TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND ANTI-TERRORIST
                         FINANCING ACT OF 2001

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``International Money
     Laundering Abatement and Financial Anti-Terrorism Act of
     2001''.

     SEC. 302. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) money laundering, estimated by the International
     Monetary Fund to amount to between 2 and 5 percent of global
     gross domestic product, which is at least $600,000,000,000
     annually, provides the financial fuel that permits
     transnational criminal enterprises to conduct and expand
     their operations to the detriment of the safety and security
     of American citizens;
       (2) money laundering, and the defects in financial
     transparency on which money launderers rely, are critical to
     the financing of global terrorism and the provision of funds
     for terrorist attacks;
       (3) money launderers subvert legitimate financial
     mechanisms and banking relationships by using them as
     protective covering for the movement of criminal proceeds and
     the financing of crime and terrorism, and, by so doing, can
     threaten the safety of United States citizens and undermine
     the integrity of United States financial institutions and of
     the global financial and trading systems upon which
     prosperity and growth depend;
       (4) certain jurisdictions outside of the United States that
     offer ``offshore'' banking and related facilities designed to
     provide anonymity, coupled with weak financial supervisory
     and enforcement regimes, provide essential tools to disguise
     ownership and movement of criminal funds, derived from, or
     used to commit, offenses ranging from narcotics trafficking,
     terrorism, arms smuggling, and trafficking in human beings,
     to financial frauds that prey on law-abiding citizens;
       (5) transactions involving such offshore jurisdictions make
     it difficult for law enforcement officials and regulators to
     follow the trail of money earned by criminals, organized
     international criminal enterprises, and global terrorist
     organizations;
       (6) correspondent banking facilities are one of the banking
     mechanisms susceptible in some circumstances to manipulation
     by foreign banks to permit the laundering of funds by hiding
     the identity of real parties in interest to financial
     transactions;
       (7) private banking services can be susceptible to
     manipulation by money launderers, for example corrupt foreign
     government officials, particularly if those services include
     the creation of offshore accounts and facilities for large
     personal funds transfers to channel funds into accounts
     around the globe;
       (8) United States anti-money laundering efforts are impeded
     by outmoded and inadequate statutory provisions that make
     investigations, prosecutions, and forfeitures more difficult,
     particularly in cases in which money laundering involves
     foreign persons, foreign banks, or foreign countries;
       (9) the ability to mount effective counter-measures to
     international money launderers requires national, as well as
     bilateral and multilateral action, using tools specially
     designed for that effort; and
       (10) the Basle Committee on Banking Regulation and
     Supervisory Practices and the Financial Action Task Force on
     Money Laundering, of both of which the United States is a
     member, have each adopted international anti-money laundering
     principles and recommendations.
       (b) Purposes.--The purposes of this title are--
       (1) to increase the strength of United States measures to
     prevent, detect, and prosecute international money laundering
     and the financing of terrorism;
       (2) to ensure that--
       (A) banking transactions and financial relationships and
     the conduct of such transactions and relationships, do not
     contravene the purposes of subchapter II of chapter 53 of

[[Page H7167]]

