received in nonfinancial trade or business.                             
            Sec. 112. Penalties for violations of geographic targeting orders 
      and certain record keeping requirements.                                
      Sec. 113. Exclusion of aliens involved in money laundering.             

            Sec. 114. Standing to contest forfeiture of funds deposited into  
      foreign bank that has a correspondent account in the United States.     
            Sec. 115. Subpoenas for records regarding funds in correspondent  
      bank accounts.                                                          
            Sec. 116. Authority to order convicted criminal to return property
      located abroad.                                                         
      Sec. 117. Corporation represented by a fugitive.                        

      Sec. 118. Enforcement of foreign judgments.                             

            Sec. 119. Reporting provisions and anti-terrorist activities of   
      United States intelligence agencies.                                    
      Sec. 120. Financial Crimes Enforcement Network.                         

      Sec. 121. Customs Service border searches.                              

            Sec. 122. Prohibition on false statements to financial            
      institutions concerning the identity of a customer.                     
      Sec. 123. Verification of identification.                               

      Sec. 124. Consideration of anti-money laundering record.                

            Sec. 125. Reporting of suspicious activities by informal          
      underground banking systems, such as hawalas.                           
                            TITLE II--PUBLIC-PRIVATE COOPERATION                  

      Sec. 201. Establishment of highly secure network.                       

      Sec. 202. Report on improvements in data access and other issues.       

            Sec. 203. Reports to the financial services industry on suspicious
      financial activities.                                                   
      Sec. 204. Efficient use of currency transaction report system.          

      Sec. 205. Public-private task force on terrorist financing issues.      

      Sec. 206. Suspicious activity reporting requirements.                   

      Sec. 207. Amendments relating to reporting of suspicious activities.    

            Sec. 208. Authorization to include suspicions of illegal activity 
      in written employment references.                                       
            Sec. 209. International cooperation on identification of          
      originators of wire transfers.                                          
      Sec. 210. Check truncation study.                                       

                    TITLE III--COMBATTING INTERNATIONAL MONEY LAUNDERING          

            Sec. 301. Special measures for jurisdictions, financial           
      institutions, or international transactions of primary money laundering 
      concern.                                                                
            Sec. 302. Special due diligence for correspondent accounts and    
      private banking accounts.                                               
            Sec. 303. Prohibition on United States correspondent accounts with
      foreign shell banks.                                                    
      Sec. 304. Anti-money laundering programs.                               

      Sec. 305. Concentration accounts at financial institutions.             

            Sec. 306. International cooperation in investigations of money    
      laundering, financial crimes, and the finances of terrorist groups.     
            Sec. 307. Prohibition on acceptance of any bank instrument for    
      unlawful Internet gambling.                                             
      Sec. 308. Internet gambling in or through foreign jurisdictions.        

                               TITLE IV--CURRENCY PROTECTION                      

      Sec. 401. Counterfeiting domestic currency and obligations.             

      Sec. 402. Counterfeiting foreign currency and obligations.              

      Sec. 403. Production of documents.                                      

      Sec. 404. Reimbursement.                                                


           TITLE I--STRENGTHENING LAW ENFORCEMENT                                  

          SEC. 101. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.         

   (a)  Findings.--The Congress finds the following:                      

       (1) Effective enforcement of the currency reporting requirements of 
   subchapter II of chapter 53 of title 31, United States Code, and the    
   regulations prescribed under such subchapter, has forced drug dealers   
   and other criminals engaged in cash-based businesses to avoid using     
   traditional financial institutions.                                     
       (2) In their effort to avoid using traditional financial            
   institutions, drug dealers and other criminals are forced to move large 
   quantities of currency in bulk form to and through the airports, border 
   crossings, and other ports of entry where the currency can be smuggled  
   out of the United States and placed in a foreign financial institution  
   or sold on the black market.                                            
       (3) The transportation and smuggling of cash in bulk form may now be
   the most common form of money laundering, and the movement of large sums
   of cash is one of the most reliable warning signs of drug trafficking,  
   terrorism, money laundering, racketeering, tax evasion and similar      
   crimes.                                                                 
       (4) The intentional transportation into or out of the United States 
   of large amounts of currency or monetary instruments, in a manner       
   designed to circumvent the mandatory reporting provisions of subchapter 
   II of chapter 53 of title 31, United States Code,, is the equivalent of,
   and creates the same harm as, the smuggling of goods.                   
       (5) The arrest and prosecution of bulk cash smugglers are important 
   parts of law enforcement's effort to stop the laundering of criminal    
   proceeds, but the couriers who attempt to smuggle the cash out of the   
   United States are typically low-level employees of large criminal       
   organizations, and thus are easily replaced. Accordingly, only the      
   confiscation of the smuggled bulk cash can effectively break the cycle  
   of criminal activity of which the laundering of the bulk cash is a      
   critical part.                                                          
       (6) The current penalties for violations of the currency reporting  
   requirements are insufficient to provide a deterrent to the laundering  
   of criminal proceeds. In particular, in cases where the only criminal   
   violation under current law is a reporting offense, the law does not    
   adequately provide for the confiscation of smuggled currency. In        
   contrast, if the smuggling of bulk cash were itself an offense, the cash
   could be confiscated as the corpus delicti of the smuggling offense.    
   (b)  Purposes.--The purposes of this section are--                     

    (1) to make the act of smuggling bulk cash itself a criminal offense;  

       (2) to authorize forfeiture of any cash or instruments of the       
   smuggling offense;                                                      
    (3) to emphasize the seriousness of the act of bulk cash smuggling; and

       (4) to prescribe guidelines for determining the amount of property  
   subject to such forfeiture in various situations.                       
     (c) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of      
  chapter 53 of title 31, United States Code, is amended by adding at the 
  end the following:                                                      
          ``5331. Bulk cash smuggling into or out of the United States            

   ``(a)  Criminal Offense.--                                             

       ``(1) In general.--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 the person of such 
   individual 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).                                             
       ``(2) Concealment on person.--For purposes of this section, the     
   concealment of currency on the person of any individual includes        
   concealment in any article of clothing worn by the individual or in any 
   luggage, backpack, or other container worn or carried by such           
   individual.                                                             
   ``(b)  Penalty.--                                                      

       ``(1) Term of imprisonment.--A person convicted of a currency       
   smuggling offense under subsection (a), or a conspiracy to commit such  
   offense, shall be imprisoned for not more than 5 years.                 
       ``(2) Forfeiture.--In addition, the court, in imposing sentence     
   under paragraph (1), 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.                                                                

       ``(3) Procedure.--The seizure, restraint, and forfeiture of property
   under this section shall be governed by section 413 of the Controlled   
   Substances Act.                                                         
       ``(4) Personal money judgment.--If the property subject to          
   forfeiture under paragraph (2) is unavailable, and the defendant has    
   insufficient substitute property that may be forfeited pursuant to      
   section 413(p) 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)  Civil Forfeiture.--                                             

       ``(1) In general.--Any property involved in a violation of          
   subsection (a), or a conspiracy to commit such violation, and any       
   property traceable to such violation or conspiracy, may be seized and,  
   subject to subsection (d) of this section, forfeited to the United      
   States.                                                                 
       ``(2) Procedure.--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.       
       ``(3) Treatment of certain property as involved in the offense.--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.--                                

       ``(1) In general.--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.                          
       ``(2) Factors to be considered.--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, including the following:                                       
       ``(A) The value of the currency or other monetary instruments       
   involved in the offense.                                                
       ``(B) Efforts by the person committing the offense to structure     
   currency transactions, conceal property, or otherwise obstruct justice. 
       ``(C) Whether the offense is part of a pattern of repeated          
   violations of Federal law.''.                                           
     (c) Clerical Amendment.--The table of sections for subchapter II of  
  chapter 53 of title 31, United States Code, is amended by inserting     
  after the item relating to section 5330, the following new item:        


      ``5331. Bulk cash smuggling into or out of the United States.''.        



          SEC. 102. FORFEITURE IN CURRENCY REPORTING CASES.                       

     (a) In General.--Subsection (c) of section 5317 of title 31, United  
  States Code, is amended to read as follows:                             
   ``(c)  Forfeiture.--                                                   

       ``(1) In general.--The court in imposing sentence for any violation 
   of section 5313, 5316, or 5324 of this title, or section 6050I of the   
   Internal Revenue Code of 1986, or any conspiracy to commit such         
   violation, shall order the defendant to forfeit all property, real or   
   personal, involved in the offense and any property traceable thereto.   
       ``(2) Procedure.--Forfeitures under this subsection shall be        
   governed by the procedures established in section 413 of the Controlled 
   Substances Act and the guidelines established in paragraph (4).         
       ``(3) Civil forfeiture.--Any property involved in a violation of    
   section 5313, 5316, or 5324 of this title, or section 6050I of the      
   Internal Revenue Code of 1986, or any conspiracy to commit any such     
   violation, and any property traceable to any such violation or          
   conspiracy, may be seized and, subject to paragraph (4), 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.                                        
    ``(4)  Proportionality of forfeiture.--                                

       ``(A) In general.--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.                          
       ``(B) Factors to be considered.--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, including the following:                                       
       ``(i) The value of the currency or other monetary instruments       
   involved in the offense.                                                
       ``(ii) Efforts by the person committing the offense to structure    
   currency transactions, conceal property, or otherwise obstruct justice. 
       ``(iii) Whether the offense is part of a pattern of repeated        
   violations of Federal law.''.                                           
     (b) 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. 103. INTERSTATE CURRENCY COURIERS.                                 

     Section 1957 of title 18, United States Code, is amended by adding at
  the end the following new subsection:                                   
     ``(g) Any person who conceals more than $10,000 in currency on his or
  her person, in any vehicle, in any compartment or container within any  
  vehicle, or in any container placed in a common carrier, and transports,
  attempts to transport, or conspires to transport such currency in       
  interstate commerce on any public road or highway or on any bus, train, 
  airplane, vessel, or other common carrier, 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. For      
  purposes of this subsection, the concealment of currency on the person  
  of any individual includes concealment in any article of clothing worn  
  by the individual or in any luggage, backpack, or other container worn  
  or carried by such individual.''.                                       
          SEC. 104. ILLEGAL MONEY TRANSMITTING BUSINESSES.                        

     (a) Scienter Requirement for Section 1960 Violation.--Section 1960 of
  title 18, United States Code, is amended to read as follows:            

          ``1960. Prohibition of unlicensed money transmitting businesses         

     ``(a) Whoever knowingly conducts, controls, manages, supervises,     
  directs, or owns all or part of an unlicensed money transmitting        
  business, shall be fined in accordance with this title or imprisoned not
  more than 5 years, or both.                                             
   ``(b) As used in this section--                                        

       ``(1) the term `unlicensed money transmitting business' means a     
   money transmitting business which affects interstate or foreign commerce
   in any manner or degree and--                                           
       ``(A) is operated without an appropriate money transmitting license 
   in a State where such operation is punishable as a misdemeanor or a     
   felony under State law, whether or not the defendant knew that the      
   operation was required to be licensed or that the operation was so      
   punishable;                                                             
       ``(B) fails to comply with the money transmitting business          
   registration requirements under section 5330 of title 31, United States 
   Code, or regulations prescribed under such section; or                  
       ``(C) otherwise involves the transportation or transmission of funds
   that are known to the defendant to have been derived from a criminal    
   offense or are intended to be used to be used to promote or support     
   unlawful activity;                                                      
       ``(2) the term `money transmitting' includes transferring funds on  
   behalf of the public by any and all means including but not limited to  
   transfers within this country or to locations abroad by wire, check,    
   draft, facsimile, or courier; and                                       
       ``(3) the term `State' means any State of the United States, the    
   District of Columbia, the Northern Mariana Islands, and any             
   commonwealth, territory, or possession of the United States.''.         
     (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''.                                           
     (c) Clerical Amendment.--The table of sections for chapter 95 of     
  title 18, United States Code, is amended in the item relating to section
  1960 by striking ``illegal'' and inserting ``unlicensed''.              
          SEC. 105. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.          

   Section 1956(b) of title 18, United States Code, is amended--          

    (1) by striking ``(b) Whoever'' and inserting ``(b)(1) Whoever'';      

       (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
   (B), respectively;                                                      
       (3) by striking ``subsection (a)(1) or (a)(3),'' and inserting      
   ``subsection (a)(1) or (a)(2) or section 1957,''; and                   
    (4) by adding at the end the following new paragraphs:                 

     ``(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, against whom
  the action is brought, if--                                             
       ``(A) 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; and                                            
    ``(B) the foreign person--                                             

       ``(i) commits an offense under subsection (a) involving a financial 
   transaction that occurs in whole or in part in the United States;       
       ``(ii) converts to such person's own use property in which the      
   United States has an ownership interest by virtue of the entry of an    
   order of forfeiture by a court of the United States; or                 
       ``(iii) is a financial institution that maintains a correspondent   
   bank account at a financial institution in the United States.           
     ``(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. 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 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. 107. SPECIFIED UNLAWFUL ACTIVITY FOR MONEY LAUNDERING.             

   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 new clause:    

       ``(ii) any act or acts constituting a crime of violence, as defined 
   in section 16 of this title;''; and                                     
    (B) by inserting after clause (iii) the following new clauses:         

       ``(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 bilateral 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;''; and                              
    (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(n) (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''.                        

          SEC. 108. 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. 109. VIOLATIONS OF REPORTING REQUIREMENTS FOR            
          NONFINANCIAL TRADES AND BUSINESS.                                       
     (a) Civil Forfeiture.--Section 981(a)(1)(A) of title 18, United      
  States Code, is amended by inserting ``section 6050I of the Internal    
  Revenue Code of 1986, or'' before ``section 1956''.                     
     (b) Criminal Forfeiture.--Section 982(a)(1) of title 18, United      
  States Code, is amended by inserting ``section 6050I of the Internal    
  Revenue Code of 1986, or'' before ``section 1956''.                     
          SEC. 110. 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 proceeds
   obtained directly or indirectly from an offense against a foreign       
   nation, or any property used to facilitate such offense, if--           
       ``(i) the offense involves the manufacture, importation, sale, or   
   distribution of a controlled substance (as such term is defined for the 
   purposes of the Controlled Substances Act), or any other conduct        
   described in section 1956(c)(7)(B),                                     
       ``(ii) the offense would be punishable within the jurisdiction of   
   the foreign nation by death or imprisonment for a term exceeding one    
   year, and                                                               
       ``(iii) the offense would be punishable under the laws of the United
   States by imprisonment for a term exceeding one year if the act or      
   activity constituting the offense had occurred within the jurisdiction  
   of the United States.''.                                                
                    SEC. 111. AVAILABILITY OF REPORTS RELATING TO COINS AND       
          CURRENCY RECEIVED IN NONFINANCIAL TRADE OR BUSINESS.                    
     (a) Action Required.--Before the end of the 6-month period beginning 
  on the date of the enactment of this Act, the Secretary of the Treasury 
  shall take such action and establish such procedures as may be necessary
  and appropriate to make the information contained on returns filed under
  section 6050I of the Internal Revenue Code of 1986 available through the
  Financial Crimes Enforcement Network to government agencies in          
  accordance with subsections (l)(15) and (p)(4) of section 6103 of such  
  Code and other applicable laws.                                         
     (b) Report.--The Secretary of the Treasury shall submit a report to  
  the Congress within 15 days after the end of the 6-month period         
  described in subsection (a) containing a description of the actions of  
  the Secretary pursuant to such subsection, together with such           
  recommendations for legislative and administrative action as the        
  Secretary may determine to be appropriate to achieve the goal described 
  in such subsection.                                                     
                    SEC. 112. 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)'';             
    (2) in subsection (b)--                                                

       (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),'';            
     (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. 113. EXCLUSION OF ALIENS INVOLVED IN MONEY LAUNDERING.             

     (a) In General.--Section 212 of the Immigration and Nationality Act, 
  as amended (8 U.S.C. 1182), is amended in subsection (a)(2)--           
       (1) by redesignating subparagraphs (D), (E), (F), (G), and (H) as   
   subparagraphs (E), (F), (G), (H), and (I), respectively; and            
       (2) by inserting after subparagraph (C) the following new           
   subparagraph (D):                                                       
    ``(D)  Money laundering activities.--                                  

       ``(i) In general.--Any alien who the consular officer or the        
   Attorney General knows or has reason to believe is or has been engaged  
   in activities which if engaged in within the United States would        
   constitute a violation of the money laundering provisions section 1956, 
   1957, or 1960 of title 18, United States Code, or has knowingly         
   assisted, abetted, or conspired or colluded with others in any such     
   illicit activity is inadmissible.                                       
       ``(ii) Related individuals.--Any alien who the consular officer or  
   the Attorney General knows or has reason to believe is the spouse, son, 
   or daughter of an alien inadmissible under clause (i), has, within the  
   previous 5 years, obtained any financial or other benefit from such     
   illicit activity of that alien, and knew or reasonably should have known
   that the financial or other benefit was the product of such illicit     
   activity, is inadmissible, except that the Attorney General may, in the 
   full discretion of the Attorney General, waive the exclusion of the     
   spouse, son, or daughter of an alien under this clause if the Attorney  
   General determines that exceptional circumstances exist that justify    
   such waiver.''.                                                         
     (b) Conforming amendment.--Section 212(h)(1)(A)(i) of the Immigration
  and Nationality Act, as amended (8 U.S.C. 1182), is amended by striking 
  ``(D)(i) or (D)(ii)'' and inserting ``(E)(i) or (E)(ii)''.              
                    SEC. 114. STANDING TO CONTEST FORFEITURE OF FUNDS DEPOSITED   
          INTO FOREIGN BANK THAT HAS A CORRESPONDENT ACCOUNT IN THE UNITED STATES.
     Section 981 of title 18, United States Code, is amended by adding the
  following after the last subsection:                                    
   ``(k)  Correspondent Bank Accounts.--                                  

       ``(1) Treatment of accounts of correspondent bank in domestic       
   financial institutions.--                                               
       ``(A) In general.--For the purpose of a forfeiture under this       
   section or under the Controlled Substances Act, if funds are deposited  
   into a dollar-denominated bank account in a foreign financial           
   institution, and that foreign financial institution has a correspondent 
   account with a financial institution in the United States, the funds    
   deposited into the foreign financial institution (the respondent bank)  
   shall be deemed to have been deposited into the correspondent account in
   the United States, and any restraining order, seizure warrant, or arrest
   warrant in rem regarding such funds may be served on the correspondent  
   bank, and funds in the correspondent account up to the value of the     
   funds deposited into the dollar-denominated account in the foreign      
   financial institution may be seized, arrested or restrained.            
       ``(B) Authority to suspend.--The Attorney General, in consultation  
   with the Secretary, may suspend or terminate a forfeiture under this    
   section if the Attorney General determines that a conflict of law exists
   between the laws of the jurisdiction in which the foreign bank is       
   located and the laws of the United States with respect to liabilities   
   arising from the restraint, seizure, or arrest of such funds, and that  
   such suspension or termination would be in the interest of justice and  
   would not harm the national interests of the United States.             
       ``(2) No requirement for government to trace funds.--If a forfeiture
   action is brought against funds that are restrained, seized, or arrested
   under paragraph (1), the Government shall not be required to establish  
   that such funds are directly traceable to the funds that were deposited 
   into the respondent bank, nor shall it be necessary for the Government  
   to rely on the application of Section 984 of this title.                
       ``(3) Claims brought by owner of the funds.--If a forfeiture action 
   is instituted against funds seized, arrested, or restrained under       
   paragraph (1), the owner of the funds may contest the forfeiture by     
   filing a claim pursuant to section 983.                                 
       ``(4) Definitions.--For purposes of this subsection, the following  
   definitions shall apply:                                                
       ``(A) Correspondent account.--The term `correspondent account' has  
   the meaning given to the term `interbank account' in section            
   984(c)(2)(B).                                                           
    ``(B)  Owner.--                                                        

       ``(i) In general.--Except as provided in clause (ii), the term      
   `owner'--                                                               
         ``(I) means the person who was the owner, as that term is defined  
    in section 983(d)(6), of the funds that were deposited into the foreign 
    bank at the time such funds were deposited; and                         
         ``(II) does not include either the foreign bank or any financial   
    institution acting as an intermediary in the transfer of the funds into 
    the interbank account.                                                  
       ``(ii) Exception.--The foreign bank may be considered the `owner' of
   the funds (and no other person shall qualify as the owner of such funds)
   only if--                                                               
         ``(I) the basis for the forfeiture action is wrongdoing committed  
    by the foreign bank; or                                                 
         ``(II) the foreign bank establishes, by a preponderance of the     
    evidence, that prior to the restraint, seizure, or arrest of the funds, 
    the foreign bank had discharged all or part of its obligation to the    
    prior owner of the funds, in which case the foreign bank shall be deemed
    the owner of the funds to the extent of such discharged obligation.''.  
                    SEC. 115. SUBPOENAS FOR RECORDS REGARDING FUNDS IN            
          CORRESPONDENT BANK ACCOUNTS.                                            
     (a) In General.--Subchapter II of chapter 53 of title 31, United     
  States Code, is amended by inserting after section 5331 (as added by    
  section 101) the following new section:                                 
          ``5332. Subpoenas for records                                           

     ``(a) Designation by Foreign Financial Institution of Agent.--Any    
  foreign financial institution that has a correspondent bank account at a
  financial institution in the United States shall designate a person     
  residing in the United States as a person authorized to accept a        
  subpoena for bank records or other legal process served on the foreign  
  financial institution.                                                  
   ``(b)  Maintenance of Records by Domestic Financial Institution.--     

       ``(1) In general.--Any domestic financial institution that maintains
   a correspondent bank account for a foreign financial institution shall  
   maintain records regarding the names and addresses of the owners of the 
   foreign financial institution, and the name and address of the person   
   who may be served with a subpoena for records regarding any funds       
   transferred to or from the correspondent account.                       
       ``(2) Provision to law enforcement agency.--A domestic financial    
   institution shall provide names and addresses maintained under paragraph
   (1) to a Government authority (as defined in section 1101(3) of the     
   Right to Financial Privacy Act of 1978) within 7 days of the receipt of 
   a request, in writing, for such records.                                
   ``(c)  Administrative Subpoena.--                                      

       ``(1) In general.--The Attorney General and the Secretary of the    
   Treasury may each issue an administrative subpoena for records relating 
   to the deposit of any funds into a dollar-denominated account in a      
   foreign financial institution that maintains a correspondent account at 
   a domestic financial institution.                                       
       ``(2) Manner of issuance.--Any subpoena issued by the Attorney      
   General or the Secretary of the Treasury under paragraph (1) shall be   
   issued in the manner described in section 3486 of this title, and may be
   served on the representative designated by the foreign financial        
   institution pursuant to subsection (a) to accept legal process in the   
   United States, or in a foreign country pursuant to any mutual legal     
   assistance treaty, multilateral agreement, or other request for         
   international law enforcement assistance.                               
     ``(d) Correspondent Account Defined.--For purposes of this section,  
  the term `correspondent account' has the same meaning as the term       
  `interbank account' as such term is defined in section 984(c)(2)(B) of  
  title 18, United States Code.''.                                        
     (b) Clerical amendments.--The table of sections for subchapter II of 
  chapter 53 of title 31, United States Code, is amended by inserting     
  after the item relating to section 5331 the following new item:         


      ``5332. Subpoenas for records.''.                                       



     (c) Effective Date.--Section 5332(a) of title 31, United States Code,
  (as added by subsection (a) of this section shall apply after the end of
  the 30-day period beginning on the date of the enactment of this Act.   
     (d) Requests for Records.--Section 3486(a)(1)(A)(i) of title 18,     
  United States Code, is amended by striking ``; or (II) a Federal offense
  involving the sexual exploitation or abuse of children,'' and inserting 
  ``, (II) a Federal offense involving the sexual exploitation or abuse of
  children, or (III) a money laundering offense in violation of section   
  1956, 1957 or 1960 of this title,''.                                    
                    SEC. 116. AUTHORITY TO ORDER CONVICTED CRIMINAL TO RETURN     
          PROPERTY LOCATED ABROAD.                                                
     (a) Forfeiture of Substitute Property.--Section 413(p) of the        
  Controlled Substances Act (21 U.S.C. 853) is amended to read as follows:
   ``(p)  Forfeiture of Substitute Property.--                            

       ``(1) In general.--Paragraph (2) of this subsection shall apply, if 
   any property described in subsection (a), as a result of any act or     
   omission of the defendant--                                             
    ``(A) cannot be located upon the exercise of due diligence;            

       ``(B) has been transferred or sold to, or deposited with, a third   
   party;                                                                  
    ``(C) has been placed beyond the jurisdiction of the court;            

    ``(D) has been substantially diminished in value; or                   

       ``(E) has been commingled with other property which cannot be       
   divided without difficulty.                                             
       ``(2) Substitute property.--In any case described in any of         
   subparagraphs (A) through (E) of paragraph (1), the court shall order   
   the forfeiture of any other property of the defendant, up to the value  
   of any property described in subparagraphs (A) through (E) of paragraph 
   (1), as applicable.                                                     
       ``(3) Return of property to jurisdiction.--In the case of property  
   described in paragraph (1)(C), the court may, in addition to any other  
   action authorized by this subsection, order the defendant to return the 
   property to the jurisdiction of the court so that the property may be   
   seized and forfeited.''.                                                
     (b) Protective Orders.--Section 413(e) of the Controlled Substances  
  Act (21 U.S.C. 853(e)) is amended by adding at the end the following:   
   ``(4)  Order To Repatriate and Deposit.--                              

       ``(A) In general.--Pursuant to its authority to enter a pretrial    
   restraining order under this section, including its authority to        
   restrain any property forfeitable as substitute assets, the court may   
   order a defendant to repatriate any property that may be seized and     
   forfeited, and to deposit that property pending trial in the registry of
   the court, or with the United States Marshals Service or the Secretary  
   of the Treasury, in an interest-bearing account, if appropriate.        
       ``(B) Failure to comply.--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 of the defendant under the
   obstruction of justice provision of the Federal Sentencing              
   Guidelines.''.                                                          
          SEC. 117. CORPORATION REPRESENTED BY A FUGITIVE.                        

     Section 2466 of title 28, United States Code, is amended by          
  designating the present matter as subsection (a), and adding at the end 
  the following:                                                          
     ``(b) Subsection (a) may be applied to a claim filed by a corporation
  if any majority shareholder, or individual filing the claim on behalf of
  the corporation is a person to whom subsection (a) applies.''.          
          SEC. 118. ENFORCEMENT OF FOREIGN JUDGMENTS.                             

   Section 2467 of title 28, United States Code, is amended--             

       (1) in subsection (d), by inserting after paragraph (2) the         
   following new paragraph:                                                
       ``(3) Preservation of property.--To preserve the availability of    
   property subject to a foreign forfeiture or confiscation judgment, the  
   Government may apply for, and the court may issue, a restraining order  
   pursuant to section 983(j) of title 18, United States Code, at any time 
   before or after an application is filed pursuant to subsection (c)(1).  
   The court, in issuing the restraining order--                           
       ``(A) may rely on information set forth in an affidavit describing  
   the nature of the proceeding or investigation underway in the foreign   
   country, and setting forth a reasonable basis to believe that the       
   property to be restrained will be named in a judgment of forfeiture at  
   the conclusion of such proceeding; or                                   
       ``(B) may register and enforce a restraining order that has been    
   issued by a court of competent jurisdiction in the foreign country and  
   certified by the Attorney General pursuant to subsection (b)(2).        
      No person may object to the restraining order on any ground that is  
   the subject of parallel litigation involving the same property that is  
   pending in a foreign court.'';                                          
       (2) in subsection (b)(1)(C), by striking ``establishing that the    
   defendant received notice of the proceedings in sufficient time to      
   enable the defendant'' and inserting ``establishing that the foreign    
   nation took steps, in accordance with the principles of due process, to 
   give notice of the proceedings to all persons with an interest in the   
   property in sufficient time to enable such persons'';                   
       (3) in subsection (d)(1)(D), by striking ``the defendant in the     
   proceedings in the foreign court did not receive notice'' and inserting 
   ``the foreign nation did not take steps, in accordance with the         
   principles of due process, to give notice of the proceedings to a person
   with an interest in the property''; and                                 
       (4) in subsection (a)(2)(A), by inserting ``, any violation of      
   foreign law that would constitute a violation of an offense for which   
   property could be forfeited under Federal law if the offense were       
   committed in the United States'' after ``United Nations Convention''.   
                    SEC. 119. REPORTING PROVISIONS AND ANTI-TERRORIST ACTIVITIES  
          OF UNITED STATES INTELLIGENCE AGENCIES.                                 
     (a) Amendment Relating to the Purposes of Chapter 53 of Title 31 ,   
  United States Code.--Section 5311 of title 31, United States Code, is   
  amended by inserting before the period at the end the following: ``, or 
  in the conduct of intelligence or counterintelligence activities,       
  including analysis, to protect against international terrorism''.       
     (b) Amendment Relating to Reporting of Suspicious                    
  Activities.--Section 5318(g)(4)(B) of title 31, United States Code, is  
  amended by striking ``or supervisory agency'' and inserting ``,         
  supervisory agency, or United States intelligence agency for use in the 
  conduct of intelligence or counterintelligence activities, including    
  analysis, to protect against international terrorism''.                 
     (c) Amendment Relating to Availability of Reports.--Section 5319 of  
  title 31, United States Code, is amended to read as follows:            
          ``5319. Availability of reports                                         

     ``The Secretary of the Treasury shall make information in a report   
  filed under this subchapter available to an agency, including any State 
  financial institutions supervisory agency or United States intelligence 
  agency, upon request of the head of the agency. The report shall be     
  available for a purpose that is consistent with this subchapter. The    
  Secretary may only require reports on the use of such information by any
  State financial institutions supervisory agency for other than          
  supervisory purposes or by United States intelligence agencies. However,
  a report and records of reports are exempt from disclosure under section
  552 of title 5.''.                                                      
     (d) Amendments to the Right to Financial Privacy Act.--The Right to  
  Financial Privacy Act of 1978 is amended--                              
       (1) in section 1112(a) (12 U.S.C. 3412(a)), by inserting ``, or     
   intelligence or counterintelligence activity, investigation or analysis 
   related to international terrorism'' after ``legitimate law enforcement 
   inquiry'';                                                              
    (2) in section 1114(a)(1) (12 U.S.C. 3414(a)(1))--                     

    (A) in subparagraph (A), by striking ``or'' at the end;                

       (B) in subparagraph (B), by striking the period at the end and      
   inserting ``; or''; and                                                 
    (C) by adding at the end the following:                                

       ``(C) a Government authority authorized to conduct investigations   
   of, or intelligence or counterintelligence analyses related to,         
   international terrorism for the purpose of conducting such              
   investigations or analyses.''; and                                      
       (3) in section 1120(a)(2) (12 U.S.C. 3420(a)(2)), by inserting ``,  
   or for a purpose authorized by section 1112(a)'' before the semicolon at
   the end.                                                                
   (e)  Amendment to the Fair Credit Reporting Act.--                     

       (1) In general.--The Fair Credit Reporting Act (15 U.S.C. 1681 et   
   seq.) is amended--                                                      
       (A) by redesignating the second of the 2 sections designated as     
   section 624 (15 U.S.C. 1681u) (relating to disclosure to FBI for        
   counterintelligence purposes) as section 625; and                       
    (B) by adding at the end the following new section:                    

                    ``626. Disclosures to governmental agencies for               
          counterterrorism purposes                                               
     ``(a) Disclosure.--Notwithstanding section 604 or any other provision
  of this title, a consumer reporting agency shall furnish a consumer     
  report of a consumer and all other information in a consumer's file to a
  government agency authorized to conduct investigations of, or           
  intelligence or counterintelligence activities or analysis related to,  
  international terrorism when presented with a written certification by  
  such government agency that such information is necessary for the       
  agency's conduct or such investigation, activity or analysis.           
     ``(b) Form of Certification.--The certification described in         
  subsection (a) shall be signed by the Secretary of the Treasury, or an  
  officer designated by the Secretary from among officers of the          
  Department of the Treasury whose appointments to office are required to 
  be made by the President, by and with the advice and consent of the     
  Senate.                                                                 
     ``(c) Confidentiality.--No consumer reporting agency, or officer,    
  employee, or agent of such consumer reporting agency, shall disclose to 
  any person, or specify in any consumer report, that a government agency 
  has sought or obtained access to information under subsection (a).      
     ``(d) Rule of Construction.--Nothing in section 625 shall be         
  construed to limit the authority of the Director of the Federal Bureau  
  of Investigation under this section.                                    
     ``(e) Safe Harbor.--Notwithstanding any other provision of this      
  subchapter, any consumer reporting agency or agent or employee thereof  
  making disclosure of consumer reports or other information pursuant to  
  this section in good-faith reliance upon a certification of a           
  governmental agency pursuant to the provisions of this section shall not
  be liable to any person for such disclosure under this subchapter, the  
  constitution of any State, or any law or regulation of any State or any 
  political subdivision of any State.''.                                  
       (2) Clerical amendments.--The table of sections for the Fair Credit 
   Reporting Act (15 U.S.C. 1681 et seq.) is amended--                     
       (A) by redesignating the second of the 2 items designated as section
   624 as section 625; and                                                 
       (B) by inserting after the item relating to section 625 (as so      
   redesignated) the following new item:                                   


            ``626. Disclosures to governmental agencies for counterterrorism  
      purposes.''.                                                            


          SEC. 120. FINANCIAL CRIMES ENFORCEMENT NETWORK.                         

     (a) In General.--Subchapter I of chapter 3 of title 31, United States
  Code, is amended--                                                      
    (1) by redesignating section 310 as section 311; and                   

    (2) by inserting after section 309 the following new section:          

          ``310. Financial Crimes Enforcement Network                             

     ``(a) In General.--The Financial Crimes Enforcement Network          
  established by order of the Secretary of the Treasury (Treasury Order   
  Numbered 105-08) on April 25, 1990, shall be a bureau in the Department 
  of the Treasury.                                                        
   ``(b)  Director.--                                                     

       ``(1) Appointment.--The head of the Financial Crimes Enforcement    
   Network shall be the Director who shall be appointed by the President,  
   by and with the consent of the Senate, to a term of 4 years.            
       ``(2) Duties and powers.--The duties and powers of the Director are 
   as follows:                                                             
       ``(A) Advise and make recommendations on matters relating to        
   financial intelligence, financial criminal activities, and other        
   financial activities to the Under Secretary for Enforcement.            
       ``(B) Maintain a government-wide data access service, with access,  
   in accordance with applicable legal requirements, to the following:     
       ``(i) Information collected by the Department of the Treasury,      
   including report information filed under subchapters II and III of      
   chapter 53 of this title (such as reports on cash transactions, foreign 
   financial agency transactions and relationships, foreign currency       
   transactions, exporting and importing monetary instruments, and         
   suspicious activities), chapter 2 of Public Law 91 508, section 21 of   
   the Federal Deposit Insurance Act and section 6050I of the Internal     
   Revenue Code of 1986.                                                   
    ``(ii) Information regarding national and international currency flows.

       ``(iii) Other records and data maintained by other Federal, State,  
   local, and foreign agencies, including financial and other records      
   developed in specific cases.                                            
    ``(iv) Other privately and publicly available information.             

       ``(C) Analyze and disseminate the available data in accordance with 
   applicable legal requirements and policies and guidelines established by
   the Secretary of the Treasury and the Under Secretary for Enforcement   
   to--                                                                    
       ``(i) identify possible criminal activity to appropriate Federal,   
   State, local, and foreign law enforcement agencies;                     
       ``(ii) support ongoing criminal financial investigations and        
   prosecutions and related proceedings, including civil and criminal tax  
   and forfeiture proceedings;                                             
       ``(iii) identify possible instances of noncompliance with           
   subchapters II and III of chapter 53 of this title, chapter 2 of Public 
   Law 91 508, and section 21 of the Federal Deposit Insurance Act to      
   Federal agencies with statutory responsibility for enforcing compliance 
   with such provisions and other appropriate Federal regulatory agencies; 
       ``(iv) evaluate and recommend possible uses of special currency     
   reporting requirements under section 5326; and                          
       ``(v) determine emerging trends and methods in money laundering and 
   other financial crimes.                                                 
       ``(D) Establish and maintain a financial crimes communications      
   center to furnish law enforcement authorities with intelligence         
   information related to emerging or ongoing investigations and undercover
   operations.                                                             
       ``(E) Furnish research, analytical, and informational services to   
   financial institutions, appropriate Federal regulatory agencies with    
   regard to financial institutions, and appropriate Federal, State, local,
   and foreign law enforcement authorities, in accordance with policies and
   guidelines established by the Secretary of the Treasury or the Under    
   Secretary of the Treasury for Enforcement, in the interest of detection,
   prevention, and prosecution of terrorism, organized crime, money        
   laundering, and other financial crimes.                                 
       ``(F) Establish and maintain a special unit dedicated to combatting 
   the use of informal, nonbank networks and payment and barter system     
   mechanisms that permit the transfer of funds or the equivalent of funds 
   without records and without compliance with criminal and tax laws.      
       ``(G) Provide computer and data support and data analysis to the    
   Secretary of the Treasury for tracking and controlling foreign assets.  
       ``(H) Coordinate with financial intelligence units in other         
   countries on anti-terrorism and anti-money laundering initiatives, and  
   similar efforts.                                                        
       ``(I) Administer the requirements of subchapters II and III of      
   chapter 53 of this title, chapter 2 of Public Law 91 508, and section 21
   of the Federal Deposit Insurance Act, to the extent delegated such      
   authority by the Secretary of the Treasury.                             
       ``(J) Such other duties and powers as the Secretary of the Treasury 
   may delegate or prescribe.                                              
     ``(c) Requirements Relating to Maintenance and Use of Data           
  Banks.--The Secretary of the Treasury shall establish and maintain      
  operating procedures with respect to the government-wide data access    
  service and the financial crimes communications center maintained by the
  Financial Crimes Enforcement Network which provide--                    
       ``(1) for the coordinated and efficient transmittal of information  
   to, entry of information into, and withdrawal of information from, the  
   data maintenance system maintained by the Network, including--          
       ``(A) the submission of reports through the Internet or other secure
   network, whenever possible;                                             
       ``(B) the cataloguing of information in a manner that facilitates   
   rapid retrieval by law enforcement personnel of meaningful data; and    
       ``(C) a procedure that provides for a prompt initial review of      
   suspicious activity reports and other reports, or such other means as   
   the Secretary may provide, to identify information that warrants        
   immediate action; and                                                   
       ``(2) in accordance with section 552a of title 5 and the Right to   
   Financial Privacy Act of 1978, appropriate standards and guidelines for 
   determining--                                                           
       ``(A) who is to be given access to the information maintained by the
   Network;                                                                
    ``(B) what limits are to be imposed on the use of such information; and

       ``(C) how information about activities or relationships which       
   involve or are closely associated with the exercise of constitutional   
   rights is to be screened out of the data maintenance system.            
     ``(d) Authorization of Appropriations.--There are authorized to be   
  appropriated for the Financial Crimes Enforcement Network such sums as  
  may be necessary for fiscal years 2002, 2003, 2004, and 2005.''.        
     (b) Compliance With Existing Reports Compliance.--The Secretary of   
  the Treasury shall study methods for improving compliance with the      
  reporting requirements established in section 5314 of title 31, United  
  States Code, and shall submit a report on such study to the Congress by 
  the end of the 6-month period beginning on the date of the enactment of 
  this Act and each 1-year period thereafter. The initial report shall    
  include historical data on compliance with such reporting requirements. 
     (c) Clerical Amendment.--The table of sections for subchapter I of   
  chapter 3 of title 31, United States Code, is amended--                 
       (1) by redesignating the item relating to section 310 as section    
   311; and                                                                
       (2) by inserting after the item relating to section 309 the         
   following new item:                                                     


      ``310. Financial Crimes Enforcement Network''.                          



          SEC. 121. CUSTOMS SERVICE BORDER SEARCHES.                              