     title 31, United States Code, section 21 of the Federal
     Deposit Insurance Act, or chapter 2 of title I of Public Law
     91-508 (84 Stat. 1116), or facilitate the evasion of any such
     provision; and
       (B) the purposes of such provisions of law continue to be
     fulfilled, and such provisions of law are effectively and
     efficiently administered;
       (3) to strengthen the provisions put into place by the
     Money Laundering Control Act of 1986 (18 U.S.C. 981 note),
     especially with respect to crimes by non-United States
     nationals and foreign financial institutions;
       (4) to provide a clear national mandate for subjecting to
     special scrutiny those foreign jurisdictions, financial
     institutions operating outside of the United States, and
     classes of international transactions or types of accounts
     that pose particular, identifiable opportunities for criminal
     abuse;
       (5) to provide the Secretary of the Treasury (in this title
     referred to as the ``Secretary'') with broad discretion,
     subject to the safeguards provided by the Administrative
     Procedure Act under title 5, United States Code, to take
     measures tailored to the particular money laundering problems
     presented by specific foreign jurisdictions, financial
     institutions operating outside of the United States, and
     classes of international transactions or types of accounts;
       (6) to ensure that the employment of such measures by the
     Secretary permits appropriate opportunity for comment by
     affected financial institutions;
       (7) to provide guidance to domestic financial institutions
     on particular foreign jurisdictions, financial institutions
     operating outside of the United States, and classes of
     international transactions that are of primary money
     laundering concern to the United States Government;
       (8) to ensure that the forfeiture of any assets in
     connection with the anti-terrorist efforts of the United
     States permits for adequate challenge consistent with
     providing due process rights;
       (9) to clarify the terms of the safe harbor from civil
     liability for filing suspicious activity reports;
       (10) to strengthen the authority of the Secretary to issue
     and administer geographic targeting orders, and to clarify
     that violations of such orders or any other requirement
     imposed under the authority contained in chapter 2 of title I
     of Public Law 91-508 and subchapters II and III of chapter 53
     of title 31, United States Code, may result in criminal and
     civil penalties;
       (11) to ensure that all appropriate elements of the
     financial services industry are subject to appropriate
     requirements to report potential money laundering
     transactions to proper authorities, and that jurisdictional
     disputes do not hinder examination of compliance by financial
     institutions with relevant reporting requirements;
       (12) to strengthen the ability of financial institutions to
     maintain the integrity of their employee population; and
       (13) to strengthen measures to prevent the use of the
     United States financial system for personal gain by corrupt
     foreign officials and to facilitate the repatriation of any
     stolen assets to the citizens of countries to whom such
     assets belong.

     SEC. 303. 4-YEAR CONGRESSIONAL REVIEW; EXPEDITED
                   CONSIDERATION.

       (a) In General.--Effective on and after the first day of
     fiscal year 2005, the provisions of this title and the
     amendments made by this title shall terminate if the Congress
     enacts a joint resolution, the text after the resolving
     clause of which is as follows: ``That provisions of the
     International Money Laundering Abatement and Anti-Terrorist
     Financing Act of 2001, and the amendments made thereby, shall
     no longer have the force of law.''.
       (b) Expedited Consideration.--Any joint resolution
     submitted pursuant to this section should be considered by
     the Congress expeditiously. In particular, it shall be
     considered in the Senate in accordance with the provisions of
     section 601(b) of the International Security Assistance and
     Arms Control Act of 1976.

Subtitle A--International Counter Money Laundering and Related Measures

     SEC. 311. 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:

     ``Sec. 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 of the Treasury 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 rule promulgated 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 of the Treasury--
       ``(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 Secretary of State,
     the Securities and Exchange Commission, the Commodity Futures
     Trading 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;
       ``(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; and
       ``(iv) the effect of the action on United States national
     security and foreign policy.
       ``(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 of the Treasury 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, or transaction or type of account
     to be of primary money laundering concern.

[[Page H7168]]

       ``(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 of the Treasury 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 of the Treasury 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 and subsections
     (i) and (j) of section 5318, 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.
       ``(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 of beneficial ownership.--The
     Secretary shall promulgate regulations defining beneficial
     ownership of an account for purposes of this section and
     subsections (i) and (j) of section 5318. Such regulations
     shall address issues related to an individual's authority to
     fund, direct, or manage the account (including, without
     limitation, 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), (2), and (3), and
     define other terms for the purposes of this section, as the
     Secretary deems appropriate.''.
       (b) 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. 312. SPECIAL DUE DILIGENCE FOR CORRESPONDENT ACCOUNTS
                   AND PRIVATE BANKING ACCOUNTS.

       (a) In General.--Section 5318 of title 31, United States
     Code, is amended by adding at the end the following:
       ``(i) Due Diligence for United States Private Banking and
     Correspondent Bank Accounts Involving Foreign Persons.--

[[Page H7169]]

       ``(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 that are reasonably
     designed to detect and report instances of money laundering
     through those accounts.
       ``(2) Additional standards for certain 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 United States representative to
     the group or organization concurs; or
       ``(II) by the Secretary of the Treasury 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) 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 subsection (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 subsection (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 that is
     reasonably designed to detect and report transactions that
     may involve the proceeds of foreign corruption.
       ``(4) Definition.--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 banking account.--The term `private banking
     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.''.
       (b) Regulatory Authority and Effective Date.--
       (1) Regulatory authority.--Not later than 180 days after
     the date of enactment of this Act, the Secretary, in
     consultation with the appropriate Federal functional
     regulators (as defined in section 509 of the Gramm-Leach-
     Bliley Act) of the affected financial institutions, shall
     further delineate, by regulation, the due diligence policies,
     procedures, and controls required under section 5318(i)(1) of
     title 31, United States Code, as added by this section.
       (2) Effective date.--Section 5318(i) of title 31, United
     States Code, as added by this section, shall take effect 270
     days after the date of enactment of this Act, whether or not
     final regulations are issued under paragraph (1), and the
     failure to issue such regulations shall in no way affect the
     enforceability of this section or the amendments made by this
     section. Section 5318(i) of title 31, United States Code, as
     added by this section, shall apply with respect to accounts
     covered by that section 5318(i), that are opened before, on,
     or after the date of enactment of this Act.

     SEC. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS
                   WITH FOREIGN SHELL BANKS.

       (a) In General.--Section 5318 of title 31, United States
     Code, as amended by this title, is amended by adding at the
     end the following:
       ``(j) Prohibition on United States Correspondent Accounts
     With Foreign Shell Banks.--
       ``(1) In general.--A financial institution described in
     subparagraphs (A) through (G) of section 5312(a)(2) (in this
     subsection referred to as a `covered financial 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 covered financial institution shall take reasonable
     steps to ensure that any correspondent account established,
     maintained, administered, or managed by that covered
     financial 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. The Secretary of the
     Treasury shall, by regulation, delineate the reasonable steps
     necessary to comply with this paragraph.
       ``(3) Exception.--Paragraphs (1) and (2) do not prohibit a
     covered financial 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 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 subsection--
       ``(A) 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; and
       ``(B) 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.''.
       (b) Effective Date.--The amendment made by subsection (a)
     shall take effect at the end of the 60-day period beginning
     on the date of enactment of this Act.

     SEC. 314. COOPERATIVE EFFORTS TO DETER MONEY LAUNDERING.

       (a) Cooperation Among Financial Institutions, Regulatory
     Authorities, and Law Enforcement Authorities.--
       (1) Regulations.--The Secretary shall, within 120 days
     after the date of enactment of this Act, adopt regulations to
     encourage further cooperation among financial institutions,
     their regulatory authorities, and law enforcement
     authorities, with the specific purpose of encouraging
     regulatory authorities and law enforcement authorities to
     share with financial institutions information regarding
     individuals, entities, and organizations engaged in or
     reasonably suspected based on credible evidence of engaging
     in terrorist acts or money laundering activities.
       (2) Cooperation and information sharing procedures.--The
     regulations adopted under paragraph (1) may include or create
     procedures for cooperation and information sharing focusing
     on--
       (A) matters specifically related to the finances of
     terrorist groups, the means by which terrorist groups
     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.
       (3) Contents.--The regulations adopted pursuant to
     paragraph (1) may--
       (A) require that each financial institution designate 1 or
     more persons to receive information concerning, and to
     monitor accounts of individuals, entities, and organizations
     identified, pursuant to paragraph (1); and
       (B) further establish procedures for the protection of the
     shared information, consistent with the capacity, size, and
     nature of the institution to which the particular procedures
     apply.
       (4) Rule of construction.--The receipt of information by a
     financial institution pursuant to this section shall not
     relieve or otherwise modify the obligations of the financial

[[Page H7170]]

     institution with respect to any other person or account.
       (5) Use of information.--Information received by a
     financial institution pursuant to this section shall not be
     used for any purpose other than identifying and reporting on
     activities that may involve terrorist acts or money
     laundering activities.
       (b) Cooperation Among Financial Institutions.--Upon notice
     provided to the Secretary, 2 or more financial institutions
     and any association of financial institutions may share
     information with one another regarding individuals, entities,
     organizations, and countries suspected of possible terrorist
     or money laundering activities. A financial institution or
     association that transmits, receives, or shares such
     information for the purposes of identifying and reporting
     activities that may involve terrorist acts or money
     laundering activities 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
     thereof, 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 the person who is the subject of such
     disclosure, or any other person identified in the disclosure,
     except where such transmission, receipt, or sharing violates
     this section or regulations promulgated pursuant to this
     section.
       (c) Rule of Construction.--Compliance with the provisions
     of this title requiring or allowing financial institutions
     and any association of financial institutions to disclose or
     share information regarding individuals, entities, and
     organizations engaged in or suspected of engaging in
     terrorist acts or money laundering activities shall not
     constitute a violation of the provisions of title V of the
     Gramm-Leach-Bliley Act (Public Law 106-102).
       (d) Reports to the Financial Services Industry on
     Suspicious Financial Activities.--At least semiannually, the
     Secretary 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. 315. INCLUSION OF FOREIGN CORRUPTION OFFENSES AS MONEY
                   LAUNDERING CRIMES.