     Section 5317(b) of title 31, United States Code, is amended to read  
  as follows:                                                             
   ``(b)  Searches at Border.--                                           

       ``(1) In general.--For purposes of ensuring compliance with the laws
   enforced by the United States Customs Service, a customs officer may    
   stop and search, at the border and without a search warrant, any        
   vehicle, vessel, aircraft, or other conveyance, any envelope or other   
   container, and any person entering, transiting, or departing from the   
   United States.                                                          
       ``(2) International shipments of mail.--With respect to shipments of
   international mail that are exported or imported by the United States   
   Postal Service, the Customs Service and other appropriate Federal       
   agencies shall, subject to paragraph (3), apply the customs laws of the 
   United States and all other laws relating to the importation or         
   exportation of such shipments in the same manner to both shipments by   
   the United States Postal Service and similar shipments by private       
   companies.                                                              
       ``(3) Safeguards.--No provision of this subsection shall be         
   construed as authorizing any customs officer or any other person to read
   any correspondence unless--                                             
       ``(A) a search warrant has been issued pursuant to Rule 41 of the   
   Federal Rules of Criminal Procedure which permits such correspondence to
   be read; or                                                             
       ``(B) the sender or addressee of the correspondence has given       
   written consent for any such action.''.                                 
                    SEC. 122. PROHIBITION ON FALSE STATEMENTS TO FINANCIAL        
          INSTITUTIONS CONCERNING THE IDENTITY OF A CUSTOMER.                     
     (a) In General.--Chapter 47 of title 18, United States Code, is      
  amended by inserting after section 1007 the following:                  
                    ``1008. False statements concerning the identity of customers 
          of financial institutions                                               
     ``(a) In General.--Whoever, in connection with information submitted 
  to or requested by a financial institution, knowingly in any manner--   
       ``(1) falsifies, conceals, or covers up, or attempts to falsify,    
   conceal, or cover up, the identity of any person in connection with any 
   transaction with a financial institution;                               

       ``(2) makes, or attempts to make, any materially false, fraudulent, 
   or fictitious statement or representation of the identity of any person 
   in connection with a transaction with a financial institution;          
       ``(3) makes or uses, or attempts to make or use, any false writing  
   or document knowing the same to contain any materially false,           
   fictitious, or fraudulent statement or entry concerning the identity of 
   any person in connection with a transaction with a financial            
   institution; or                                                         
       ``(4) uses or presents, or attempts to use or present, in connection
   with a transaction with a financial institution, an identification      
   document or means of identification the possession of which is a        
   violation of section 1028;                                              
    shall be fined under this title, imprisoned not more than 5 years, or 
  both.                                                                   
     ``(b) Definitions.--In this section, the following definitions shall 
  apply:                                                                  
    ``(1)  Financial institution.--The term `financial institution'--      

    ``(A) has the same meaning as in section 20; and                       

       ``(B) in addition, has the same meaning as in section 5312(a)(2) of 
   title 31, United States Code.                                           
       ``(2) Identification document.--The term `identification document'  
   has the same meaning as in section 1028(d).                             
       ``(3) Means of identification.--The term `means of identification'  
   has the same meaning as in section 1028(d).''.                          
   (b)  Technical and Conforming Amendments.--                            

       (1) Title 18, united states code.--Section 1956(c)(7)(D) of title   
   18, United States Code, is amended by striking ``1014 (relating to      
   fraudulent loan'' and inserting ``section 1008 (relating to false       
   statements concerning the identity of customers of financial            
   institutions), section 1014 (relating to fraudulent loan''.             
       (2) Table of sections.--The table of sections for chapter 47 of     
   title 18, United States Code, is amended by inserting after the item    
   relating to section 1007 the following:                                 


            ``1008. False statements concerning the identity of customers of  
      financial institutions.''.                                              


          SEC. 123. VERIFICATION OF IDENTIFICATION.                               

     (a) In General.--Section 5318 of title 31, United States Code, is    
  amended by adding at the end the following new subsection:              
   ``(i)  Identification and Verification of Accountholders.--            

       ``(1) In general.--Subject to the requirements of this subsection,  
   the Secretary of the Treasury shall prescribe regulations setting forth 
   the minimum standards regarding customer identification that shall apply
   in connection with the opening of an account at a financial institution.
       ``(2) Minimum requirements.--The regulations shall, at a minimum,   
   require financial institutions to implement procedures for--            
       ``(A) verifying the identity of any person seeking to open an       
   account to the extent reasonable and practicable;                       
       ``(B) maintaining records of the information used to verify a       
   person's identity, including name, address, and other identifying       
   information;                                                            
       ``(C) consulting applicable lists of known or suspected terrorists  
   or terrorist organizations generated by government agencies to determine
   whether a person seeking to open an account appears on any such list.   
       ``(3) Factors to be considered.--In prescribing regulations under   
   this subsection, the Secretary shall take into consideration the various
   types of accounts maintained by various types of financial institutions,
   the various methods of opening accounts, and the various types of       
   identifying information available.                                      
       ``(4) Certain financial institutions.--In the case of any financial 
   institution the business of which is engaging in financial activities   
   described in section 4(k) of the Bank Holding Company Act of 1956       
   (including financial activities subject to the jurisdiction of the      
   Commodity Futures Trading Commission), the regulations prescribed by the
   Secretary under paragraph (1) shall be prescribed jointly with each     
   Federal functional regulator (as defined in section 509 of the          
   Gramm-Leach-Bliley Act, including the Commodity Futures Trading         
   Commission) appropriate for such financial institution.                 
       ``(5) Exemptions.--The Secretary of the Treasury (and, in the case  
   of any financial institution described in paragraph (4), any Federal    
   agency described in such paragraph) may, by regulation or order, exempt 
   any financial institution or type of account from the requirements of   
   any regulation prescribed under this subsection in accordance with such 
   standards and procedures as the Secretary may prescribe.                
       ``(6) Effective date.--Final regulations prescribed under this      
   subsection shall take effect before the end of the 1-year period        
   beginning on the date of the enactment of the Financial Anti-Terrorism  
   Act of 2001.''.                                                         
     (b) Study and Report Required.--Within 6 months after the date of the
  enactment of this Act, the Secretary of the Treasury, in consultation   
  with the Federal functional regulators (as defined in section 509 of the
  Gramm-Leach-Bliley Act) and other appropriate Government agencies, shall
  submit a report to the Congress containing recommendations for--        
       (1) determining the most timely and effective way to require foreign
   nationals to provide domestic financial institutions and agencies with  
   appropriate and accurate information, comparable to that which is       
   required of United States nationals, concerning their identity, address,
   and other related information necessary to enable such institutions and 
   agencies to comply with the requirements of this section;               
       (2) requiring foreign nationals to apply for and obtain, before     
   opening an account with a domestic financial institution, an            
   identification number which would function similarly to a Social        
   Security number or tax identification number; and                       
       (3) establishing a system for domestic financial institutions and   
   agencies to review information maintained by relevant Government        
   agencies for purposes of verifying the identities of foreign nationals  
   seeking to open accounts at those institutions and agencies.            

          SEC. 124. CONSIDERATION OF ANTI-MONEY LAUNDERING RECORD.                

   (a)  Bank Holding Company Act of  1956.--                              

       (1) In general.--Section 3(c) of the Bank Holding Company Act of    
   1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following  
   new paragraph:                                                          
       ``(6) Money laundering.--In every case the Board shall take into    
   consideration the effectiveness of the company or companies in combating
   and preventing money laundering activities, including in overseas       
   branches.''.                                                            
     (2) Scope of application.--The amendment made by paragraph (1) shall 
  apply with respect to any application submitted to the Board of         
  Governors of the Federal Reserve System under section 3 of the Bank     
  Holding Company Act of 1956 after December 31, 2000, which has not been 
  approved by the Board before the date of the enactment of this Act.     
   (b)  Mergers Subject to Review Under Federal Deposit Insurance Act.--  

       (1) In general.--Section 18(c) of the Federal Deposit Insurance Act 
   (12 U.S.C. 1828(c)) is amended--                                        
    (A) by redesignating paragraph (11) as paragraph (12); and             

    (B) by inserting after paragraph (10), the following new paragraph:    

       ``(11) Money laundering.--In every case, the responsible agency     
   shall take into consideration the effectiveness of any insured          
   depository institution involved in the proposed merger transaction in   
   combating and preventing money laundering activities, including in      
   overseas branches.''.                                                   
     (2) Scope of application.--The amendment made by paragraph (1) shall 
  apply with respect to any application submitted to the responsible      
  agency under section 18(c) of the Federal Deposit Insurance Act after   
  December 31, 2000, which has not been approved by all appropriate       
  responsible agencies before the date of the enactment of this Act.      

                    SEC. 125. REPORTING OF SUSPICIOUS ACTIVITIES BY INFORMAL      
          UNDERGROUND BANKING SYSTEMS, SUCH AS HAWALAS.                           
     (a) Definition for Subchapter.--Subparagraph (R) of section          
  5312(a)(2) of title 31, United States Code, is amended to read as       
  follows:                                                                
       ``(R) a licensed sender of money or any other person who engages as 
   a business in the transmission of funds, including through an informal  
   value transfer banking system or network of people facilitating the     
   transfer of value domestically or internationally outside of the        
   conventional financial institutions system;''.                          
     (b) Money Transmitting Business.--Section 5330(d)(1)(A) of title 31, 
  United States Code, is amended by inserting before the semicolon the    
  following: ``or any other person who engages as a business in the       
  transmission of funds, including through an informal value transfer     
  banking system or network of people facilitating the transfer of value  
  domestically or internationally outside of the conventional financial   
  institutions system''.                                                  
     (c) Applicability of Rules.--Section 5318 of title 31, United States 
  Code, as amended by this title, is amended by adding at the end the     
  following:                                                              
     ``(l) Applicability of Rules.--Any rules prescribed pursuant to the  
  authority contained in section 21 of the Federal Deposit Insurance Act  
  shall apply, in addition to any other financial institution to which    
  such rules apply, to any person that engages as a business in the       
  transmission of funds, including through an informal value transfer     
  banking system or network of people facilitating the transfer of value  
  domestically or internationally outside of the conventional financial   
  institutions system.''.                                                 
     (d) Report.--Not later than 1 year after the date of enactment of    
  this Act, the Secretary of the Treasury shall report to Congress on the 
  need for any additional legislation relating to--                       
       (1) informal value transfer banking systems or networks of people   
   facilitating the transfer of value domestically or internationally      
   outside of the conventional financial institutions system;              
    (2) anti-money laundering controls; and                                

       (3) regulatory controls relating to underground money movement and  
   banking systems, such as the system referred to as ``hawala'', including
   whether the threshold for the filing of suspicious activity reports     
   under section 5318(g) of title 31, United States Code should be lowered 
   in the case of such systems.                                            
           TITLE II--PUBLIC-PRIVATE COOPERATION                                    

          SEC. 201. ESTABLISHMENT OF HIGHLY SECURE NETWORK.                       

     (a) In General.--The Secretary of the Treasury shall establish a     
  highly secure network in the Financial Crimes Enforcement Network that--
       (1) allows financial institutions to file reports required under    
   subchapter II or III of chapter 53 of title 31, United States Code,     
   chapter 2 of Public Law 91 508, or section 21 of the Federal Deposit    
   Insurance Act through the network; and                                  
       (2) provides financial institutions with alerts and other           
   information regarding suspicious activities that warrant immediate and  
   enhanced scrutiny.                                                      
     (b) Expedited Development.--The Secretary of the Treasury shall take 
  such action as may be necessary to ensure that the website required     
  under subsection (a) is fully operational before the end of the 9-month 
  period beginning on the date of the enactment of this Act.              
          SEC. 202. REPORT ON IMPROVEMENTS IN DATA ACCESS AND OTHER ISSUES.       

     Before the end of the 6-month period beginning on the date of the    
  enactment of this Act, the Secretary of the Treasury shall report to the
  Congress on the following issues:                                       
       (1) Data collection and analysis.--Progress made since such date of 
   enactment in meeting the requirements of section 310(c) of title 31,    
   United States Code (as added by this Act).                              
       (2) Barriers to exchange of financial crime information.--Technical,
   legal, and other barriers to the exchange of financial crime prevention 
   and detection information among and between Federal law enforcement     
   agencies, including an identification of all Federal law enforcement    
   data systems between which or among which data cannot be shared for     
   whatever reason.                                                        
       (3) Private banking.--Private banking activities in the United      
   States, including information on the following:                         
       (A) The nature and extent of private banking activities in the      
   United States.                                                          
       (B) Regulatory efforts to monitor private banking activities and    
   ensure that such activities are conducted in compliance with subchapter 
   II of chapter 53 of title 31, United States Code, and section 21 of the 
   Federal Deposit Insurance Act.                                          
       (C) With regard to financial institutions that offer private banking
   services, the policies and procedures of such institutions that are     
   designed to ensure compliance with the requirements of subchapter II of 
   chapter 53 of title 31, United States Code, and section 21 of the       
   Federal Deposit Insurance Act with respect to private banking activity. 

                    SEC. 203. REPORTS TO THE FINANCIAL SERVICES INDUSTRY ON       
          SUSPICIOUS FINANCIAL ACTIVITIES.                                        
     At least once each calendar quarter, the Secretary of the Treasury   
  shall--                                                                 
       (1) publish a report containing a detailed analysis identifying     
   patterns of suspicious activity and other investigative insights derived
   from suspicious activity reports and investigations conducted by        
   Federal, State, and local law enforcement agencies to the extent        
   appropriate; and                                                        
       (2) distribute such report to financial institutions (as defined in 
   section 5312 of title 31, United States Code).                          
          SEC. 204. EFFICIENT USE OF CURRENCY TRANSACTION REPORT SYSTEM.          

   (a)  Findings.--The Congress finds the following:                      

       (1) The Congress established the currency transaction reporting     
   requirements in 1970 because the Congress found then that such reports  
   have a high degree of usefulness in criminal, tax, and regulatory       
   investigations and proceedings and the usefulness of such reports has   
   only increased in the years since the requirements were established.    
       (2) In 1994, in response to reports and testimony that excess       
   amounts of currency transaction reports were interfering with effective 
   law enforcement, the Congress reformed the currency transaction report  
   exemption requirements to provide--                                     
       (A) mandatory exemptions for certain reports that had little        
   usefulness for law enforcement, such as cash transfers between          
   depository institutions and cash deposits from government agencies; and 
       (B) discretionary authority for the Secretary of the Treasury to    
   provide exemptions, subject to criteria and guidelines established by   
   the Secretary, for financial institutions with regard to regular        
   business customers that maintain accounts at an institution into which  
   frequent cash deposits are made.                                        
       (3) Today there is evidence that some financial institutions are not
   utilizing the exemption system, or are filing reports even if there is  
   an exemption in effect, with the result that the volume of currency     
   transaction reports is once again interfering with effective law        
   enforcement.                                                            
   (b)  Study and Report.--                                               

       (1) Study required.--The Secretary of the Treasury shall conduct a  
   study of--                                                              
       (A) the possible expansion of the statutory exemption system in     
   effect under 5313 of title 31, United States Code; and                  
       (B) methods for improving financial institution utilization of the  
   statutory exemption provisions as a way of reducing the submission of   
   currency transaction reports that have little or no value for law       
   enforcement purposes, including improvements in the systems in effect at
   financial institutions for regular review of the exemption procedures   
   used at the institution and the training of personnel in its effective  
   use.                                                                    
       (2) Report required.--The Secretary of the Treasury shall submit a  
   report to the Congress before the end of the 90-day period beginning on 
   the date of the enactment of this Act containing the findings and       
   conclusions of the Secretary with regard to the study required under    
   subsection (a) and such recommendations for legislative or              
   administrative action as the Secretary determines to be appropriate.    
          SEC. 205. PUBLIC-PRIVATE TASK FORCE ON TERRORIST FINANCING ISSUES.      

     Section 1564 of the Annunzio--Wylie Anti-Money Laundering Act (31    
  U.S.C. 5311 note) is amended by adding at the end the following new     
  subsection:                                                             
   ``(d)  Terrorist Financing Issues.--                                   

       ``(1) In general.--The Secretary of the Treasury shall provide,     
   either within the Bank Secrecy Act Advisory Group, or as a subcommittee 
   or other adjunct of the Advisory Group, for a task force of             
   representatives from agencies and officers represented on the Advisory  
   Group, a representative of the Director of the Office of Homeland       
   Security, and representatives of financial institutions, private        
   organizations that represent the financial services industry, and other 
   interested parties to focus on--                                        
       ``(A) issues specifically related to the finances of terrorist      
   groups, the means terrorist groups use to transfer funds around the     
   world and within the United States, including through the use of        
   charitable organizations, nonprofit organizations, and nongovernmental  
   organizations, and the extent to which financial institutions in the    
   United States are unwittingly involved in such finances and the extent  
   to which such institutions are at risk as a result;                     
       ``(B) the relationship, particularly the financial relationship,    
   between international narcotics traffickers and foreign terrorist       
   organizations, the extent to which their memberships overlap and engage 
   in joint activities, and the extent to which they cooperate with each   
   other in raising and transferring funds for their respective purposes;  
   and                                                                     
       ``(C) means of facilitating the identification of accounts and      
   transactions involving terrorist groups and facilitating the exchange of
   information concerning such accounts and transactions between financial 
   institutions and law enforcement organizations.                         
       ``(2) Applicability of other provisions.--Sections 552, 552a, and   
   552b of title 5, United States Code, and the Federal Advisory Committee 
   Act shall not apply to the task force established pursuant to paragraph 
   (1).''.                                                                 
          SEC. 206. SUSPICIOUS ACTIVITY REPORTING REQUIREMENTS.                   

     (a) Deadline For Suspicious Activity Reporting Requirements For      
  Registered Brokers and Dealers.--The Secretary of the Treasury, in      
  consultation with the Securities and Exchange Commission, shall publish 
  proposed regulations in the Federal Register before January 1, 2002,    
  requiring brokers and dealers registered with the Securities and        
  Exchange Commission under the Securities Exchange Act of 1934 to submit 
  suspicious activity reports under section 5318(g) of title 31, United   
  States Code. Such regulations shall be published in final form no later 
  than June 1, 2002.                                                      
     (b) Suspicious Activity Reporting Requirements For Futures Commission
  Merchants, Commodity Trading Advisors, and Commodity Pool               
  Operators.--The Secretary of the Treasury, in consultation with the     
  Commodity Futures Trading Commission, may prescribe regulations         
  requiring futures commission merchants, commodity trading advisors, and 
  commodity pool operators registered under the Commodity Exchange Act to 
  submit suspicious activity reports under section 5318(g) of title 31,   
  United States Code.                                                     
          SEC. 207. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.    

     (a) Amendment Relating to Civil Liability Immunity for               
  Disclosures.--Section 5318(g)(3) of title 31, United States Code, is    
  amended to read as follows:                                             
    ``(3)  Liability for disclosures.--                                    

       ``(A) In general.--Any financial institution that makes a voluntary 
   disclosure of any possible violation of law or regulation to a          
   government agency or makes a disclosure pursuant to this subsection or  
   any other authority, and any director, officer, employee, or agent of   
   such institution who makes, or requires another to make any such        
   disclosure, shall not be liable to any person under any law or          
   regulation of the United States, any constitution, law, or regulation of
   any State or political subdivision of any State, or under any contract  
   or other legally enforceable agreement (including any arbitration       
   agreement), for such disclosure or for any failure to provide notice of 
   such disclosure to any person.                                          
       ``(B) Rule of construction.--Subparagraph (A) shall not be construed
   as creating--                                                           
       ``(i) any inference that the term `person', as used in such         
   subparagraph, may be construed more broadly than its ordinary usage so  
   to include any government or agency of government; or                   
       ``(ii) any immunity against, or otherwise affecting, any civil or   
   criminal action brought by any government or agency of government to    
   enforce any constitution, law, or regulation of such government or      
   agency.''.                                                              
     (b) Prohibition on Notification of Disclosures.--Section 5318(g)(2)  
  of title 31, United States Code, is amended to read as follows:         
    ``(2)  Notification prohibited.--                                      

       ``(A) In general.--If a financial institution or any director,      
   officer, employee, or agent of any financial institution, voluntarily or
   pursuant to this section or any other authority, reports a suspicious   
   transaction to a government agency--                                    
       ``(i) the financial institution, director, officer, employee, or    
   agent may not notify any person involved in the transaction that the    
   transaction has been reported; and                                      
       ``(ii) no officer or employee of the Federal Government or of any   
   State, local, tribal, or territorial government within the United       
   States, who has any knowledge that such report was made may disclose to 
   any person involved in the transaction that the transaction has been    
   reported other than as necessary to fulfill the official duties of such 
   officer or employee.                                                    
       ``(B) Disclosures in certain employment references.--Notwithstanding
   the application of subparagraph (A) in any other context, subparagraph  
   (A) shall not be construed as prohibiting any financial institution, or 
   any director, officer, employee, or agent of such institution, from     
   including, in a written employment reference that is provided in        
   accordance with section 18(v) of the Federal Deposit Insurance Act in   
   response to a request from another financial institution or a written   
   termination notice or employment reference that is provided in          
   accordance with the rules of the self-regulatory organizations          
   registered with the Securities and Exchange Commission, information that
   was included in a report to which subparagraph (A) applies, but such    
   written employment reference may not disclose that such information was 
   also included in any such report or that such report was made.''.       
                    SEC. 208. AUTHORIZATION TO INCLUDE SUSPICIONS OF ILLEGAL      
          ACTIVITY IN WRITTEN EMPLOYMENT REFERENCES.                              
     Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is  
  amended by adding at the end the following new subsection:              
     ``(w) Written Employment References May Contain Suspicions of        
  Involvement in Illegal Activity.--                                      
       ``(1) In general.--Notwithstanding any other provision of law, any  
   insured depository institution, and any director, officer, employee, or 
   agent of such institution, may disclose in any written employment       
   reference relating to a current or former institution-affiliated party  
   of such institution which is provided to another insured depository     
   institution in response to a request from such other institution,       
   information concerning the possible involvement of such                 
   institution-affiliated party in potentially unlawful activity, to the   
   extent--                                                                
       ``(A) the disclosure does not contain information which the         
   institution, director, officer, employee, or agent knows to be false;   
   and                                                                     
       ``(B) the institution, director, officer, employee, or agent has not
   acted with malice or with reckless disregard for the truth in making the
   disclosure.                                                             
       ``(2) Definition.--For purposes of this subsection, the term        
   `insured depository institution' includes any uninsured branch or agency
   of a foreign bank.''.                                                   

                    SEC. 209. INTERNATIONAL COOPERATION ON IDENTIFICATION OF      
          ORIGINATORS OF WIRE TRANSFERS.                                          
   The Secretary of the Treasury shall--                                  

       (1) in consultation with the Attorney General and the Secretary of  
   State, take all reasonable steps to encourage foreign governments to    
   require the inclusion of the name of the originator in wire transfer    
   instructions sent to the United States and other countries, with the    
   information to remain with the transfer from its origination until the  
   point of disbursement; and                                              
       (2) report annually to the Committee on Financial Services of the   
   House of Representatives and the Committee on Banking, Housing, and     
   Urban Affairs of the Senate on--                                        
       (A) progress toward the goal enumerated in paragraph (1), as well as
   impediments to implementation and an estimated compliance rate; and     
       (B) impediments to instituting a regime in which all appropriate    
   identification, as defined by the Secretary, about wire transfer        
   recipients shall be included with wire transfers from their point of    
   origination until disbursement.                                         
          SEC. 210. CHECK TRUNCATION STUDY.                                       

     Before the end of the 90-day period beginning on the date of the     
  enactment of this Act, the Secretary of the Treasury, in consultation   
  with the Attorney General and the Board of Governors of the Federal     
  Reserve System, shall conduct a study of the impact on crime prevention,
  law enforcement, and the administration of consumer protection laws of  
  any policy of the Board of Governors of the Federal Reserve System      
  relating to the promotion of check electronification, through truncation
  or other means, or migration from paper checks.                         
           TITLE III--COMBATTING INTERNATIONAL MONEY LAUNDERING                    

                    SEC. 301. SPECIAL MEASURES FOR JURISDICTIONS, FINANCIAL       
          INSTITUTIONS, OR INTERNATIONAL TRANSACTIONS OF PRIMARY MONEY LAUNDERING 
          CONCERN.                                                                
     (a) In General.--Subchapter II of chapter 53 of title 31, United     
  States Code, is amended by inserting after section 5318 the following   
  new section:                                                            
                    ``5318A. Special measures for jurisdictions, financial        
          institutions, or international transactions of primary money laundering 
          concern                                                                 
   ``(a)  International Counter-Money Laundering Requirements.--          

       ``(1) In general.--The Secretary may require domestic financial     
   institutions and domestic financial agencies to take 1 or more of the   
   special measures described in subsection (b) if the Secretary finds that
   reasonable grounds exist for concluding that a jurisdiction outside of  
   the United States, 1 or more financial institutions operating outside of
   the United States, 1 or more classes of transactions within, or         
   involving, a jurisdiction outside of the United States, or 1 or more    
   types of accounts is of primary money laundering concern, in accordance 
   with subsection (c).                                                    
    ``(2)  Form of requirement.--The special measures described in--       

       ``(A) subsection (b) may be imposed in such sequence or combination 
   as the Secretary shall determine;                                       
       ``(B) paragraphs (1) through (4) of subsection (b) may be imposed by
   regulation, order, or otherwise as permitted by law; and                
    ``(C) subsection (b)(5) may be imposed only by regulation.             

       ``(3) Duration of orders; rulemaking.--Any order by which a special 
   measure described in paragraphs (1) through (4) of subsection (b) is    
   imposed (other than an order described in section 5326)--               
       ``(A) shall be issued together with a notice of proposed rulemaking 
   relating to the imposition of such special measure; and                 
       ``(B) may not remain in effect for more than 120 days, except       
   pursuant to a regulation prescribed on or before the end of the 120-day 
   period beginning on the date of issuance of such order.                 
       ``(4) Process for selecting special measures.--In selecting which   
   special measure or measures to take under this subsection, the          
   Secretary--                                                             
       ``(A) shall consult with the Chairman of the Board of Governors of  
   the Federal Reserve System, any other appropriate Federal banking agency
   (as defined in section 3 of the Federal Deposit Insurance Act), the     
   Securities and Exchange Commission, the National Credit Union           
   Administration Board, and in the sole discretion of the Secretary such  
   other agencies and interested parties as the Secretary may find to be   
   appropriate; and                                                        
    ``(B) shall consider--                                                 

       ``(i) whether similar action has been or is being taken by other    
   nations or multilateral groups;                                         
       ``(ii) whether the imposition of any particular special measure     
   would create a significant competitive disadvantage, including any undue
   cost or burden associated with compliance, for financial institutions   
   organized or licensed in the United States; and                         
       ``(iii) the extent to which the action or the timing of the action  
   would have a significant adverse systemic impact on the international   
   payment, clearance, and settlement system, or on legitimate business    
   activities involving the particular jurisdiction, institution, or class 
   of transactions.                                                        
       ``(5) No limitation on other authority.--This section shall not be  
   construed as superseding or otherwise restricting any other authority   
   granted to the Secretary, or to any other agency, by this subchapter or 
   otherwise.                                                              
     ``(b) Special Measures.--The special measures referred to in         
  subsection (a), with respect to a jurisdiction outside of the United    
  States, financial institution operating outside of the United States,   
  class of transaction within, or involving, a jurisdiction outside of the
  United States, or 1 or more types of accounts are as follows:           
    ``(1)  Recordkeeping and reporting of certain financial transactions.--

       ``(A) In general.--The Secretary may require any domestic financial 
   institution or domestic financial agency to maintain records, file      
   reports, or both, concerning the aggregate amount of transactions, or   
   concerning each transaction, with respect to a jurisdiction outside of  
   the United States, 1 or more financial institutions operating outside of
   the United States, 1 or more classes of transactions within, or         
   involving, a jurisdiction outside of the United States, or 1 or more    
   types of accounts if the Secretary finds any such jurisdiction,         
   institution, or class of transactions to be of primary money laundering 
   concern.                                                                
       ``(B) Form of records and reports.--Such records and reports shall  
   be made and retained at such time, in such manner, and for such period  
   of time, as the Secretary shall determine, and shall include such       
   information as the Secretary may determine, including--                 
       ``(i) the identity and address of the participants in a transaction 
   or relationship, including the identity of the originator of any funds  
   transfer;                                                               
       ``(ii) the legal capacity in which a participant in any transaction 
   is acting;                                                              
       ``(iii) the identity of the beneficial owner of the funds involved  
   in any transaction, in accordance with such procedures as the Secretary 
   determines to be reasonable and practicable to obtain and retain the    
   information; and                                                        
    ``(iv) a description of any transaction.                               

       ``(2) Information relating to beneficial ownership.--In addition to 
   any other requirement under any other provision of law, the Secretary   
   may require any domestic financial institution or domestic financial    
   agency to take such steps as the Secretary may determine to be          
   reasonable and practicable to obtain and retain information concerning  
   the beneficial ownership of any account opened or maintained in the     
   United States by a foreign person (other than a foreign entity whose    
   shares are subject to public reporting requirements or are listed and   
   traded on a regulated exchange or trading market), or a representative  
   of such a foreign person, that involves a jurisdiction outside of the   
   United States, 1 or more financial institutions operating outside of the
   United States, 1 or more classes of transactions within, or involving, a
   jurisdiction outside of the United States, or 1 or more types of        
   accounts if the Secretary finds any such jurisdiction, institution,     
   transaction, or account to be of primary money laundering concern.      
       ``(3) Information relating to certain payable-through accounts.--If 
   the Secretary finds a jurisdiction outside of the United States, 1 or   
   more financial institutions operating outside of the United States, or 1
   or more classes of transactions within, or involving, a jurisdiction    
   outside of the United States to be of primary money laundering concern, 
   the Secretary may require any domestic financial institution or domestic
   financial agency that opens or maintains a payable-through account in   
   the United States for a foreign financial institution involving any such
   jurisdiction or any such financial institution operating outside of the 
   United States, or a payable through account through which any such      
   transaction may be conducted, as a condition of opening or maintaining  
   such account--                                                          
       ``(A) to identify each customer (and representative of such         
   customer) of such financial institution who is permitted to use, or     
   whose transactions are routed through, such payable-through account; and
       ``(B) to obtain, with respect to each such customer (and each such  
   representative), information that is substantially comparable to that   
   which the depository institution obtains in the ordinary course of      
   business with respect to its customers residing in the United States.   
       ``(4) Information relating to certain correspondent accounts.--If   
   the Secretary finds a jurisdiction outside of the United States, 1 or   
   more financial institutions operating outside of the United States, or 1
   or more classes of transactions within, or involving, a jurisdiction    
   outside of the United States to be of primary money laundering concern, 
   the Secretary may require any domestic financial institution or domestic
   financial agency that opens or maintains a correspondent account in the 
   United States for a foreign financial institution involving any such    
   jurisdiction or any such financial institution operating outside of the 
   United States, or a correspondent account through which any such        
   transaction may be conducted, as a condition of opening or maintaining  
   such account--                                                          
       ``(A) to identify each customer (and representative of such         
   customer) of any such financial institution who is permitted to use, or 
   whose transactions are routed through, such correspondent account; and  
       ``(B) to obtain, with respect to each such customer (and each such  
   representative), information that is substantially comparable to that   
   which the depository institution obtains in the ordinary course of      
   business with respect to its customers residing in the United States.   
       ``(5) Prohibitions or conditions on opening or maintaining certain  
   correspondent or payable-through accounts.--If the Secretary finds a    
   jurisdiction outside of the United States, 1 or more financial          
   institutions operating outside of the United States, or 1 or more       
   classes of transactions within, or involving, a jurisdiction outside of 
   the United States to be of primary money laundering concern, the        
   Secretary, in consultation with the Secretary of State, the Attorney    
   General, and the Chairman of the Board of Governors of the Federal      
   Reserve System, may prohibit, or impose conditions upon, the opening or 
   maintaining in the United States of a correspondent account or payable- 
   through account by any domestic financial institution or domestic       
   financial agency for or on behalf of a foreign banking institution, if  
   such correspondent account or payable-through account involves any such 
   jurisdiction or institution, or if any such transaction may be conducted
   through such correspondent account or payable-through account.          
     ``(c) Consultations and Information To Be Considered in Finding      
  Jurisdictions, Institutions, Types of Accounts, or Transactions To Be of
  Primary Money Laundering Concern.--                                     
       ``(1) In general.--In making a finding that reasonable grounds exist
   for concluding that a jurisdiction outside of the United States, 1 or   
   more financial institutions operating outside of the United States, 1 or
   more classes of transactions within, or involving, a jurisdiction       
   outside of the United States, or 1 or more types of accounts is of      
   primary money laundering concern so as to authorize the Secretary to    
   take 1 or more of the special measures described in subsection (b), the 
   Secretary shall consult with the Secretary of State, and the Attorney   
   General.                                                                
       ``(2) Additional considerations.--In making a finding described in  
   paragraph (1), the Secretary shall consider in addition such information
   as the Secretary determines to be relevant, including the following     
   potentially relevant factors:                                           
       ``(A) Jurisdictional factors.--In the case of a particular          
   jurisdiction--                                                          
       ``(i) evidence that organized criminal groups, international        
   terrorists, or both, have transacted business in that jurisdiction;     
       ``(ii) the extent to which that jurisdiction or financial           
   institutions operating in that jurisdiction offer bank secrecy or       
   special regulatory advantages to nonresidents or nondomiciliaries of    
   that jurisdiction;                                                      
       ``(iii) the substance and quality of administration of the bank     
   supervisory and counter-money laundering laws of that jurisdiction;     
       ``(iv) the relationship between the volume of financial transactions
   occurring in that jurisdiction and the size of the economy of the       
   jurisdiction;                                                           
       ``(v) the extent to which that jurisdiction is characterized as an  
   offshore banking or secrecy haven by credible international             
   organizations or multilateral expert groups;                            
       ``(vi) whether the United States has a mutual legal assistance      
   treaty with that jurisdiction, and the experience of United States law  
   enforcement officials, and regulatory officials in obtaining information
   about transactions originating in or routed through or to such          
   jurisdiction; and                                                       
       ``(vii) the extent to which that jurisdiction is characterized by   
   high levels of official or institutional corruption.                    
       ``(B) Institutional factors.--In the case of a decision to apply 1  
   or more of the special measures described in subsection (b) only to a   
   financial institution or institutions, or to a transaction or class of  
   transactions, or to a type of account, or to all 3, within or involving 
   a particular jurisdiction--                                             
       ``(i) the extent to which such financial institutions, transactions,
   or types of accounts are used to facilitate or promote money laundering 
   in or through the jurisdiction;                                         
       ``(ii) the extent to which such institutions, transactions, or types
   of accounts are used for legitimate business purposes in the            
   jurisdiction; and                                                       
       ``(iii) the extent to which such action is sufficient to ensure,    
   with respect to transactions involving the jurisdiction and institutions
   operating in the jurisdiction, that the purposes of this subchapter     
   continue to be fulfilled, and to guard against international money      
   laundering and other financial crimes.                                  
     ``(d) Notification of Special Measures Invoked by the Secretary.--Not
  later than 10 days after the date of any action taken by the Secretary  
  under subsection (a)(1), the Secretary shall notify, in writing, the    
  Committee on Financial Services of the House of Representatives and the 
  Committee on Banking, Housing, and Urban Affairs of the Senate of any   
  such action.                                                            
     ``(e) Definitions.--Notwithstanding any other provision of this      
  subchapter, for purposes of this section, the following definitions     
  shall apply:                                                            
       ``(1) Bank definitions.--The following definitions shall apply with 
   respect to a bank:                                                      
    ``(A)  Account.--The term `account'--                                  

       ``(i) means a formal banking or business relationship established to
   provide regular services, dealings, and other financial transactions;   
   and                                                                     
       ``(ii) includes a demand deposit, savings deposit, or other         
   transaction or asset account and a credit account or other extension of 
   credit.                                                                 
       ``(B) Correspondent account.--The term `correspondent account' means
   an account established to receive deposits from, make payments on behalf
   of a foreign financial institution, or handle other financial           
   transactions related to such institution.                               
       ``(C) Payable-through account.--The term `payable-through account'  
   means an account, including a transaction account (as defined in section
   19(b)(1)(C) of the Federal Reserve Act), opened at a depository         
   institution by a foreign financial institution by means of which the    
   foreign financial institution permits its customers to engage, either   
   directly or through a subaccount, in banking activities usual in        
   connection with the business of banking in the United States.           
       ``(D) Secretary.--The term `Secretary' means the Secretary of the   
   Treasury.                                                               
       ``(2) Definitions applicable to institutions other than banks.--With
   respect to any financial institution other than a bank, the Secretary   
   shall, after consultation with the appropriate Federal functional       
   regulators (as defined in section 509 of the Gramm-Leach-Bliley Act),   
   define by regulation the term `account', and shall include within the   
   meaning of that term, to the extent, if any, that the Secretary deems   
   appropriate, arrangements similar to payable-through and correspondent  
   accounts.                                                               
       ``(3) Regulatory definition.--The Secretary shall promulgate        
   regulations defining beneficial ownership of an account for purposes of 
   this subchapter. Such regulations shall address issues related to an    
   individual's authority to fund, direct, or manage the account (including
   the power to direct payments into or out of the account), and an        
   individual's material interest in the income or corpus of the account,  
   and shall ensure that the identification of individuals under this      
   section does not extend to any individual whose beneficial interest in  
   the income or corpus of the account is immaterial.                      
       ``(4) Other terms.--The Secretary may, by regulation, further define
   the terms in paragraphs (1) and (2) and define other terms for the      
   purposes of this section, as the Secretary deems appropriate.''.        
     (b) Financial Institutions Specified in Subchapter II of Chapter 53  
  of Title 31, United States Code.--                                      
       (1) Credit unions.--Subparagraph (E) of section 5312(2) of title 31,
   United States Code, is amended to read as follows:                      
    ``(E) any credit union;''.                                             

       (2) Futures commission merchant; commodity trading advisor;         
   commodity pool operator.--Section 5312 of title 31, United States Code, 
   is amended by adding at the end the following new subsection:           
     ``(c) Additional Definitions.--For purposes of this subchapter, the  
  following definitions shall apply:                                      
       ``(1) Certain institutions included in definition.--The term        
   `financial institution' (as defined in subsection (a)) includes the     
   following:                                                              
       ``(A) Any futures commission merchant, commodity trading advisor, or
   commodity pool operator registered, or required to register, under the  
   Commodity Exchange Act.''.                                              
       (3) CFTC included.--For purposes of this Act and any amendment made 
   by this Act to any other provision of law, the term ``Federal functional
   regulator'' includes the Commodity Futures Trading Commission.          
     (c) Clerical Amendment.--The table of sections for subchapter II of  
  chapter 53 of title 31, United States Code, is amended by inserting     
  after the item relating to section 5318 the following new item:         


            ``5318A. Special measures for jurisdictions, financial            
      institutions, or international transactions of primary money laundering 
      concern.''.                                                             


                    SEC. 302. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS AND
          PRIVATE BANKING ACCOUNTS.                                               
     (a) In General.--Section 5318 of title 31, United States Code, is    
  amended by inserting after subsection (i) (as added by section 123 of   
  this Act) the following new subsection:                                 
     ``(j) Due Diligence for United States Private Banking and            
  Correspondent Bank Accounts Involving Foreign Persons.--                
       ``(1) In general.--Each financial institution that establishes,     
   maintains, administers, or manages a private banking account or a       
   correspondent account in the United States for a non-United States      
   person, including a foreign individual visiting the United States, or a 
   representative of a non-United States person, shall establish           
   appropriate, specific, and, where necessary, enhanced due diligence     
   policies, procedures, and controls to detect and report instances of    
   money laundering through those accounts.                                
    ``(2)  Minimum standards for correspondent accounts.--                 

       ``(A) In general.--Subparagraph (B) shall apply if a correspondent  
   account is requested or maintained by, or on behalf of, a foreign bank  
   operating--                                                             
    ``(i) under an offshore banking license; or                            

       ``(ii) under a banking license issued by a foreign country that has 
   been designated--                                                       
         ``(I) as noncooperative with international anti-money laundering   
    principles or procedures by an intergovernmental group or organization  
    of which the United States is a member with which designation the       
    Secretary of the Treasury concurs; or                                   
         ``(II) by the Secretary as warranting special measures due to money
    laundering concerns.                                                    
       ``(B) Policies, procedures, and controls.--The enhanced due         
   diligence policies, procedures, and controls required under paragraph   
   (1) for foreign banks described in subparagraph (A) shall, at a minimum,
   ensure that the financial institution in the United States takes        
   reasonable steps--                                                      
       ``(i) to ascertain for any such foreign bank, the shares of which   
   are not publicly traded, the identity of each of the owners of the      
   foreign bank, and the nature and extent of the ownership interest of    
   each such owner;                                                        
       ``(ii) to conduct enhanced scrutiny of such account to guard against
   money laundering and report any suspicious transactions under section   
   5318(g); and                                                            
       ``(iii) to ascertain whether such foreign bank provides             
   correspondent accounts to other foreign banks and, if so, the identity  
   of those foreign banks and related due diligence information, as        
   appropriate under paragraph (1).                                        
       ``(3) Minimum standards for private banking accounts.--If a private 
   banking account is requested or maintained by, or on behalf of, a       
   non-United States person, then the due diligence policies, procedures,  
   and controls required under paragraph (1) shall, at a minimum, ensure   
   that the financial institution takes reasonable steps--                 
       ``(A) to ascertain the identity of the nominal and beneficial owners
   of, and the source of funds deposited into, such account as needed to   
   guard against money laundering and report any suspicious transactions   
   under section 5318(g); and                                              
       ``(B) to conduct enhanced scrutiny of any such account that is      
   requested or maintained by, or on behalf of, a senior foreign political 
   figure, or any immediate family member or close associate of a senior   
   foreign political figure, to prevent, detect, and report transactions   
   that may involve the proceeds of foreign corruption.                    
       ``(4) Definitions.--For purposes of this subsection, the following  
   definitions shall apply:                                                
       ``(A) Offshore banking license.--The term `offshore banking license'
   means a license to conduct banking activities which, as a condition of  
   the license, prohibits the licensed entity from conducting banking      
   activities with the citizens of, or with the local currency of, the     
   country which issued the license.                                       
       ``(B) Private bank account.--The term `private bank account' means  
   an account (or any combination of accounts) that--                      
       ``(i) requires a minimum aggregate deposits of funds or other assets
   of not less than $1,000,000;                                            
       ``(ii) is established on behalf of 1 or more individuals who have a 
   direct or beneficial ownership interest in the account; and             
       ``(iii) is assigned to, or is administered or managed by, in whole  
   or in part, an officer, employee, or agent of a financial institution   
   acting as a liaison between the financial institution and the direct or 
   beneficial owner of the account.                                        
       ``(5) Regulatory authority.--Before the end of the 6-month period   
   beginning on the date of the enactment of the Financial Anti-Terrorism  
   Act of 2001, the Secretary, in consultation with the appropriate Federal
   functional regulators (as defined in section 509 of the                 
   Gramm-Leach-Bliley Act) shall further define and clarify, by regulation,
   the requirements of this subsection.''.                                 
     (b) Effective Date.--The amendments made by this section shall take  
  effect beginning 180 days after the date of the enactment of this Act   
  with respect to accounts covered by subsection (j) of section 5318 of   
  title 31, United States Code (as added by this section) that are opened 
  before, on, or after the date of the enactment of this Act.             
                    SEC. 303. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS 
          WITH FOREIGN SHELL BANKS.                                               
     Section 5318 of title 31, United States Code, is amended by inserting
  after subsection (j) (as added by section 302 of this title) the        
  following new subsection:                                               
     ``(k) Prohibition on United States Correspondent Accounts With       
  Foreign Shell Banks.--                                                  
       ``(1) In general.--A depository institution shall not establish,    
   maintain, administer, or manage a correspondent account in the United   
   States for, or on behalf of, a foreign bank that does not have a        
   physical presence in any country.                                       
    ``(2)  Prevention of indirect service to foreign shell banks.--        

       ``(A) In general.--A depository institution shall take reasonable   
   steps to ensure that any correspondent account established, maintained, 
   administered, or managed by that institution in the United States for a 
   foreign bank is not being used by that foreign bank to indirectly       
   provide banking services to another foreign bank that does not have a   
   physical presence in any country.                                       
       ``(B) Regulations.--The Secretary shall, in regulations, delineate  
   reasonable steps necessary for a depository institution to comply with  
   this subsection.                                                        
       ``(3) Exception.--Paragraphs (1) and (2) shall not be construed as  
   prohibiting a depository institution from providing a correspondent     
   account to a foreign bank, if the foreign bank--                        
       ``(A) is an affiliate of a depository institution, credit union, or 
   other foreign bank that maintains a physical presence in the United     
   States or a foreign country, as applicable; and                         
       ``(B) is subject to supervision by a banking authority in the       
   country regulating the affiliated depository institution, credit union, 
   or foreign bank, described in subparagraph (A), as applicable.          
       ``(4) Definitions.--For purposes of this section, the following     
   definitions shall apply:                                                
       ``(A) Affiliate.--The term `affiliate' means a foreign bank that is 
   controlled by or is under common control with a depository institution, 
   credit union, or foreign bank.                                          
    ``(B)  Depository institution.--The `depository institution'--         

       ``(i) has the meaning given such term in section 3 of the Federal   
   Deposit Insurance Act; and                                              
    ``(ii) includes a credit union.                                        

       ``(C) Physical presence.--The term `physical presence' means a place
   of business that--                                                      
    ``(i) is maintained by a foreign bank;                                 

       ``(ii) is located at a fixed address (other than solely an          
   electronic address) in a country in which the foreign bank is authorized
   to conduct banking activities, at which location the foreign bank--     
     ``(I) employs 1 or more individuals on a full-time basis; and          

         ``(II) maintains operating records related to its banking          
    activities; and                                                         
       ``(iii) is subject to inspection by the banking authority which     
   licensed the foreign bank to conduct banking activities.''.             
          SEC. 304. ANTI-MONEY LAUNDERING PROGRAMS.                               