       Section 1956(c)(7) of title 18, United States Code, is
     amended--
       (1) in subparagraph (B)--
       (A) in clause (ii), by striking ``or destruction of
     property by means of explosive or fire'' and inserting
     ``destruction of property by means of explosive or fire, or a
     crime of violence (as defined in section 16)'';
       (B) in clause (iii), by striking ``1978'' and inserting
     ``1978)''; and
       (C) by adding at the end the following:
       ``(iv) bribery of a public official, or the
     misappropriation, theft, or embezzlement of public funds by
     or for the benefit of a public official;
       ``(v) smuggling or export control violations involving--

       ``(I) an item controlled on the United States Munitions
     List established under section 38 of the Arms Export Control
     Act (22 U.S.C. 2778); or
       ``(II) an item controlled under regulations under the
     Export Administration Regulations (15 C.F.R. Parts 730-774);
     or

       ``(vi) an offense with respect to which the United States
     would be obligated by a multilateral treaty, either to
     extradite the alleged offender or to submit the case for
     prosecution, if the offender were found within the territory
     of the United States;''; 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''; and
       (D) by inserting ``any felony violation of the Foreign
     Agents Registration Act of 1938,'' before ``or any felony
     violation of the Foreign Corrupt Practices Act''.

     SEC. 316. ANTI-TERRORIST FORFEITURE PROTECTION.

       (a) Right to Contest.--An owner of property that is
     confiscated under any provision of law relating to the
     confiscation of assets of suspected international terrorists,
     may contest that confiscation by filing a claim in the manner
     set forth in the Federal Rules of Civil Procedure
     (Supplemental Rules for Certain Admiralty and Maritime
     Claims), and asserting as an affirmative defense that--
       (1) the property is not subject to confiscation under such
     provision of law; or
       (2) the innocent owner provisions of section 983(d) of
     title 18, United States Code, apply to the case.
       (b) Evidence.--In considering a claim filed under this
     section, a court may admit evidence that is otherwise
     inadmissible under the Federal Rules of Evidence, if the
     court determines that the evidence is reliable, and that
     compliance with the Federal Rules of Evidence may jeopardize
     the national security interests of the United States.
       (c) Clarifications.--
       (1) Protection of rights.--The exclusion of certain
     provisions of Federal law from the definition of the term
     ``civil forfeiture statute'' in section 983(i) of title 18,
     United States Code, shall not be construed to deny an owner
     of property the right to contest the confiscation of assets
     of suspected international terrorists under--
       (A) subsection (a) of this section;
       (B) the Constitution; or
       (C) subchapter II of chapter 5 of title 5, United States
     Code (commonly known as the ``Administrative Procedure
     Act'').
       (2) Savings clause.--Nothing in this section shall limit or
     otherwise affect any other remedies that may be available to
     an owner of property under section 983 of title 18, United
     States Code, or any other provision of law.
       (d) Technical Correction.--Section 983(i)(2)(D) of title
     18, United States Code, is amended by inserting ``or the
     International Emergency Economic Powers Act (IEEPA) (50
     U.S.C. 1701 et seq.)'' before the semicolon.

     SEC. 317. LONG-ARM JURISDICTION OVER FOREIGN MONEY
                   LAUNDERERS.