     (a) In General.--Section 5318(h) of title 31, United States Code, is 
  amended to read as follows:                                             
   ``(h)  Anti-Money Laundering Programs.--                               

       ``(1) In general.--In order to guard against money laundering       
   through financial institutions, each financial institution shall        
   establish anti-money laundering programs, including, at a minimum--     
    ``(A) the development of internal policies, procedures, and controls;  

       ``(B) the designation of an officer of the financial institution    
   responsible for compliance;                                             
    ``(C) an ongoing employee training program; and                        

    ``(D) an independent audit function to test programs.                  

       ``(2) Regulations.--The Secretary may, after consultation with the  
   appropriate Federal functional regulators (as defined in section 509 of 
   the Gramm-Leach-Bliley Act), prescribe minimum standards for programs   
   established under paragraph (1), and may exempt from the application of 
   those standards any financial institution that is not subject to the    
   provisions of the regulations contained in part 103 of title 31, of the 
   Code of Federal Regulations, as in effect on the date of the enactment  
   of the Financial Anti-Terrorism Act of 2001, or any successor to such   
   regulations, for so long as such financial institution is not subject to
   the provisions of such regulations.''.                                  

     (b) Effective Date.--The amendment made by subsection (a) shall take 
  effect at the end of the 180-day period beginning on the date of the    
  enactment of this Act.                                                  

     (c) Date of Application of Regulations; Factors to Be Taken Into     
  Account.--Before the end of the 180-day period beginning on the date of 
  the enactment of this Act, the Secretary of the Treasury shall prescribe
  regulations to implement the amendment made by subsection (a). In       
  prescribing such regulations, the Secretary shall consider the extent to
  which the requirements imposed under such regulations are commensurate  
  with the size, location, and activities of the financial institutions to
  which such regulations apply.                                           
          SEC. 305. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.             

     Section 5318(h) of title 31, United States Code (as amended by       
  section 304) is amended by adding at the end the following:             
       ``(3) Concentration accounts.--The Secretary may prescribe          
   regulations under this subsection that govern maintenance of            
   concentration accounts by financial institutions, in order to ensure    
   that such accounts are not used to prevent association of the identity  
   of an individual customer with the movement of funds of which the       
   customer is the direct or beneficial owner, which regulations shall, at 
   a minimum--                                                             
       ``(A) prohibit financial institutions from allowing clients to      
   direct transactions that move their funds into, out of, or through the  
   concentration accounts of the financial institution;                    
       ``(B) prohibit financial institutions and their employees from      
   informing customers of the existence of, or the means of identifying,   
   the concentration accounts of the institution; and                      
       ``(C) require each financial institution to establish written       
   procedures governing the documentation of all transactions involving a  
   concentration account, which procedures shall ensure that, any time a   
   transaction involving a concentration account commingles funds belonging
   to 1 or more customers, the identity of, and specific amount belonging  
   to, each customer is documented.''.                                     

                    SEC. 306. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF MONEY
          LAUNDERING, FINANCIAL CRIMES, AND THE FINANCES OF TERRORIST GROUPS.     
   (a)  Negotiations.--                                                   

       (1) In general.--In addition to the requirements of section 4702 of 
   the Anti-Drug Abuse Act of 1988, the Secretary of the Treasury          
   (hereinafter in this section referred to as the ``Secretary''), in      
   consultation with the Attorney General, the Secretary of State, and the 
   Board of Governors of the Federal Reserve System, shall enter into      
   negotiations with the appropriate financial supervisory agencies and    
   other officials of any foreign country the financial institutions of    
   which do business with United States financial institutions or which may
   be utilized by any foreign terrorist organization (as designated under  
   section 219 of the Immigration and Nationality Act), any person who is a
   member or representative of any such organization, or any person engaged
   in money laundering or financial or other crimes.                       
       (2) Purposes of negotiations.--In carrying out negotiations under   
   paragraph (1), the Secretary shall seek to enter into and further       
   cooperative efforts, voluntary information exchanges, the use of letters
   rogatory, mutual legal assistance treaties, and international agreements
   to--                                                                    
       (A) ensure that foreign banks and other financial institutions      
   maintain adequate records of--                                          
    (i) large United States currency transactions; and                     

       (ii) transaction and account information relating to any foreign    
   terrorist organization (as designated under section 219 of the          
   Immigration and Nationality Act), any person who is a member or         
   representative of any such organization, or any person engaged in money 
   laundering or financial or other crimes; and                            
       (B) establish a mechanism whereby such records may be made available
   to United States law enforcement officials and domestic financial       
   institution supervisors, when appropriate.                              
   (b)  Reports.--                                                        

       (1) Interim report.--Not later than 1 year after the date of the    
   enactment of this Act, the Secretary shall submit an interim report to  
   the Congress on progress in the negotiations under subsection (a).      
       (2) Final report.--Not later than 2 years after the date of the     
   enactment of this Act, the Secretary shall submit a final report to the 
   President and the Congress, on the outcome of negotiations under        
   subsection (a).                                                         
       (3) Identification of certain countries.--In the report submitted   
   under paragraph (2), the Secretary shall identify countries--           
       (A) with respect to which the Secretary determines there is evidence
   that the financial institutions in such countries are being utilized,   
   knowingly or unwittingly, by any foreign terrorist organization (as     
   designated under section 219 of the Immigration and Nationality Act),   
   any person who is a member or representative of any such organization,  
   or any person engaged in money laundering or financial or other crimes; 
   and                                                                     
       (B) which have not reached agreement with United States authorities 
   to meet the objectives of subparagraphs (A) and (B) of subsection       
   (a)(2).                                                                 
   (c)  Authority for Other Action.--                                     

    (1)  In general.--If the President determines that--                   

       (A) a foreign country is described in subparagraphs (A) and (B) of  
   subsection (b)(3); and                                                  
    (B) such country--                                                     

       (i) is not negotiating in good faith to reach an agreement described
   in subsection (a)(2); or                                                

       (ii) or a financial institution of such country, has not complied   
   with a request, made by an official of the United States Government     
   authorized to make such request, for information regarding a foreign    
   terrorist organization (as designated under section 219 of the          
   Immigration and Nationality Act), a person who is a member or           
   representative of any such organization, or a person engaged in money   
   laundering for or with any such organization,                           
      the President may impose appropriate penalties and sanctions on such 
   country and, except as provided in paragraph (3), financial institutions
   of such country.                                                        
       (2) Penalties and sanctions.--The penalties and sanctions which may 
   be imposed by the President under paragraph (1) include temporarily or  
   permanently--                                                           
       (A) prohibiting such persons, institutions, or other entities as the
   President may designate in any such country from participating in any   
   United States dollar clearing or wire transfer system; and              
       (B) prohibiting such persons, institutions or entities as the       
   President may designate in such countries from maintaining an account   
   with any bank or other financial institution chartered under the laws of
   the United States or any State.                                         
       (3) Exemption for certain financial institutions.--Financial        
   institutions that maintain adequate records shall be exempt from such   
   penalties and sanctions.                                                
                    SEC. 307. PROHIBITION ON ACCEPTANCE OF ANY BANK INSTRUMENT FOR
          UNLAWFUL INTERNET GAMBLING.                                             
     (a) In General.--No person engaged in the business of betting or     
  wagering may knowingly accept, in connection with the participation of  
  another person in unlawful Internet gambling--                          
       (1) credit, or the proceeds of credit, extended to or on behalf of  
   such other person (including credit extended through the use of a credit
   card);                                                                  
       (2) an electronic fund transfer or funds transmitted by or through a
   money transmitting business, or the proceeds of an electronic fund      
   transfer or money transmitting service, from or on behalf of the other  
   person;                                                                 
       (3) any check, draft, or similar instrument which is drawn by or on 
   behalf of the other person and is drawn on or payable at or through any 
   financial institution; or                                               
       (4) the proceeds of any other form of financial transaction as the  
   Secretary may prescribe by regulation which involves a financial        
   institution as a payor or financial intermediary on behalf of or for the
   benefit of the other person.                                            
     (b) Definitions.--For purposes of this Act, the following definitions
  shall apply:                                                            
    (1)  Bets or wagers.--The term ``bets or wagers''--                    

       (A) means the staking or risking by any person of something of value
   upon the outcome of a contest of others, a sporting event, or a game    
   subject to chance, upon an agreement or understanding that the person or
   another person will receive something of greater value than the amount  
   staked or risked in the event of a certain outcome;                     
       (B) includes the purchase of a chance or opportunity to win a       
   lottery or other prize (which opportunity to win is predominantly       
   subject to chance);                                                     
       (C) includes any scheme of a type described in section 3702 of title
   28, United States Code;                                                 
       (D) includes any instructions or information pertaining to the      
   establishment or movement of funds in an account by the bettor or       
   customer with the business of betting or wagering; and                  
    (E) does not include--                                                 

       (i) any activity governed by the securities laws (as that term is   
   defined in section 3(a)(47) of the Securities Exchange Act of 1934) for 
   the purchase or sale at a future date of securities (as that term is    
   defined in section 3(a)(10) of such Act);                               
       (ii) any transaction on or subject to the rules of a contract market
   designated pursuant to the Commodity Exchange Act;                      
    (iii) any over-the-counter derivative instrument;                      

    (iv) any contract of indemnity or guarantee;                           

    (v) any contract for insurance;                                        

       (vi) any deposit or other transaction with a depository institution 
   (as defined in section 3(c) of the Federal Deposit Insurance Act);      
       (vii) any participation in a simulation sports game or an           
   educational game or contest that--                                      
         (I) is not dependent solely on the outcome of any single sporting  
    event or nonparticipant's singular individual performance in any single 
    sporting event;                                                         
         (II) has an outcome that reflects the relative knowledge and skill 
    of the participants with such outcome determined predominantly by       
    accumulated statistical results of sporting events; and                 
         (III) offers a prize or award to a participant that is established 
    in advance of the game or contest and is not determined by the number of
    participants or the amount of any fees paid by those participants; and  
    (viii) any transaction with a business licensed by a State.            

       (2) Business of betting or wagering.--The term ``business of betting
   or wagering'' does not include, other than for purposes of subsection   
   (e), any creditor, credit card issuer, insured depository institution,  
   financial institution, operator of a terminal at which an electronic    
   fund transfer may be initiated, money transmitting business, or         
   international, national, regional, or local network utilized to effect a
   credit transaction, electronic fund transfer, stored value product      
   transaction, or money transmitting service, or any participant in such  
   network.                                                                
       (3) Internet.--The term ``Internet'' means the international        
   computer network of interoperable packet switched data networks.        
       (4) Unlawful internet gambling.--The term ``unlawful Internet       
   gambling'' means to place, receive, or otherwise transmit a bet or wager
   by any means which involves the use, at least in part, of the Internet  
   where such bet or wager is unlawful under any applicable Federal or     
   State law in the State in which the bet or wager is initiated, received,
   or otherwise made.                                                      
    (5)  Other terms.--                                                    

       (A) Credit; creditor; and credit card.--The terms ``credit'',       
   ``creditor'', and ``credit card'' have the meanings given such terms in 
   section 103 of the Truth in Lending Act.                                
    (B)  Electronic fund transfer.--The term ``electronic fund transfer''--

       (i) has the meaning given such term in section 903 of the Electronic
   Fund Transfer Act; and                                                  
       (ii) includes any fund transfer covered by Article 4A of the Uniform
   Commercial Code, as in effect in any State.                             
       (C) Financial institution.--The term ``financial institution'' has  
   the meaning given such term in section 903 of the Electronic Fund       
   Transfer Act.                                                           
       (D) Money transmitting business and money transmitting service.--The
   terms ``money transmitting business'' and ``money transmitting service''
   have the meanings given such terms in section 5330(d) of title 31,      
   United States Code.                                                     
       (E) Secretary.--The term ``Secretary'' means the Secretary of the   
   Treasury.                                                               
   (c)  Civil Remedies.--                                                 

       (1) Jurisdiction.--The district courts of the United States shall   
   have original and exclusive jurisdiction to prevent and restrain        
   violations of this section by issuing appropriate orders in accordance  
   with this section, regardless of whether a prosecution has been         
   initiated under this section.                                           
    (2)  Proceedings.--                                                    

    (A)  Institution by federal government.--                              

       (i) In general.--The United States, acting through the Attorney     
   General, may institute proceedings under this subsection to prevent or  
   restrain a violation of this section.                                   
       (ii) Relief.--Upon application of the United States under this      
   subparagraph, the district court may enter a preliminary injunction or  
   an injunction against any person to prevent or restrain a violation of  
   this section, in accordance with Rule 65 of the Federal Rules of Civil  
   Procedure.                                                              
    (B)  Institution by state attorney general.--                          

       (i) In general.--The attorney general of a State (or other          
   appropriate State official) in which a violation of this section        
   allegedly has occurred or will occur may institute proceedings under    
   this subsection to prevent or restrain the violation.                   
       (ii) Relief.--Upon application of the attorney general (or other    
   appropriate State official) of an affected State under this             
   subparagraph, the district court may enter a preliminary injunction or  
   an injunction against any person to prevent or restrain a violation of  
   this section, in accordance with Rule 65 of the Federal Rules of Civil  
   Procedure.                                                              
    (C)  Indian lands.--                                                   

       (i) In general.--Notwithstanding subparagraphs (A) and (B), for a   
   violation that is alleged to have occurred, or may occur, on Indian     
   lands (as that term is defined in section 4 of the Indian Gaming        
   Regulatory Act)--                                                       
         (I) the United States shall have the enforcement authority provided
    under subparagraph (A);                                                 
         (II) the enforcement authorities specified in an applicable        
    Tribal-State compact negotiated under section 11 of the Indian Gaming   
    Regulatory Act shall be carried out in accordance with that compact; and
         (III) class III Internet gaming activities shall be lawful only if 
    such activities are--                                                   
     (aa) located in a State that permits Internet gambling;                

         (bb) conducted in conformance with a tribal-State compact pursuant 
    to section 11(d)(3) of the Indian Gaming Regulatory Act; and            
         (cc) the person placing or transmitting the wager or bet is located
    in a jurisdiction that permits Internet gambling.                       
       (ii) Rule of construction.--No provision of this section shall be   
   construed as altering, superseding, or otherwise affecting the          
   application of the Indian Gaming Regulatory Act.                        
       (D) Banking regulators.--Before initiating any proceeding under this
   paragraph with respect to a violation or potential violation of         
   subsection (e) by an insured depository institution (as defined in      
   section 3 of the Federal Deposit Insurance Act), the Attorney General of
   the United States or an attorney general of a State (or other           
   appropriate State official) shall--                                     
       (i) notify the appropriate Federal banking agency (as defined in    
   such section) of such violation or potential violation; and             
       (ii) allow such agency a reasonable time to issue an order to such  
   insured depository institution under section 8(x) of the Federal Deposit
   Insurance Act.                                                          
       (3) Expedited proceedings.--In addition to any proceeding under     
   paragraph (2), a district court may, in exigent circumstances, enter a  
   temporary restraining order against a person alleged to be in violation 
   of this section upon application of the United States under paragraph   
   (2)(A), or the attorney general (or other appropriate State official) of
   an affected State under paragraph (2)(B), in accordance with Rule 65(b) 
   of the Federal Rules of Civil Procedure.                                
       (4) Limitation.--No provision of this section shall be construed as 
   authorizing an injunction against an interactive computer service (as   
   defined in section 230(f) of the Communications Act of 1934) unless such
   interactive computer service is acting in concert or participation with 
   a person who violates this section and such service receives actual     
   notice of the order.                                                    
   (d)  Criminal Penalty.--                                               

       (1) In general.--Whoever violates this section shall be fined under 
   title 18, United States Code, or imprisoned for not more than 5 years,  
   or both.                                                                
       (2) Permanent injunction.--Upon conviction of a person under this   
   subsection, the court may enter a permanent injunction enjoining such   
   person from placing, receiving, or otherwise making bets or wagers or   
   sending, receiving, or inviting information assisting in the placing of 
   bets or wagers.                                                         
     (e) Circumventions Prohibited.--Notwithstanding subsection (b)(2), a 
  creditor, credit card issuer, financial institution, operator of a      
  terminal at which an electronic fund transfer may be initiated, money   
  transmitting business, or international, national, regional, or local   
  network utilized to effect a credit transaction, electronic fund        
  transfer, or money transmitting service, or any participant in such     
  network, may be liable under this section if such creditor, issuer,     
  institution, operator, business, network, or participant has actual     
  knowledge and control of bets and wagers--                              
       (1) operates, manages, supervises, or directs an Internet website at
   which unlawful bets or wagers may be placed, received, or otherwise made
   or at which unlawful bets or wagers are offered to be placed, received, 
   or otherwise made; or                                                   
       (2) owns or controls, or is owned or controlled by, any person who  
   operates, manages, supervises, or directs an Internet website at which  
   unlawful bets or wagers may be placed, received, or otherwise made or at
   which unlawful bets or wagers are offered to be placed, received, or    
   otherwise made.                                                         
     (f) Enforcement Actions.--Section 8 of the Federal Deposit Insurance 
  Act (12 U.S.C. 1818) is amended by adding at the end the following new  
  subsection:                                                             
     ``(x) Depository Institution Involvement in Internet Gambling.--If   
  any appropriate Federal banking agency determines that any insured      
  depository institution is engaged in any of the following activities,   
  the agency may issue an order to such institution prohibiting such      
  institution from continuing to engage in any of the following           
  activities:                                                             
       ``(1) Extending credit, or facilitating an extension of credit,     
   electronic fund transfer, or money transmitting service with the actual 
   knowledge that any person is violating section 3(a) of the Unlawful     
   Internet Gambling Funding Prohibition Act in connection with such       
   extension of credit, electronic fund transfer, or money transmitting    
   service.                                                                
       ``(2) Paying, transferring, or collecting on any check, draft, or   
   other instrument drawn on any depository institution with the actual    
   knowledge that any person is violating section 3(a) of the Unlawful     
   Internet Gambling Funding Prohibition Act in connection with such check,
   draft, or other instrument.''.                                          
          SEC. 308. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS.        

     (a) In General.--In deliberations between the United States          
  Government and any other country on money laundering, corruption, and   
  crime issues, the United States Government should--                     
       (1) encourage cooperation by foreign governments and relevant       
   international fora in identifying whether Internet gambling operations  
   are being used for money laundering, corruption, or other crimes;       
       (2) advance policies that promote the cooperation of foreign        
   governments, through information sharing or other measures, in the      
   enforcement of this Act; and                                            
       (3) encourage the Financial Action Task Force on Money Laundering,  
   in its annual report on money laundering typologies, to study the extent
   to which Internet gambling operations are being used for money          
   laundering.                                                             
     (b) Report Required.--The Secretary of the Treasury shall submit an  
  annual report to the Congress on the deliberations between the United   
  States and other countries on issues relating to Internet gambling.     
           TITLE IV--CURRENCY PROTECTION                                           

          SEC. 401. COUNTERFEITING DOMESTIC CURRENCY AND OBLIGATIONS.             

     (a) Counterfeit Acts Committed Outside the United States.--Section   
  470 of title 18, United States Code, is amended--                       
       (1) in paragraph (2), by inserting ``analog, digital, or electronic 
   image,'' after ``plate, stone,''; and                                   
       (2) by striking ``shall be fined under this title, imprisoned not   
   more than 20 years, or both'' and inserting ``shall be punished as is   
   provided for the like offense within the United States''.               
     (b) Obligations or securities of the United States.--Section 471 of  
  title 18, United States Code, is amended by striking ``fifteen years''  
  and inserting ``20 years''.                                             
     (c) Uttering Counterfeit Obligations or Securities.--Section 472 of  
  title 18, United States Code, is amended by striking ``fifteen years''  
  and inserting ``20 years''.                                             
     (d) Dealing in Counterfeit Obligations or Securities.--Section 473 of
  title 18, United States Code, is amended by striking ``ten years'' and  
  inserting ``20 years''.                                                 
     (e) Plates, Stones, or Analog, Digital, or Electronic Images For     
  Counterfeiting Obligations or Securities.--                             
       (1) In general.--Section 474(a) of title 18, United States Code, is 
   amended by inserting after the second paragraph the following new       
   paragraph:                                                              
     ``Whoever, with intent to defraud, makes, executes, acquires, scans, 
  captures, records, receives, transmits, reproduces, sells, or has in    
  such person's control, custody, or possession, an analog, digital, or   
  electronic image of any obligation or other security of the United      
  States; or''.                                                           
       (2) Amendment to definition.--Section 474(b) of title 18, United    
   States Code, is amended by striking the first sentence and inserting the
   following new sentence: ``For purposes of this section, the term        
   `analog, digital, or electronic image' includes any analog, digital, or 
   electronic method used for the making, execution, acquisition, scanning,
   capturing, recording, retrieval, transmission, or reproduction of any   
   obligation or security, unless such use is authorized by the Secretary  
   of the Treasury.''.                                                     
       (3) Technical and conforming amendment.--The heading for section 474
   of title 18, United States Code, is amended by striking `` or stones''  
   and inserting `` , stones, or analog, digital, or electronic images''.  
       (4) Clerical amendment.--The table of sections for chapter 25 of    
   title 18, United States Code, is amended in the item relating to section
   474 by striking ``or stones'' and inserting ``, stones, or analog,      
   digital, or electronic images''.                                        
     (f) Taking Impressions of Tools Used for Obligations or              
  Securities.--Section 476 of title 18, United States Code, is amended--  
       (1) by inserting ``analog, digital, or electronic image,'' after    
   ``impression, stamp,''; and                                             
    (2) by striking ``ten years'' and inserting ``25 years''.              

     (g) Possessing or Selling Impressions of Tools Used for Obligations  
  or Securities.--Section 477 of title 18, United States Code, is         
  amended--                                                               
       (1) in the first paragraph, by inserting ``analog, digital, or      
   electronic image,'' after ``imprint, stamp,'';                          
       (2) in the second paragraph, by inserting ``analog, digital, or     
   electronic image,'' after ``imprint, stamp,''; and                      
       (3) in the third paragraph, by striking ``ten years'' and inserting 
   ``25 years''.                                                           
     (h) Connecting Parts of Different Notes.--Section 484 of title 18,   
  United States Code, is amended by striking ``five years'' and inserting 
  ``10 years''.                                                           
     (i) Bonds and Obligations of Certain Lending Agencies.--The first and
  second paragraphs of section 493 of title 18, United States Code, are   
  each amended by striking ``five years'' and inserting ``10 years''.     
          SEC. 402. COUNTERFEITING FOREIGN CURRENCY AND OBLIGATIONS.              

     (a) Foreign Obligations or Securities.--Section 478 of title 18,     
  United States Code, is amended by striking ``five years'' and inserting 
  ``20 years''.                                                           
     (b) Uttering Counterfeit Foreign Obligations or Securities.--Section 
  479 of title 18, United States Code, is amended by striking ``three     
  years'' and inserting ``20 years''.                                     
     (c) Possessing Counterfeit Foreign Obligations or                    
  Securities.--Section 480 of title 18, United States Code, is amended by 
  striking ``one year'' and inserting ``20 years''.                       
     (d) Plates, Stones, or Analog, Digital, or Electronic Images for     
  Counterfeiting Foreign Obligations or Securities.--                     
       (1) In general.--Section 481 of title 18, United States Code, is    
   amended by inserting after the second paragraph the following new       
   paragraph:                                                              
     ``Whoever, with intent to defraud, makes, executes, acquires, scans, 
  captures, records, receives, transmits, reproduces, sells, or has in    
  such person's control, custody, or possession, an analog, digital, or   
  electronic image of any bond, certificate, obligation, or other security
  of any foreign government, or of any treasury note, bill, or promise to 
  pay, lawfully issued by such foreign government and intended to         
  circulate as money; or''.                                               
       (2) Increased sentence.--The last paragraph of section 481 of title 
   18, United States Code, is amended by striking ``five years'' and       
   inserting ``25 years''.                                                 
       (3) Technical and conforming amendment.--The heading for section 481
   of title 18, United States Code, is amended by striking `` or stones''  
   and inserting `` , stones, or analog, digital, or electronic images''.  
       (4) Clerical amendment.--The table of sections for chapter 25 of    
   title 18, United States Code, is amended in the item relating to section
   481 by striking ``or stones'' and inserting ``, stones, or analog,      
   digital, or electronic images''.                                        
     (e) Foreign Bank Notes.--Section 482 of title 18, United States Code,
  is amended by striking ``two years'' and inserting ``20 years''.        
     (f) Uttering Counterfeit Foreign Bank Notes.--Section 483 of title   
  18, United States Code, is amended by striking ``one year'' and         
  inserting ``20 years''.                                                 
          SEC. 403. PRODUCTION OF DOCUMENTS.                                      

     Section 5114(a) of title 31, United States Code (relating to         
  engraving and printing currency and security documents), is amended--   
    (1) by striking ``(a) The Secretary of the Treasury'' and inserting:   

   ``(a)  Authority To Engrave and Print.--                               

    ``(1)  In general.--The Secretary of the Treasury''; and               

    (2) by adding at the end the following new paragraph:                  

       ``(2) Engraving and printing for other governments.--The Secretary  
   of the Treasury may, if the Secretary determines that it will not       
   interfere with engraving and printing needs of the United States,       
   produce currency, postage stamps, and other security documents for      
   foreign governments, subject to a determination by the Secretary of     
   State that such production would be consistent with the foreign policy  
   of the United States.''.                                                
          SEC. 404. REIMBURSEMENT.                                                

     Section 5143 of title 31, United States Code (relating to payment for
  services of the Bureau of Engraving and Printing), is amended--         
       (1) in the first sentence, by inserting ``, any foreign government, 
   or any territory of the United States'' after ``agency'';               
       (2) in the second sentence, by inserting ``and other'' after        
   ``administrative''; and                                                 
       (3) in the last sentence, by inserting ``, foreign government, or   
   territory of the United States'' after ``agency''.                      

                                    PURPOSE AND SUMMARY                           

      H.R. 3004, the Financial Anti-Terrorism Act of 2001, provides the    
   United States government with new tools to combat the financing of      
   terrorism and other financial crimes. The legislation contains          
   provisions to strengthen law enforcement authorities, as well as enhance
   public-private cooperation between government and industry in disrupting
   terrorist funding.                                                      
      The bill (1) makes it a crime to smuggle over $10,000 into or out of 
   the United States, and to transport more than $10,000 in criminal       
   proceeds across State lines; (2) gives the Justice Department new       
   prosecutorial tools to combat terrorist-related and other money         
   laundering through U.S. financial institutions; (3) provides statutory  
   authorization for the Financial Crimes Enforcement Network (FinCEN),    
   which analyzes reports filed by financial institutions on currency      
   transactions and suspicious financial activity; (4) sets up a unit in   
   FinCEN directed at oversight and analysis of hawalas and other          
   underground black market banking systems; (5) authorizes the Customs    
   Service to inspect outbound international mail; (6) makes it a crime to 
   knowingly falsify one's identity in opening an account at a financial   
   institution and directs the Treasury to develop regulations to guide    
   financial institutions in identifying account holders; (7) directs the  
   Treasury Department to establish a secure web site to receive electronic
   filings of Suspicious Activity Reports (SARs) and provide financial     
   institutions with alerts and other information regarding patterns of    
   terrorist or other suspicious activity that warrant enhanced scrutiny;  
   (8) requires the Secretary of the Treasury to report quarterly to       
   industry on how SARs are used to assist law enforcement in combating    
   terrorism and other crimes; (10) authorizes intelligence agency access  
   to reports filed by financial institutions and expands government access
   to consumer financial records and credit histories; (11) creates a      
   public-private task force on terrorist financing; (12) sets a December  
   31, 2001, deadline for proposed regulations on SAR reporting            
   requirements for broker-dealers and authorizes the Department of the    
   Treasury to require SARs of certain commodity futures traders; (13)     
   authorizes the Secretary of the Treasury to impose ``special measures'' 
   if a foreign country, financial institution, transaction, or account is 
   deemed to be a ``primary money laundering concern''; (14) prohibits U.S.
   financial institutions from providing banking services to ``shell''     
   banks that have no physical presence in any country nor any affiliation 
   with a financial institution; (15) requires greater due diligence for   
   certain correspondent and private banking accounts; (16) authorizes     
   Treasury to regulate concentration accounts; (17) requires financial    
   institutions to have anti-money laundering programs; (18) authorizes the
   President to impose certain sanctions (including limiting access to the 
   U.S. financial system) against foreign governments that refuse to       
   cooperate in law enforcement efforts against terrorism and money        
   laundering; (19) prohibits the use of financial instruments for unlawful
   Internet gambling; and (20) updates U.S. anti-counterfeiting laws.      
                            BACKGROUND AND NEED FOR LEGISLATION                   

      In the wake of the September 11, 2001, terrorist attacks on the World
   Trade Center and the Pentagon, the financial transactions and           
   infrastructure associated with the terrorists have received extensive   
   coverage. Early reports revealed that terrorist operatives used         
   thousands of dollars in cash for expensive flight school training, paid 
   their rent with checks drawn on local American banks, bought airline    
   tickets over the Internet with credit cards, and engaged in numerous    
   other financial transactions. Although the hijackers are suspected to   
   have underwritten much of their low-budget operation from funds         
   generated in the United States, perhaps by petty financial crime,       
   experts suspect that at least some of the seed money may have originated
   overseas from Osama Bin Laden's organization, Al Qaeda.                 
      According to press reports, Mr. Bin Laden's financial net worth may  
   be as high as $300 million. His fortune derives from an inheritance from
   his wealthy Saudi family and from revenue generated by a far-flung      
   business empire engaged in everything from construction and agriculture 
   to banking and trade. Witnesses at the trial earlier this year of       
   terrorists responsible for the U.S. embassy bombings in Africa described
   Mr. Bin Laden's banking relationship with Al Shamal Islamic Bank in the 
   Sudan. Mr. Bin Laden also reportedly enjoys financial support from      
   Persian Gulf businessmen as well as from front organizations posing as  
   Islamic charities.                                                      
      Despite evidence suggesting Mr. Bin Laden and Al Qaeda utilize formal
   banking relationships as part of their global financial network, experts
   believe that a major share of terrorist financing is conducted through  
   international cash couriers as well as through informal banking systems,
   like the ancient South Asian money exchange system called hawala. The   
   latter consists of an international network of non-bank financial       
   agents, often built on trusted family or cultural relationships. In most
   cases, the funds themselves are never transferred, just messages        
   relating to receipt or disbursement of funds. These underground systems 
   are exploited by terrorists and other financial criminals because of the
   lack of record-keeping and opportunity for anonymity.                   
      Immediately after the September 11 terrorist attacks, the            
   Administration mounted an aggressive strategy to track and disrupt the  
   financial networks that sustain international terrorism. On September   
   14, 2001, the Treasury Department announced the creation of a Foreign   
   Terrorist Asset Tracking Center (FTAT) in Treasury's Office of Foreign  
   Asset Control (OFAC). On September 24, vowing that ``we will starve     
   terrorists of funding,'' the President issued Executive Order 13224     
   under the International Emergency Economic Powers Act (IEEPA), directing
   Treasury to freeze any U.S. assets of, and prohibit any financial       
   transactions with, twenty-seven individuals and organizations including 
   Mr. Bin Laden, his top subordinates, Al Qaeda, and business and         
   charitable entities providing support to Al Qaeda. The Executive Order  
   was broader than previous orders, most notably by authorizing the       
   blocking of U.S. assets of foreign banks that refuse to freeze terrorist
   assets abroad. On October 12, the Administration added 39 more          
   individuals and entities to the blocking list.                          
      In addition to the OFAC order, Federal regulators advised U.S. banks 
   and other financial institutions to search their records for any        
   transactions associated with the FBI's list of 19 hijacking suspects,   

                    and Treasury's Financial Crimes Enforcement Network (FinCEN)  
          established a 24-hour hotline for banks and other financial institutions
          to report suspicious transactions that may be related to terrorist      
          activity against the United States. To further bolster its efforts to   
          disrupt terrorist financing, Treasury is accelerating the implementation
          of registration and suspicious activity reporting (SAR) requirements for
          non-bank financial institutions, including hawala. At the international 
          level, the Administration has been working with the G 8 countries and   
          the United Nations to tackle the financial underpinnings of terrorism.  
          Several allies, including Switzerland and Britain, have already frozen  
          accounts of suspected terrorists and, on September 28, the U.N. Security
          Council unanimously passed a U.S.-drafted resolution directing all      
          member nations to freeze the assets of terrorists and to prohibit all   
          financial support to terrorist organizations. All countries were urged  
          to report to the Security Council within 90 days on steps they have     
          taken to implement the resolution.                                      
      Despite the provisions of the 1970 Bank Secrecy Act and various money
   laundering laws enacted since, the current money laundering regime      
   appears to have been ineffective in detecting or preventing the         
   terrorist hijackers from operating freely in the United States. For     
   example, current law requires that U.S. banks file Currency Transaction 
   Reports (CTRs) for financial transactions in excess of $10,000, and     
   Suspicious Activity Reports (SARs) for potentially criminal financial   
   transactions of $5,000 or more. The evidence gathered thus far indicates
   that these thresholds exceeded many of the reported financial           
   transactions of the terrorists. Even the Currency or Monetary Instrument
   Reports (CMIRs) which must be filed by any person transporting more than
   $10,000 into or out of the United States may have proved futile in      
   detecting any large cash flows through U.S. ports of entry.             
      At the Committee's October 3, 2001, hearing on terrorist funding,    
   Treasury Under Secretary Gurule testified how Al Qaeda operatives ``use 
   checks, credit cards, ATM cards, and wire-transfer systems and brokerage
   accounts throughout the world, including the U.S.'' He explained how    
   some Islamic charities have been penetrated and their fund-raising      
   activities exploited by terrorists. He also testified that Al Qaeda uses
   banks, legal businesses, front companies, and underground financial     
   systems to finance the organization's activities, and that some elements
   of the organization rely on profits from the drug trade. Under Secretary
   Gurule outlined the steps U.S. officials are taking to address financial
   networks and transactions that support terrorism including: (1)         
   investigating terrorist organizations and their supporters; (2)         
   identifying assets to be blocked; (3) figuring out the methods          
   terrorists use to move funds for operational support; (4) identifying   
   the gaps in U.S. law enforcement and regulatory regimes that terrorists 
   exploit in order to move funds; (5) sharing information with law        
   enforcement agencies and other organizations around the world; and (6)  
   utilizing the powers of existing laws and regulations, such as the      
   International Emergency Economic Powers Act, the Bank Secrecy Act, and  
   the Anti-Terrorism Act, to deprive terrorists of access to any funds or 
   other financial assets in the United States.                            
      In testimony presented on behalf of Assistant Attorney General       
   Michael Chertoff, Deputy Assistant Attorney General Mary Lee Warren     
   warned that ``we are fighting with outdated weapons in the money        
   laundering arena today.'' She described money laundering as an          
   increasingly global problem involving cross-border smuggling of bulk    
   cash and the international electronic transfer of funds enabling        
   criminals in one country to conceal their funds in another.             
      Mr. Dennis Lormel, Chief of the Financial Crimes Section of the      
   Federal Bureau of Investigation's (FBI's) Criminal Investigations       
   Division expressed support for the money laundering legislation proposed
   by the Administration and described the Bureau's concerns regarding     
   vulnerabilities in the current financial system which facilitate        
   movement of terrorist funds. Like Ms. Warren, he warned that terrorist  
   and other criminal organizations ``rely heavily upon wire transfers''   
   and called for greater transparency in the originators of such funds.   
   Mr. Lormel also cited correspondent banking as another ``potential      
   vulnerability in the financial services sector that can offer terrorist 
   organizations a gateway into U.S. banks,'' and called for banks to      
   ``more thoroughly screen and monitor foreign banks as clients.'' He also
   warned of the problems associated with nonbank financial institutions,  
   so-called ``Money Services Businesses'' (MSBs), which terrorists are    
   able to exploit because of heretofore inadequate regulation.            
      Industry witnesses from the American Bankers Association and the     
   Securities Industry Association discussed their current efforts to      
   cooperate with law enforcement to stop terrorist funding and outlined   
   some of the obstacles they are encountering in that endeavor. Both      
   called for enhanced efforts to strengthen the ongoing public-private    
   partnership.                                                            
      Former Deputy Secretary of Treasury Stuart Eizenstat underscored the 
   need for new tools to deal in a ``measured, precise, and cost-effective 
   way with particular money laundering threats,'' and endorsed legislation
   passed by the House Banking Committee in the last Congress and          
   reintroduced in the 107th Congress as H.R. 1114. Finally, money         
   laundering expert John Moynihan of BERG Associates noted that the       
   ``Achilles heel of any criminal organization is its financial           

                    infrastructure'' and described in detail how underground      
          ``black market banking'' operations--like hawala systems--are used by   
          criminals to finance their trade.                                       
       Bulk Cash Smuggling.-- As recent Congressional hearings have        
   demonstrated, currency smuggling is an extremely serious law enforcement
   problem. Hundreds of millions of dollars in U.S. currency-representing  
   the proceeds of drug trafficking and other criminal offenses--is        
   annually transported out of the United States to foreign countries in   
   shipments of bulk cash. Smugglers use all available means to transport  
   the currency out of the country, from false bottoms in personal luggage,
   to secret compartments in automobiles, to concealment in durable goods  
   exported for sale abroad.                                               
      Even more serious, press reports indicate that persons involved in   
   planning and perpetrating terrorist acts in the United States may have  
   smuggled currency into the United States from abroad.                   
      Presently, the only law enforcement weapon against such smuggling is 
   section 5316 of title 31, United States Code, which makes it an offense 
   to transport more than $10,000 in currency or monetary instruments into,
   or out of, the United States without filing a report with the United    
   States Customs Service. The effectiveness of section 5316 as a law      
   enforcement tool has been diminished, however, by a recent Supreme Court
   decision. In United States v. Bajakajian, 118 S. Ct. 2028 (1998), the   
   Supreme Court held that section 5316 constitutes a mere reporting       
   violation, which is not a serious offense for purposes of the Excessive 
   Fines Clause of the Eighth Amendment. Accordingly, confiscation of the  
   full amount of the smuggled currency is unconstitutional, even if the   
   smuggler took elaborate steps to conceal the currency and otherwise     
   obstruct justice.                                                       
      Confiscation of the smuggled currency is, of course, the most        
   effective weapon that can be employed against currency smugglers.       
   Accordingly, in response to the Bajakajian decision, the Department of  
   Justice proposed making the act of bulk cash smuggling itself a criminal
   offense, and to authorize the imposition of the full range of civil and 
   criminal sanctions when the offense is discovered. Because the act of   
   concealing currency for the purpose of smuggling it out of the United   
   States is inherently more serious than simply failing to file a Customs 
   report, strong and meaningful sanctions, such as confiscation of the    
   smuggled currency, are likely to withstand Eighth Amendment challenges  
   to the new statute.                                                     
      The Committee felt that this proposal would be an important weapon in
   the arsenal against terrorism, and included these provisions in the     
   legislation.                                                            
       Interstate Currency Couriers.-- An essential component of the money 
   laundering cycle in drug cases is the consolidation of cash proceeds of 
   drug sales at a collection point. Typically, money-laundering           
   organizations employ couriers to pick-up cash at various locations and  
   transport it to another location. A number of recent cases illustrate   
   this process. See United States v. $141,770.00 in U.S. Currency, 157    
   F.3d 600 (8th Cir. 1998) (currency packaged in three-layers of zip-lock 
   bags wrapped in fabric-softener sheets found in hidden vehicle          
   compartment); United States v. $189,825.00 in U.S. Currency, 8 F.       
   Supp.2d 1300 (N.D. Okla. 1998) (currency bundled and hidden in gas      
   tank); United States v. $206,323.56 in U.S. Currency, 998 F. Supp. 693  
   (S.D. W. Va. 1998) (courier flees during highway stop when drug dog     
   detects concealed currency); United States v. $94,010 U.S. Currency,    
   1998 WL 567837 (W.D.N.Y. 1998) (currency concealed in false             
   compartment).                                                           
      The common elements in these cases include the transportation of a   
   large quantity of currency, bundled in street denominations and         
   concealed in a vehicle, on an interstate or other major highway, by a   
   person or persons who disclaim any knowledge of where the currency came 
   from or where it is to be delivered. Yet under current law, the person  
   transporting the currency may not be guilty of any money laundering     
   offense. See United States v. Puig-Infante, 19 F.3d 929 (5th Cir. 1994) 
   (simply transporting drug proceeds from Fla. to Tex. not a money        
   laundering offense).                                                    
      Having the tools to stop interstate currency smuggling is            
   particularly important in terrorism cases because terrorists, as press  
   reports reveal, engage in a form of reverse money laundering: instead of
   conducting transactions to conceal or disguise criminal proceeds,       
   terrorists transport funds from seemingly legitimate sources, but with  
   the intent to use those funds for an illegal purpose. Criminalizing such
   activity at the Federal level follows the example of the State of       
   Florida, which has made such transportation an offense under State money
   laundering laws. See Florida Statutes, section 896.101(b).              
       Improving Money Laundering Laws.-- The Committee's review of current
   law regarding money laundering revealed a number of shortcomings. For   
   instance, section 1956 of title 18, United States Code, makes it an     
   offense to conduct a transaction involving a financial institution if   
   the transaction involves criminally derived property. Similarly, 18     
   U.S.C. 1957 creates an offense relating to the deposit, withdrawal,     
   transfer or exchange of criminally derived funds ``by, to or through a  
   financial institution.'' For the purposes of both statutes, the term    
   ``financial institution'' is defined in 31 U.S.C. 5312. See 18 U.S.C.   
   1956(c)(6); 18 U.S.C. 1957(f).                                          

      The definition of ``financial institution'' in 5312 does not         
   explicitly include foreign banks. Such banks may well be covered because
   they fall within the meaning of ``commercial bank'' or other terms in   
   the statute, but as presently drafted, there is some confusion over     
   whether the government can rely on section 5312 to prosecute an offense 
   under either 1956 or 1957 involving a transaction through a foreign     
   bank, even if the offense occurs in part in the United States. For      
   example, if a person in the United States sends criminal proceeds       
   abroad--say to a Mexican bank--and launders them through a series of    
   financial transactions, the government conceivably could not rely on the
   definition of a ``financial institution'' in 1956(c)(6) to establish    
   that the transaction was a ``financial transaction'' within the meaning 
   of 1956(c)(4)(B) (defining a ``financial transaction'' as a transaction 
   involving the use of a ``financial institution''), or that it was a     
   ``monetary transaction'' within the meaning of 1957(f) (defining        
   ``monetary transaction'' as, inter alia, a transaction that would be a  
   ``financial transaction'' under 1956(c)(4)(B)).                         
      Similarly, the money laundering laws in effect in most countries     
   simply make it an offense to launder the proceeds of any crime, foreign 
   or domestic. In the United States, however, the money laundering statute
   is violated only when a person launders the proceeds of one of the      
   crimes set forth on a list of ``specified unlawful activities.'' 18     
   U.S.C. 1956(c)(7). Currently only a handful of foreign crimes appear on 
   that list. See 1956(c)(7)(B).                                           
      Most importantly, the Committee found significant shortcomings in the
   use of information already in possession of the government. Section     
   6050I of the Internal Revenue Code requires that any person engaged in a
   trade or business (other than financial institutions required to report 
   under the Bank Secrecy Act) file a report with the Federal government on
   cash transactions in excess of $10,000. Reports filed pursuant to this  
   requirement provide law enforcement authorities with a paper trail that 
   can, among other things, lead to the detection and prosecution of money 
   laundering activity.                                                    
      Under current law, non-financial institutions are required to report 
   cash transactions exceeding $10,000 to the Internal Revenue Service     
   (IRS) on IRS Form 8300. Because the requirement that such reports be    
   filed is contained in the Internal Revenue Code, Form 8300 information  
   is considered tax return information, and is subject to the procedural  
   and record-keeping requirements of section 6103 of the Internal Revenue 
   Code. For example, section 6103(p)(4)(E) requires agencies seeking Form 
   8300 information to file a report with the Secretary of the Treasury    
   that describes the procedures established and utilized by the agency for
   ensuring the confidentiality of the information. IRS requires that      
   agencies requesting Form 8300 information file a ``Safeguard Procedures 
   Report'' which must be approved by the IRS before any such information  
   can be released. For that reason, Federal, State and local law          
   enforcement agencies are not given access to the Form 8300s as Congress 
   anticipated when it last amended this statute. See 26 U.S.C.            
   6103(l)(15).                                                            
      While the IRS uses Form 8300 to identify individuals who may be      
   engaged in tax evasion, Form 8300 information can also be instrumental  
   in helping law enforcement authorities trace cash payments by drug      
   traffickers and other criminals for luxury cars, jewelry, and other     
   expensive merchandise. Because of the restrictions on their             
   dissemination outlined above, however, Form 8300s are not nearly as     
   accessible to law enforcement authorities as the various reports        
   mandated by the Bank Secrecy Act, which can typically be retrieved      
   electronically from a database maintained by the Treasury Department.   
   The differential access to the two kinds of reports is made anomalous by
   the fact that Form 8300 elicits much the same information that is       
   required to be disclosed by the Bank Secrecy Act. For example, just as  
   Form 8300 seeks the name, address, and social security number of a      
   customer who engages in a cash transaction exceeding $10,000 with a     
   trade or business, Currency Transaction Reports (CTRs) mandated by the  
   Bank Secrecy Act require the same information to be reported on a cash  
   transaction exceeding $10,000 between a financial institution and its   
   customer.                                                               
      The Committee believes that these are significant oversights, and has
   included provisions intended to address these shortcomings.             
       Internet Gambling.-- Among the subjects covered at the hearing was  
   offshore Internet gambling operations. The FBI, the Department of       
   Justice, and an investigator specializing in money laundering cases     
   testified that Internet gambling serves as a vehicle for money          
   laundering activities and can be exploited by terrorists to launder     
   money. The FBI currently has at least two pending cases involving       
   Internet gambling as a conduit for money laundering, as well as a number
   of pending cases linking Internet gambling to organized crime.          
      As the Committee learned at earlier Subcommittee hearings, unlike    
   casino gambling, State lotteries, and horse racing--which are highly    
   regulated, and legal when licensed by a particular State--Internet      
   gambling is illegal in most U.S. jurisdictions, and operates largely    
   from offshore sites that are outside the reach of U.S. regulators and   
   law enforcement. The National Gambling Impact Study Commission, in a    
   final report in June 1999, recommended that wire transfers to Internet  
   gambling sites or their banks be outlawed.                              

      The vast majority of an estimated 1,500 Internet gambling sites      
   operate offshore--outside the coverage of U.S. law. These ``virtual     
   casinos'' are free to misuse a bettor's credit card information or      
   manipulate the odds of a particular wager to the casino's advantage. The
   only effective way to curb these abuses is by implementing effective    
   civil remedies such as those contained in this legislation.             
       Summary. --In sum, H.R. 3004 is designed to supplement and reinforce
   existing U.S. money laundering laws by expanding the strategies the     
   United States can employ to combat international money laundering.      
   Numerous provisions in the bill have been drawn from anti-terrorism and 
   anti-money laundering legislation the Administration submitted to       
   Congress. In addition, the bill draws on provisions contained in H.R.   
   3886 from the 106th Congress, reintroduced as H.R. 1114 in this         
   Congress. Finally, the bill also incorporates bulk cash smuggling       
   language from H.R. 2920 and H.R. 2922, and H.R. 556 (similar to H.R.    
   4419 which was approved by the Committee on Banking and Financial       
   Services in the 106th Congress), which addresses Internet gambling.     
                                          HEARINGS                                

      The full Committee held a hearing on October 3, 2001, entitled       
   ``Dismantling the Financial Infrastructure of Global Terrorism'' to     
   examine the methods by which Osama Bin Laden, his terrorist organization
   Al Qaeda, and other terrorist organizations finance their operations.   
   Treasury Secretary Paul O'Neill and Under Secretary for Enforcement     
   Jimmy Gurule testified, as well as Mary Lee Warren, Deputy Assistant    
   Attorney General for the Criminal Division of the Justice Department,   
   and Special Agent Dennis Lormel, Chief of the Financial Crimes Section  
   of the FBI's Criminal Investigations Division. Private witnesses        
   included Ed Yingling of the American Bankers Association (ABA), Marc    
   Lackritz of the Securities Industry Association (SIA), former Deputy    
   Secretary of Treasury Stuart Eizenstat, and money laundering expert John
   Moynihan of BERG Associates. Written testimony was received jointly from
   the Independent Community Bankers of America (ICBA) and America's       
   Community Bankers (ACB).                                                
                                  COMMITTEE CONSIDERATION                         

      On October 11, 2001, the Committee met in open session and ordered   
   H.R. 3004 reported, with an amendment, to the House with a favorable    
   recommendation by a record vote of 62 yeas and 1 nay.                   
                                      COMMITTEE VOTES                             

      Clause 3(b) of rule XIII of the Rules of the House of Representatives
   requires the Committee to list the record votes on the motion to report 
   legislation and amendments thereto. A motion by Mr. Oxley to report the 
   bill to the House with a favorable recommendation was agreed to by a    
   record vote of 62 yeas and 1 nay (Record vote no. 9). The names of      
   members voting for and against follow:                                  


          YEAS                                             NAYS

          Mr. Oxley                                        Mr. Paul
          Mr. Leach                                        
          Mrs. Roukema                                     
          Mr. Bereuter                                     
          Mr. Baker                                        
          Mr. Bachus                                       
          Mr. Castle                                       
          Mr. Royce                                        
          Mr. Lucas of Oklahoma                            
          Mr. Ney                                          
          Mr. Barr of Georgia                              
          Mrs. Kelly                                       
          Mr. Gillmor                                      
          Mr. Cox                                          
          Mr. Weldon of Florida                            
          Mr. Ryun of Kansas                               
          Mr. Riley                                        
          Mr. LaTourette                                   
          Mr. Manzullo                                     
          Mr. Jones of North Carolina                      
          Mr. Ose                                          
          Mrs. Biggert                                     
          Mr. Green of Wisconsin                           
          Mr. Toomey                                       
          Mr. Shadegg                                      
          Mr. Fossella                                     
          Mr. Gary G. Miller of California                 
          Mr. Cantor                                       
          Mr. Grucci                                       
          Ms. Hart                                         
          Mrs. Capito                                      
          Mr. Ferguson                                     
          Mr. Rogers of Michigan                           
          Mr. Tiberi                                       
          Mr. LaFalce                                      
          Mr. Frank                                        
          Mr. Kanjorski                                    
          Ms. Waters                                       
          Mr. Sanders                                      
          Mrs. Maloney of New York                         
          Mr. Gutierrez                                    
          Mr. Watt of North Carolina                       
          Mr. Ackerman                                     
          Mr. Bentsen                                      
          Mr. Maloney of Connecticut                       
          Ms. Hooley of Oregon                             
          Ms. Carson of Indiana                            
          Mr. Sherman                                      
          Mr. Sandlin                                      
          Ms. Lee                                          
          Mr. Mascara                                      
          Mr. Inslee                                       
          Ms. Schakowsky                                   
          Mr. Moore                                        
          Mr. Capuano                                      
          Mr. Ford                                         
          Mr. Lucas of Kentucky                            
          Mr. Shows                                        
          Mr. Crowley                                      
          Mr. Clay                                         
          Mr. Israel                                       
          Mr. Ross                                         


      The following amendments were not agreed to by a record vote. The    
   names of Members voting for and against follow:                         
      An amendment to the amendment in the nature of a substitute by Mr.   
   Barr, no. 1m, prohibiting the Customs Service from opening outgoing     
   international mail without a warrant during cross-border searches, was  
   not agreed to by a record vote of 20 yeas and 43 nays (Record vote no.  
   8).\1\                                                                  
                                                                           

   \1\An earlier voice vote on which the nays prevailed was vacated by     
   unanimous consent, and the question put to the Committee de novo.       




          YEAS                                        NAYS

          Mr. Barr of Georgia                         Mr. Oxley
          Mr. Paul                                    Mr. Leach
          Mr. Jones of North Carolina                 Mrs. Roukema
          Mr. Ose                                     Mr. Bereuter
          Ms. Hart                                    Mr. Baker
          Mr. Frank                                   Mr. Bachus
          Mr. Kanjorski                               Mr. Castle
          Ms. Waters                                  Mr. Royce
          Mr. Sanders                                 Mr. Lucas of Oklahoma
          Mrs. Maloney of New York                    Mr. Ney
          Mr. Gutierrez                               Mrs. Kelly
          Mr. Watt of North Carolina                  Mr. Gillmor
          Mr. Ackerman                                Mr. Cox
          Ms. Carson of Indiana                       Mr. Weldon of Florida
          Mr. Sandlin                                 Mr. Ryun of Kansas
          Ms. Lee                                     Mr. Riley
          Mr. Inslee                                  Mr. LaTourette
          Ms. Schakowsky                              Mr. Manzullo
          Mr. Capuano                                 Mrs. Biggert
          Mr. Clay                                    Mr. Green of Wisconsin
                                                      Mr. Toomey
                                                      Mr. Shays 
                                                      Mr. Shadegg 
                                                      Mr. Fossella 
                                                      Mr. Gary G. Miller of California 
                                                      Mr. Cantor 
                                                      Mr. Grucci 
                                                      Mrs. Capito 
                                                      Mr. Ferguson 
                                                      Mr. Rogers of Michigan 
                                                      Mr. Tiberi 
                                                      Mr. LaFalce 
                                                      Mr. Bentsen 
                                                      Mr. Maloney of Connecticut 
                                                      Ms. Hooley of Oregon 
                                                      Mr. Sherman 
                                                      Mr. Mascara 
                                                      Mr. Moore 
                                                      Mr. Ford 
                                                      Mr. Lucas of Kentucky 
                                                      Mr. Shows 
                                                      Mr. Crowley 
                                                      Mr. Israel 


      An amendment to the amendment in the nature of a substitute by Mr.   
   Castle, no. 1p, striking provisions relating to Internet gambling, was  
   not agreed to by a record vote of 25 yeas and 37 nays (Record vote no.  
   7).                                                                     


          YEAS                                        NAYS

          Mr. Baker                                   Mr. Oxley
          Mr. Castle                                  Mr. Leach
          Mr. Ney                                     Mrs. Roukema
          Mr. Barr of Georgia                         Mr. Bereuter
          Mr. Paul                                    Mr. Bachus
          Mr. Gillmor                                 Mr. Royce
          Mr. Cox                                     Mr. Lucas of Oklahoma
          Mr. Jones of North Carolina                 Mrs. Kelly
          Mr. Ose                                     Mr. Weldon of Florida
          Mrs. Biggert                                Mr. Ryun of Kansas
          Mr. Toomey                                  Mr. Riley
          Mr. Fossella                                Mr. Green of Wisconsin
          Mr. Cantor                                  Mr. Shays
          Mr. Tiberi                                  Mr. Shadegg
          Mr. Frank                                   Mr. Gary G. Miller of  California
          Mr. Kanjorski                               Mr. Grucci
          Mr. Watt of North Carolina                   Ms. Hart
          Mr. Ackerman                                Mrs. Capito
          Mr. Bentsen                                 Mr. Ferguson
          Mr. Sandlin                                 Mr. Rogers of Michigan
          Ms. Schakowsky                              Mr. LaFalce
          Mr. Moore                                   Ms. Waters
          Mr. Capuano                                 Mr. Sanders
          Mr. Crowley                                 Mrs. Maloney of New York
          Mr. Clay                                    Mr. Gutierrez
                                                      Mr. Maloney of Connecticut
                                                      Ms. Hooley of Oregon 
                                                      Ms. Carson of Indiana 
                                                      Mr. Sherman 
                                                      Ms. Lee 
                                                      Mr. Mascara 
                                                      Mr. Inslee 
                                                      Mr. Ford 
                                                      Mr. Lucas of Kentucky 
                                                      Mr. Shows 
                                                      Mr. Israel 
                                                      Mr. Ross 



   The following amendments were agreed to by a voice vote:                

      An amendment in the nature of a substitute by Mr. Oxley, no. 1,      
   making various changes to the bill;                                     
      An amendment to the amendment in the nature of a substitute by Mr.   
   LaFalce, no. 1a, making technical changes requested by the              
   Administration;                                                         
      An amendment to the amendment in the nature of a substitute by Mr.   
   Bentsen, no. 1c, striking a study of the feasibility of imposing        
   sanctions against financial institutions that file currency transaction 
   reports that qualify for exemptions;                                    
      An amendment to the amendment in the nature of a substitute by Ms.   
   Waters, no. 1e, requiring the consideration of a financial institution's
   money laundering record in reviewing of merger applications;            
      An amendment to the amendment in the nature of a substitute by Mr.   
   Leach, no. 1f, reinstating coverage for checks and drafts;              
      An amendment to the amendment in the nature of a substitute by Mr.   
   Israel, no. 1g, addressing the consideration of charitable organizations
   by the public-private anti-terrorism task force;                        
      An amendment to the amendment in the nature of a substitute by Mrs.  
   Kelly, no. 1h, addressing the date of application of regulations        
   requiring financial institutions to establish anti-money laundering     
   programs and the factors to be taken into account for anti-money        
   laundering programs;                                                    
      An amendment to the amendment in the nature of a substitute by Mr.   
   Maloney of Connecticut, no. 1i, making explicit that hawala-type systems
   are covered by certain statutory requirements;                          
      An amendment to the amendment in the nature of a substitute by Mr.   
   Sherman, no. 1k, regarding Presidential sanctions on non-cooperating    
   countries;                                                              
      An amendment to the amendment in the nature of a substitute by Mr.   
   Baker, no. 1l, modifying the Secretary's authority to require financial 
   institutions to apply enhanced due diligence standards to correspondent 
   accounts;                                                               
      A substitute amendment to the amendment offered by Mr. Baker by Mr.  
   LaFalce, no. 1l(1), clarifying the circumstances under which the        
   Secretary of the Treasury must require financial institutions to apply  
   enhanced due diligence standards to correspondent accounts, as modified 
   by unanimous consent;                                                   
      An amendment to the amendment in the nature of a substitute by Mr.   
   Watt, no. 1o, clarifying the term ``compliance officer''; and           
      An amendment to the amendment in the nature of a substitute by Mr.   
   Watt, no. 1q, clarifying the exemption for Internet service providers   
   from certain Internet gambling provisions.                              
   The following amendment was not agreed to by a voice vote:              

      An amendment to the amendment in the nature of a substitute by Mr.   
   Sherman, no. 1n, authorizing the President to prohibit certain credit   
   and contract transactions with non-cooperative countries.               
   The following amendments were withdrawn:                                

      An amendment to the amendment in the nature of a substitute by Mr.   
   Weldon of Florida, no. 1b, relating to the sharing of grand jury        
   information relating to money laundering and bulk cash smuggling;       
      An amendment to the amendment in the nature of a substitute by Mr.   
   Leach, no. 1d, eliminating the exemption for ISPs from Internet gambling
   restrictions; and,                                                      
      An amendment to the amendment in the nature of a substitute by Mr.   
   Weldon of Florida, no. 1j, striking certain factors from those the      
   Secretary of the Treasury must consider in designating jurisdictions as 
   ``primary money laundering concerns''.                                  
                                COMMITTEE OVERSIGHT FINDINGS                      

      Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House of 
   Representatives, the Committee held a hearing and made findings that are
   reflected in this report.                                               
                              PERFORMANCE GOALS AND OBJECTIVES                    

      Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of 
   Representatives, the Committee establishes the following performance    
   related goals and objectives for this legislation:                      
      The President and the Secretary of the Treasury will use the         
   authority granted by this legislation to track and prevent individuals  
   from laundering the proceeds of criminal activity and from diverting    
   funds to terrorist or criminal activities.                              

             NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES    

      In compliance with clause 3(c)(2) of rule XIII of the Rules of the   
   House of Representatives, the Committee finds that this legislation     
   would result in no new budget authority, entitlement authority, or tax  
   expenditures or revenues.                                               
                                  COMMITTEE COST ESTIMATE                         

      The Committee adopts as its own the cost estimate prepared by the    
   Director of the Congressional Budget Office pursuant to section 402 of  
   the Congressional Budget Act of 1974.                                   
                            CONGRESSIONAL BUDGET OFFICE ESTIMATE                  

      Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House of 
   Representatives, the following is the cost estimate provided by the     
   Congressional Budget Office pursuant to section 402 of the Congressional
   Budget Act of 1974:                                                     

       U.S. Congress,                                                          

       Congressional Budget Office,                                            

       Washington, DC, October 16, 2001.                                       



          Hon.  Michael G. Oxley,                Chairman, Committee on Financial Services, House of Representatives, Washington, DC.

       Dear Mr. Chairman: The Congressional Budget Office has prepared the 
   enclosed cost estimate for H.R. 3004, the Financial Anti-Terrorism Act  
   of 2001.                                                                
      If you wish further details on this estimate, we will be pleased to  
   provide them. The CBO staff contacts are Mark Grabowicz and Mark Hadley 
   (for federal costs), Susan Sieg Tompkins (for the state and local       
   impact), and Jean Talarico (for the private-sector impact).             
   Sincerely,                                                              

        Barry B. Anderson                                                       

         (For Dan L. Crippen, Director.)                                        

   Enclosure.                                                              


           H.R. 3004--Financial Anti-Terrorism  Act of 2001                        

      Summary: H.R. 3004 would expand the powers of federal financial      
   regulators to prevent money laundering, internet gambling, and smuggling
   of currency. It also would establish new federal crimes relating to such
   acts. H.R. 3004 would authorize the appropriation of such sums as       
   necessary for each of fiscal years 2002 through 2005 for the Financial  
   Crimes Enforcement Network (FINCEN), an agency in the Department of the 
   Treasury that collects data from banks and other financial institutions 
   and serves as a clearinghouse for financial intelligence. The bill would
   authorize the Secretary of the Treasury, through financial regulators,  
   to impose special requirements on U.S. financial institutions if the    
   Secretary suspects the transactions of their foreign clients are tied to
   money laundering.                                                       
      Assuming appropriation of the necessary amounts, CBO estimates that  
   implementing H.R. 3004 would cost about $36 million in fiscal year 2002 
   and about $210 million over the 2002 2006 period, mostly for FINCEN.    
   This estimate assumes adjustments for anticipated inflation. Without    
   such adjustments, we estimate that implementation would cost $202       
   million over the 2002 2006 period. H.R. 3004 would affect direct        
   spending and receipts, so pay-as-you-go procedures would apply, but CBO 
   estimates that any such effects would be less than $500,000 a year.     
      H.R. 3004 contains intergovernmental mandates as defined in the      
   Unfunded Mandates Reform Act (UMRA) because it would impose requirements
   on certain state and local agencies and because it includes a preemption
   of state laws. CBO estimates that the total cost of complying with those
   mandates would be small, and would not exceed the threshold established 
   in UMRA ($56 million in 2001, adjusted annually for inflation).         
      The bill also contains private-sector mandates as defined in UMRA.   
   The bill would impose new information collection, reporting, and        
   recordkeeping requirements on financial institutions and agencies as    
   defined in the bill. Because those new requirements would depend on     
   specific regulations that would be established by the Secretary of the  
   Treasury, CBO cannot determine whether the direct cost to the private   
   sector would exceed the annual threshold specified in UMRA ($113 million
   in 2001, adjusted annually for inflation).                              
      Estimated cost to the Federal Government: For this estimate, CBO     
   assumes that the bill will be enacted near the start of fiscal year 2002
   and that the necessary amount will be appropriated each year. The       
   estimated budgetary impact of H.R. 3004 is shown in the following table.
   The costs of this legislation fall within budget functions 370 (commerce
   and housing credit) and 750 (administration of justice).                

                                                                                          

                                                      By fiscal year, in millions of dollars--     

                                                       2002      2003      2004      2005      2006  

    CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\                                                      
FINCEN:                                                  48        49        51        52         0  
Administrative cost to regulatory agencies:               2         2         2         2         2  
Reports by Department of Treasury:                        1     (\3\)     (\3\)     (\3\)     (\3\)  
Total:                                                   51        51        53        54         2  

\1\The bill also would affect direct spending and revenues, but CBO estimates that those changes would each be less than $500,000 a year.                                                                       
\2\FINCEN received an appropriation of $38 million for fiscal year 2001. For fiscal year 2002, there is no authorization in current law for the agency and a full-year appropriation has not yet been enacted.  
\3\Less than $500,000.                                                                                                                                                                                          

           Basis of estimate                                                       

      CBO estimates that implementing H.R. 3004 would cost about $50       
   million annually for FINCEN, about $2 million annually for increased    
   administrative costs at agencies that                                   

                    regulate financial institutions, and about $1 million in 2002 
          for additional reports by the Secretary of the Treasury. In addition to 
          these effects on discretionary spending, the bill also would have a     
          negligible effect on the collection and spending of civil and criminal  
          penalties. Finally, the legislation would have a small effect on the    
          operating costs of the Federal Deposit Insurance Corporation (FDIC).    
            Spending subject to appropriation                                       

       FINCEN.-- H.R. 3004 would authorize the appropriation of such sums  
   as necessary for FINCEN for each of fiscal years 2002 through 2005.     
   Based on information from the agency, CBO estimates that FINCEN would   
   need about $46 million in 2002 to carry out its current statutory       
   responsibilities and an additional $2 million to perform new duties     
   required by the bill. Thus, CBO estimates that implementing H.R. 3004   
   would require appropriations of $48 million in fiscal year 2002 and $200
   million over the 2002 2005 period, assuming annual adjustments for      
   inflation.                                                              
       Administrative costs.-- H.R. 3004 would authorize the Secretary of  
   the Treasury to impose special measures on U.S. financial institutions  
   if the Secretary suspects the transactions of their foreign clients are 
   tied to money laundering. Such measures would be implemented by the     
   Department of the Treasury, the Securities and Exchange Commission      
   (SEC), the Commodity Futures Trading Commission, and other financial    
   regulators, and could include increasing recordkeeping and reporting    
   requirements and regulating or prohibiting certain types of financial   
   accounts. Based on information from the affected agencies, CBO estimates
   that implementing H.R. 3004 would cost a total of about $2 million a    
   year over the 2002 2006 period. Most of these funds would pay for       
   additional SEC staff to examine the records of investment advisors and  
   investment companies for transactions that may involve money laundering,
   and to oversee the efforts of self-regulating securities markets to     
   detect money laundering.                                                
       Reports.-- H.R. 3004 would require the Department of Treasury to    
   develop regulations and prepare studies for the Congress relating to    
   financial crimes. CBO estimates these requirements would cost $1 million
   in fiscal year 2002 and less than $500,000 in each of the subsequent    
   years.                                                                  
            Direct spending and revenues                                            

       Trustees' Administrative Costs.-- The National Credit Union         
   Administration (NCUA), Office of the Comptroller of the Currency, and   
   the Office of Thrift Supervision charge fees to the institutions they   
   regulate to cover all of their administrative costs; therefore, any     
   additional spending by these agencies to implement the bill would have  
   no net budget effect. That is not the case with the FDIC, however, which
   uses deposit insurance premiums paid by all banks to cover the expenses 
   it incurs to supervise state-chartered banks. The bill would cause a    
   small increase in FDIC spending, but would probably not affect its      
   premium income. In any case, CBO estimates that imposing special        
   measures would increase direct spending and offsetting receipts for     
   those agencies by less than $500,000 a year over the 2002 2006 period.  
       Bureau of Engraving and Printing.-- H.R. 3004 would allow the Bureau
   of Engraving and Printing (BEP) to impose charges for any BEP services  
   provided to any foreign government or any territory of the United       
   States. Because foreign governments or territories of the United States 
   would pay BEP for the full cost of producing any documents, and because 
   BEP has the authority to retain and spend such collections without      
   further appropriation this would have no significant net budgetary      
   impact.                                                                 
       Additional Fines.-- Enacting H.R. 3004 would establish civil and    
   criminal fines for new crimes that would be established by the bill.    
   Civil fines are classified as governmental receipts (revenues). Criminal
   fines are recorded as receipts and deposited in the Crime Victims Fund, 
   and spent without further appropriation action. Based on information    
   from the Department of the Treasury and the Department of Justice, CBO  
   estimates that any net increase in collections would not be significant 
   because of the small number of individuals that are likely to be subject
   to such fines.                                                          
       Federal Reserve.-- Budgetary effects on the Federal Reserve are also
   recorded as changes in revenues. Based on information from the Federal  
   Reserve, CBO estimates that enforcing the special requirements on U.S.  
   Financial Trustees under the bill would reduce such revenues by less    
   than $500,000 a year over the 2002 2006 period.                         
      Pay-as-you-go considerations: The Balanced Budget and Emergency      
   Deficit Control Act sets up pay-as-you go procedures for legislation    
   affecting direct spending or receipts. CBO estimates that enacting H.R. 
   3004 would affect direct spending and governmental receipts but that    
   there would be no significant impact in any year.                       

      Estimated impact on state, local, and tribal governments: H.R. 3004  
   contains intergovernmental mandates as defined in UMRA, but CBO         
   estimates that the total cost of complying with these mandates would be 
   small, and would not exceed the threshold established in that act ($56  
   million in 2001, adjusted annually for inflation). Provisions in several
   sections of this bill would place new reporting, monitoring,            
   recordkeeping, and other procedural requirements on financial           
   institutions. (Financial institutions include certain state and local   
   agencies acting in that capacity.) Largely because the number of        
   affected agencies would be very small, CBO estimates that state and     
   local governments would incur minimal costs to comply with these        
   requirements. Another provision would impose a mandate by prohibiting   
   employees of state, local, tribal, and territorial governments from     
   disclosing certain information.                                         
      This bill also includes a preemption of state and local laws. It     
   would require consumer reporting agencies to furnish a report and all   
   other information in a consumer's file, without notifying the consumer, 
   to a government agency authorized to conduct investigations,            
   intelligence, and or counterintelligence activities. The legislation    
   would explicitly preempt state law by exempting these agencies from     
   liability for violating the constitution of any state, or the law or    
   regulations of any state or local government. Such a preemption would be
   a mandate under UMRA. CBO estimates, however, that it would not affect  
   the budgets of state, local, or tribal governments, because, while it   
   would limit the application of state law, it would impose no duty on    
   states that would result in additional spending.                        
      Estimated impact on the private sector: The bill also contains       
   private-sector mandates as defined in UMRA. The bill would impose new   
   information collection, reporting, and recordkeeping requirements on    
   financial institutions and agencies as defined in the bill. Because     
   those new requirements would depend on specific regulations that would  
   be established by the Secretary of the Treasury, CBO cannot determine   
   whether the direct cost to the private sector would exceed the annual   
   threshold specified in UMRA ($113 million in 2001, adjusted annually for
   inflation).                                                             
      Although H.R. 3004 would prohibit gambling businesses from accepting 
   credit card payments and other bank instruments from gamblers who bet   
   illegally over the Internet, the bill would not create a new            
   private-sector mandate. Under current federal and state law, gambling   
   businesses are generally prohibited from accepting bets or wagers over  
   the Internet. Thus, H.R. 3004 does not contain a new mandate relative to
   current law.                                                            
      H.R. 3004 would authorize federal banking regulators to require      
   depository institutions that have knowingly participated in transactions
   with unlawful Internet gambling businesses to cease doing so. This      
   provision would not create a new private-sector mandate for depository  
   institutions because federal banking regulators already have such powers
   under current law.                                                      
      Estimate prepared by: Federal spending: Mark Grabowicz, Mark Hadley, 
   Ken Johnson, Matthew Pickford, and Lanette Walker; Federal revenues:    
   Carolyn Lynch and Erin Whitaker; impact on state, local, and tribal     
   governments: Susan Sieg Tompkins; impact on the private sector: Jean    
   Talarico.                                                               
      Estimate approved by: Peter H. Fontaine, Deputy Assistant Director   
   for Budget Analysis.                                                    

                                 FEDERAL MANDATES STATEMENT                       

      The Committee adopts as its own the estimate of Federal mandates     
   prepared by the Director of the Congressional Budget Office pursuant to 
   section 423 of the Unfunded Mandates Reform Act.                        
                                ADVISORY COMMITTEE STATEMENT                      

      Section 205 of the bill directs the Secretary of the Treasury to     
   establish, either within the Bank Secrecy Act Advisory Group or a       
   subcommittee or other adjunct of that advisory group, a task force      
   comprised of representatives of the agencies and officers represented on
   the advisory group, a representative from the Office of Homeland        
   Security, and representatives of financial institutions, private        
   organizations that represent the financial services industry, and other 
   interested parties to focus on the finances of terrorist groups, the    
   financial relationships between international narcotics traffickers and 
   foreign terrorist organizations, and the means of facilitating the      
   identification of accounts and transactions involving foreign terrorist 
   organizations. Pursuant to the requirements of subsection 5(b) of the   
   Federal Advisory Committee Act, the Committee finds that the functions  
   of the proposed advisory committees are not and cannot be performed by  
   an existing Federal agency or advisory commission requiring the         
   enlargement of the mandate of the Bank Secrecy Act Advisory Group.      
                             CONSTITUTIONAL AUTHORITY STATEMENT                   

      Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House of 
   Representatives, the Committee finds that the Constitutional Authority  
   of Congress to enact this legislation is provided by Article 1, section 
   8, clause 1 (relating to the general welfare of the United States),     
   clause 3 (relating to the power to regulate interstate commerce), and   
   clause 5 (relating to the power to coin money and regulate the value    
   thereof).                                                               
                            APPLICABILITY TO LEGISLATIVE BRANCH                   

      The Committee finds that the legislation does not relate to the terms
   and conditions of employment or access to public services or            
   accommodations within the meaning of section 102(b)(3) of the           
   Congressional Accountability Act.                                       
                            EXCHANGE OF COMMITTEE CORRESPONDENCE                  

       House of Representatives,                                               

       Committee on Agriculture,                                               

       Washington, DC, April 2, 2001.                                          



          Hon.  Michael G. Oxley,                 Chairman, House Committee on Financial Services, Rayburn House Office Building, Washington, DC. 

       Dear Chairman Oxley: I understand that the Committee on Financial   
   Services recently ordered H.R. 3004, the ``Financial Anti-Terrorism Act 
   of 2001'', reported to the House. Further, it is my understanding that  
   your Committee amended this legislation in a manner that effects certain
   entities registered with the Commodity Futures Trading Commission       
   pursuant to the Commodity Exchange Act. As you know, the Committee on   
   Agriculture has jurisdiction over that Act under rule X of the Rules of 
   the House of Representatives, which grants the Agriculture Committee    
   jurisdiction over ``commodity exchanges''.                              
      Because of the importance of this matter, I recognize your desire to 
   bring this legislation before the House in an expeditious manner and    
   will waive consideration of the bill by the Agriculture Committee. By   
   agreeing to waive its consideration of the bill, the Agriculture        
   Committee does not waive its jurisdiction over H.R. 3004. In addition,  
   the Committee reserves its authority to seek conferees on any provisions
   of the bill that are within the Committee's jurisdiction during any     
   House-Senate conference that may be convened on this legislation. I ask 
   your commitment to support any request by the Committee on Agriculture  
   for conferees on H.R. 3004 or related legislation.                      
      I request that you include this letter and your response as part of  
   the Congressional Record during consideration of the legislation on the 
   House floor.                                                            
   Thank you for your attention to these matters.                          

   Sincerely,                                                              

         Larry Combest,  Chairman.                                              

                                                                                 

       House of Representatives,                                               

       Committee on Financial Services,                                        

       Washington, DC, April 2, 2001.                                          



          Hon.  Larry Combest,                 Chairman, House Committee on Agriculture, Longworth House Office Building, Washington, DC. 

       Dear Chairman Combest: Thank you for your letter regarding your     
   Committee's jurisdictional interest in H.R. 3004, the ``Financial       
   Anti-Terrorism Act of 2001''.                                           
      I acknowledge your committee's jurisdictional interest in this       
   legislation and appreciate your cooperation in moving the bill to the   
   House floor expeditiously. I agree that your decision to forego further 
   action on the bill will not prejudice the Committee on Agriculture with 
   respect to its jurisdictional prerogatives on this or similar           
   legislation. I will include a copy of your letter and this response in  
   the Committee's report on the bill and the Congressional Record when the
   legislation is considered by the House.                                 
   Thank you again for your cooperation.                                   

   Sincerely,                                                              

         Michael G. Oxley,  Chairman.                                           

                                                                                 


       House of Representatives,                                               

       Committee on Agriculture,                                               

       Washington, DC, October 15, 2001.                                       



          Hon.  Michael G. Oxley,                Chairman, Committee on Financial Services, Rayburn House Office Building, Washington, DC.

       Dear Chairman Oxley: I understand that the Committee on Financial   
   Services recently ordered H.R. 3004, the ``Financial Anti-Terrorism Act 
   of 2001'', reported to the House. Further, it is my understanding that  
   your Committee amended this legislation in a manner that effects certain
   entities registered with the Commodity Futures Trading Commission       
   pursuant to the Commodity Exchange Act. As you know, the Committee on   
   Agriculture has jurisdiction over that Act under rule X of the Rules of 
   the House of Representatives, which grants the Agriculture Committee    
   jurisdiction over ``commodity exchanges''.                              
      Because of the importance of this matter, I recognize your desire to 
   bring this legislation before the House in an expeditious manner and    
   will waive consideration of the bill by the Agriculture Committee. By   
   agreeing to waive its consideration of the bill, the Agriculture        
   Committee does not waive its jurisdiction over H.R. 3004. In addition,  
   the Committee reserves its authority to seek conferees on any provisions
   of the bill that are within the Committee's jurisdiction during any     
   House-Senate conference that may be convened on this legislation. I ask 
   your commitment to support any request by the Committee on Agriculture  
   for conferees on H.R. 3004 or related legislation.                      
      I request that you include this letter and your response as part of  
   the Congressional Record during consideration of the legislation on the 
   House floor.                                                            
   Thank you for your attention to these matters.                          

   Sincerely,                                                              

         Larry Combest,  Chairman.                                              

                                                                                 


       House of Representatives,                                               

       Committee on Financial Services,                                        

       Washington, DC, October 15, 2001.                                       



          Hon.  Larry Combest,           Chairman, Committee on Agriculture, Longworth House Office Building, Washington, DC.

       Dear Chairman Combest: Thank you for your letter regarding your     
   Committee's jurisdictional interest in H.R. 3004, the ``Financial       
   Anti-Terrorism Act of 2001''.                                           
      I acknowledge your committee's jurisdictional interest in this       
   legislation and appreciate your cooperation in moving the bill to the   
   House floor expeditiously. I agree that your decision to forego further 
   action on the bill will not prejudice the Committee on Agriculture with 
   respect to its jurisdictional prerogatives on this or similar           
   legislation. I will include a copy of your letter and this response in  
   the Committee's report on the bill and the Congressional Record when the
   legislation is considered by the House.                                 
   Thank you again for your cooperation.                                   