       Section 1956(b) of title 18, United States Code, is
     amended--
       (1) by redesignating paragraphs (1) and (2) as
     subparagraphs (A) and (B), respectively, and moving the
     margins 2 ems to the right;
       (2) by inserting after ``(b)'' the following:
     ``Penalties.--
       ``(1) In general.--'';
       (3) by inserting ``, or section 1957'' after ``or (a)(3)'';
     and
       (4) by adding at the end the following:
       ``(2) Jurisdiction over foreign persons.--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 service of process
     upon the foreign person is made under the Federal Rules of
     Civil Procedure or the laws of the country in which the
     foreign person is found, and--
       ``(A) the foreign person commits an offense under
     subsection (a) involving a financial transaction that occurs
     in whole or in part in the United States;
       ``(B) the foreign person converts, to his or her 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
       ``(C) the foreign person is a financial institution that
     maintains a bank account at a financial institution in the
     United States.
       ``(3) Court authority over assets.--A court described in
     paragraph (2) 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.
       ``(4) Federal receiver.--
       ``(A) In general.--A court described in paragraph (2) may
     appoint a Federal Receiver, in accordance with subparagraph
     (B) of this paragraph, to collect, marshal, and take custody,
     control, and possession of all assets of the defendant,
     wherever located, to satisfy a civil judgment under this
     subsection, a forfeiture judgment under section 981 or 982,
     or a criminal sentence under section 1957 or subsection (a)
     of this section, including an order of restitution to any
     victim of a specified unlawful activity.
       ``(B) Appointment and authority.--A Federal Receiver
     described in subparagraph (A)--
       ``(i) may be appointed upon application of a Federal
     prosecutor or a Federal or State regulator, by the court
     having jurisdiction over the defendant in the case;
       ``(ii) shall be an officer of the court, and the powers of
     the Federal Receiver shall include the powers set out in
     section 754 of title 28, United States Code; and
       ``(iii) shall have standing equivalent to that of a Federal
     prosecutor for the purpose of submitting requests to obtain
     information regarding the assets of the defendant--

       ``(I) from the Financial Crimes Enforcement Network of the
     Department of the Treasury; or
       ``(II) from a foreign country pursuant to a mutual legal
     assistance treaty, multilateral agreement, or other
     arrangement for international law enforcement assistance,
     provided that such requests are in accordance with the
     policies and procedures of the Attorney General.''.

     SEC. 318. LAUNDERING MONEY THROUGH A FOREIGN BANK.

       Section 1956(c) of title 18, United States Code, is amended
     by striking paragraph (6) and inserting the following:
       ``(6) the term `financial institution' includes--
       ``(A) any financial institution, as defined in section
     5312(a)(2) of title 31, United States Code, or the
     regulations promulgated thereunder; and
       ``(B) any foreign bank, as defined in section 1 of the
     International Banking Act of 1978 (12 U.S.C. 3101).''.

     SEC. 319. FORFEITURE OF FUNDS IN UNITED STATES INTERBANK
                   ACCOUNTS.

       (a) Forfeiture From United States Interbank Account.--
     Section 981 of title 18, United States Code, is amended by
     adding at the end the following:
       ``(k) Interbank Accounts.--
       ``(1) In general.--
       ``(A) In general.--For the purpose of a forfeiture under
     this section or under the Controlled Substances Act (21
     U.S.C. 801 et seq.),

[[Page H7171]]

     if funds are deposited into an account at a foreign bank, and
     that foreign bank has an interbank account in the United
     States with a covered financial institution (as defined in
     section 5318(j)(1) of title 31), the funds shall be deemed to
     have been deposited into the interbank account in the United
     States, and any restraining order, seizure warrant, or arrest
     warrant in rem regarding the funds may be served on the
     covered financial institution, and funds in the interbank
     account, up to the value of the funds deposited into the
     account at the foreign bank, may be restrained, seized, or
     arrested.
       ``(B) Authority to suspend.--The Attorney General, in
     consultation with the Secretary of the Treasury, 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), it shall
     not be necessary for the Government to establish that the
     funds are directly traceable to the funds that were deposited
     into the foreign bank, nor shall it be necessary for the
     Government to rely on the application of section 984.
       ``(3) Claims brought by owner of the funds.--If a
     forfeiture action is instituted against funds restrained,
     seized, or arrested under paragraph (1), the owner of the
     funds deposited into the account at the foreign bank may
     contest the forfeiture by filing a claim under section 983.
       ``(4) Definitions.--For purposes of this subsection, the
     following definitions shall apply:
       ``(A) Interbank account.--The term `interbank account' has
     the same meaning as 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.''.