   Sincerely,                                                              

         Michael G. Oxley,  Chairman.                                           

                       SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION             

           Section 1. Short Title; Table of Contents                               

      This section provides the short title of the bill, the ``Financial   
   Anti-Terrorism Act of 2001'' and a table of contents.                   
                  TITLE I--STRENGTHENING LAW ENFORCEMENT                 

           Section 101. Bulk Cash Smuggling Into or Out of the United States       

      Subsections (a) through (c) set forth the new bulk cash smuggling    
   offense as well as a set of findings explaining why the smuggling of    
   bulk cash is a serious law enforcement problem. The new offense, which  
   would be codified at 31 U.S.C. 5331, would make it an offense for anyone
   to knowingly conceal 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 to transport or attempt to transport
   that currency across the border with the intent to avoid the reporting  
   requirements in section 5316. In other words, the offense has three     
   elements: (1) concealment; (2) transportation (or attempted             
   transportation); and (3) specific intent to evade filing a complete and 
   accurate report with the Customs Service.                               
      The penalty section provides for incarceration of up to 5 years. In  
   addition, and in lieu of any criminal fine, the penalty section         
   authorizes the confiscation of the smuggled money in accordance with the
   usual procedures for criminal and civil forfeiture, including all of the
   due process protections enacted as part of the Civil Asset Forfeiture   
   Reform Act of 2000. Confiscation of smuggled goods has been regarded as 
   the appropriate penalty for smuggling offenses since the first Customs  
   laws were enacted in the 18th Century. In the alternative, in accordance
   with rule 32.2 of the Federal Rules of Criminal Procedure and existing  
   case law, the court may enter a personal money judgment against the     
   defendant. See United States v. Candelaria-Silva, 166 F.3d 19 (1st Cir. 
   1999) (criminal forfeiture order may take several forms: money judgment,
   directly forfeitable property, and substitute assets).                  
      To address concerns that such confiscation is a blunt instrument that
   should be mitigated in some circumstances to avoid a hardship, the bill 
   explicitly authorizes courts to mitigate forfeitures of currency        
   involved in currency reporting offenses to avoid Eighth Amendment       
   violations by considering a range of aggravating and mitigating         
   circumstances. Those circumstances include 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.                            
      The Committee believes, however, that bulk cash smuggling is an      
   inherently more serious offense than simply failing to file a Customs   
   report. Because the constitutionality of a forfeiture is dependent on   
   the ``gravity of the offense'' under Bajakajian, it is anticipated that 
   the full forfeiture of smuggled money will withstand constitutional     
   scrutiny in most cases. For the confiscation to be reduced at all, the  
   smuggler will have to show that the money was derived from a legitimate 
   source and not intended to be used for any unlawful purpose. Even then, 
   the court's duty will be to reduce the amount of confiscation to the    
   maximum that would be permitted in accordance with the Eighth Amendment 
   and the aggravating and mitigating factors set forth in the statute. The
   civil forfeiture provision would apply to conduct occurring before the  
   effective date of the act.                                              
           Section 102. Forfeiture in Currency Reporting Cases                     

      Section 102 makes conforming amendments to the existing criminal and 
   civil forfeiture provisions for the reporting and structuring violations
   in title 31. The section creates parallel forfeiture authority for      
   violating the currency reporting requirements applicable to businesses  
   under 26 U.S.C. 6050I and sets forth rules for mitigating the           
   forfeitures to avoid constitutional violations in accordance with       
   Bajakajian. This is necessary to address the concern expressed by the   
   Court in Bajakajian that Congress had not made it clear that trial      
   courts are authorized to reduce forfeitures down to the maximum level   
   permissible to avoid violating the Excessive Fines Clause when a        
   statute, on its face, appears to authorize only the forfeiture of the   
   full amount of structured or unreported currency.                       
           Section 103. Interstate Currency Couriers                               

      This section amends the money laundering statute to make it an       
   offense for anyone to transport more than $10,000 in currency concealed 
   in a vehicle traveling in interstate commerce (e.g. on an interstate    
   highway) knowing that the currency was derived from some kind of        
   unlawful activity, or knowing that the currency was intended to be used 
   to promote such activity. The courier's willful blindness regarding the 
   source or intended use of the currency would be sufficient to establish 
   the requisite knowledge.                                                
           Section 104. Illegal Money Transmitting Businesses                      

      The operation of an unlicensed money transmitting business is a      
   violation of Federal law under 18 U.S.C. 1960. First, section 104       
   clarifies the scienter requirement in 1960 to avoid the problems that   
   occurred when the Supreme Court interpreted the currency transaction    
   reporting statutes to require proof that the defendant knew that        
   structuring a cash transaction to avoid the reporting requirements had  
   been made a criminal offense. See Ratzlaf v. United States, 114 S. Ct.  
   655 (1994). The proposal makes clear that an offense under 1960 is a    
   general intent crime for which a defendant is liable if he knowingly    
   operates an unlicensed money transmitting business. For purposes of a   
   criminal prosecution, the Government would not have to show that the    
   defendant knew that a State license was required or that the Federal    
   registration requirements promulgated pursuant to 31 U.S.C. 5330 applied
   to the business.                                                        
      Second, section 104 expands the definition of an unlicensed money    
   transmitting business to include a business engaged in the              
   transportation or transmission of funds that the defendant knows are    
   derived from a criminal offense, or are intended to be used for an      
   unlawful purpose. Thus, a person who agrees to transmit or to transport 
   drug proceeds for a drug dealer, or funds from any source for a         
   terrorist, knowing such funds are to be used to commit a terrorist act, 
   would be engaged in the operation of an unlicensed money transmitting   
   business. It would not be necessary for the Government to show that the 
   business was a storefront or other formal business open to walk-in      
   trade. To the contrary, it would be sufficient to show that the         
   defendant offered his services as a money transmitter to another.       
      Finally, when Congress enacted 1960 in 1992, it provided for criminal
   but not civil forfeiture. The proposal corrects this oversight, and     
   allows the government to obtain forfeiture of property involved in the  
   operation of an illegal money transmitting business even if the         
   perpetrator is a fugitive.                                              
           Section 105. Long-Arm Jurisdiction over Foreign Money Launderers        

      The first provision in this section creates a long arm statute that  
   gives the district court jurisdiction over a foreign person, including a
   foreign bank, that commits a money laundering offense in the United     
   States or converts laundered funds that have been forfeited to the      
   Government to his own use. Thus, if the Government files a civil        
   enforcement action under section 1956(b), or files a civil lawsuit to   
   recover forfeited property from a third party, the district court would 
   have jurisdiction over the defendant if the defendant has been served   
   with process pursuant to the applicable statutes or rules of procedure, 

                    and the constitutional requirement of minimum contacts is     
          satisfied in one of three ways: the money laundering offense took place 
          in the United States; in the case of converted property, the property   
          was the property of the United States by virtue of a civil or criminal  
          forfeiture judgment; or in the case of a financial institution, the     
          defendant maintained a correspondent bank account at another bank in the
          United States. Under this provision, for example, the district courts   
          would have had jurisdiction over the defendant in the circumstances     
          described in United States v. Swiss American Bank, 191 F.3d 30 (1st Cir.
          1999).                                                                  
      The second provision, modeled on 18 U.S.C. 1345(b), gives the        
   district court the power to restrain property, issue seizure warrants,  
   or take other action necessary to ensure that a defendant in an action  
   covered by the statute does not dissipate the assets that would be      
   needed to satisfy a judgment.                                           
      This section also authorizes a court, on the motion of the Government
   or a State or Federal regulator, to appoint a receiver to gather and    
   protect assets needed to satisfy a judgment under sections 1956 and     
   1957, and the forfeiture provisions in sections 981 and 982. This       
   authority is intended to apply in three circumstances: (1) when there is
   a judgment in a criminal case, including an order of restitution,       
   following a conviction for a violation of section 1956 or 1957; (2) when
   there is a judgment in a civil case under section 1956(b) assessing a   
   penalty for a violation of either section 1956 or 1957; and (3) when    
   there is a civil forfeiture judgment under section 981 or a criminal    
   forfeiture judgment, including a personal money judgment, under section 
   982.                                                                    
      The amendment also makes section 1956(b) applicable to violations of 
   section 1957. It applies to conduct occurring before the effective date 
   of the Act.                                                             
           Section 106. Laundering Money through a Foreign Bank                    

      This section eliminates the ambiguity in current law regarding money 
   laundering through foreign banks by including foreign banks within the  
   definition of ``financial institution'' in 1956(c)(6). The definition is
   the same as the one set forth in 12 U.S.C. 3101(7), which is already    
   employed in 1956(c)(7)(B) for another purpose.                          
           Section 107. Specified Unlawful Activity for Money Laundering           

      This amendment enlarges the list of foreign crimes that can lead to  
   money laundering prosecutions in this country when the proceeds of      
   additional foreign crimes are laundered in the United States. The       
   additional crimes include all crimes of violence, public corruption, and
   offenses covered by existing bilateral extradition treaties. The        
   Committee intends this provision to send a strong signal that the United
   States will not tolerate the use of its financial institutions for the  
   purpose of laundering the proceeds of such activities.                  
           Section 108. Laundering the Proceeds of Terrorism                       

      The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)    
   made it a criminal offense to provide material support or resources to  
   an organization designated by the Secretary of State as a ``foreign     
   terrorist organization.'' 18 U.S.C. 2339B.                              
      Section 2339B, however, was not added to the list of money laundering
   predicate offenses in section 1956(c)(7)(D). This provision adds 2339B  
   to the list of money laundering predicates.                             
                      Section 109. Violations of Reporting Requirements for        
           Nonfinancial Trades and Businesses                                      
      18 U.S.C. 981 and 982 are the civil and criminal forfeiture statutes 
   pertaining to money laundering. Presently, they provide for forfeiture  
   for money laundering violations under the Bank Secrecy Act (31 U.S.C.   
   5311 et seq.) and the Money Laundering Control Act (18 U.S.C. 1956 57). 
   This section would add 26 U.S.C. 6050I of the Internal Revenue Code to  
   this list in both statutes.                                             
      Section 6050I is the statute that requires any trade or business     
   receiving more than $10,000 in cash to report the transaction to the IRS
   on Form 8300. Subsection (f) makes it an offense to structure a         
   transaction with the intent to avoid the filing of such form. Thus,     
   section 6050I is the counterpart to 31 U.S.C. 5313 and 5324 which       
   require the filing of Currency Transaction Reports (CTRs) and Currency  
   or Monetary Instrument Report (CMIRs) by financial institutions whenever
   a $10,000 cash transaction takes place, and by other persons whenever   
   they send more than $10,000 in currency into or out of the United       
   States. Including a reference to section 6050I in sections 981 and 982  
   thus means that violations of the Form 8300 requirement will be treated 
   the same as CTR and CMIR violations for forfeiture purposes.            
           Section 110. Proceeds of Foreign Crimes                                 

      This section is intended to reinforce the United States' compliance  
   with the Vienna Convention. It amends 18 U.S.C. 981(a)(1)(B) to allow   
   the United States to institute its own action against the proceeds of   
   foreign criminal offenses when such proceeds are found in the United    
   States. As required by the Vienna Convention, it also authorizes the    
   confiscation of property used to facilitate such crimes. The list       

                    of foreign crimes to which this section applies is determined 
          by cross-reference to the foreign crimes that are money laundering      
          predicates under 1956(c)(7)(B). This section will permit the forfeiture 
          of property involved in conduct occurring before the effective date of  
          the Act.                                                                
                      Section 111. Availability of Reports Relating to Coins and   
           Currency Received in Non-Financial Trade or Business                    
      Section 111 addresses the problem of the accessibility of the Form   
   8300 information by directing the Secretary of the Treasury to take the 
   necessary actions and establish the necessary procedures to make the    
   information contained on Form 8300 available to government agencies     
   through the network administered by FinCEN. The Secretary is given six  
   months from date of enactment to achieve this objective, and is required
   to report to Congress on the actions taken pursuant to this section,    
   together with recommendations for any legislative or administrative     
   action determined to be appropriate by the Secretary.                   
      The Committee believes that safeguards built into the FinCEN         
   information-sharing protocols currently satisfies appropriate           
   confidentiality concerns, as specified by section 6103 (p)(4), but      
   expects the Secretary to address--and resolve--the issue squarely within
   the six-month timeline specified. The Committee is aware that some of   
   the ``outreach'' and data-sharing aspects of FinCEN's duties might be   
   problematic with regards the sharing of other tax data, specifically    
   personal or corporate income data. However, the Committee does not view 
   what is essentially law-enforcement data about specific transactions to 
   be personal or corporate ``income data,'' regardless of the fact that it
   is collected by the Internal Revenue Service.                           
                      Section 112. Penalties for Violations of Geographic Targeting
           Orders and Certain Record Keeping Requirements                          
      31 U.S.C. 5321 and 5322 impose civil and criminal penalties,         
   respectively, for violations of the Bank Secrecy Act (BSA) and BSA      
   regulations; 31 U.S.C. 5324 creates additional criminal offenses for    
   failing to file a report, filing a false or incomplete report, and      
   structuring currency transactions in order to evade a reporting         
   requirement under the BSA. Those statutes, however, do not specifically 
   refer to reports required by GTOs (geographic targeting orders) issued  
   under 31 U.S.C. 5326. This provision eliminates any ambiguity concerning
   the applicability of these provisions to GTOs by inserting specific     
   references to 31 U.S.C. 5326 in the respective statutes.                
           Section 113. Exclusion of Aliens Involved in Money Laundering           

      This section will provide for inadmissibility of any individual who a
   consular officer has reason to believe has or is engaged in certain     
   money laundering offenses, or any criminal activity in a foreign country
   that would constitute such an offense if committed in the United States,
   regardless of whether a judgment of conviction has been entered or      
   avoided due to flight, corruption, etc. This section treats money       
   launderers with the same standard applicable to drug traffickers and    
   will make the United States' ability to exclude aliens involved in such 
   activities less dependent upon the Nation's ability to draw inferences  
   about a person's intent to do something illicit in the United States.   
   Money laundering offenses are, in general, related to underlying crimes 
   involving moral turpitude that are already grounds for exclusion under  
   the Immigration and Nationality Act.                                    
      As an added deterrent, the amendment allows the consular officer to  
   exclude the money launderer's family members, while also giving the     
   Attorney General the authority to waive such exclusion if he determines 
   that exceptional circumstances exist.                                   
                      Section 114. Standing to Contest Forfeiture of Funds         
           Deposited Into Foreign Bank that has a Correspondent Account in the     
           United States                                                           
      Section 114 creates a new provision in the civil forfeiture statute, 
   18 U.S.C. 981(k), authorizing the forfeiture of funds found in an       
   interbank account. The new provision is necessary to reconcile the law  
   regarding the forfeiture of funds in bank accounts with the realities of
   the global movement of electronic funds and the use of off-shore banks  
   to insulate criminal proceeds from forfeiture.                          
      To prevent drug dealers and other criminals from taking advantage of 
   certain nuances of forfeiture law to insulate their property from       
   forfeiture even though it is deposited in a bank account in the United  
   States, it is necessary to change the law regarding the location of the 
   debt that a bank owes to its depositor, and the identity of the real    
   party in interest with standing to contest the forfeiture. The amendment
   in this section addresses the location issue by treating a deposit made 
   into an account in a foreign bank that has a correspondent account at a 
   U.S. bank as if the deposit had been made into the U.S. bank directly.  
   Second, the section treats the deposit in the correspondent account as a
   debt owed directly to the depositor, and not as a debt owed to the      
   respondent bank. In other words, the correspondent account is treated as
   if it were the foreign bank itself, and the funds in the correspondent  
   account were debts owed to the foreign bank's customers.                

      Under this arrangement, if funds traceable to criminal activity are  
   deposited into a foreign bank, the Government may bring a forfeiture    
   action against funds in that bank's correspondent account, and only the 
   initial depositor, and not the intermediary bank, would have standing to
   contest it.                                                             
      The section authorizes the Attorney General to suspend or terminate a
   forfeiture in cases where there exists a conflict of laws between the   
   U.S. and the jurisdiction in which the foreign bank is located, where   
   such suspension or termination would be in the interest of justice and  
   not harm U.S. national interests.                                       
                      Section 115. Subpoenas for Records Regarding Funds in        
           Correspondent Bank Accounts                                             
      Section 115 gives the Attorney General and the Secretary of the      
   Treasury new authority to subpoena records from a foreign bank that     
   relate to transactions occurring overseas. Under this provision, a      
   foreign bank that maintains a correspondent account in the United States
   must have a representative in the United States who will accept service 
   of a subpoena for any records of any transaction with the foreign bank  
   that occurs overseas. This is necessary to enable law enforcement to    
   determine the source of money being placed in the United States through 
   the correspondent banking system. The duty to comply with such a        
   subpoena is now a requirement for foreign banks that choose to avail    
   themselves of access to that system in the United States.               
      Subsection (c) delays the effective date for the requirement to      
   appoint a person authorized to accept service of a subpoena for 30 days,
   but once in effect, the provision allows the Government to subpoena     
   records relating to transactions occurring before the effective date of 
   the Act.                                                                
      Subsection (d) contains a conforming amendment, revising the existing
   authority in 18 U.S.C. 3486 to allow the Attorney General to issue      
   subpoenas in money laundering cases. Currently, section 3486 contains   
   such authority in health care fraud and child pornography cases. Thus,  
   the subpoena would be issued in the manner and for the purposes         
   previously authorized for the issuance of such subpoenas in those cases.
   See United States v. Doe , 235 F.3d 256 (6th Cir. 2001) (discussing     
   standard for enforcement of administrative subpoena issued under section
   3486).                                                                  
                      Section 116. Authority to Order Convicted Criminal to Return 
           Property Located Abroad                                                 
      Section 116 authorizes a court to order a criminal defendant to      
   repatriate his property to the United States in criminal cases. In      
   criminal forfeiture cases, the sentencing court is authorized to order  
   the forfeiture of ``substitute assets'' when the defendant has placed   
   the property otherwise subject to forfeiture ``beyond the jurisdiction  
   of the court.'' Frequently, this provision is applied when a defendant  
   has transferred drug proceeds or other criminally derived property to a 
   foreign country. In many cases, however, the defendant has no other     
   assets in the United States of a value commensurate with the forfeitable
   property overseas. In such cases, ordering the forfeiture of substitute 
   assets is a hollow sanction.                                            
      This section amends 21 U.S.C. 853 to make clear that a court in a    
   criminal case may issue a repatriation order--either post-trial as part 
   of the criminal sentence and judgment, or pre-trial pursuant to the     
   court's authority under 21 U.S.C. 853(e) to restrain property--so that  
   they will be available for forfeiture. Failure to comply with such an   
   order would be punishable as a contempt of court, or it could result in 
   a sentencing enhancement, such as a longer prison term, under the U.S.  
   Sentencing Guidelines, or both.                                         
           Section 117. Corporation Represented by a Fugitive                      

      Currently, 28 U.S.C. 2466 permits a court to disallow the claim filed
   in a forfeiture proceeding by a person who is a fugitive in a related   
   criminal case. The amendment clarifies that a natural person who is a   
   fugitive may not circumvent this provision by filing, or having another 
   person file, a claim on behalf of a corporation that the fugitive       
   controls.                                                               
           Section 118. Enforcement of Foreign Judgments                           

      Under current law, 28 U.S.C. 2467(d) gives Federal courts the        
   authority to enforce civil and criminal forfeiture judgments entered by 
   foreign courts. This section amends that provision to include a         
   mechanism for preserving property subject to forfeiture in a foreign    
   country.                                                                
      Specifically, a Federal court could issue a restraining order under  
   18 U.S.C. 983(j) or register and enforce a foreign restraining order, if
   the Attorney General certified that such foreign order was obtained in  
   accordance with the principles of due process. A person seeking to      
   contest the restraining order could do so on the ground that 28 U.S.C.  
   2467 was not properly applied to the particular case, but could not     
   oppose the restraining order on any ground that could also be raised in 
   the proceedings pending in a foreign court. This provision prevents     

                    a litigant from taking ``two bites at the apple'' by raising  
          objections to the basis for the forfeiture in the Federal court that he 
          also raised, or is entitled to raise, in the foreign court where the    
          forfeiture action is pending. It complements the existing provision in  
          section 2467(e) providing that the Federal court is bound by the        
          findings of fact of the foreign court, and may not look behind such     
          findings in determining whether to enter an order enforcing a foreign   
          forfeiture judgment.                                                    
      This section also amends 28 U.S.C. 2467 to make clear that it is not 
   necessary to prove that the person asserting an interest in the property
   received actual notice of the forfeiture proceedings. As is the case    
   with respect to forfeitures under U.S. law, it is sufficient if the     
   foreign nation takes steps to provide notice, in accordance with the    
   principles of due process. See Gonzalez v. United States, 1997 WL 278123
   (S.D.N.Y. 1997) (``the [G]overnment is not required to ensure actual    
   receipt of notice that is properly mailed''); Albajon v. Gugliotta , 72 
   F. Supp. 2d 1362 (S.D. Fla. 1999) (notice sent to various addresses on  
   claimant's identifications, and mailed after claimant released from     
   jail, is sufficient to satisfy due process, even if claimant never      
   received notice); United States v. Schiavo , 897 F. Supp. 644, 648 49   
   (D. Mass. 1995) (sending notice to fugitive's last known address is     
   sufficient; due process satisfied even if he did not receive the        
   notice).                                                                
      Finally, 28 U.S.C. 2467 is amended to authorize the enforcement of a 
   forfeiture judgment based on any foreign offense that would constitute  
   an offense giving rise to a civil or criminal forfeiture of the same    
   property if the offense had been committed in the United States. This is
   one of two safeguards that the statute contains against the enforcement 
   of judgments that the United States does not consider appropriate for   
   enforcement: if the judgment is based on an act that would not          
   constitute a crime in the United States, such as removing assets from   
   the reach of a repressive regime, it could not be enforced. In addition,
   section 2467 already provides that a foreign judgment may only be       
   enforced by a Federal court at the request of the United States, and    
   only after the Attorney General has certified that the judgment was     
   obtained in accordance with the principles of due process. Thus, neither
   a foreign Government nor a foreign private party could enforce a foreign
   judgment on its own under this provision.                               
                      Section 119. Reporting Provisions and Anti-Terrorist         
           Activities of United States Intelligence Agencies                       
      This section clarifies the authority of the Secretary of the Treasury
   to share Bank Secrecy Act information with the intelligence community   
   for intelligence or counterintelligence activities related to domestic  
   or international terrorism. Under current law, the Secretary may share  
   BSA information with the intelligence community for the purpose of      
   investigating and prosecuting terrorism. This section would make clear  
   that the intelligence community may use this information for purposes   
   unrelated to law enforcement.                                           
      The provision would also expand a Right to Financial Privacy Act     
   (RFPA) exemption, currently applicable to law enforcement inquiries, to 
   allow an agency or department to share relevant financial records with  
   another agency or department involved in intelligence or                
   counterintelligence activities, investigations, or analyses related to  
   domestic or international terrorism. The section would also exempt from 
   most provisions of the RFPA a government authority engaged in           
   investigations of or analyses related to domestic or international      
   terrorism. This section would also authorize the sharing of financial   
   records obtained through a Federal grand jury subpoena when relevant to 
   intelligence or counterintelligence activities, investigations, or      
   analyses related to domestic or international terrorism. In each case,  
   the transferring governmental entity must certify that there is reason  
   to believe that the financial records are relevant to such an activity, 
   investigation, or analysis.                                             
      Finally, this section facilitates government access to information   
   contained in suspected terrorists' credit reports when the governmental 
   inquiry relates to an investigation of, or intelligence activity or     
   analysis relating to, domestic or international terrorism. Even though  
   private entities such as lenders and insurers can access an individual's
   credit history, the government is strictly limited in its ability under 
   current law to obtain the information. This section would permit those  
   investigating suspected terrorists prompt access to credit histories    
   that may reveal key information about the terrorist's plan or source of 
   funding--without notifying the target. To obtain the information, the   
   governmental authority must certify to the credit bureau that the       
   information is necessary to conduct a terrorism investigation or        
   analysis. The amendment would also create a safe harbor from liability  
   for credit bureaus acting in good faith that comply with a government   
   agency's request for information.                                       
           Section 120. Financial Crimes Enforcement Network                       

      The Financial Crimes Enforcement Network, or FinCEN, was created by  
   executive order in 1990, and its duties augmented by several subsequent 
   orders. Its mission is to create and maintain a computer system that    
   holds information on financial crimes--allowing law enforcement agencies
   to view and query the data with appropriate safeguards--and to analyze  
   the information to identify leads for further investigation or possible 
   prosecution.                                                            

      This section codifies the executive orders, establishing FinCEN as a 
   permanent bureau of the Treasury, giving it a separate authorization (FY
   2002 through FY 2005) and assigning duties consistent with those of the 
   executive orders. This section also makes the Director of FinCEN a      
   Presidential appointee, with a four year term. Additionally, the section
   establishes a special unit within FinCEN to deal with informal          
   value-transferring arrangements such as the hawala organizations thought
   to be a method by which some terrorists transfer funds outside of normal
   banking channels. Also assigned as a new duty is support of the Treasury
   Secretary's efforts in tracking and controlling foreign terrorists'     
   assets by providing computer storage and analysis to the new Foreign    
   Terrorist Asset Tracking Center recently established at the Office of   
   Foreign Assets Control.                                                 
      References in section 120(c)(2) to section 552(a) of title V and the 
   Right to Financial Privacy Act are not intended by the Committee to     
   impose additional and/or more stringent standards than what the Privacy 
   Act outlines.                                                           
      This section also requires the Treasury Secretary to report to       
   Congress regularly on compliance with laws requiring the reporting of   
   foreign bank accounts, along with methods for improving compliance. The 
   Committee is aware that non-compliance with such regulations is a       
   possible method of laundering money or financing terrorism, and that    
   compliance over the last decades has been unacceptably low--probably in 
   the single-digit percentages.                                           
           Section 121. Customs Service Border Searches                            

      This section authorizes the U.S. Customs Service to conduct          
   warrantless searches of outbound mail transmitted by or for the Postal  
   Service for bulk cash, dangerous contraband, and other items subject to 
   the laws enforced by Customs. Because the Customs Service is responsible
   for enforcing laws vital to the national interest, including provisions 
   on the export of weapons of mass destruction, child pornography, and    
   munitions, there is a critical need for Customs to have this authority. 
      The Customs Service currently has the authority to conduct such      
   warrantless searches in virtually every situation in which people or    
   merchandise cross the U.S. border, including the authority to search    
   shipments sent by private carrier, such as Federal Express or United    
   Parcel Service. This section simply extends this authority to outbound  
   mail sent via the Postal Service, and is intended to ensure that in rule
   and practice Postal mail is subject to the same types of border searches
   as currently are authorized for private carrier shipments. This section 
   is not intended to change in any way the existing authority of Customs  
   to conduct border searches of shipments sent by private carriers.       
      The provision includes safeguards prohibiting Customs officers from  
   reading any correspondence in mail sent by the Postal Service without a 
   search warrant or the written consent of the sender or addressee.       
   Finally, with regard to sealed letter class mail exported by the Postal 
   Service, it is intended that Customs officers must have reasonable      
   suspicion that such mail contains merchandise before opening or         
   examining it. This parallels the existing rule for Customs border       
   searches of imported letter class mail. See 19 C.F.R. 145.3.            
                      Section 122. Prohibition on False Statements to Financial    
           Institutions Concerning the Identity of a Customer                      
      This section makes it a Federal crime, punishable by up to 5 years in
   prison, for a person submitting information to a financial institution  
   to knowingly falsify or conceal their true identity in a transaction    
   with a financial institution, including a bank, securities firm, or     
   insurance company.                                                      
           Section 123. Verification of Identification                             

      Section 123(a) amends 31 U.S.C. 5318 by adding a new subsection      
   governing the identification of account holders. Paragraph (1) directs  
   Treasury to prescribe regulations setting forth minimum standards for   
   customer identification by financial institutions in connection with the
   opening of an account. By referencing ``customers'' in this section, the
   Committee intends that the regulations prescribed by Treasury take an   
   approach similar to that of regulations promulgated under title V of the
   Gramm-Leach-Bliley Act of 1999, where the functional regulators defined 
   ``customers'' and ``customer relationship'' for purposes of the         
   financial privacy rules. Under this approach, for example, where a      
   mutual fund sells its shares to the public through a broker-dealer and  
   maintains a ``street name'' or omnibus account in the broker-dealer's   
   name, the individual purchasers of the fund shares are customers of the 
   broker-dealer, rather than the mutual fund. The mutual fund would not be
   required to ``look through'' the broker-dealer to identify and verify   
   the identities of those customers. Similarly, where a mutual fund sells 
   its shares to a qualified retirement plan, the plan, and not its        
   participants, would be the fund's customers. Thus, the fund would not be
   required to ``look through'' the plan to identify its participants.     
      Paragraph (2) requires that the regulations must, at a minimum,      
   require financial institutions to implement procedures to verify (to the
   extent reasonable and practicable) the identity of any person seeking   

                    to open an account, maintain records of the information used  
          to do so, and consult applicable lists of known or suspected terrorist  
          or terrorist organizations. The lists of known or suspected terrorists  
          that the Committee intends financial institutions to consult are those  
          already supplied to financial institutions by the Office of Foreign     
          Asset Control (OFAC), and occasionally by law enforcement and regulatory
          authorities, as in the days immediately following the September 11,     
          2001, attacks on the World Trade Center and the Pentagon. It is the     
          Committee's intent that the verification procedures prescribed by       
          Treasury make use of information currently obtained by most financial   
          institutions in the account opening process. It is not the Committee's  
          intent for the regulations to require verification procedures that are  
          prohibitively expensive or impractical.                                 
      Paragraph (3) requires that Treasury consider the various types of   
   accounts maintained by various financial institutions, the various      
   methods of opening accounts, and the various types of identifying       
   information available in promulgating its regulations. This would       
   require Treasury to consider, for example, the feasibility of obtaining 
   particular types of information for accounts opened through the mail,   
   electronically, or in other situations where the accountholder is not   
   physically present at the financial institution. Millions of Americans  
   open accounts at mutual funds, broker-dealers, and other financial      
   institutions in this manner; it is not the Committee's intent that the  
   regulations adopted pursuant to this legislation impose burdens that    
   would make this prohibitively expensive or impractical. This provision  
   allows Treasury to adopt regulations that are appropriately tailored to 
   these types of accounts.                                                
      Current regulatory guidance instructs depository institutions to make
   reasonable efforts to determine the true identity of all customers      
   requesting an institution's services. (See, e.g., FDIC Division of      
   Supervision Manual of Exam Policies, section 9.4 VI.) The Committee     
   intends that the regulations prescribed under this section adopt a      
   similar approach, and impose requirements appropriate to the size,      
   location, and type of business of an institution.                       
      Paragraph (4) requires that Treasury consult with the appropriate    
   functional regulator in developing the regulations. This will help      
   ensure that the regulations are appropriately tailored to the business  
   practices of various types of financial institutions, and the risks that
   such practices may pose.                                                
      Paragraph (5) gives each functional regulator the authority to       
   exempt, by regulation or order, any financial institution or type of    
   account from the regulations prescribed under paragraph (1).            
      Paragraph (6) requires that Treasury's regulations prescribed under  
   paragraph (1) become effective within one year after enactment of this  
   bill.                                                                   
           Section 124. Consideration of Anti-Money Laundering Record              

      This section amends the Bank Holding Company Act and Federal Deposit 
   Insurance Act to require Federal banking regulators, when considering   
   merger applications, to take into account the effectiveness of all      
   parties to the transaction in combating and preventing money laundering 
   activities, including in overseas branches.                             
                      Section 125. Reporting of Suspicious Activities by Informal  
           Underground Banking Systems, such as Hawalas                            
      Although the Committee believes that informal value transfer banking 
   systems like hawalas are already adequately covered by references to    
   money transmitting businesses in certain provisions of existing law,    
   this section makes that understanding explicit. First, it makes clear   
   that informal value transfer banking systems are included in the        
   definition of ``financial institutions'' under the Bank Secrecy Act.    
   Second, it makes clear such systems are included under statutory        
   registration requirements for money transmitting businesses. Third, it  
   makes clear that informal value transfer banking systems are included   
   under record-keeping rules for international wire transfers.            
      The section requires the Secretary of the Treasury to report to      
   Congress within one year from the date of enactment on the need for any 
   additional legislation relating to informal value transfer banking      
   systems. The report is to cover such items as anti-money laundering and 
   other regulatory controls, including a discussion of whether the $5,000 
   threshold for the filing of suspicious activity reports (SARs) should be
   lowered for hawalas and similar systems.                                
                   TITLE II--PUBLIC-PRIVATE COOPERATION                  

           Section 201. Establishment of Highly Secure Network                     

      This section directs the Secretary of the Treasury to establish a    
   highly secure computer network dedicated to (1) receiving electronic    
   filings of reports of suspicious activity and large currency            
   transactions filed by financial institutions; and (2) providing         
   financial institutions with alerts and other information regarding      
   suspicious activity that warrants immediate and enhanced scrutiny. The  
   network is to be fully operational within nine months of the date of    
   enactment of this legislation.                                          

           Section 202. Report on Improvements in Data Access and Other Issues     

      The section requires the Secretary of the Treasury to file three     
   separate reports to Congress within six months of enactment, covering:  
      (1) Progress made in the improvements of data entry, data access and 
   data analysis with respect to the computer systems maintained by the    
   Financial Crimes Enforcement Network (FinCEN);                          
      (2) Technical, legal and other barriers to the exchange of financial 
   crime prevention and detection information between Federal              
   law-enforcement agencies; and,                                          
      (3) The nature and extent of private banking activities in the United
   States.                                                                 
      The Committee continues to be concerned that FinCEN computer systems 
   are not used to their maximum efficiency because it is difficult, costly
   and time-consuming to enter data into them; analytical tools need       
   constant improvement; and a number of technical and legal constraints as
   well as some inter-agency ``turf'' issues appear to prevent all         
   financial crime data from being housed in a single system to which all  
   Federal law enforcement has access. The Committee believes that constant
   improvement must be made to the FinCEN system's hardware and software to
   improve its effectiveness, and that until such barriers to data-sharing 
   are eliminated, FinCEN will be impaired in performance of its mission,  
   and enforcement of anti-money-laundering and anti-terrorism laws will   
   suffer as a result.                                                     
                      Section 203. Reports to the Financial Services Industry on   
           Suspicious Financial Activities                                         
      This section directs the Secretary of the Treasury to disseminate    
   quarterly reports to the financial services industry identifying and    
   analyzing patterns of suspicious financial activity disclosed by the    
   reports filed by the industry pursuant to the Bank Secrecy Act.         
           Section 204. Efficient Use of Currency Transaction Report System        

      This section requires the Secretary of the Treasury to report to     
   Congress within 90 days of enactment on (1) possible expansion of the   
   statutory exemptions to the CTR requirement available under current law;
   and (2) methods for improving compliance by financial institutions with 
   the exemptions. The Committee intends that the Secretary's report look  
   specifically at methods to reduce unnecessary filing of CTRs, and to    
   improve the quality of data available to law enforcement. The Committee 
   does not intend that the Secretary's review encompass the issue of      
   increasing the monetary thresholds for filing CTRs.                     
           Section 205. Public-Private Task Force on Terrorist Financing Issues    

      This section mandates the creation of a public-private task force,   
   under the aegis of the Bank Secrecy Act Advisory Group, to focus on     
   issues related to terrorist financing. Among the issues to be addressed 
   by the task force are the methods used by terrorist organizations to    
   transfer funds globally and within the U.S., including through the use  
   of charitable organizations; the relationship between international     
   narcotics traffickers and foreign terrorist organizations; and the means
   of facilitating the identification of accounts and transactions         
   involving terrorist groups, and facilitating the exchange of information
   concerning terrorist financing between financial institutions and law   
   enforcement organizations.                                              
           Section 206. Suspicious Activity Reporting Requirements                 

      This section directs the Secretary of the Treasury, in consultation  
   with the Securities Exchange Commission (SEC), to publish by no later   
   than December 31, 2001, a proposed regulation requiring securities      
   broker-dealers to file Suspicious Activity Reports. The Secretary is    
   also authorized, in consultation with the Commodity Futures Trading     
   Commission (CFTC), to prescribe regulations requiring futures commission
   merchants, commodity trading advisors, and commodity pool operators     
   registered under the Commodity Exchange Act (CEA) to file Suspicious    
   Activity Reports.                                                       
      At the time the Secretary of the Treasury proposes any reporting     
   rules for futures commission merchants, the Secretary should consult    
   with the Securities and Exchange Commission and the Commodity Futures   
   Trading Commission and take steps to provide for a reporting process for
   entities registered as both securities brokers or dealers and futures   
   commission merchants that requires only a single report, to the extent  
   practicable and consistent with the Bank Secrecy Act. The Secretary     
   should also act to prevent inconsistent regulations being applied to    
   dually registered entities. Further, the Secretary should consult with  
   the Commodity Futures Trading Commission to promote the use of a single 
   reporting form for the Commodity Futures Trading Commission and         
   Treasury, to the extent practicable and consistent with the Bank Secrecy
   Act.                                                                    
      The Committee notes that, under the Bank Secrecy Act, the Secretary  
   currently has the authority to require Suspicious Activity Reports of   
   entities similar to futures commission merchants, commodity trading     
   advisors, and commodity pool operators, namely registered investment    
   advisors and registered investment companies. Accordingly, registered   
   investment advisors and registered investment companies are not         
   specifically identified in section 206(a). The Secretary and the        

                    Commodity Futures Trading Commission should consider the money
          laundering regulations and requirements imposed on registered investment
          companies and investment advisors when considering what regulations, if 
          any, should apply to registered commodity pool operators and commodity  
          trading advisors so as to ensure that these similar entities are treated
          in a comparable manner.                                                 
           Section 207. Amendments Relating to Reporting of Suspicious Activities  

      Subsection (a) of section 207 makes certain technical and clarifying 
   amendments to 31 U.S.C. 5318(g)(3), the Bank Secrecy Act's ``safe       
   harbor'' provision that protects financial institutions that disclose   
   possible violations of law or regulation from civil liability for       
   reporting their suspicions and for not alerting those identified in the 
   reports. The safe harbor is directed at Suspicious Activity Reports and 
   similar reports to the government and regulatory authorities under the  
   Bank Secrecy Act.                                                       
      First, section 207(a) amends section 5318(g)(3) to make clear that   
   the safe harbor from civil liability applies in arbitration, as well as 
   judicial, proceedings. Second, it amends section 5318(g)(3) to clarify  
   the safe harbor's coverage of voluntary disclosures (that is, those not 
   covered by the SAR regulatory reporting requirement). The language in   
   section 5318(g)(3)(A) providing that ``any financial institution that * 
   * * makes a disclosure pursuant to * * * any other authority * * * shall
   not be liable to any person'' is not intended to avoid the application  
   of the reporting and disclosure provisions of the Federal securities    
   laws to any person, or to insulate any issuers from private rights of   
   actions for disclosures made under the Federal securities laws.         
      Subsection 207(b) amends section 5318(g)(2) of title 31--which       
   currently prohibits notification of any person involved in a transaction
   reported in a SAR that a SAR has been filed--to clarify (1) that any    
   government officer or employee who learns that a SAR has been filed may 
   not disclose that fact to any person identified in the SAR, except as   
   necessary to fulfill the officer or employee's official duties, and (2) 
   that disclosure by a financial institution of potential wrongdoing in a 
   written employment reference provided in response to a request from     
   another financial institution pursuant to section 18(v) of the Federal  
   Deposit Insurance Act, or in a written termination notice or employment 
   reference provided in accordance with the rules of a securities         
   self-regulatory organization, is not prohibited simply because the      
   potential wrongdoing was also reported in a SAR.                        
                      Section 208. Authorization to Include Suspicions of Illegal  
           Activity in Written Employment References                               
      This section deals with the same employment reference issue addressed
   in section 207 but with respect to title 12. Occasionally banks develop 
   suspicions that a bank officer or employee has engaged in potentially   
   unlawful activity. These suspicions typically result in the bank filing 
   a SAR. Under present law, however, the ability of banks to share these  
   suspicions in written employment references with other banks when such  
   an officer or employee seeks new employment is unclear. Section 208     
   would amend 12 U.S.C. 1828 to permit a bank, upon request by another    
   bank, to share information in a written employment reference concerning 
   the possible involvement of a current or former officer or employee in  
   potentially unlawful activity without fear of civil liability for       
   sharing the information, but only to the extent that the disclosure does
   not contain information which the bank knows to be false, and the bank  
   has not acted with malice or with reckless disregard for the truth in   
   making the disclosure.                                                  
                      Section 209. International Cooperation on Identification of  
           Originators of Wire Transfers                                           
      This section directs the Secretary of the Treasury, in consultation  
   with the Attorney General and the Secretary of State, to (1) take all   
   reasonable steps to encourage foreign governments to require the        
   inclusion of the name of the originator in wire transfer instructions   
   sent to the U.S. and other countries; and (2) report annually to        
   Congress on Treasury's progress in achieving this objective, and on     
   impediments to instituting a regime in which all appropriate            
   identification about wire transfer recipients is included with wire     
   transfers from their point of origination until disbursement.           
      The Committee is concerned that inadequate information on the        
   originator of wire transfers from a number of foreign jurisdictions     
   makes it difficult for both law enforcement and financial institutions  
   to properly understand the source of funds entering the United States in
   wire transfers. Such a lack of clarity could aid money launderers or    
   terrorists in moving their funds into the United States financial       
   system. Additionally, while arguments have been made that there are     
   technical impediments to requiring that complete addressee information  
   appear on all wire transfers terminating in or passing through the      
   United States, the Committee believes that having such information is   
   technically feasible and would aid both financial institutions in       
   performing due diligence and law enforcement in tracking or seizing     
   money that is the derivative of or would be used in the commission of a 
   crime.                                                                  

           Section 210. Check Truncation Study                                     

      This section directs the Secretary of the Treasury, in consultation  
   with the Attorney General and the Federal Reserve Board of Governors, to
   study the impact on crime prevention, law enforcement, and the          
   administration of consumer protection laws of check electronification,  
   through truncation or migration from paper checks.                      
           TITLE III--COMBATING INTERNATIONAL MONEY LAUNDERING           

                      Section 301. Special Measures for Jurisdictions, Financial   
           Institutions, or International Transactions of Primary Money Laundering 
           Concern                                                                 
      Section 301 adds a new section 5318A to the Bank Secrecy Act,        
   authorizing the Secretary of the Treasury to require domestic financial 
   institutions and agencies to take one or more of five ``special         
   measures'' if the Secretary finds that reasonable grounds exist to      
   conclude that a foreign jurisdiction, a financial institution operating 
   outside the United States, a class of international transactions, or one
   or more types of accounts is a ``primary money laundering concern.''    
   Prior to invoking any of the special measures contained in section      
   5318A(b), the Secretary is required to consult with the Chairman of the 
   Board of Governors of the Federal Reserve System, any other appropriate 
   Federal banking agency, the Securities and Exchange Commission, the     
   National Credit Union Administration Board, and, in the sole discretion 
   of the Secretary, such other agencies and interested parties as the     
   Secretary may find to be appropriate. Among other things, this          
   consultation is designed to ensure that the Secretary possesses         
   information on the effect that any particular special measure may have  
   on the domestic and international banking system. In addition, the      
   Committee encourages the Secretary to consult with non-governmental     
   ``interested parties,'' including, for example, the Bank Secrecy Act    
   Advisory Group, to obtain input from those who may be subject to a      
   regulation or order under this section.                                 
      Prior to invoking any of the special measures contained in section   
   5318A, the Secretary must consider three discrete factors, namely (1)   
   whether other countries or multilateral groups have taken similar       
   action; (2) whether the imposition of the measure would create a        
   significant competitive disadvantage, including any significant cost or 
   burden associated with compliance, for firms organized or licensed in   
   the United States; and (3) the extent to which the action would have an 
   adverse systemic impact on the payment system or legitimate business    
   transactions.                                                           
      Finally, subsection (a) makes clear that this new authority is not to
   be construed as superseding or restricting any other authority of the   
   Secretary or any other agency.                                          
      Subsection (b) of the new section 5318A outlines the five ``special  
   measures'' the Secretary may invoke against a foreign jurisdiction,     
   financial institution operating outside the U.S., class of transaction  
   within, or involving, a jurisdiction outside the U.S., or one or more   
   types of accounts, that he finds to be of primary money laundering      
   concern.                                                                
   The first such measure would require domestic financial institutions\2\ 

    to maintain records and/or file reports on certain transactions        
   involving the primary money laundering concern, to include any          
   information the Secretary requires, such as the identity and address of 
   participants in a transaction, the legal capacity in which the          
   participant is acting, the beneficial ownership of the funds (in        
   accordance with steps that the Secretary determines to be reasonable and
   practicable to obtain such information), and a description of the       
   transaction. The records and/or reports authorized by this section must 
   involve transactions from a foreign jurisdiction, a financial           
   institution operating outside the United States, or class of            
   international transactions within, or involving, a foreign jurisdiction,
   and are not to include transactions that both originate and terminate   
   in, and only involve, domestic financial institutions.                  
   \2\The term ``domestic financial institution'' means a financial        
   institution, wherever organized, that operates in the United States, but
   only to the extent of its U.S. operations. See 31 U.S.C. 5312(b)(2).    
      The second special measure would require domestic financial          
   institutions to take such steps as the Secretary determines to be       
   reasonable and practicable to ascertain beneficial ownership of accounts
   opened or maintained in the U.S. by a foreign person (excluding publicly
   traded foreign corporations) associated with what has been determined to
   be a primary money laundering concern.                                  
      The third special measure the Secretary could impose in the case of a
   primary money laundering concern would require domestic financial       
   institutions, as a condition of opening or maintaining a                
   ``payable-through account'' for a foreign financial institution, to     
   identify each customer (and representative of the customer) who is      
   permitted to use or whose transactions flow through such an account, and
   to obtain for each customer (and representative) information that is    
   substantially comparable to the information it would obtain with respect
   to its own customers. A ``payable-through account'' is defined for      
   purposes of the                                                         

                    legislation as an account, including a transaction account (as
          defined in section 19(b)(1)(C) of the Federal Reserve Act), opened at a 
          depository institution by a foreign financial institution by means of   
          which the foreign financial institution permits its customers to engage,
          either directly or through a sub-account, in banking activities usual in
          connection with the business of banking in the United States.           
      The fourth special measure the Secretary could impose in the case of 
   a primary money laundering concern would require domestic financial     
   institutions, as a condition of opening or maintaining a                
   ``correspondent'' account for a foreign financial institution, to       
   identify each customer (and representative of the customer) who is      
   permitted to use or whose transactions flow through such an account, and
   to obtain for each customer (and representative) information that is    
   substantially comparable to the information that it would obtain with   
   respect to its own customers. With respect to a bank, the term          
   ``correspondent account'' means an account established to receive       
   deposits from and make payments on behalf of a foreign financial        
   institution.                                                            
      The fifth measure the Secretary could impose in the case of a primary
   money laundering concern would prohibit or impose conditions (beyond    
   those already provided for in the third and fourth measures) on domestic
   financial institutions' correspondent or payable-through accounts with  
   foreign banking institutions. In addition to the required consultation  
   with the Chairman of the Board of Governors of the Federal Reserve,     
   prior to imposing this measure the Secretary is also directed to consult
   with the Secretary of State and the Attorney General.                   
      The five special measures authorized by this section may be imposed  
   in any sequence or combination as the Secretary determines. The first   
   four special measures may be imposed by regulation, order, or otherwise 
   as permitted by law. However, if the Secretary proceeds by issuing an   
   order, the order must be accompanied by a notice of proposed rulemaking 
   relating to the imposition of the special measure, and may not remain in
   effect for more than 120 days, except pursuant to a regulation          
   prescribed on or before the end of the 120-day period. The fifth special
   measure may be imposed only by regulation.                              
      Section 5318A(c) guides the Secretary's determination whether        
   reasonable grounds exist to conclude that a jurisdiction, financial     
   institution class of international transactions or type of account is of
   ``primary money laundering concern.'' In determining whether reasonable 
   grounds exist for reaching this conclusion regarding a particular       
   jurisdiction, the Secretary is to consider relevant information,        
   including: (1) evidence that organized criminal groups, international   
   terrorists, or both, have transacted business in that jurisdiction; (2) 
   the extent to which the jurisdiction or financial institutions operating
   in the jurisdiction offer bank secrecy or other regulatory advantages to
   nonresidents; (3) the quality of the jurisdiction's bank supervision and
   anti-money laundering laws; (4) the volume of financial transactions    
   occurring in the jurisdiction relative to its economic size; (5) whether
   credible international entities characterize the jurisdiction as a bank 
   secrecy haven; (6) whether the United States has a mutual legal         
   assistance treaty with the jurisdiction and what the U.S. experience in 
   obtaining information from the jurisdiction has been; and (7) the extent
   to which the jurisdiction is characterized by high levels of official or
   institutional corruption.                                               
      In deciding whether reasonable grounds exist to conclude that an     
   institution, a class of transactions, or a type of account represent a  
   primary money laundering concern, the Secretary is to consider: (1) the 
   extent to which the institution, transaction, or account facilitates    
   money laundering; (2) the extent to which the institution, transaction, 
   or account is used for legitimate business; and (3) the extent to which 
   the Secretary's finding will be effective in guarding against money     
   laundering.                                                             
      To ensure that the Secretary is apprised of the pertinent diplomatic 
   and law enforcement implications of determinations made pursuant to this
   section, subsection (c)(1) requires the Secretary to consult with the   
   Secretary of State and the Attorney General. The Committee expects that 
   the Secretary will not routinely determine that reasonable grounds exist
   to conclude that a jurisdiction, financial institution, class of        
   international transactions, or type of account is of primary money      
   laundering concern, but instead will exercise this authority only to    
   combat identified and significant money laundering threats.             
      Subsection (d) requires the Secretary to notify, in writing, the     
   relevant Committees in the House and Senate within 10 days of taking a  
   special measure to address a primary money laundering concern.          
      Subsection (e) defines the terms ``account,'' ``correspondent        
   account,'' and ``payable-through account'' for banks, and requires the  
   Secretary, in consultation with the appropriate Federal functional      
   regulators, to define these terms for application to non-bank financial 
   institutions.                                                           
      Subsection (e) also requires the Secretary of the Treasury to        
   promulgate regulations defining beneficial ownership of an account for  
   purposes of subchapter II of title 31. The regulations are required to  
   address issues related to an individual's authority to fund, direct or  
   manage the account (including the power to direct payments into or out  
   of the account), and an individual's material interest in the income    

                    or corpus of the account, and must ensure that the            
          identification of individuals under this section does not extend to any 
          individual whose beneficial interest in the income or corpus of the     
          account is immaterial.                                                  
      Section 301 also amends the definition of ``financial institution''  
   in 31 U.S.C. 5312 to include credit unions, futures commission          
   merchants, commodity trading advisors, and commodity pool operators     
   registered, or required to register, under the Commodity Exchange Act.  
   The section also clarifies that for purposes of this Act and any        
   amendment made by this Act to any other provision of law, the term      
   ``Federal functional regulator'' includes the Commodity Futures Trading 
   Commission.                                                             
                      Section 302. Special Due Diligence for Correspondent Accounts
           and Private Banking Accounts                                            
      Section 302 amends 31 U.S.C. 5318 to require financial institutions  
   that establish, maintain, administer, or manage private banking or      
   correspondent accounts for non-U.S. persons to establish appropriate,   
   specific, and, where necessary, enhanced due diligence policies,        
   procedures, and controls to detect and report instances of money        
   laundering through those accounts.                                      
      The section requires financial institutions to apply enhanced due    
   diligence procedures when opening or maintaining a correspondent account
   for a foreign bank operating (1) under a license to conduct banking     
   activities which, as a condition of the license, prohibits the licensed 
   entity from conducting banking activities with the citizens of, or with 
   the local currency of, the country which issued the license; or (2)     
   under a license issued by a foreign country that has been designated (a)
   as non-cooperative with international anti-money laundering principles  
   by an intergovernmental group or organization of which the United States
   is a member, with which designation the Secretary of the Treasury       
   concurs, or (b) by the Secretary as warranting special measures due to  
   money laundering concerns.                                              
      The enhanced due diligence procedures include (1) ascertaining the   
   identity of each of the owners of the foreign bank (except for banks    
   that are publicly traded); (2) conducting enhanced scrutiny of the      
   correspondent account to guard against money laundering and report any  
   suspicious activity; and (3) ascertaining whether the foreign bank      
   provides correspondent accounts to other foreign banks and, if so, the  
   identity of those foreign banks and related due diligence information.  
      For private banking accounts requested or maintained by a non-United 
   States person, a financial institution is required to implement         
   procedures for (1) ascertaining the identity of the nominal and         
   beneficial owners of, and the source of funds deposited into, the       
   account as needed to guard against money laundering and report          
   suspicious activity; and (2) conducting enhanced scrutiny of any such   
   account requested or maintained by, or on behalf of, a senior foreign   
   political figure, or his immediate family members or close associates,  
   to prevent, detect and report transactions that may involve the proceeds
   of foreign corruption. A private bank account is defined as an account  
   (or any combination of accounts) that requires a minimum aggregate      
   deposit of funds or other assets of not less than $1 million; is        
   established on behalf of one or more individuals who have a direct or   
   beneficial ownership in the account; and is assigned to, or administered
   or managed by, an officer, employee or agent of a financial institution 
   acting as a liaison between the institution and the direct or beneficial
   owner of the account.                                                   
      This section directs the Secretary of the Treasury, within 6 months  
   of enactment of this bill and in consultation with appropriate Federal  
   functional regulators, to further define and clarify, by regulation, the
   requirements imposed by this section.                                   
                      Section 303. Prohibition on United States Correspondent      
           Accounts with Foreign Shell Banks                                       
      This section bars U.S. depository institutions from providing        
   correspondent banking services to foreign shell banks that have no      
   physical presence in any country. It also requires depository           
   institutions to take reasonable steps to ensure that any correspondent  
   account established, maintained, administered or managed for a foreign  
   bank is not being used to indirectly provide banking services to another
   foreign bank that does not have a physical presence in any country. This
   section does not prevent a U.S. bank from opening a correspondent       
   account for a foreign bank that is (1) affiliated with a depository     
   institution, credit union, or other foreign bank that maintains a       
   physical presence in the U.S. or a foreign country, and (2) is subject  
   to supervision by a banking authority in the country regulating the     
   affiliated entity.                                                      
      The Secretary of the Treasury is directed to prescribe regulations   
   delineating reasonable steps necessary for a depository institution to  
   comply with this section.                                               
           Section 304. Anti-Money Laundering Programs                             

      This section directs financial institutions to establish anti-money  
   laundering programs, including the development of internal policies,    
   procedures, and controls; the designation of an officer of the financial

                    institution responsible for compliance; an ongoing employee   
          training program; and an independent audit function to test programs.   
      The Secretary of the Treasury is required to prescribe regulations   
   implementing this section within 180 days of enactment of this Act,     
   taking into consideration the extent to which the requirements imposed  
   by such regulations are commensurate with the size, location and        
   activities of the financial institutions to which such regulations      
   apply. The Committee believes that the regulations to be issued by the  
   Secretary under this section, and those issued by banking and thrift    
   regulators as well under other authority, could contribute to the       
   detection and prevention of money laundering crimes by reconciling rules
   that could be interpreted in a way that places conflicting burdens on   
   financial institutions.                                                 
           Section 305. Concentration Accounts at Financial Institutions           

      This section gives the Secretary of the Treasury discretionary       
   authority to prescribe regulations governing the maintenance of         
   concentration accounts by financial institutions, to ensure that these  
   accounts are not used to prevent association of the identity of an      
   individual customer with the movement of funds of which the customer is 
   the direct or beneficial owner. If promulgated, the regulations are     
   required to prohibit financial institutions from allowing clients to    
   direct transactions into, out of, or through the concentration accounts 
   of the institution; prohibit financial institutions and their employees 
   from informing customers of the existence of, or means of identifying,  
   the concentration accounts of the institution; and to establish written 
   procedures governing the documentation of all transactions involving a  
   concentration account.                                                  
                      Section 306. International Cooperation in Investigations of  
           Money Laundering, Financial Crimes, and the Finances of Terrorist Groups
      This section directs the Secretary of the Treasury, in consultation  
   with the Attorney General, the Secretary of State, and the Board of     
   Governors of the Federal Reserve, to enter into negotiations with the   
   appropriate financial supervisory agencies and other officials of any   
   foreign country whose financial institutions do business with United    
   States financial institutions or which may be utilized by any foreign   
   terrorist organization, any person who is a member or representative of 
   any such organization, or any person engaged in money laundering or     
   financial or other crimes. The purpose of the negotiations is to further
   cooperative efforts to (1) ensure that foreign banks and other financial
   institutions maintain adequate records of large United States currency  
   transactions, and transaction and account information relating to any   
   foreign terrorist organization or member or representative thereof, or  
   any person engaged in money laundering or financial or other crimes; and
   (2) establish a mechanism for making such records available to United   
   States law enforcement officials and domestic financial institution     
   supervisors, where appropriate.                                         
      The Secretary of the Treasury is required to submit an interim report
   to Congress on progress in the negotiations outlined above within one   
   year of the date of enactment of this Act, and a final report on the    
   outcome of the negotiations to the President and the Congress within two
   years. In the final report, the Secretary is directed to identify       
   countries whose financial institutions are being utilized by any foreign
   terrorist organization or representative or member thereof, or any      
   person engaged in money laundering or financial or other crimes, and    
   which have not reached agreement with the United States on the          
   maintenance and exchange of information relating to such activities.    
      If the President determines that a country identified in the report  
   is not negotiating in good faith with the United States to reach        
   agreement on matters identified in this section, or that a financial    
   institution in such country has not complied with a United States       
   request for information regarding a foreign terrorist organization or a 
   person engaged in money laundering for any such organization, the       
   President may impose appropriate penalties on such country. The         
   penalties imposed by the President may include prohibiting persons,     
   institutions, or other entities in the relevant foreign country from (1)
   participating in any United States dollar clearing or wire transfer     
   system; and (2) maintaining an account with any bank or other financial 
   institution chartered under United States law.                          
                      Section 307. Prohibition on Acceptance of Any Bank Instrument
           for Unlawful Internet Gambling                                          
      This section prohibits a gambling business from accepting bank       
   instruments in connection with unlawful Internet gambling. Covered      
   instruments include credit cards, electronic fund transfers, and checks.
   A financial intermediary would not be held responsible under this       
   section unless it was involved in the actual operation of an illegal    
   Internet gambling site. The legislation covers only unlawful Internet   
   gambling, and would not apply to future lawful Internet gambling should 
   a State decide to authorize it, as Nevada did this year in passing      
   legislation to authorize in-State Internet gambling, provided such      
   operations do not violate Federal law.                                  
      Subsection (b) defines the term ``bets or wagers'' as the staking or 
   risking by any person of something of value upon the outcome of a       

                    contest of others, a sporting event, or a game predominantly  
          subject to chance with the agreement that the winner will receive       
          something of greater value than the amount staked or risked. This       
          subsection clarifies that ``bets or wagers'' does not include a bona    
          fide business transaction governed by the securities laws; a transaction
          subject to the Commodity Exchange Act; an over-the-counter derivative   
          instrument; a contract of indemnity or guarantee; a contract for life,  
          health, or accident insurance; a deposit with a depository institution; 
          or certain participation in a simulation sports game or education game. 
          The subsection also clarifies that ``business of betting or wagering''  
          does not generally include any financial intermediary (creditor, credit 
          card issuer, insured depository institution, transmitter of an electric 
          fund transfer, money transmitting business, or network used to effect a 
          credit transaction, electronic fund transfer, stored value product      
          transaction, or money transmitting service, or any participant in such  
          network). Subsection (b) also defines the terms ``Internet'' and        
          ``unlawful Internet gambling.''                                         
      Subsection (c) authorizes civil remedies, including a preliminary    
   injunction, or injunction against any person other than an Internet     
   service provider (unless that Internet service provider is acting in    
   concert or participation with a person violating this section and       
   receives actual knowledge of the order) to prevent or restrain a        
   violation of this section, including expedited proceedings in exigent   
   circumstances. The subsection authorizes such proceedings to be brought 
   by the U.S. Attorney General, or the attorney general of a State or     
   other appropriate State official. The subsection clarifies that this    
   section should not be construed as altering, superseding, or otherwise  
   affecting the application of the Indian Gaming Regulatory Act. The      
   subsection requires that, before any proceeding under this subsection is
   initiated against an insured depository institution, notification must  
   be made to the appropriate Federal banking agency and such agency must  
   be allowed a reasonable time to issue the appropriate regulatory order. 
      Subsection (d) authorizes criminal penalties for violation of 307(a),
   including fines or imprisonment for not more than five years, or both.  
   The subsection also authorizes a permanent injunction against a person  
   convicted under this subsection, enjoining such person from placing,    
   receiving, or otherwise making bets or wagers or sending, receiving, or 
   inviting information assisting in the placing of bets or wagers.        
      Subsection (e) provides that the safe harbor provided to a financial 
   intermediary (creditor, credit card issuer, financial institution,      
   operator of a terminal at which an electronic fund transfer may be      
   initiated, money transmitting business, or national, regional, or local 
   network) under subsection (b)(2) does not apply to a financial          
   intermediary that operates, manages, supervises, or directs an Internet 
   website at which unlawful bets or wagers are or may be placed, received,
   or otherwise made; or is owned or controlled by any person who operates,
   manages, supervises, or directs such an Internet website.               
      Subsection (f) allows the appropriate Federal banking agency to      
   prohibit an insured depository institution from extending credit, or    
   facilitating an extension of credit, electronic fund transfer, or money 
   transmitting service, or from paying, transferring, or collecting on any
   check, draft, or other instrument drawn on any depository institution,  
   where the institution has actual knowledge that a person is violating   
   this section in connection with such activities. This subsection, in    
   conjunction with subsections (b)(2) and (e), is intended to ensure that 
   a financial intermediary is not held liable for a violation of this     
   section solely based on the unknowing and unintentional involvement of  
   the intermediary through the use of the facilities of such intermediary 
   in an unlawful Internet gambling transaction, unless the intermediary   
   acted as an agent of a gambling business and had: (1) actual knowledge  
   that the specific transaction is an unlawful Internet gambling          
   transaction; and (2) the intent to engage in the business of submitting 
   into the payment system Internet gambling transactions prohibited by    
   this section.                                                           
           Section 308. Internet Gambling In or Through Foreign Jurisdictions      

      This section provides that, in deliberations between the U.S.        
   Government and any other country on money laundering, corruption, and   
   crime issues, the U.S. Government should encourage cooperation by       
   foreign governments in identifying whether Internet gambling operations 
   are being used for money laundering, corruption, or other crimes,       
   advance policies that promote the cooperation by foreign governments in 
   the enforcement of this Act, and encourage the Financial Action Task    
   Force on Money Laundering to study the extent to which Internet gambling
   operations are being used for money laundering.                         
                      TITLE IV--CURRENCY PROTECTION                      

           Section 401. Counterfeiting Domestic Currency and Obligations           

      This section makes it a criminal offense to possess an electronic    
   image of an obligation or security document of the United States with   
   intent to defraud. The provision harmonizes counterfeiting language to  
   clarify that possessing either analog or digital copies with intent to  
   defraud constitutes an offense. This section mimics existing language   
   that makes it a felony to possess the plates from which currency can be 
   printed, and takes into account the fact that most counterfeit currency 
   seized today is generated by computers or computer-based equipment. The 
   section also increases maximum sentences for a series of counterfeiting 
   offenses.                                                               
           Section 402. Counterfeiting Foreign Currency and Obligations            

      This section conforms the legal prohibition on counterfeiting foreign
   security documents or obligations within the U.S. to that of            
   counterfeiting U.S. security documents or obligations, and raises       
   penalties to parity with those established in section 401.              
           Section 403. Production of Documents                                    

      This section allows the Secretary of the Treasury to authorize       
   production of currency, stamps or other security documents for foreign  
   countries if such work does not interfere with the production of such   
   documents for the U.S. and if the Secretary of State has concurred in   
   the production.                                                         
           Section 404. Reimbursement                                              

      This section provides that the Treasury be fully reimbursed for the  
   printing authorized in section 403, including all real, administrative  
   and other costs, by the foreign nation for which production services are
   performed.                                                              

                   CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED          

     In compliance with clause 3(e) of rule XIII of the Rules of the House
  of Representatives, changes in existing law made by the bill, as        
  reported, are shown as follows (existing law proposed to be omitted is  
  enclosed in black brackets, new matter is printed in italic, existing   
  law in which no change is proposed is shown in roman):                  
                                TITLE 31, UNITED STATES CODE                      

         * * * * * * *                                                           

                            CHAPTER 3--DEPARTMENT OF THE TREASURY                 


         * * * * * * *                                                           

                                 SUBCHAPTER I--ORGANIZATION                       

 Sec.                                                                    

      301. Department of the Treasury.                                        

         * * * * * * *                                                           


      310. Financial Crimes Enforcement Network                               


      310.  311. Continuing in office.                                        


         * * * * * * *                                                           

                                 SUBCHAPTER I--ORGANIZATION                       

         * * * * * * *                                                           


          310. Financial Crimes Enforcement Network                               

     (a) In General.--The Financial Crimes Enforcement Network established
  by order of the Secretary of the Treasury (Treasury Order Numbered      
  105-08) on April 25, 1990, shall be a bureau in the Department of the   
  Treasury.                                                               
   (b)  Director.--                                                       

       (1) Appointment.--The head of the Financial Crimes Enforcement      
   Network shall be the Director who shall be appointed by the President,  
   by and with the consent of the Senate, to a term of 4 years.            
       (2) Duties and powers.--The duties and powers of the Director are as
   follows:                                                                
       (A) Advise and make recommendations on matters relating to financial
   intelligence, financial criminal activities, and other financial        
   activities to the Under Secretary for Enforcement.                      
       (B) Maintain a government-wide data access service, with access, in 
   accordance with applicable legal requirements, to the following:        
       (i) Information collected by the Department of the Treasury,        
   including report information filed under subchapters II and III of      
   chapter 53 of this title (such as reports on cash transactions, foreign 
   financial agency transactions and relationships, foreign currency       
   transactions, exporting and importing monetary instruments, and         
   suspicious activities), chapter 2 of Public Law 91 508, section 21 of   
   the Federal Deposit Insurance Act and section 6050I of the Internal     
   Revenue Code of 1986.                                                   
    (ii) Information regarding national and international currency flows.  

       (iii) Other records and data maintained by other Federal, State,    
   local, and foreign agencies, including financial and other records      
   developed in specific cases.                                            
    (iv) Other privately and publicly available information.               

       (C) Analyze and disseminate the available data in accordance with   
   applicable legal requirements and policies and guidelines established by
   the Secretary of the Treasury and the Under Secretary for Enforcement   
   to--                                                                    
       (i) identify possible criminal activity to appropriate Federal,     
   State, local, and foreign law enforcement agencies;                     
       (ii) support ongoing criminal financial investigations and          
   prosecutions and related proceedings, including civil and criminal tax  
   and forfeiture proceedings;                                             
       (iii) identify possible instances of noncompliance with subchapters 
   II and III of chapter 53 of this title, chapter 2 of Public Law 91 508, 
   and section 21 of the Federal Deposit Insurance Act to Federal agencies 
   with statutory responsibility for enforcing compliance with such        
   provisions and other appropriate Federal regulatory agencies;           
       (iv) evaluate and recommend possible uses of special currency       
   reporting requirements under section 5326; and                          
       (v) determine emerging trends and methods in money laundering and   
   other financial crimes.                                                 
       (D) Establish and maintain a financial crimes communications center 
   to furnish law enforcement authorities with intelligence information    
   related to emerging or ongoing investigations and undercover operations.
       (E) Furnish research, analytical, and informational services to     
   financial institutions, appropriate Federal regulatory agencies with    
   regard to financial institutions, and appropriate Federal, State, local,
   and foreign law enforcement authorities, in accordance with policies and
   guidelines established by the Secretary of the Treasury or the Under    
   Secretary of the Treasury for Enforcement, in the interest of detection,
   prevention, and prosecution of terrorism, organized crime, money        
   laundering, and other financial crimes.                                 
       (F) Establish and maintain a special unit dedicated to combatting   
   the use of informal, nonbank networks and payment and barter system     
   mechanisms that permit the transfer of funds or the equivalent of funds 
   without records and without compliance with criminal and tax laws.      
       (G) Provide computer and data support and data analysis to the      
   Secretary of the Treasury for tracking and controlling foreign assets.  
       (H) Coordinate with financial intelligence units in other countries 
   on anti-terrorism and anti-money laundering initiatives, and similar    
   efforts.                                                                
       (I) Administer the requirements of subchapters II and III of chapter
   53 of this title, chapter 2 of Public Law 91 508, and section 21 of the 
   Federal Deposit Insurance Act, to the extent delegated such authority by
   the Secretary of the Treasury.                                          
       (J) Such other duties and powers as the Secretary of the Treasury   
   may delegate or prescribe.                                              
     (c) Requirements Relating to Maintenance and Use of Data Banks.--The 
  Secretary of the Treasury shall establish and maintain operating        
  procedures with respect to the government-wide data access service and  
  the financial crimes communications center maintained by the Financial  
  Crimes Enforcement Network which provide--                              
       (1) for the coordinated and efficient transmittal of information to,
   entry of information into, and withdrawal of information from, the data 
   maintenance system maintained by the Network, including--               
       (A) the submission of reports through the Internet or other secure  
   network, whenever possible;                                             
       (B) the cataloguing of information in a manner that facilitates     
   rapid retrieval by law enforcement personnel of meaningful data; and    
       (C) a procedure that provides for a prompt initial review of        
   suspicious activity reports and other reports, or such other means as   
   the Secretary may provide, to identify information that warrants        
   immediate action; and                                                   
       (2) in accordance with section 552a of title 5 and the Right to     
   Financial Privacy Act of 1978, appropriate standards and guidelines for 
   determining--                                                           
       (A) who is to be given access to the information maintained by the  
   Network;                                                                
    (B) what limits are to be imposed on the use of such information; and  

       (C) how information about activities or relationships which involve 
   or are closely associated with the exercise of constitutional rights is 
   to be screened out of the data maintenance system.                      
     (d) Authorization of Appropriations.--There are authorized to be     
  appropriated for the Financial Crimes Enforcement Network such sums as  
  may be necessary for fiscal years 2002, 2003, 2004, and 2005.           

          310  311. Continuing in office                                          

     When the term of office of an officer of the Department of the       
  Treasury ends, the officer may continue to serve until a successor is   
  appointed and qualified.                                                
         * * * * * * *                                                           

          SUBTITLE IV--MONEY                                                      

         * * * * * * *                                                           

                               CHAPTER 51--COINS AND CURRENCY                     

         * * * * * * *                                                           

                              SUBCHAPTER II--GENERAL AUTHORITY                    

         * * * * * * *                                                           

          5114. Engraving and printing currency and security documents            

   (a) The Secretary of the Treasury                                      


   (a)  Authority To Engrave and Print.--                                 


       (1) In general .--The Secretary of the Treasury shall engrave and   
   print United States currency and bonds of the United States Government  
   and currency and bonds of United States territories and possessions from
   intaglio plates on plate printing presses the Secretary selects.        
   However, other security documents and checks may be printed by any      
   process the Secretary selects. Engraving and printing shall be carried  
   out within the Department of the Treasury if the Secretary decides the  
   engraving and printing can be carried out as cheaply, perfectly, and    
   safely as outside the Department.                                       

       (2) Engraving and printing for other governments.--The Secretary of 
   the Treasury may, if the Secretary determines that it will not interfere
   with engraving and printing needs of the United States, produce         
   currency, postage stamps, and other security documents for foreign      
   governments, subject to a determination by the Secretary of State that  
   such production would be consistent with the foreign policy of the      
   United States.                                                          

         * * * * * * *                                                           

                       SUBCHAPTER IV--BUREAU OF ENGRAVING AND PRINTING            

         * * * * * * *                                                           

          5143. Payment for services                                              

     The Secretary of the Treasury shall impose charges for Bureau of     
  Engraving and Printing services the Secretary provides to an agency ,   
  any foreign government, or any territory of the United States. The      
  charges shall be in amounts the Secretary considers adequate to cover   
  the costs of the services (including administrative and other costs     
  related to providing the services). The agency , foreign government, or 
  territory of the United States shall pay promptly bills submitted by the
  Secretary.                                                              
         * * * * * * *                                                           

                              CHAPTER 53--MONETARY TRANSACTIONS                   

         * * * * * * *                                                           

          SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS 


      5311. Declaration of purpose.                                           

         * * * * * * *                                                           


            5318A. Special measures for jurisdictions, financial institutions,
      or international transactions of primary money laundering concern.      

         * * * * * * *                                                           


      5331. Bulk cash smuggling into or out of the United States.             

      5332. Subpoenas for records.                                            


         * * * * * * *                                                           

          5311. Declaration of purpose.                                           

     It is the purpose of this subchapter (except section 5315) to require
  certain reports or records where they have a high degree of usefulness  
  in criminal, tax, or regulatory investigations or proceedings , or in   
  the conduct of intelligence or counterintelligence activities, including
  analysis, to protect against international terrorism.                   
          5312. Definitions and application                                       

   (a) In this subchapter--                                               

    (1) * * *                                                              

    (2) ``financial institution'' means--                                  

    (A) * * *                                                              

         * * * * * * *                                                           

       (E) an insured institution (as defined in section 401(a) of the     
   National Housing Act (12 U.S.C. 1724(a)));                              

    (E) any credit union;                                                  


         * * * * * * *                                                           

    (R) a licensed sender of money;                                        


       (R) a licensed sender of money or any other person who engages as a 
   business in the transmission of funds, including through an informal    
   value transfer banking system or network of people facilitating the     
   transfer of value domestically or internationally outside of the        
   conventional financial institutions system;                             

         * * * * * * *                                                           


     (c) Additional Definitions.--For purposes of this subchapter, the    
  following definitions shall apply:                                      
       (1) Certain institutions included in definition.--The term          
   ``financial institution'' (as defined in subsection (a)) includes the   
   following:                                                              
       (A) Any futures commission merchant, commodity trading advisor, or  
   commodity pool operator registered, or required to register, under the  
   Commodity Exchange Act.                                                 

         * * * * * * *                                                           

          5317. Search and forfeiture of monetary instruments                     

   (a) * * *                                                              

     (b) Searches at Border .--For purposes of ensuring compliance with   
  the requirements of section 5316, a customs officer may stop and search,
  at the border and without a search warrant, any vehicle, vessel,        
  aircraft, or other conveyance, any envelope or other container, and any 
  person entering or departing from the United States.                    
     (c) If a report required under section 5316 with respect to any      
  monetary instrument is not filed (or if filed, contains a material      
  omission or misstatement of fact), the instrument and any interest in   
  property, including a deposit in a financial institution, traceable to  
  such instrument may be seized and forfeited to the United States        
  Government. Any property, real or personal, involved in a transaction or
  attempted transaction in violation of section 5324(b), or any property  
  traceable to such property, may be seized and forfeited to the United   
  States Government. A monetary instrument transported by mail or a common
  carrier, messenger, or bailee is being transported under this subsection
  from the time the instrument is delivered to the United States Postal   
  Service, common carrier, messenger, or bailee through the time it is    
  delivered to the addressee, intended recipient, or agent of the         
  addressee or intended recipient without being transported further in, or
  taken out of, the United States.                                        

   (b)  Searches at Border.--                                             

       (1) In general.--For purposes of ensuring compliance with the laws  
   enforced by the United States Customs Service, a customs officer may    
   stop and search, at the border and without a search warrant, any        
   vehicle, vessel, aircraft, or other conveyance, any envelope or other   
   container, and any person entering, transiting, or departing from the   
   United States.                                                          
       (2) International shipments of mail.--With respect to shipments of  
   international mail that are exported or imported by the United States   
   Postal Service, the Customs Service and other appropriate Federal       
   agencies shall, subject to paragraph (3), apply the customs laws of the 
   United States and all other laws relating to the importation or         
   exportation of such shipments in the same manner to both shipments by   
   the United States Postal Service and similar shipments by private       
   companies.                                                              
       (3) Safeguards.--No provision of this subsection shall be construed 
   as authorizing any customs officer or any other person to read any      
   correspondence unless--                                                 
       (A) a search warrant has been issued pursuant to Rule 41 of the     
   Federal Rules of Criminal Procedure which permits such correspondence to
   be read; or                                                             
       (B) the sender or addressee of the correspondence has given written 
   consent for any such action.                                            
   (c)  Forfeiture.--                                                     

       (1) In general.--The court in imposing sentence for any violation of
   section 5313, 5316, or 5324 of this title, or section 6050I of the      
   Internal Revenue Code of 1986, or any conspiracy to commit such         
   violation, shall order the defendant to forfeit all property, real or   
   personal, involved in the offense and any property traceable thereto.   
       (2) Procedure.--Forfeitures under this subsection shall be governed 
   by the procedures established in section 413 of the Controlled          
   Substances Act and the guidelines established in paragraph (4).         
       (3) Civil forfeiture.--Any property involved in a violation of      
   section 5313, 5316, or 5324 of this title, or section 6050I of the      
   Internal Revenue Code of 1986, or any conspiracy to commit any such     
   violation, and any property traceable to any such violation or          
   conspiracy, may be seized and, subject to paragraph (4), 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.                                        
    (4)  Proportionality of forfeiture.--                                  

       (A) In general.--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.                          
       (B) Factors to be considered.--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, including the following:                                       
       (i) The value of the currency or other monetary instruments involved
   in the offense.                                                         
       (ii) Efforts by the person committing the offense to structure      
   currency transactions, conceal property, or otherwise obstruct justice. 
       (iii) Whether the offense is part of a pattern of repeated          
   violations of Federal law.                                              

          5318. Compliance, exemptions, and summons authority                     

   (a) * * *                                                              

         * * * * * * *                                                           

   (g)  Reporting of Suspicious Transactions.--                           

    (1) * * *                                                              

       (2) Notification prohibited.-- A financial institution, and a       
   director, officer, employee, or agent of any financial institution, who 
   voluntarily reports a suspicious transaction, or that reports a         
   suspicious transaction pursuant to this section or any other authority, 
   may not notify any person involved in the transaction that the          
   transaction has been reported.                                          
       (3) Liability for disclosures.-- Any financial institution that     
   makes a disclosure of any possible violation of law or regulation or a  
   disclosure pursuant to this subsection or any other authority, and any  
   director, officer, employee, or agent of such institution, shall not be 
   liable to any person under any law or regulation of the United States or
   any constitution, law, or regulation of any State or political          
   subdivision thereof, for such disclosure or for any failure to notify   
   the person involved in the transaction or any other person of such      
   disclosure.                                                             

    (2)  Notification prohibited.--                                        

       (A) In general.--If a financial institution or any director,        
   officer, employee, or agent of any financial institution, voluntarily or
   pursuant to this section or any other authority, reports a suspicious   
   transaction to a government agency--                                    
       (i) the financial institution, director, officer, employee, or agent
   may not notify any person involved in the transaction that the          
   transaction has been reported; and                                      
       (ii) no officer or employee of the Federal Government or of any     
   State, local, tribal, or territorial government within the United       
   States, who has any knowledge that such report was made may disclose to 
   any person involved in the transaction that the transaction has been    
   reported other than as necessary to fulfill the official duties of such 
   officer or employee.                                                    
       (B) Disclosures in certain employment references.--Notwithstanding  
   the application of subparagraph (A) in any other context, subparagraph  
   (A) shall not be construed as prohibiting any financial institution, or 
   any director, officer, employee, or agent of such institution, from     
   including, in a written employment reference that is provided in        
   accordance with section 18(v) of the Federal Deposit Insurance Act in   
   response to a request from another financial institution or a written   
   termination notice or employment reference that is provided in          
   accordance with the rules of the self-regulatory organizations          
   registered with the Securities and Exchange Commission, information that
   was included in a report to which subparagraph (A) applies, but such    
   written employment reference may not disclose that such information was 
   also included in any such report or that such report was made.          
    (3)  Liability for disclosures.--                                      

       (A) In general.--Any financial institution that makes a voluntary   
   disclosure of any possible violation of law or regulation to a          
   government agency or makes a disclosure pursuant to this subsection or  
   any other authority, and any director, officer, employee, or agent of   
   such institution who makes, or requires another to make any such        
   disclosure, shall not be liable to any person under any law or          
   regulation of the United States, any constitution, law, or regulation of
   any State or political subdivision of any State, or under any contract  
   or other legally enforceable agreement (including any arbitration       
   agreement), for such disclosure or for any failure to provide notice of 
   such disclosure to any person.                                          
       (B) Rule of construction.--Subparagraph (A) shall not be construed  
   as creating--                                                           
       (i) any inference that the term ``person'', as used in such         
   subparagraph, may be construed more broadly than its ordinary usage so  
   to include any government or agency of government; or                   
       (ii) any immunity against, or otherwise affecting, any civil or     
   criminal action brought by any government or agency of government to    
   enforce any constitution, law, or regulation of such government or      
   agency.                                                                 

    (4)  Single designee for reporting suspicious transactions.--          

    (A) * * *                                                              

       (B) Duty of designee.--The officer or agency of the United States   
   designated by the Secretary of the Treasury pursuant to subparagraph (A)
   shall refer any report of a suspicious transaction to any appropriate   
   law enforcement or supervisory agency , supervisory agency, or United   
   States intelligence agency for use in the conduct of intelligence or    
   counterintelligence activities, including analysis, to protect against  
   international terrorism.                                                
         * * * * * * *                                                           

   (h)  Anti-Money Laundering Programs.--                                 

       (1) In general.-- In order to guard against money laundering through
   financial institutions, the Secretary may require financial institutions
   to carry out anti-money laundering programs, including at a minimum     
    (A) the development of internal policies, procedures, and controls,    

    (B) the designation of a compliance officer,                           

    (C) an ongoing employee training program, and                          

    (D) an independent audit function to test programs.                    