       (b) Bank Records.--Section 5318 of title 31, United States
     Code, as amended by this title, is amended by adding at the
     end the following:
       ``(k) Bank Records Related to Anti-Money Laundering
     Programs.--
       ``(1) Definitions.--For purposes of this subsection, the
     following definitions shall apply:
       ``(A) Appropriate federal banking agency.--The term
     `appropriate Federal banking agency' has the same meaning as
     in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
     1813).
       ``(B) Incorporated term.--The term `correspondent account'
     has the same meaning as in section 5318A(f)(1)(B).
       ``(2) 120-hour rule.--Not later than 120 hours after
     receiving a request by an appropriate Federal banking agency
     for information related to anti-money laundering compliance
     by a covered financial institution or a customer of such
     institution, a covered financial institution shall provide to
     the appropriate Federal banking agency, or make available at
     a location specified by the representative of the appropriate
     Federal banking agency, information and account documentation
     for any account opened, maintained, administered or managed
     in the United States by the covered financial institution.
       ``(3) Foreign bank records.--
       ``(A) Summons or subpoena of records.--
       ``(i) In general.--The Secretary of the Treasury or the
     Attorney General may issue a summons or subpoena to any
     foreign bank that maintains a correspondent account in the
     United States and request records related to such
     correspondent account, including records maintained outside
     of the United States relating to the deposit of funds into
     the foreign bank.
       ``(ii) Service of summons or subpoena.--A summons or
     subpoena referred to in clause (i) may be served on the
     foreign bank in the United States if the foreign bank has a
     representative 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.
       ``(B) Acceptance of service.--
       ``(i) Maintaining records in the united states.--Any
     covered financial institution which maintains a correspondent
     account in the United States for a foreign bank shall
     maintain records in the United States identifying the owners
     of such foreign bank and the name and address of a person who
     resides in the United States and is authorized to accept
     service of legal process for records regarding the
     correspondent account.
       ``(ii) Law enforcement request.--Upon receipt of a written
     request from a Federal law enforcement officer for
     information required to be maintained under this paragraph,
     the covered financial institution shall provide the
     information to the requesting officer not later than 7 days
     after receipt of the request.
       ``(C) Termination of correspondent relationship.--
       ``(i) Termination upon receipt of notice.--A covered
     financial institution shall terminate any correspondent
     relationship with a foreign bank not later than 10 business
     days after receipt of written notice from the Secretary or
     the Attorney General (in each case, after consultation with
     the other) that the foreign bank has failed--

       ``(I) to comply with a summons or subpoena issued under
     subparagraph (A); or
       ``(II) to initiate proceedings in a United States court
     contesting such summons or subpoena.

       ``(ii) Limitation on liability.--A covered financial
     institution shall not be liable to any person in any court or
     arbitration proceeding for terminating a correspondent
     relationship in accordance with this subsection.
       ``(iii) Failure to terminate relationship.--Failure to
     terminate a correspondent relationship in accordance with
     this subsection shall render the covered financial
     institution liable for a civil penalty of up to $10,000 per
     day until the correspondent relationship is so terminated.''.
       (c) Grace Period.--Financial institutions shall have 60
     days from the date of enactment of this Act to comply with
     the provisions of section 5318(k) of title 31, United States
     Code, as added by this section.
       (d) Authority To Order Convicted Criminal To Return
     Property Located Abroad.--
       (1) 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.''.
       (2) 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, 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. 320. 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 an offense, if the offense--
       ``(i) involves the manufacture, importation, sale, or
     distribution of a controlled substance (as that term is
     defined for purposes of the Controlled Substances Act), or
     any other conduct described in section 1956(c)(7)(B);
       ``(ii) would be punishable within the jurisdiction of the
     foreign nation by death or imprisonment for a term exceeding
     1 year; and
       ``(iii) would be punishable under the laws of the United
     States by imprisonment for a term exceeding 1 year, if the
     act or activity

[[Page H7172]]

     constituting the offense had occurred within the jurisdiction
     of the United States.''.

     SEC. 321. FINANCIAL INSTITUTIONS SPECIFIED IN SUBCHAPTER II
                   OF CHAPTER 53 OF TITLE 31, UNITED STATES CODE.

       (a) Credit Unions.--Subparagraph (E) of section 5312(2) of
     title 31, United States Code, is amended to read as follows:
       ``(E) any credit union;''.
       (b) 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.''.
       (c) 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.

     SEC. 322. CORPORATION REPRESENTED BY A FUGITIVE.