       (2) Regulations.-- The Secretary may prescribe minimum standards for
   programs established under paragraph (1).                               

   (h)  Anti-Money Laundering Programs.--                                 

       (1) In general.--In order to guard against money laundering through 
   financial institutions, each financial institution shall establish      
   anti-money laundering programs, including, at a minimum--               
    (A) the development of internal policies, procedures, and controls;    

       (B) the designation of an officer of the financial institution      
   responsible for compliance;                                             
    (C) an ongoing employee training program; and                          

    (D) an independent audit function to test programs.                    

       (2) Regulations.--The Secretary may, after consultation with the    
   appropriate Federal functional regulators (as defined in section 509 of 
   the Gramm-Leach-Bliley Act), prescribe minimum standards for programs   
   established under paragraph (1), and may exempt from the application of 
   those standards any financial institution that is not subject to the    
   provisions of the regulations contained in part 103 of title 31, of the 
   Code of Federal Regulations, as in effect on the date of the enactment  
   of the Financial Anti-Terrorism Act of 2001, or any successor to such   
   regulations, for so long as such financial institution is not subject to
   the provisions of such regulations.                                     
       (3) Concentration accounts.--The Secretary may prescribe regulations
   under this subsection that govern maintenance of concentration accounts 
   by financial institutions, in order to ensure that such accounts are not
   used to prevent association of the identity of an individual customer   
   with the movement of funds of which the customer is the direct or       
   beneficial owner, which regulations shall, at a minimum--               
       (A) prohibit financial institutions from allowing clients to direct 
   transactions that move their funds into, out of, or through the         
   concentration accounts of the financial institution;                    
       (B) prohibit financial institutions and their employees from        
   informing customers of the existence of, or the means of identifying,   
   the concentration accounts of the institution; and                      
       (C) require each financial institution to establish written         
   procedures governing the documentation of all transactions involving a  
   concentration account, which procedures shall ensure that, any time a   
   transaction involving a concentration account commingles funds belonging
   to 1 or more customers, the identity of, and specific amount belonging  
   to, each customer is documented.                                        
   (i)  Identification and Verification of Accountholders.--              

       (1) In general.--Subject to the requirements of this subsection, the
   Secretary of the Treasury shall prescribe regulations setting forth the 
   minimum standards regarding customer identification that shall apply in 
   connection with the opening of an account at a financial institution.   
       (2) Minimum requirements.--The regulations shall, at a minimum,     
   require financial institutions to implement procedures for--            
       (A) verifying the identity of any person seeking to open an account 
   to the extent reasonable and practicable;                               
       (B) maintaining records of the information used to verify a person's
   identity, including name, address, and other identifying information;   
       (C) consulting applicable lists of known or suspected terrorists or 
   terrorist organizations generated by government agencies to determine   
   whether a person seeking to open an account appears on any such list.   
       (3) Factors to be considered.--In prescribing regulations under this
   subsection, the Secretary shall take into consideration the various     
   types of accounts maintained by various types of financial institutions,
   the various methods of opening accounts, and the various types of       
   identifying information available.                                      
       (4) Certain financial institutions.--In the case of any financial   
   institution the business of which is engaging in financial activities   
   described in section 4(k) of the Bank Holding Company Act of 1956       
   (including financial activities subject to the jurisdiction of the      
   Commodity Futures Trading Commission), the regulations prescribed by the
   Secretary under paragraph (1) shall be prescribed jointly with each     
   Federal functional regulator (as defined in section 509 of the          
   Gramm-Leach-Bliley Act, including the Commodity Futures Trading         
   Commission) appropriate for such financial institution.                 
       (5) Exemptions.--The Secretary of the Treasury (and, in the case of 
   any financial institution described in paragraph (4), any Federal agency
   described in such paragraph) may, by regulation or order, exempt any    
   financial institution or type of account from the requirements of any   
   regulation prescribed under this subsection in accordance with such     
   standards and procedures as the Secretary may prescribe.                
       (6) Effective date.--Final regulations prescribed under this        
   subsection shall take effect before the end of the 1-year period        
   beginning on the date of the enactment of the Financial Anti-Terrorism  
   Act of 2001.                                                            
     (j) Due Diligence for United States Private Banking and Correspondent
  Bank Accounts Involving Foreign Persons.--                              
       (1) In general.--Each financial institution that establishes,       
   maintains, administers, or manages a private banking account or a       
   correspondent account in the United States for a non-United States      
   person, including a foreign individual visiting the United States, or a 
   representative of a non-United States person, shall establish           
   appropriate, specific, and, where necessary, enhanced due diligence     
   policies, procedures, and controls to detect and report instances of    
   money laundering through those accounts.                                
    (2)  Minimum standards for correspondent accounts.--                   

       (A) In general.--Subparagraph (B) shall apply if a correspondent    
   account is requested or maintained by, or on behalf of, a foreign bank  
   operating--                                                             
    (i) under an offshore banking license; or                              

       (ii) under a banking license issued by a foreign country that has   
   been designated--                                                       
         (I) as noncooperative with international anti-money laundering     
    principles or procedures by an intergovernmental group or organization  
    of which the United States is a member with which designation the       
    Secretary of the Treasury concurs; or                                   
         (II) by the Secretary as warranting special measures due to money  
    laundering concerns.                                                    
       (B) Policies, procedures, and controls.--The enhanced due diligence 
   policies, procedures, and controls required under paragraph (1) for     
   foreign banks described in subparagraph (A) shall, at a minimum, ensure 
   that the financial institution in the United States takes reasonable    
   steps--                                                                 
       (i) to ascertain for any such foreign bank, the shares of which are 
   not publicly traded, the identity of each of the owners of the foreign  
   bank, and the nature and extent of the ownership interest of each such  
   owner;                                                                  
       (ii) to conduct enhanced scrutiny of such account to guard against  
   money laundering and report any suspicious transactions under section   
   5318(g); and                                                            
       (iii) to ascertain whether such foreign bank provides correspondent 
   accounts to other foreign banks and, if so, the identity of those       
   foreign banks and related due diligence information, as appropriate     
   under paragraph (1).                                                    
       (3) Minimum standards for private banking accounts.--If a private   
   banking account is requested or maintained by, or on behalf of, a       
   non-United States person, then the due diligence policies, procedures,  
   and controls required under paragraph (1) shall, at a minimum, ensure   
   that the financial institution takes reasonable steps--                 
       (A) to ascertain the identity of the nominal and beneficial owners  
   of, and the source of funds deposited into, such account as needed to   
   guard against money laundering and report any suspicious transactions   
   under section 5318(g); and                                              
       (B) to conduct enhanced scrutiny of any such account that is        
   requested or maintained by, or on behalf of, a senior foreign political 
   figure, or any immediate family member or close associate of a senior   
   foreign political figure, to prevent, detect, and report transactions   
   that may involve the proceeds of foreign corruption.                    
       (4) Definitions.--For purposes of this subsection, the following    
   definitions shall apply:                                                
       (A) Offshore banking license.--The term ``offshore banking license''
   means a license to conduct banking activities which, as a condition of  
   the license, prohibits the licensed entity from conducting banking      
   activities with the citizens of, or with the local currency of, the     
   country which issued the license.                                       
       (B) Private bank account.--The term ``private bank account'' means  
   an account (or any combination of accounts) that--                      
       (i) requires a minimum aggregate deposits of funds or other assets  
   of not less than $1,000,000;                                            
       (ii) is established on behalf of 1 or more individuals who have a   
   direct or beneficial ownership interest in the account; and             
       (iii) is assigned to, or is administered or managed by, in whole or 
   in part, an officer, employee, or agent of a financial institution      
   acting as a liaison between the financial institution and the direct or 
   beneficial owner of the account.                                        
       (5) Regulatory authority.--Before the end of the 6-month period     
   beginning on the date of the enactment of the Financial Anti-Terrorism  
   Act of 2001, the Secretary, in consultation with the appropriate Federal
   functional regulators (as defined in section 509 of the                 
   Gramm-Leach-Bliley Act) shall further define and clarify, by regulation,
   the requirements of this subsection.                                    
     (k) Prohibition on United States Correspondent Accounts With Foreign 
  Shell Banks.--                                                          
       (1) In general.--A depository institution shall not establish,      
   maintain, administer, or manage a correspondent account in the United   
   States for, or on behalf of, a foreign bank that does not have a        
   physical presence in any country.                                       
    (2)  Prevention of indirect service to foreign shell banks.--          

       (A) In general.--A depository institution shall take reasonable     
   steps to ensure that any correspondent account established, maintained, 
   administered, or managed by that institution in the United States for a 
   foreign bank is not being used by that foreign bank to indirectly       
   provide banking services to another foreign bank that does not have a   
   physical presence in any country.                                       
       (B) Regulations.--The Secretary shall, in regulations, delineate    
   reasonable steps necessary for a depository institution to comply with  
   this subsection.                                                        
       (3) Exception.--Paragraphs (1) and (2) shall not be construed as    
   prohibiting a depository institution from providing a correspondent     
   account to a foreign bank, if the foreign bank--                        
       (A) is an affiliate of a depository institution, credit union, or   
   other foreign bank that maintains a physical presence in the United     
   States or a foreign country, as applicable; and                         
       (B) is subject to supervision by a banking authority in the country 
   regulating the affiliated depository institution, credit union, or      
   foreign bank, described in subparagraph (A), as applicable.             
       (4) Definitions.--For purposes of this section, the following       
   definitions shall apply:                                                
       (A) Affiliate.--The term ``affiliate'' means a foreign bank that is 
   controlled by or is under common control with a depository institution, 
   credit union, or foreign bank.                                          
    (B)  Depository institution.--The ``depository institution''--         

       (i) has the meaning given such term in section 3 of the Federal     
   Deposit Insurance Act; and                                              
    (ii) includes a credit union.                                          

       (C) Physical presence.--The term ``physical presence'' means a place
   of business that--                                                      
    (i) is maintained by a foreign bank;                                   

       (ii) is located at a fixed address (other than solely an electronic 
   address) in a country in which the foreign bank is authorized to conduct
   banking activities, at which location the foreign bank--                
     (I) employs 1 or more individuals on a full-time basis; and            

     (II) maintains operating records related to its banking activities; and

       (iii) is subject to inspection by the banking authority which       
   licensed the foreign bank to conduct banking activities.                
     (l) Applicability of Rules.--Any rules prescribed pursuant to the    
  authority contained in section 21 of the Federal Deposit Insurance Act  
  shall apply, in addition to any other financial institution to which    
  such rules apply, to any person that engages as a business in the       
  transmission of funds, including through an informal value transfer     
  banking system or network of people facilitating the transfer of value  
  domestically or internationally outside of the conventional financial   
  institutions system.                                                    
                    5318A. Special measures for jurisdictions, financial          
          institutions, or international transactions of primary money laundering 
          concern                                                                 
   (a)  International Counter-Money Laundering Requirements.--            

       (1) In general.--The Secretary may require domestic financial       
   institutions and domestic financial agencies to take 1 or more of the   
   special measures described in subsection (b) if the Secretary finds that
   reasonable grounds exist for concluding that a jurisdiction outside of  
   the United States, 1 or more financial institutions operating outside of
   the United States, 1 or more classes of transactions within, or         
   involving, a jurisdiction outside of the United States, or 1 or more    
   types of accounts is of primary money laundering concern, in accordance 
   with subsection (c).                                                    
    (2)  Form of requirement.--The special measures described in--         

       (A) subsection (b) may be imposed in such sequence or combination as
   the Secretary shall determine;                                          
       (B) paragraphs (1) through (4) of subsection (b) may be imposed by  
   regulation, order, or otherwise as permitted by law; and                
    (C) subsection (b)(5) may be imposed only by regulation.               

       (3) Duration of orders; rulemaking.--Any order by which a special   
   measure described in paragraphs (1) through (4) of subsection (b) is    
   imposed (other than an order described in section 5326)--               
       (A) shall be issued together with a notice of proposed rulemaking   
   relating to the imposition of such special measure; and                 
       (B) may not remain in effect for more than 120 days, except pursuant
   to a regulation prescribed on or before the end of the 120-day period   
   beginning on the date of issuance of such order.                        
       (4) Process for selecting special measures.--In selecting which     
   special measure or measures to take under this subsection, the          
   Secretary--                                                             
       (A) shall consult with the Chairman of the Board of Governors of the
   Federal Reserve System, any other appropriate Federal banking agency (as
   defined in section 3 of the Federal Deposit Insurance Act), the         
   Securities and Exchange Commission, the National Credit Union           
   Administration Board, and in the sole discretion of the Secretary such  
   other agencies and interested parties as the Secretary may find to be   
   appropriate; and                                                        
    (B) shall consider--                                                   

       (i) whether similar action has been or is being taken by other      
   nations or multilateral groups;                                         
       (ii) whether the imposition of any particular special measure would 
   create a significant competitive disadvantage, including any undue cost 
   or burden associated with compliance, for financial institutions        
   organized or licensed in the United States; and                         
       (iii) the extent to which the action or the timing of the action    
   would have a significant adverse systemic impact on the international   
   payment, clearance, and settlement system, or on legitimate business    
   activities involving the particular jurisdiction, institution, or class 
   of transactions.                                                        
       (5) No limitation on other authority.--This section shall not be    
   construed as superseding or otherwise restricting any other authority   
   granted to the Secretary, or to any other agency, by this subchapter or 
   otherwise.                                                              
     (b) Special Measures.--The special measures referred to in subsection
  (a), with respect to a jurisdiction outside of the United States,       
  financial institution operating outside of the United States, class of  
  transaction within, or involving, a jurisdiction outside of the United  
  States, or 1 or more types of accounts are as follows:                  
    (1)  Recordkeeping and reporting of certain financial transactions.--  

       (A) In general.--The Secretary may require any domestic financial   
   institution or domestic financial agency to maintain records, file      
   reports, or both, concerning the aggregate amount of transactions, or   
   concerning each transaction, with respect to a jurisdiction outside of  
   the United States, 1 or more financial institutions operating outside of
   the United States, 1 or more classes of transactions within, or         
   involving, a jurisdiction outside of the United States, or 1 or more    
   types of accounts if the Secretary finds any such jurisdiction,         
   institution, or class of transactions to be of primary money laundering 
   concern.                                                                
       (B) Form of records and reports.--Such records and reports shall be 
   made and retained at such time, in such manner, and for such period of  
   time, as the Secretary shall determine, and shall include such          
   information as the Secretary may determine, including--                 
       (i) the identity and address of the participants in a transaction or
   relationship, including the identity of the originator of any funds     
   transfer;                                                               
       (ii) the legal capacity in which a participant in any transaction is
   acting;                                                                 
       (iii) the identity of the beneficial owner of the funds involved in 
   any transaction, in accordance with such procedures as the Secretary    
   determines to be reasonable and practicable to obtain and retain the    
   information; and                                                        
    (iv) a description of any transaction.                                 

       (2) Information relating to beneficial ownership.--In addition to   
   any other requirement under any other provision of law, the Secretary   
   may require any domestic financial institution or domestic financial    
   agency to take such steps as the Secretary may determine to be          
   reasonable and practicable to obtain and retain information concerning  
   the beneficial ownership of any account opened or maintained in the     
   United States by a foreign person (other than a foreign entity whose    
   shares are subject to public reporting requirements or are listed and   
   traded on a regulated exchange or trading market), or a representative  
   of such a foreign person, that involves a jurisdiction outside of the   
   United States, 1 or more financial institutions operating outside of the
   United States, 1 or more classes of transactions within, or involving, a
   jurisdiction outside of the United States, or 1 or more types of        
   accounts if the Secretary finds any such jurisdiction, institution,     
   transaction, or account to be of primary money laundering concern.      
       (3) Information relating to certain payable-through accounts.--If   
   the Secretary finds a jurisdiction outside of the United States, 1 or   
   more financial institutions operating outside of the United States, or 1
   or more classes of transactions within, or involving, a jurisdiction    
   outside of the United States to be of primary money laundering concern, 
   the Secretary may require any domestic financial institution or domestic
   financial agency that opens or maintains a payable-through account in   
   the United States for a foreign financial institution involving any such
   jurisdiction or any such financial institution operating outside of the 
   United States, or a payable through account through which any such      
   transaction may be conducted, as a condition of opening or maintaining  
   such account--                                                          
       (A) to identify each customer (and representative of such customer) 
   of such financial institution who is permitted to use, or whose         
   transactions are routed through, such payable-through account; and      
       (B) to obtain, with respect to each such customer (and each such    
   representative), information that is substantially comparable to that   
   which the depository institution obtains in the ordinary course of      
   business with respect to its customers residing in the United States.   
       (4) Information relating to certain correspondent accounts.--If the 
   Secretary finds a jurisdiction outside of the United States, 1 or more  
   financial institutions operating outside of the United States, or 1 or  
   more classes of transactions within, or involving, a jurisdiction       
   outside of the United States to be of primary money laundering concern, 
   the Secretary may require any domestic financial institution or domestic
   financial agency that opens or maintains a correspondent account in the 
   United States for a foreign financial institution involving any such    
   jurisdiction or any such financial institution operating outside of the 
   United States, or a correspondent account through which any such        
   transaction may be conducted, as a condition of opening or maintaining  
   such account--                                                          
       (A) to identify each customer (and representative of such customer) 
   of any such financial institution who is permitted to use, or whose     
   transactions are routed through, such correspondent account; and        
       (B) to obtain, with respect to each such customer (and each such    
   representative), information that is substantially comparable to that   
   which the depository institution obtains in the ordinary course of      
   business with respect to its customers residing in the United States.   
       (5) Prohibitions or conditions on opening or maintaining certain    
   correspondent or payable-through accounts.--If the Secretary finds a    
   jurisdiction outside of the United States, 1 or more financial          
   institutions operating outside of the United States, or 1 or more       
   classes of transactions within, or involving, a jurisdiction outside of 
   the United States to be of primary money laundering concern, the        
   Secretary, in consultation with the Secretary of State, the Attorney    
   General, and the Chairman of the Board of Governors of the Federal      
   Reserve System, may prohibit, or impose conditions upon, the opening or 
   maintaining in the United States of a correspondent account or payable- 
   through account by any domestic financial institution or domestic       
   financial agency for or on behalf of a foreign banking institution, if  
   such correspondent account or payable-through account involves any such 
   jurisdiction or institution, or if any such transaction may be conducted
   through such correspondent account or payable-through account.          
     (c) Consultations and Information To Be Considered in Finding        
  Jurisdictions, Institutions, Types of Accounts, or Transactions To Be of
  Primary Money Laundering Concern.--                                     
       (1) In general.--In making a finding that reasonable grounds exist  
   for concluding that a jurisdiction outside of the United States, 1 or   
   more financial institutions operating outside of the United States, 1 or
   more classes of transactions within, or involving, a jurisdiction       
   outside of the United States, or 1 or more types of accounts is of      
   primary money laundering concern so as to authorize the Secretary to    
   take 1 or more of the special measures described in subsection (b), the 
   Secretary shall consult with the Secretary of State, and the Attorney   
   General.                                                                
       (2) Additional considerations.--In making a finding described in    
   paragraph (1), the Secretary shall consider in addition such information
   as the Secretary determines to be relevant, including the following     
   potentially relevant factors:                                           
       (A) Jurisdictional factors.--In the case of a particular            
   jurisdiction--                                                          
       (i) evidence that organized criminal groups, international          
   terrorists, or both, have transacted business in that jurisdiction;     
       (ii) the extent to which that jurisdiction or financial institutions
   operating in that jurisdiction offer bank secrecy or special regulatory 
   advantages to nonresidents or nondomiciliaries of that jurisdiction;    
       (iii) the substance and quality of administration of the bank       
   supervisory and counter-money laundering laws of that jurisdiction;     
       (iv) the relationship between the volume of financial transactions  
   occurring in that jurisdiction and the size of the economy of the       
   jurisdiction;                                                           
       (v) the extent to which that jurisdiction is characterized as an    
   offshore banking or secrecy haven by credible international             
   organizations or multilateral expert groups;                            
       (vi) whether the United States has a mutual legal assistance treaty 
   with that jurisdiction, and the experience of United States law         
   enforcement officials, and regulatory officials in obtaining information
   about transactions originating in or routed through or to such          
   jurisdiction; and                                                       
       (vii) the extent to which that jurisdiction is characterized by high
   levels of official or institutional corruption.                         
       (B) Institutional factors.--In the case of a decision to apply 1 or 
   more of the special measures described in subsection (b) only to a      
   financial institution or institutions, or to a transaction or class of  
   transactions, or to a type of account, or to all 3, within or involving 
   a particular jurisdiction--                                             
       (i) the extent to which such financial institutions, transactions,  
   or types of accounts are used to facilitate or promote money laundering 
   in or through the jurisdiction;                                         
       (ii) the extent to which such institutions, transactions, or types  
   of accounts are used for legitimate business purposes in the            
   jurisdiction; and                                                       
       (iii) the extent to which such action is sufficient to ensure, with 
   respect to transactions involving the jurisdiction and institutions     
   operating in the jurisdiction, that the purposes of this subchapter     
   continue to be fulfilled, and to guard against international money      
   laundering and other financial crimes.                                  
     (d) Notification of Special Measures Invoked by the Secretary.--Not  
  later than 10 days after the date of any action taken by the Secretary  
  under subsection (a)(1), the Secretary shall notify, in writing, the    
  Committee on Financial Services of the House of Representatives and the 
  Committee on Banking, Housing, and Urban Affairs of the Senate of any   
  such action.                                                            
     (e) Definitions.--Notwithstanding any other provision of this        
  subchapter, for purposes of this section, the following definitions     
  shall apply:                                                            
       (1) Bank definitions.--The following definitions shall apply with   
   respect to a bank:                                                      
    (A)  Account.--The term ``account''--                                  

       (i) means a formal banking or business relationship established to  
   provide regular services, dealings, and other financial transactions;   
   and                                                                     
       (ii) includes a demand deposit, savings deposit, or other           
   transaction or asset account and a credit account or other extension of 
   credit.                                                                 
       (B) Correspondent account.--The term ``correspondent account'' means
   an account established to receive deposits from, make payments on behalf
   of a foreign financial institution, or handle other financial           
   transactions related to such institution.                               
       (C) Payable-through account.--The term ``payable-through account''  
   means an account, including a transaction account (as defined in section
   19(b)(1)(C) of the Federal Reserve Act), opened at a depository         
   institution by a foreign financial institution by means of which the    
   foreign financial institution permits its customers to engage, either   
   directly or through a subaccount, in banking activities usual in        
   connection with the business of banking in the United States.           
       (D) Secretary.--The term ``Secretary'' means the Secretary of the   
   Treasury.                                                               
       (2) Definitions applicable to institutions other than banks.--With  
   respect to any financial institution other than a bank, the Secretary   
   shall, after consultation with the appropriate Federal functional       
   regulators (as defined in section 509 of the Gramm-Leach-Bliley Act),   
   define by regulation the term ``account'', and shall include within the 
   meaning of that term, to the extent, if any, that the Secretary deems   
   appropriate, arrangements similar to payable-through and correspondent  
   accounts.                                                               
       (3) Regulatory definition.--The Secretary shall promulgate          
   regulations defining beneficial ownership of an account for purposes of 
   this subchapter. Such regulations shall address issues related to an    
   individual's authority to fund, direct, or manage the account (including
   the power to direct payments into or out of the account), and an        
   individual's material interest in the income or corpus of the account,  
   and shall ensure that the identification of individuals under this      
   section does not extend to any individual whose beneficial interest in  
   the income or corpus of the account is immaterial.                      
       (4) Other terms.--The Secretary may, by regulation, further define  
   the terms in paragraphs (1) and (2) and define other terms for the      
   purposes of this section, as the Secretary deems appropriate.           

          5319. Availability of reports                                           

     The Secretary of the Treasury shall make information in a report     
  filed under section 5313, 5314, or 5316 of this title available to an   
  agency, including any State financial institutions supervisory agency,  
  on request of the head of the agency. The report shall be available for 
  a purpose consistent with those sections or a regulation prescribed     
  under those sections. The Secretary may only require reports on the use 
  of such information by any State financial institutions supervisory     
  agency for other than supervisory purposes. However, a report and       
  records of reports are exempt from disclosure under section 552 of title
  5.                                                                      

          5319. Availability of reports                                           

     The Secretary of the Treasury shall make information in a report     
  filed under this subchapter available to an agency, including any State 
  financial institutions supervisory agency or United States intelligence 
  agency, upon request of the head of the agency. The report shall be     
  available for a purpose that is consistent with this subchapter. The    
  Secretary may only require reports on the use of such information by any
  State financial institutions supervisory agency for other than          
  supervisory purposes or by United States intelligence agencies. However,
  a report and records of reports are exempt from disclosure under section
  552 of title 5.                                                         

         * * * * * * *                                                           

          5321. Civil penalties                                                   

     (a)(1) A domestic financial institution, and a partner, director,    
  officer, or employee of a domestic financial institution, willfully     
  violating this subchapter or a regulation prescribed or order issued    
  under this subchapter (except sections 5314 and 5315 of this title or a 
  regulation prescribed under sections 5314 and 5315) , or willfully      
  violating a regulation prescribed under section 21 of the Federal       
  Deposit Insurance Act or section 123 of Public Law 91 508, is liable to 
  the United States Government for a civil penalty of not more than the   
  greater of the amount (not to exceed $100,000) involved in the          
  transaction (if any) or $25,000. For a violation of section 5318(a)(2)  
  of this title or a regulation prescribed under section 5318(a)(2), a    
  separate violation occurs for each day the violation continues and at   
  each office, branch, or place of business at which a violation occurs or
  continues.                                                              
         * * * * * * *                                                           

          5322. Criminal penalties                                                

     (a) A person willfully violating this subchapter or a regulation     
  prescribed or order issued under this subchapter (except section 5315 or
  5324 of this title or a regulation prescribed under section 5315 or     
  5324) , or willfully violating a regulation prescribed under section 21 
  of the Federal Deposit Insurance Act or section 123 of Public Law 91    
  508, shall be fined not more than $250,000, or imprisoned for not more  
  than five years, or both.                                               
     (b) a person willfully violating this subchapter or a regulation     
  prescribed or order issued under this subchapter (except section 5315 or
  5324 of this title or a regulation prescribed under section 5315 or     
  5324), or willfully violating a regulation prescribed under section 21  
  of the Federal Deposit Insurance Act or section 123 of Public Law 91    
  508, 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.                                        
         * * * * * * *                                                           

          5324. Structuring transactions to evade reporting requirement prohibited

     (a) Domestic Coin and Currency Transactions .--No person shall , for 
  the purpose of evading the reporting requirements of section 5313(a) or 
  5325 or any regulation prescribed under any such section-- 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--                                                     

       (1) cause or attempt to cause a domestic financial institution to   
   fail to file a report required under section 5313(a) or 5325 or any     
   regulation prescribed under any such section , 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;              
       (2) cause or attempt to cause a domestic financial institution to   
   file a report required under section 5313(a) or 5325 or any regulation  
   prescribed under any such section , 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 that contains 
   a material omission or misstatement of fact; or                         
         * * * * * * *                                                           

          5330. Registration of money transmitting businesses                     

   (a) * * *                                                              

         * * * * * * *                                                           

     (d) Definitions.--For purposes of this section, the following        
  definitions shall apply:                                                
       (1) Money transmitting business.--The term ``money transmitting     
   business'' means any business other than the United States Postal       
   Service which--                                                         
       (A) provides check cashing, currency exchange, or money transmitting
   or remittance services, or issues or redeems money orders, travelers'   
   checks, and other similar instruments or any other person who engages as
   a business in the transmission of funds, including through an informal  
   value transfer banking system or network of people facilitating the     
   transfer of value domestically or internationally outside of the        
   conventional financial institutions system;                             
         * * * * * * *                                                           


          5331. Bulk cash smuggling into or out of the United States              

   (a)  Criminal Offense.--                                               

       (1) In general.--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 the person of such 
   individual 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).                                             
       (2) Concealment on person.--For purposes of this section, the       
   concealment of currency on the person of any individual includes        
   concealment in any article of clothing worn by the individual or in any 
   luggage, backpack, or other container worn or carried by such           
   individual.                                                             
   (b)  Penalty.--                                                        

       (1) Term of imprisonment.--A person convicted of a currency         
   smuggling offense under subsection (a), or a conspiracy to commit such  
   offense, shall be imprisoned for not more than 5 years.                 
       (2) Forfeiture.--In addition, the court, in imposing sentence under 
   paragraph (1), 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.                                                                
       (3) Procedure.--The seizure, restraint, and forfeiture of property  
   under this section shall be governed by section 413 of the Controlled   
   Substances Act.                                                         
       (4) Personal money judgment.--If the property subject to forfeiture 
   under paragraph (2) is unavailable, and the defendant has insufficient  
   substitute property that may be forfeited pursuant to section 413(p) 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)  Civil Forfeiture.--                                               

       (1) In general.--Any property involved in a violation of subsection 
   (a), or a conspiracy to commit such violation, and any property         
   traceable to such violation or conspiracy, may be seized and, subject to
   subsection (d) of this section, forfeited to the United States.         
       (2) Procedure.--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.       
       (3) Treatment of certain property as involved in the offense.--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.--                                  

       (1) In general.--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.                          
       (2) Factors to be considered.--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, including the following:                                       
       (A) The value of the currency or other monetary instruments involved
   in the offense.                                                         
       (B) Efforts by the person committing the offense to structure       
   currency transactions, conceal property, or otherwise obstruct justice. 
       (C) Whether the offense is part of a pattern of repeated violations 
   of Federal law.                                                         
          5332. Subpoenas for records                                             

     (a) Designation By Foreign Financial Institution of Agent.--Any      
  foreign financial institution that has a correspondent bank account at a
  financial institution in the United States shall designate a person     
  residing in the United States as a person authorized to accept a        
  subpoena for bank records or other legal process served on the foreign  
  financial institution.                                                  
   (b)  Maintenance of Records By Domestic Financial Institution.--       

       (1) In general.--Any domestic financial institution that maintains a
   correspondent bank account for a foreign financial institution shall    
   maintain records regarding the names and addresses of the owners of the 
   foreign financial institution, and the name and address of the person   
   who may be served with a subpoena for records regarding any funds       
   transferred to or from the correspondent account.                       
       (2) Provision to law enforcement agency.--A domestic financial      
   institution shall provide names and addresses maintained under paragraph
   (1) to a Government authority (as defined in section 1101(3) of the     
   Right to Financial Privacy Act of 1978) within 7 days of the receipt of 
   a request, in writing, for such records.                                
   (c)  Administrative Subpoena.--                                        

       (1) In general.--The Attorney General and the Secretary of the      
   Treasury may each issue an administrative subpoena for records relating 
   to the deposit of any funds into a dollar-denominated account in a      
   foreign financial institution that maintains a correspondent account at 
   a domestic financial institution.                                       
       (2) Manner of issuance.--Any subpoena issued by the Attorney General
   or the Secretary of the Treasury under paragraph (1) shall be issued in 
   the manner described in section 3486 of this title, and may be served on
   the representative designated by the foreign financial institution      
   pursuant to subsection (a) to accept legal process in the United States,
   or in a foreign country pursuant to any mutual legal assistance treaty, 
   multilateral agreement, or other request for international law          
   enforcement assistance.                                                 
     (d) Correspondent Account Defined.--For purposes of this section, the
  term ``correspondent account'' has the same meaning as the term         
  ``interbank account'' as such term is defined in section 984(c)(2)(B) of
  title 18, United States Code.                                           
         * * * * * * *                                                           

                                                                                 


                                TITLE 18, UNITED STATES CODE                      

         * * * * * * *                                                           

          PART I--CRIMES                                                          

         * * * * * * *                                                           

                           CHAPTER 25--COUNTERFEITING AND FORGERY                 


 Sec.                                                                    

      470.  Counterfeit acts committed outside the United States.             

         * * * * * * *                                                           

            474. Plates or stones , stones, or analog, digital, or electronic 
      images for counterfeiting obligations or securities.                    
         * * * * * * *                                                           

            481. Plates or stones , stones, or analog, digital, or electronic 
      images for counterfeiting foreign obligations or securities.            

         * * * * * * *                                                           

          470. Counterfeit acts committed outside the United States               

   A person who, outside the United States, engages in the act of--       

       (1) making, dealing, or possessing any counterfeit obligation or    
   other security of the United States; or                                 
       (2) making, dealing, or possessing any plate, stone, analog,        
   digital, or electronic image, or other thing, or any part thereof, used 
   to counterfeit such obligation or security,                             
    if such act would constitute a violation of section 471, 473, or 474  
  if committed within the United States, shall be fined under this title, 
  imprisoned not more than 20 years, or both shall be punished as is      
  provided for the like offense within the United States.                 
          471. Obligations or securities of United States                         

     Whoever, with intent to defraud, falsely makes, forges, counterfeits,
  or alters any obligation or other security of the United States, shall  
  be fined under this title or imprisoned not more than fifteen 20 years, 
  or both.                                                                
          472. Uttering counterfeit obligations or securities                     

     Whoever, with intent to defraud, passes, utters, publishes, or sells,
  or attempts to pass, utter, publish, or sell, or with like intent brings
  into the United States or keeps in possession or conceals any falsely   
  made, forged, counterfeited, or altered obligation or other security of 
  the United States, shall be fined under this title or imprisoned not    
  more than fifteen 20 years, or both.                                    
          473. Dealing in counterfeit obligations or securities                   

     Whoever buys, sells, exchanges, transfers, receives, or delivers any 
  false, forged, counterfeited, or altered obligation or other security of
  the United States, with the intent that the same be passed, published,  
  or used as true and genuine, shall be fined under this title or         
  imprisoned not more than ten 20 years, or both.                         
                    474. Plates or stones , stones, or analog, digital, or        
          electronic images for counterfeiting obligations or securities          
     (a) Whoever, having control, custody, or possession of any plate,    
  stone, or other thing, or any part thereof, from which has been printed,
  or which may be prepared by direction of the Secretary of the Treasury  
  for the purpose of printing, any obligation or other security of the    
  United States, uses such plate, stone, or other thing, or any part      
  thereof, or knowingly suffers the same to be used for the purpose of    
  printing any such or similar obligation or other security, or any part  
  thereof, except as may be printed for the use of the United States by   
  order of the proper officer thereof; or                                 
     Whoever makes or executes any plate, stone, or other thing in the    
  likeness of any plate designated for the printing of such obligation or 
  other security; or                                                      

     Whoever, with intent to defraud, makes, executes, acquires, scans,   
  captures, records, receives, transmits, reproduces, sells, or has in    
  such person's control, custody, or possession, an analog, digital, or   
  electronic image of any obligation or other security of the United      
  States; or                                                              

         * * * * * * *                                                           

     (b) For purposes of this section, the terms ``plate'', ``stone'',    
  ``thing'', or ``other thing'' includes any electronic method used for   
  the acquisition, recording, retrieval, transmission, or reproduction of 
  any obligation or other security, unless such use is authorized by the  
  Secretary of the Treasury. For purposes of this section, the term       
  ``analog, digital, or electronic image'' includes any analog, digital,  
  or electronic method used for the making, execution, acquisition,       
  scanning, capturing, recording, retrieval, transmission, or reproduction
  of any obligation or security, unless such use is authorized by the     
  Secretary of the Treasury. The Secretary shall establish a system       
  (pursuant to section 504) to ensure that the legitimate use of such     
  electronic methods and retention of such reproductions by businesses,   
  hobbyists, press and others shall not be unduly restricted.             
         * * * * * * *                                                           

          476. Taking impressions of tools used for obligations or securities     

     Whoever, without authority from the United States, takes, procures,  
  or makes an impression, stamp, analog, digital, or electronic image, or 
  imprint of, from or by the use of any tool, implement, instrument, or   
  thing used or fitted or intended to be used in printing, stamping, or   
  impressing, or in making other tools, implements, instruments, or things
  to be used or fitted or intended to be used in printing, stamping, or   
  impressing any obligation or other security of the United States, shall 
  be fined under this title or imprisoned not more than ten 25 years, or  
  both.                                                                   
                    477. Possessing or selling impressions of tools used for      
          obligations or securities                                               
     Whoever, with intent to defraud, possesses, keeps, safeguards, or    
  controls, without authority from the United States, any imprint, stamp, 
  analog, digital, or electronic image, or impression, taken or made upon 
  any substance or material whatsoever, of any tool, implement, instrument
  or thing, used, fitted or intended to be used, for any of the purposes  
  mentioned in section 476 of this title; or                              
     Whoever, with intent to defraud, sells, gives, or delivers any such  
  imprint, stamp, analog, digital, or electronic image, or impression to  
  any other person--                                                      
     Shall be fined under this title or imprisoned not more than ten 25   
  years, or both.                                                         
          478. Foreign obligations or securities                                  

     Whoever, within the United States, with intent to defraud, falsely   
  makes, alters, forges, or counterfeits any bond, certificate,           
  obligation, or other security of any foreign government, purporting to  
  be or in imitation of any such security issued under the authority of   
  such foreign government, or any treasury note, bill, or promise to pay, 
  lawfully issued by such foreign government and intended to circulate as 
  money, shall be fined under this title or imprisoned not more than five 
  20 years, or both.                                                      
          479. Uttering counterfeit foreign obligations or securities             

     Whoever, within the United States, knowingly and with intent to      
  defraud, utters, passes, or puts off, in payment or negotiation, any    
  false, forged, or counterfeited bond, certificate, obligation, security,
  treasury note, bill, or promise to pay, mentioned in section 478 of this
  title, whether or not the same was made, altered, forged, or            
  counterfeited within the United States, shall be fined under this title 
  or imprisoned not more than three 20 years, or both.                    
          480. Possessing counterfeit foreign obligations or securities           

     Whoever, within the United States, knowingly and with intent to      
  defraud, possesses or delivers any false, forged, or counterfeit bond,  
  certificate, obligation, security, treasury note, bill, promise to pay, 
  bank note, or bill issued by a bank or corporation of any foreign       
  country, shall be fined under this title or imprisoned not more than one
  year 20 years, or both.                                                 
                    481. Plates or stones , stones, or analog, digital, or        
          electronic images for counterfeiting foreign obligations or securities  
     Whoever, within the United States except by lawful authority,        
  controls, holds, or possesses any plate, stone, or other thing, or any  
  part thereof, from which has been printed or may be printed any         
  counterfeit note, bond, obligation, or other security, in whole or in   
  part, of any foreign government, bank, or corporation, or uses such     
  plate, stone, or other thing, or knowingly permits or suffers the same  
  to be used in counterfeiting such foreign obligations, or any part      
  thereof; or                                                             
     Whoever, except by lawful authority, makes or engraves any plate,    
  stone, or other thing in the likeness or similitude of any plate, stone,
  or other thing designated for the printing of the genuine issues of the 
  obligations of any foreign government, bank, or corporation; or         

     Whoever, with intent to defraud, makes, executes, acquires, scans,   
  captures, records, receives, transmits, reproduces, sells, or has in    
  such person's control, custody, or possession, an analog, digital, or   
  electronic image of any bond, certificate, obligation, or other security
  of any foreign government, or of any treasury note, bill, or promise to 
  pay, lawfully issued by such foreign government and intended to         
  circulate as money; or                                                  

         * * * * * * *                                                           

     Shall be fined under this title or imprisoned not more than five 25  
  years, or both.                                                         
          482. Foreign bank notes                                                 

     Whoever, within the United States, with intent to defraud, falsely   
  makes, alters, forges, or counterfeits any bank note or bill issued by a
  bank or corporation of any foreign country, and intended by the law or  
  usage of such foreign country to circulate as money, such bank or       
  corporation being authorized by the laws of such country, shall be fined
  under this title or imprisoned not more than two 20 years, or both.     
          483. Uttering counterfeit foreign bank notes                            

     Whoever, within the United States, utters, passes, puts off, or      
  tenders in payment, with intent to defraud, any such false, forged,     
  altered, or counterfeited bank note or bill, mentioned in section 482 of
  this title, knowing the same to be so false, forged, altered, and       
  counterfeited, whether or not the same was made, forged, altered, or    
  counterfeited within the United States, shall be fined under this title 
  or imprisoned not more than one year 20 years, or both.                 
          484. Connecting parts of different notes                                

     Whoever so places or connects together different parts of two or more
  notes, bills, or other genuine instruments issued under the authority of
  the United States, or by any foreign government, or corporation, as to  
  produce one instrument, with intent to defraud, shall be guilty of      
  forgery in the same manner as if the parts so put together were falsely 
  made or forged, and shall be fined under this title or imprisoned not   
  more than five 10 years, or both.                                       
         * * * * * * *                                                           

          493. Bonds and obligations of certain lending agencies                  

     Whoever falsely makes, forges, counterfeits or alters any note, bond,
  debenture, coupon, obligation, instrument, or writing in imitation or   
  purporting to be in imitation of, a note, bond, debenture, coupon,      
  obligation, instrument or writing, issued by the Reconstruction Finance 
  Corporation, Federal Deposit Insurance Corporation, National Credit     
  Union Administration, Home Owners' Loan Corporation, Farm Credit        
  Administration, Department of Housing and Urban Development, or any land
  bank, intermediate credit bank, insured credit union, bank for          
  cooperatives or any lending, mortgage, insurance, credit or savings and 
  loan corporation or association authorized or acting under the laws of  
  the United States, shall be fined under this title or imprisoned not    
  more than five 10 years, or both.                                       
     Whoever passes, utters, or publishes, or attempts to pass, utter or  
  publish any note, bond, debenture, coupon, obligation, instrument or    
  document knowing the same to have been falsely made, forged,            
  counterfeited or altered, contrary to the provisions of this section,   
  shall be fined under this title or imprisoned not more than five 10     
  years, or both.                                                         
         * * * * * * *                                                           

                                   CHAPTER 46--FORFEITURE                         

         * * * * * * *                                                           

          981. Civil forfeiture                                                   

     (a)(1) The following property is subject to forfeiture to the United 
  States:                                                                 
       (A) Any property, real or personal, involved in a transaction or    
   attempted transaction in violation of section 5313(a) or 5324(a) of     
   title 31, or of section 6050I of the Internal Revenue Code of 1986, or  
   section 1956 or 1957 , 1957 or 1960 of this title, or any property      
   traceable to such property. However, no property shall be seized or     
   forfeited in the case of a violation of section 5313(a) of title 31 by a
   domestic financial institution examined by a Federal bank supervisory   
   agency or a financial institution regulated by the Securities and       
   Exchange Commission or a partner, director, or employee thereof.        
       (B) Any property, real or personal, within the jurisdiction of the  
   United States, constituting, derived from, or traceable to, any proceeds
   obtained directly or indirectly from an offense against a foreign nation
   involving the manufacture, importation, sale, or distribution of a      
   controlled substance (as such term is defined for the purposes of the   
   Controlled Substances Act), 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 act or activity      
   constituting the offense against the foreign nation had occurred within 
   the jurisdiction of the United States.                                  

       (B) Any property, real or personal, within the jurisdiction of the  
   United States, constituting, derived from, or traceable to, any proceeds
   obtained directly or indirectly from an offense against a foreign       
   nation, or any property used to facilitate such offense, if--           
       (i) the offense involves the manufacture, importation, sale, or     
   distribution of a controlled substance (as such term is defined for the 
   purposes of the Controlled Substances Act), or any other conduct        
   described in section 1956(c)(7)(B),                                     
       (ii) the offense would be punishable within the jurisdiction of the 
   foreign nation by death or imprisonment for a term exceeding one year,  
   and                                                                     
       (iii) the offense would be punishable under the laws of the United  
   States by imprisonment for a term exceeding one year if the act or      
   activity constituting the offense had occurred within the jurisdiction  
   of the United States.                                                   
         * * * * * * *                                                           


   (k)  Correspondent Bank Accounts.--                                    

       (1) Treatment of accounts of correspondent bank in domestic         
   financial institutions.--                                               
       (A) In general.--For the purpose of a forfeiture under this section 
   or under the Controlled Substances Act, if funds are deposited into a   
   dollar-denominated bank account in a foreign financial institution, and 
   that foreign financial institution has a correspondent account with a   
   financial institution in the United States, the funds deposited into the
   foreign financial institution (the respondent bank) shall be deemed to  
   have been deposited into the correspondent account in the United States,
   and any restraining order, seizure warrant, or arrest warrant in rem    
   regarding such funds may be served on the correspondent bank, and funds 
   in the correspondent account up to the value of the funds deposited into
   the dollar-denominated account in the foreign financial institution may 
   be seized, arrested or restrained.                                      
       (B) Authority to suspend.--The Attorney General, in consultation    
   with the Secretary, may suspend or terminate a forfeiture under this    
   section if the Attorney General determines that a conflict of law exists
   between the laws of the jurisdiction in which the foreign bank is       
   located and the laws of the United States with respect to liabilities   
   arising from the restraint, seizure, or arrest of such funds, and that  
   such suspension or termination would be in the interest of justice and  
   would not harm the national interests of the United States.             
       (2) No requirement for government to trace funds.--If a forfeiture  
   action is brought against funds that are restrained, seized, or arrested
   under paragraph (1), the Government shall not be required to establish  
   that such funds are directly traceable to the funds that were deposited 
   into the respondent bank, nor shall it be necessary for the Government  
   to rely on the application of Section 984 of this title.                
       (3) Claims brought by owner of the funds.--If a forfeiture action is
   instituted against funds seized, arrested, or restrained under paragraph
   (1), the owner of the funds may contest the forfeiture by filing a claim
   pursuant to section 983.                                                
       (4) Definitions.--For purposes of this subsection, the following    
   definitions shall apply:                                                
       (A) Correspondent account.--The term ``correspondent account'' has  
   the meaning given to the term ``interbank account'' in section          
   984(c)(2)(B).                                                           
    (B)  Owner.--                                                          

       (i) In general.--Except as provided in clause (ii), the term        
   ``owner''--                                                             
         (I) means the person who was the owner, as that term is defined in 
    section 983(d)(6), of the funds that were deposited into the foreign    
    bank at the time such funds were deposited; and                         
         (II) does not include either the foreign bank or any financial     
    institution acting as an intermediary in the transfer of the funds into 
    the interbank account.                                                  
       (ii) Exception.--The foreign bank may be considered the ``owner'' of
   the funds (and no other person shall qualify as the owner of such funds)
   only if--                                                               
         (I) the basis for the forfeiture action is wrongdoing committed by 
    the foreign bank; or                                                    
         (II) the foreign bank establishes, by a preponderance of the       
    evidence, that prior to the restraint, seizure, or arrest of the funds, 
    the foreign bank had discharged all or part of its obligation to the    
    prior owner of the funds, in which case the foreign bank shall be deemed
    the owner of the funds to the extent of such discharged obligation.     

          982. Criminal forfeiture                                                

     (a)(1) The court, in imposing sentence on a person convicted of an   
  offense in violation of section 5313(a), 5316, or 5324 of title 31, or  
  of section 6050I of the Internal Revenue Code of 1986, or section 1956, 
  1957, or 1960 of this title, shall order that the person forfeit to the 
  United States any property, real or personal, involved in such offense, 
  or any property traceable to such property. However, no property shall  
  be seized or forfeited in the case of a violation of section 5313(a) of 
  title 31 by a domestic financial institution examined by a Federal bank 
  supervisory agency or a financial institution regulated by the          
  Securities and Exchange Commission or a partner, director, or employee  
  thereof.                                                                
         * * * * * * *                                                           

                           CHAPTER 47--FRAUD AND FALSE STATEMENTS                 


 Sec.                                                                    

      1001.  Statements or entries generally.                                 

         * * * * * * *                                                           


            1008. False statements concerning the identity of customers of    
      financial institutions.                                                 
         * * * * * * *                                                           


                    1008. False statements concerning the identity of customers of
          financial institutions                                                  
     (a) In General.--Whoever, in connection with information submitted to
  or requested by a financial institution, knowingly in any manner--      
       (1) falsifies, conceals, or covers up, or attempts to falsify,      
   conceal, or cover up, the identity of any person in connection with any 
   transaction with a financial institution;                               
       (2) makes, or attempts to make, any materially false, fraudulent, or
   fictitious statement or representation of the identity of any person in 
   connection with a transaction with a financial institution;             
       (3) makes or uses, or attempts to make or use, any false writing or 
   document knowing the same to contain any materially false, fictitious,  
   or fraudulent statement or entry concerning the identity of any person  
   in connection with a transaction with a financial institution; or       
       (4) uses or presents, or attempts to use or present, in connection  
   with a transaction with a financial institution, an identification      
   document or means of identification the possession of which is a        
   violation of section 1028;                                              
    shall be fined under this title, imprisoned not more than 5 years, or 
  both.                                                                   
     (b) Definitions.--In this section, the following definitions shall   
  apply:                                                                  
    (1)  Financial institution.--The term ``financial institution''--      

    (A) has the same meaning as in section 20; and                         

       (B) in addition, has the same meaning as in section 5312(a)(2) of   
   title 31, United States Code.                                           
       (2) Identification document.--The term ``identification document''  
   has the same meaning as in section 1028(d).                             
       (3) Means of identification.--The term ``means of identification''  
   has the same meaning as in section 1028(d).                             

         * * * * * * *                                                           

                                  CHAPTER 95--RACKETEERING                        


 Sec.                                                                    

      1951.  Interference with commerce by threats or violence.               

         * * * * * * *                                                           

            1960. Prohibition of illegal unlicensed money transmitting        
      businesses.                                                             

         * * * * * * *                                                           

          1956. Laundering of monetary instruments                                

   (a)  * * *                                                             

     (b) (1) Whoever conducts or attempts to conduct a transaction        
  described in subsection (a)(1) or (a)(3), subsection (a)(1) or (a)(2) or
  section 1957, or a transportation, transmission, or transfer described  
  in subsection (a)(2), is liable to the United States for a civil penalty
  of not more than the greater of--                                       
       (1) (A) the value of the property, funds, or monetary instruments   
   involved in the transaction; or                                         
    (2)  (B) $10,000.                                                      


     (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, against whom
  the action is brought, if--                                             
       (A) 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; and                                            
    (B) the foreign person--                                               

       (i) commits an offense under subsection (a) involving a financial   
   transaction that occurs in whole or in part in the United States;       
       (ii) converts to such person's own use property in which the United 
   States has an ownership interest by virtue of the entry of an order of  
   forfeiture by a court of the United States; or                          
       (iii) is a financial institution that maintains a correspondent bank
   account at a financial institution in the United States.                
     (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.                                            

   (c) As used in this section--                                          

    (1)  * * *                                                             

         * * * * * * *                                                           

       (6) the term ``financial institution'' has the definition given that
   term in section 5312(a)(2) of title 31, United States Code, or the      
   regulations promulgated thereunder;                                     

       (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));                                

    (7) the term ``specified unlawful activity'' means--                   

    (A)  * * *                                                             

       (B) with respect to a financial transaction occurring in whole or in
   part in the United States, an offense against a foreign nation          
   involving--                                                             
    (i)  * * *                                                             

       (ii) murder, kidnapping, robbery, extortion, or destruction of      
   property by means of explosive or fire;                                 

       (ii) any act or acts constituting a crime of violence, as defined in
   section 16 of this title;                                               
         * * * * * * *                                                           

       (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 bilateral 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;                                     

         * * * * * * *                                                           

       (D) an offense under section 32 (relating to the destruction of     
   aircraft), section 37 (relating to violence at international airports), 
   section 115 (relating to influencing, impeding, or retaliating against a
   Federal official by threatening or injuring a family member), section   
   152 (relating to concealment of assets; false oaths and claims;         
   bribery), section 215 (relating to commissions or gifts for procuring   
   loans), section 351 (relating to congressional or Cabinet officer       
   assassination), any of sections 500 through 503 (relating to certain    
   counterfeiting offenses), section 513 (relating to securities of States 
   and private entities), section 541 (relating to goods falsely           
   classified), section 542 (relating to entry of goods by means of false  
   statements), section 545 (relating to smuggling goods into the United   
   States), section 549 (relating to removing goods from Customs custody), 
   section 641 (relating to public money, property, or records), section   
   656 (relating to theft, embezzlement, or misapplication by bank officer 
   or employee), section 657 (relating to lending, credit, and insurance   
   institutions), section 658 (relating to property mortgaged or pledged to
   farm credit agencies), section 666 (relating to theft or bribery        
   concerning programs receiving Federal funds), section 793, 794, or 798  
   (relating to espionage), section 831 (relating to prohibited            
   transactions involving nuclear materials), section 844 (f) or (i)       
   (relating to destruction by explosives or fire of Government property or
   property affecting interstate or foreign commerce), section 875         
   (relating to interstate communications), section 922(1) (relating to the
   unlawful importation of firearms), section 924(n) (relating to firearms 
   trafficking), section 956 (relating to conspiracy to kill, kidnap, maim,
   or injure certain property in a foreign country), section 1005 (relating
   to fraudulent bank entries), 1006 (relating to fraudulent Federal credit
   institution entries), 1007 (relating to Federal Deposit Insurance       
   transactions), 1014 (relating to fraudulent loan section 1008 (relating 
   to false statements concerning the identity of customers of financial   
   institutions), section 1014 (relating to fraudulent loan or credit      
   applications), section 1030 (relating to computer fraud and abuse), 1032
   (relating to concealment of assets from conservator, receiver, or       
   liquidating agent of financial institution), section 1111 (relating to  
   murder), section 1114 (relating to murder of United States law          
   enforcement officials), section 1116 (relating to murder of foreign     
   officials, official guests, or internationally protected persons),      
   section 1201 (relating to kidnapping), section 1203 (relating to hostage
   taking), section 1361 (relating to willful injury of Government         
   property), section 1363 (relating to destruction of property within the 
   special maritime and territorial jurisdiction), section 1708 (theft from
   the mail), section 1751 (relating to Presidential assassination),       
   section 2113 or 2114 (relating to bank and postal robbery and theft),   
   section 2280 (relating to violence against maritime navigation), section
   2281 (relating to violence against maritime fixed platforms), or section
   2319 (relating to copyright infringement), section 2320 (relating to    
   trafficking in counterfeit goods and services),, section 2332 (relating 
   to terrorist acts abroad against United States nationals), section 2332a
   (relating to use of weapons of mass destruction), section 2332b         
   (relating to international terrorist acts transcending national         
   boundaries), or section 2339A or 2339B (relating to providing material  
   support to terrorists) of this title, section 46502 of title 49, United 
   States Code,, a felony violation of the Chemical Diversion and          
   Trafficking Act of 1988 (relating to precursor and essential chemicals),
   section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to     
   aviation smuggling), section 422 of the Controlled Substances Act       
   (relating to transportation of drug paraphernalia), section 38(c)       
   (relating to criminal violations) of the Arms Export Control Act,       
   section 11 (relating to violations) of the Export Administration Act of 
   1979, section 206 (relating to penalties) of the International Emergency
   Economic Powers Act, section 16 (relating to offenses and punishment) of
   the Trading with the Enemy Act, any felony violation of section 15 of   
   the Food Stamp Act of 1977 (relating to food stamp fraud) involving a   
   quantity of coupons having a value of not less than $5,000, any         
   violation of section 543(a)(1) of the Housing Act of 1949 (relating to  
   equity skimming), any felony violation of the Foreign Agents            
   Registration Act of 1938, as amended, or any felony violation of the    
   Foreign Corrupt Practices Act; or                                       
         * * * * * * *                                                           

                    1957. Engaging in monetary transactions in property derived   
          from specified unlawful activity                                        
   (a)  * * *                                                             

         * * * * * * *                                                           


     (g) Any person who conceals more than $10,000 in currency on his or  
  her person, in any vehicle, in any compartment or container within any  
  vehicle, or in any container placed in a common carrier, and transports,
  attempts to transport, or conspires to transport such currency in       
  interstate commerce on any public road or highway or on any bus, train, 
  airplane, vessel, or other common carrier, 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. For      
  purposes of this subsection, the concealment of currency on the person  
  of any individual includes concealment in any article of clothing worn  
  by the individual or in any luggage, backpack, or other container worn  
  or carried by such individual.                                          

         * * * * * * *                                                           

          1960. Prohibition of illegal money transmitting businesses              

     (a) Whoever conducts, controls, manages, supervises, directs, or owns
  all or part of a business, knowing the business is an illegal money     
  transmitting business, shall be fined in accordance with this title or  
  imprisoned not more than 5 years, or both.                              
   (b) As used in this section--                                          

       (1) the term ``illegal money transmitting business'' means a money  
   transmitting business which affects interstate or foreign commerce in   
   any manner or degree and--                                              
       (A) is intentionally operated without an appropriate money          
   transmitting license in a State where such operation is punishable as a 
   misdemeanor or a felony under State law; or                             
       (B) fails to comply with the money transmitting business            
   registration requirements under section 5330 of title 31, United States 
   Code, or regulations prescribed under such section;                     
       (2) the term ``money transmitting'' includes but is not limited to  
   transferring funds on behalf of the public by any and all means         
   including but not limited to transfers within this country or to        
   locations abroad by wire, check, draft, facsimile, or courier; and      
       (3) the term ``State'' means any State of the United States, the    
   District of Columbia, the Northern Mariana Islands, and any             
   commonwealth, territory, or possession of the United States.            

          1960. Prohibition of unlicensed money transmitting businesses           

     (a) Whoever knowingly conducts, controls, manages, supervises,       
  directs, or owns all or part of an unlicensed money transmitting        
  business, shall be fined in accordance with this title or imprisoned not
  more than 5 years, or both.                                             
   (b) As used in this section--                                          

       (1) the term ``unlicensed money transmitting business'' means a     
   money transmitting business which affects interstate or foreign commerce
   in any manner or degree and--                                           
       (A) is operated without an appropriate money transmitting license in
   a State where such operation is punishable as a misdemeanor or a felony 
   under State law, whether or not the defendant knew that the operation   
   was required to be licensed or that the operation was so punishable;    
       (B) fails to comply with the money transmitting business            
   registration requirements under section 5330 of title 31, United States 
   Code, or regulations prescribed under such section; or                  
       (C) otherwise involves the transportation or transmission of funds  
   that are known to the defendant to have been derived from a criminal    
   offense or are intended to be used to be used to promote or support     
   unlawful activity;                                                      
       (2) the term ``money transmitting'' includes transferring funds on  
   behalf of the public by any and all means including but not limited to  
   transfers within this country or to locations abroad by wire, check,    
   draft, facsimile, or courier; and                                       
       (3) the term ``State'' means any State of the United States, the    
   District of Columbia, the Northern Mariana Islands, and any             
   commonwealth, territory, or possession of the United States.            

         * * * * * * *                                                           

          PART II--CRIMINAL PROCEDURE                                             

         * * * * * * *                                                           

                             CHAPTER 223--WITNESSES AND EVIDENCE                  

         * * * * * * *                                                           

          3486. Administrative subpoenas                                          

   (a)  Authorization.--(1)(A) In any investigation of--                  

       (i)(I) a Federal health care offense; or (II) a Federal offense     
   involving the sexual exploitation or abuse of children, , (II) a Federal
   offense involving the sexual exploitation or abuse of children, or (III)
   a money laundering offense in violation of section 1956, 1957 or 1960 of
   this title, the Attorney General; or                                    
         * * * * * * *                                                           

                                                                                 

                                FEDERAL DEPOSIT INSURANCE ACT                     

         * * * * * * *                                                           

    Sec.  8. (a)  * * *                                                   

         * * * * * * *                                                           


     (x) Depository Institution Involvement in Internet Gambling.--If any 
  appropriate Federal banking agency determines that any insured          
  depository institution is engaged in any of the following activities,   
  the agency may issue an order to such institution prohibiting such      
  institution from continuing to engage in any of the following           
  activities:                                                             
       (1) Extending credit, or facilitating an extension of credit,       
   electronic fund transfer, or money transmitting service with the actual 
   knowledge that any person is violating section 3(a) of the Unlawful     
   Internet Gambling Funding Prohibition Act in connection with such       
   extension of credit, electronic fund transfer, or money transmitting    
   service.                                                                
       (2) Paying, transferring, or collecting on any check, draft, or     
   other instrument drawn on any depository institution with the actual    
   knowledge that any person is violating section 3(a) of the Unlawful     
   Internet Gambling Funding Prohibition Act in connection with such check,
   draft, or other instrument.                                             

         * * * * * * *                                                           

    Sec.  18. (a)  * * *                                                  

         * * * * * * *                                                           

   (c)(1)  * * *                                                          

         * * * * * * *                                                           


       (11) Money laundering.--In every case, the responsible agency shall 
   take into consideration the effectiveness of any insured depository     
   institution involved in the proposed merger transaction in combating and
   preventing money laundering activities, including in overseas branches. 

     (11) (12) The provisions of this subsection do not apply to any      
  merger transaction involving a foreign bank if no party to the          
  transaction is principally engaged in business in the United States.    
         * * * * * * *                                                           


     (w) Written Employment References May Contain Suspicions of          
  Involvement in Illegal Activity.--                                      
       (1) In general.--Notwithstanding any other provision of law, any    
   insured depository institution, and any director, officer, employee, or 
   agent of such institution, may disclose in any written employment       
   reference relating to a current or former institution-affiliated party  
   of such institution which is provided to another insured depository     
   institution in response to a request from such other institution,       
   information concerning the possible involvement of such                 
   institution-affiliated party in potentially unlawful activity, to the   
   extent--                                                                
       (A) the disclosure does not contain information which the           
   institution, director, officer, employee, or agent knows to be false;   
   and                                                                     
       (B) the institution, director, officer, employee, or agent has not  
   acted with malice or with reckless disregard for the truth in making the
   disclosure.                                                             
       (2) Definition.--For purposes of this subsection, the term ``insured
   depository institution'' includes any uninsured branch or agency of a   
   foreign bank.                                                           

         * * * * * * *                                                           

    Sec.  21. (a)  * * *                                                  

         * * * * * * *                                                           

   (j)  Civil Penalties.--                                                

       (1) Penalty imposed.--Any insured depository institution and any    
   director, officer, or employee of an insured depository institution who 
   willfully or through gross negligence violates, or any person who       
   willfully causes such a violation, any regulation prescribed under      
   subsection (b) shall be liable to the United States for a civil penalty 
   of not more than $10,000 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.                                                          

         * * * * * * *                                                           

                                                                                 

                                   ACT OF OCTOBER 26, 1970                        

             (Public Law 91 508)                                                    


                         AN ACT To amend the Federal Deposit Insurance Act to       
            require insured banks to maintain certain records, to require that      
            certain transactions in the United States currency be reported to the   
            Department of the Treasury, and for other purposes.                     
         * * * * * * *                                                           

          125. Civil penalties                                                    

     (a) For each willful or grossly negligent violation of any regulation
  under this chapter, the Secretary may assess upon any person to which   
  the regulation applies, or any person willfully causing a violation of  
  the regulation, and, if such person is a partnership, corporation, or   
  other entity, upon any partner, director, officer, or employee thereof  
  who willfully or through gross negligence participates in the violation,
  a civil penalty not exceeding $10,000 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.                                                          

         * * * * * * *                                                           

          126. Criminal penalty                                                   

     Whoever willfully violates any regulation under this chapter shall be
  fined not more than $1,000 or imprisoned not more than one year, or     
  both.                                                                   
          127. Additional criminal penalty in certain cases                       

     Whoever willfully violates, or willfully causes a violation of any   
  regulation under this chapter, section 21 of the Federal Deposit        
  Insurance Act, or section 411 of the National Housing Act, where the    
  violation is committed in furtherance of the commission of any violation
  of Federal law punishable by imprisonment for more than one year, shall 
  be fined not more than $10,000 or imprisoned not more than five years,  
  or both.                                                                

          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.                          
          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.               

         * * * * * * *                                                           

                                                                                 

                     SECTION 212 OF THE IMMIGRATION AND NATIONALITY ACT           

 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR
                 ADMISSION; WAIVERS OF INADMISSIBILITY                   
       Sec. 212. (a) Classes of Aliens Ineligible for Visas or             
   Admission.--Except as otherwise provided in this Act, aliens who are    
   inadmissible under the following paragraphs are ineligible to receive   
   visas and ineligible to be admitted to the United States:               
    (1)  * * *                                                             

    (2)  Criminal and related grounds.--                                   

    (A)  * * *                                                             

         * * * * * * *                                                           


    (D)  Money laundering activities.--                                    

       (i) In general.--Any alien who the consular officer or the Attorney 
   General knows or has reason to believe is or has been engaged in        
   activities which if engaged in within the United States would constitute
   a violation of the money laundering provisions section 1956, 1957, or   
   1960 of title 18, United States Code, or has knowingly assisted,        
   abetted, or conspired or colluded with others in any such illicit       
   activity is inadmissible.                                               
       (ii) Related individuals.--Any alien who the consular officer or the
   Attorney General knows or has reason to believe is the spouse, son, or  
   daughter of an alien inadmissible under clause (i), has, within the     
   previous 5 years, obtained any financial or other benefit from such     
   illicit activity of that alien, and knew or reasonably should have known
   that the financial or other benefit was the product of such illicit     
   activity, is inadmissible, except that the Attorney General may, in the 
   full discretion of the Attorney General, waive the exclusion of the     
   spouse, son, or daughter of an alien under this clause if the Attorney  
   General determines that exceptional circumstances exist that justify    
   such waiver.                                                            

    (D)  (E)  Prostitution and commercialized vice.--Any alien who--       

    (i)  * * *                                                             

         * * * * * * *                                                           

       (E) (F) Certain aliens involved in serious criminal activity who    
   have asserted immunity from prosecution.--Any alien--                   
    (i)  * * *                                                             

         * * * * * * *                                                           

       (F) (G) Waiver authorized.--For provision authorizing waiver of     
   certain subparagraphs of this paragraph, see subsection (h).            
       (G) (H) Foreign government officials who have engaged in            
   particularly severe violations of religious freedom.--Any alien who,    
   while serving as a foreign government official, was responsible for or  
   directly carried out, at any time during the preceding 24-month period, 
   particularly severe violations of religious freedom, as defined in      
   section 3 of the International Religious Freedom Act of 1998, and the   
   spouse and children, if any, are inadmissible.                          
    (H)  (I)  Significant traffickers in persons.--                        

    (i)  * * *                                                             

         * * * * * * *                                                           

       (h) The Attorney General may, in his discretion, waive the          
   application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection 
   (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it     
   relates to a single offense of simple possession of 30 grams or less of 
   marijuana if--                                                          
       (1)(A) in the case of any immigrant it is established to the        
   satisfaction of the Attorney General that--                             
       (i) the alien is inadmissible only under subparagraph (D)(i) or     
   (D)(ii) (E)(i) or (E)(ii) of such subsection or the activities for which
   the alien is inadmissible occurred more than 15 years before the date of
   the alien's application for a visa, admission, or adjustment of status, 
         * * * * * * *                                                           

                                                                                 

                        SECTION 413 OF THE CONTROLLED SUBSTANCES ACT              

                                    CRIMINAL FORFEITURES                          

                          PROPERTY SUBJECT TO CRIMINAL FORFEITURE                 

    Sec.  413. (a)  * * *                                                 

         * * * * * * *                                                           

                                     PROTECTIVE ORDERS                            

   (e)(1)  * * *                                                          

         * * * * * * *                                                           


   (4)  Order To Repatriate and Deposit.--                                

       (A) In general.--Pursuant to its authority to enter a pretrial      
   restraining order under this section, including its authority to        
   restrain any property forfeitable as substitute assets, the court may   
   order a defendant to repatriate any property that may be seized and     
   forfeited, and to deposit that property pending trial in the registry of
   the court, or with the United States Marshals Service or the Secretary  
   of the Treasury, in an interest-bearing account, if appropriate.        
       (B) Failure to comply.--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 of the defendant under the
   obstruction of justice provision of the Federal Sentencing Guidelines.  

         * * * * * * *                                                           

     (p) If any of the property described in subsection (a), as a result  
  of any act or omission of the defendant--                               
    (1) cannot be located upon the exercise of due diligence;              

    (2) has been transferred or sold to, or deposited with, a third party; 

    (3) has been placed beyond the jurisdiction of the court;              

    (4) has been substantially diminished in value; or                     

       (5) has been commingled with other property which cannot be divided 
   without difficulty;                                                     
    the court shall order the forfeiture of any other property of the     
  defendant up to the value of any property described in paragraphs (1)   
  through (5).                                                            

   (p)  Forfeiture of Substitute Property.--                              

       (1) In general.--Paragraph (2) of this subsection shall apply, if   
   any property described in subsection (a), as a result of any act or     
   omission of the defendant--                                             
    (A) cannot be located upon the exercise of due diligence;              

    (B) has been transferred or sold to, or deposited with, a third party; 

    (C) has been placed beyond the jurisdiction of the court;              

    (D) has been substantially diminished in value; or                     

       (E) has been commingled with other property which cannot be divided 
   without difficulty.                                                     
       (2) Substitute property.--In any case described in any of           
   subparagraphs (A) through (E) of paragraph (1), the court shall order   
   the forfeiture of any other property of the defendant, up to the value  
   of any property described in subparagraphs (A) through (E) of paragraph 
   (1), as applicable.                                                     
       (3) Return of property to jurisdiction.--In the case of property    
   described in paragraph (1)(C), the court may, in addition to any other  
   action authorized by this subsection, order the defendant to return the 
   property to the jurisdiction of the court so that the property may be   
   seized and forfeited.                                                   

         * * * * * * *                                                           

                                                                                 


                                TITLE 28, UNITED STATES CODE                      

         * * * * * * *                                                           

          PART VI--PARTICULAR PROCEEDING                                          

         * * * * * * *                                                           

                        CHAPTER 163--FINES, PENALTIES AND FORFEITURES             

         * * * * * * *                                                           

          2466. Fugitive disentitlement                                           

     (a) A judicial officer may disallow a person from using the resources
  of the courts of the United States in furtherance of a claim in any     
  related civil forfeiture action or a claim in third party proceedings in
  any related criminal forfeiture action upon a finding that such person--
    (1) * * *                                                              

         * * * * * * *                                                           

     (b) Subsection (a) may be applied to a claim filed by a corporation  
  if any majority shareholder, or individual filing the claim on behalf of
  the corporation is a person to whom subsection (a) applies.             
          2467. Enforcement of foreign judgment                                   

   (a)  Definitions.--In this section--                                   

    (1) * * *                                                              

       (2) the term ``forfeiture or confiscation judgment'' means a final  
   order of a foreign nation compelling a person or entity--               
       (A) to pay a sum of money representing the proceeds of an offense   
   described in Article 3, Paragraph 1, of the United Nations Convention , 
   any violation of foreign law that would constitute a violation of an    
   offense for which property could be forfeited under Federal law if the  
   offense were committed in the United States , or any foreign offense    
   described in section 1956(c)(7)(B) of title 18, or property the value of
   which corresponds to such proceeds; or                                  
         * * * * * * *                                                           

   (b)  Review by Attorney General.--                                     

       (1) In general.--A foreign nation seeking to have a forfeiture or   
   confiscation judgment registered and enforced by a district court of the
   United States under this section shall first submit a request to the    
   Attorney General or the designee of the Attorney General, which request 
   shall include--                                                         
    (A) * * *                                                              

         * * * * * * *                                                           

       (C) an affidavit or sworn declaration establishing that the         
   defendant received notice of the proceedings in sufficient time to      
   enable the defendant establishing that the foreign nation took steps, in
   accordance with the principles of due process, to give notice of the    
   proceedings to all persons with an interest in the property in          
   sufficient time to enable such persons to defend against the charges and
   that the judgment rendered is in force and is not subject to appeal; and
         * * * * * * *                                                           

   (d)  Entry and Enforcement of Judgment.--                              

       (1) In general.--The district court shall enter such orders as may  
   be necessary to enforce the judgment on behalf of the foreign nation    
   unless the court finds that--                                           
    (A) * * *                                                              

         * * * * * * *                                                           

       (D) the defendant in the proceedings in the foreign court did not   
   receive notice the foreign nation did not take steps, in accordance with
   the principles of due process, to give notice of the proceedings to a   
   person with an interest in the property of the proceedings in sufficient
   time to enable him or her to defend; or                                 
         * * * * * * *                                                           


       (3) Preservation of property.--To preserve the availability of      
   property subject to a foreign forfeiture or confiscation judgment, the  
   Government may apply for, and the court may issue, a restraining order  
   pursuant to section 983(j) of title 18, United States Code, at any time 
   before or after an application is filed pursuant to subsection (c)(1).  
   The court, in issuing the restraining order--                           
       (A) may rely on information set forth in an affidavit describing the
   nature of the proceeding or investigation underway in the foreign       
   country, and setting forth a reasonable basis to believe that the       
   property to be restrained will be named in a judgment of forfeiture at  
   the conclusion of such proceeding; or                                   
       (B) may register and enforce a restraining order that has been      
   issued by a court of competent jurisdiction in the foreign country and  
   certified by the Attorney General pursuant to subsection (b)(2).        
      No person may object to the restraining order on any ground that is  
   the subject of parallel litigation involving the same property that is  
   pending in a foreign court.                                             

         * * * * * * *                                                           

                                                                                 


                           RIGHT TO FINANCIAL PRIVACY ACT OF 1978                 

                            TITLE XI--RIGHT TO FINANCIAL PRIVACY                  

       Sec. 1100. This title may be cited as the ``Right to Financial      
   Privacy Act of 1978''.                                                  
         * * * * * * *                                                           

                            USE OF INFORMATION                           

       Sec. 1112. (a) Financial records originally obtained pursuant to    
   this title shall not be transferred to another agency or department     
   unless the transferring agency or department certifies in writing that  
   there is reason to believe that the records are relevant to a legitimate
   law enforcement inquiry , or intelligence or counterintelligence        
   activity, investigation or analysis related to international terrorism  
   within the jurisdiction of the receiving agency or department.          
         * * * * * * *                                                           

                            SPECIAL PROCEDURES                           

       Sec. 1114. (a)(1) Nothing in this title (except sections 1115, 1117,
   1118, and 1121) shall apply to the production and disclosure of         
   financial records pursuant to requests from--                           
       (A) a Government authority authorized to conduct foreign counter- or
   foreign positive-intelligence activities for purposes of conducting such
   activities; or                                                          
       (B) the Secret Service for the purpose of conducting its protective 
   functions (18 U.S.C. 3056; 3 U.S.C. 202, Public Law 90 331, as amended).
   ; or                                                                    
       (C) a Government authority authorized to conduct investigations of, 
   or intelligence or counterintelligence analyses related to,             
   international terrorism for the purpose of conducting such              
   investigations or analyses.                                             
         * * * * * * *                                                           

                          GRAND JURY INFORMATION                         

       Sec. 1120. (a) Financial records about a customer obtained from a   
   financial institution pursuant to a subpena issued under the authority  
   of a Federal grand jury--                                               
    (1) * * *                                                              

       (2) shall be used only for the purpose of considering whether to    
   issue an indictment or presentment by that grand jury, or of prosecuting
   a crime for which that indictment or presentment is issued, or for a    
   purpose authorized by rule 6(e) of the Federal Rules of Criminal        
   Procedure , or for a purpose authorized by section 1112(a) ;            
         * * * * * * *                                                           

                                                                                 

                                  FAIR CREDIT REPORTING ACT                       

          TITLE VI--CONSUMER CREDIT REPORTING                                     


      Sec.                                                                    

      601. Short title.                                                       

         * * * * * * *                                                           

      624.  625.  Disclosures to FBI for counterintelligence purposes.        

             626. Disclosures to governmental agencies for counterterrorism   
      purposes.                                                               

          601. Short title                                                        

   This title may be cited as the Fair Credit Reporting Act.              

         * * * * * * *                                                           

          624.  625.  Disclosures to FBI for counterintelligence purposes         

   (a) * * *                                                              

         * * * * * * *                                                           


          626. Disclosures to governmental agencies for counterterrorism purposes 

     (a) Disclosure.--Notwithstanding section 604 or any other provision  
  of this title, a consumer reporting agency shall furnish a consumer     
  report of a consumer and all other information in a consumer's file to a
  government agency authorized to conduct investigations of, or           
  intelligence or counterintelligence activities or analysis related to,  
  international terrorism when presented with a written certification by  
  such government agency that such information is necessary for the       
  agency's conduct or such investigation, activity or analysis.           
     (b) Form of Certification.--The certification described in subsection
  (a) shall be signed by the Secretary of the Treasury, or an officer     
  designated by the Secretary from among officers of the Department of the
  Treasury whose appointments to office are required to be made by the    
  President, by and with the advice and consent of the Senate.            
     (c) Confidentiality.--No consumer reporting agency, or officer,      
  employee, or agent of such consumer reporting agency, shall disclose to 
  any person, or specify in any consumer report, that a government agency 
  has sought or obtained access to information under subsection (a).      
     (d) Rule of Construction.--Nothing in section 625 shall be construed 
  to limit the authority of the Director of the Federal Bureau of         
  Investigation under this section.                                       
     (e) Safe Harbor.--Notwithstanding any other provision of this        
  subchapter, any consumer reporting agency or agent or employee thereof  
  making disclosure of consumer reports or other information pursuant to  
  this section in good-faith reliance upon a certification of a           
  governmental agency pursuant to the provisions of this section shall not
  be liable to any person for such disclosure under this subchapter, the  
  constitution of any State, or any law or regulation of any State or any 
  political subdivision of any State.                                     

                                                                                 

                      SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956           

                            ACQUISITION OF BANK SHARES OR ASSETS                  

    Sec.  3. (a) * * *                                                    

         * * * * * * *                                                           

   (c)  Factors for Consideration by Board.--                             

    (1) * * *                                                              

         * * * * * * *                                                           


       (6) Money laundering.--In every case the Board shall take into      
   consideration the effectiveness of the company or companies in combating
   and preventing money laundering activities, including in overseas       
   branches.                                                               

         * * * * * * *                                                           

                                                                                 

                          ANNUNZIO-WYLIE ANTI-MONEY LAUNDERING ACT                

           TITLE XV--ANNUNZIO-WYLIE ANTI-MONEY LAUNDERING ACT                      

          SEC. 1500. SHORT TITLE.                                                 

     This title may be cited as the ``Annunzio-Wylie Anti-Money Laundering
  Act''.                                                                  
         * * * * * * *                                                           

           Subtitle F--Miscellaneous Provisions                                    

         * * * * * * *                                                           

          SEC. 1564. ADVISORY GROUP ON REPORTING REQUIREMENTS.                    

   (a) * * *                                                              

         * * * * * * *                                                           


   (d)  Terrorist Financing Issues.--                                     

       (1) In general.--The Secretary of the Treasury shall provide, either
   within the Bank Secrecy Act Advisory Group, or as a subcommittee or     
   other adjunct of the Advisory Group, for a task force of representatives
   from agencies and officers represented on the Advisory Group, a         
   representative of the Director of the Office of Homeland Security, and  
   representatives of financial institutions, private organizations that   
   represent the financial services industry, and other interested parties 
   to focus on--                                                           
       (A) issues specifically related to the finances of terrorist groups,
   the means terrorist groups use to transfer funds around the world and   
   within the United States, including through the use of charitable       
   organizations, nonprofit organizations, and nongovernmental             
   organizations, and the extent to which financial institutions in the    
   United States are unwittingly involved in such finances and the extent  
   to which such institutions are at risk as a result;                     
       (B) the relationship, particularly the financial relationship,      
   between international narcotics traffickers and foreign terrorist       
   organizations, the extent to which their memberships overlap and engage 
   in joint activities, and the extent to which they cooperate with each   
   other in raising and transferring funds for their respective purposes;  
   and                                                                     
       (C) means of facilitating the identification of accounts and        
   transactions involving terrorist groups and facilitating the exchange of
   information concerning such accounts and transactions between financial 
   institutions and law enforcement organizations.                         
       (2) Applicability of other provisions.--Sections 552, 552a, and 552b
   of title 5, United States Code, and the Federal Advisory Committee Act  
   shall not apply to the task force established pursuant to paragraph (1).

         * * * * * * *                                                           


                                      DISSENTING VIEWS                            

      The so-called Financial Anti-Terrorism Act of 2001 (HR 3004) has more
   to do with the ongoing war against financial privacy than with the war  
   against international terrorism. Of course, the federal government      
   should take all necessary and constitutional actions to enhance the     
   ability of law enforcement to locate and seize funds flowing to known   
   terrorists and their front groups. For example, America should consider 
   signing more mutual legal assistance treaties with its allies so we can 
   more easily locate the assets of terrorists and other criminals.        
      Unfortunately, instead of focusing on reasonable measures aimed at   
   enhancing the ability to reach assets used to support terrorism, HR 3004
   is a laundry list of dangerous, unconstitutional power grabs. Many of   
   these proposals have already been rejected by the American people when  
   presented as necessary to ``fight the war on drugs'' or ``crackdown on  
   white-collar crime.'' Even a ban on Internet gambling has somehow made  
   it into this ``anti-terrorism'' bill!                                   
      Among the most obnoxious provisions of this bill are: expanding the  
   war on cash by creating a new federal crime of taking over $10,000 cash 
   into or out of the United States; codifying the unconstitutional        
   authority of the Financial Crimes Enforcement Network (FinCEN) to snoop 
   into the private financial dealings of American citizens; and expanding 
   the ``suspicious activity reports'' mandate to broker-dealers, even     
   though history has shown that these reports fail to significantly aid in
   apprehending criminals. These measures will actually distract from the  
   battle against terrorism by encouraging law enforcement authorities to  
   waste time snooping through the financial records of innocent Americans 
   who simply happen to demonstrate an ``unusual'' pattern in their        
   financial dealings.                                                     
      HR 3004 also attacks the Fourth Amendment by allowing Customs        
   officials to open incoming or outgoing mail without a search warrant.   
   Allowing government officials to read mail going out of or coming into  
   the country at whim is characteristic of totalitarian regimes, not free 
   societies.                                                              
      The Financial Anti-Terrorism Act of 2001 (HR 3004) is a package of   
   unconstitutional expansions of the financial police state, most of which
   will prove ultimately ineffective in the war against terrorism. I       
   therefore urge my colleagues to reject this bill and work to fashion a  
   measure aimed at giving the government a greater ability to locate and  
   seize the assets of terrorists while respecting the constitutional      
   rights of American citizens.                                            

         Ron Paul.                                                              
  


Source:
U.S. Government Website

September 11 Page

127 Wall Street, New Haven, CT 06511.