       Section 2466 of title 18, 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. 323. ENFORCEMENT OF FOREIGN JUDGMENTS.

       Section 2467 of title 28, United States Code, is amended--
       (1) in subsection (d), by adding the following after
     paragraph (2):
       ``(3) Preservation of property.--
       ``(A) In general.--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, at
     any time before or after an application is filed pursuant to
     subsection (c)(1) of this section.
       ``(B) Evidence.--The court, in issuing a restraining order
     under subparagraph (A)--
       ``(i) 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
       ``(ii) 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).
       ``(C) Limit on grounds for objection.--No person may object
     to a restraining order under subparagraph (A) 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 or 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. 324. REPORT AND RECOMMENDATION.

       Not later than 30 months after the date of enactment of
     this Act, the Secretary, in consultation with the Attorney
     General, the Federal banking agencies (as defined at section
     3 of the Federal Deposit Insurance Act), the National Credit
     Union Administration Board, the Securities and Exchange
     Commission, and such other agencies as the Secretary may
     determine, at the discretion of the Secretary, shall evaluate
     the operations of the provisions of this subtitle and make
     recommendations to Congress as to any legislative action with
     respect to this subtitle as the Secretary may determine to be
     necessary or advisable.

     SEC. 325. CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS.

       Section 5318(h) of title 31, United States Code, as amended
     by section 202 of this title, 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. 326. VERIFICATION OF IDENTIFICATION.

       (a) In General.--Section 5318 of title 31, United States
     Code, as amended by this title, is amended by adding at the
     end the following:
       ``(l) 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 for financial
     institutions and their customers regarding the identity of
     the customer 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, and
     customers (after being given adequate notice) to comply with,
     reasonable 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; and
       ``(C) consulting lists of known or suspected terrorists or
     terrorist organizations provided to the financial institution
     by any government agency 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 (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 enactment of the
     International Money Laundering Abatement and Financial Anti-
     Terrorism Act of 2001.''.
       (b) Study and Report Required.--Within 6 months after the
     date of enactment of this Act, the Secretary, 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 the identity, address, and other
     related information about such foreign nationals 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. 327. 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

[[Page H7173]]

     combatting 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, 2001, which has not been approved by the Board
     before the date of 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 combatting 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, 2001, which has not
     been approved by all appropriate responsible agencies before
     the date of enactment of this Act.

     SEC. 328. INTERNATIONAL COOPERATION ON IDENTIFICATION OF
                   ORIGINATORS OF WIRE TRANSFERS.

       The Secretary 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. 329. CRIMINAL PENALTIES.

       Any person who is an official or employee of any
     department, agency, bureau, office, commission, or other
     entity of the Federal Government, and any other person who is
     acting for or on behalf of any such entity, who, directly or
     indirectly, in connection with the administration of this
     title, corruptly demands, seeks, receives, accepts, or agrees
     to receive or accept anything of value personally or for any
     other person or entity in return for--
       (1) being influenced in the performance of any official
     act;
       (2) being influenced to commit or aid in the committing, or
     to collude in, or allow, any fraud, or make opportunity for
     the commission of any fraud, on the United States; or
       (3) being induced to do or omit to do any act in violation
     of the official duty of such official or person,

     shall be fined in an amount not more than 3 times the
     monetary equivalent of the thing of value, or imprisoned for
     not more than 15 years, or both. A violation of this section
     shall be subject to chapter 227 of title 18, United States
     Code, and the provisions of the United States Sentencing
     Guidelines.

     SEC. 330. INTERNATIONAL COOPERATION IN INVESTIGATIONS OF
                   MONEY LAUNDERING, FINANCIAL CRIMES, AND THE
                   FINANCES OF TERRORIST GROUPS.

       (a) Negotiations.--It is the sense of the Congress that the
     President should direct the Secretary of State, the Attorney
     General, or the Secretary of the Treasury, as appropriate,
     and in consultation with the Board of Governors of the
     Federal Reserve System, to seek to 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.
       (b) Purposes of Negotiations.--It is the sense of the
     Congress that, in carrying out any negotiations described in
     paragraph (1), the President should direct the Secretary of
     State, the Attorney General, or the Secretary of the
     Treasury, as appropriate, to seek to enter into and further
     cooperative efforts, voluntary information exchanges, the use
     of letters rogatory, mutual legal assistance treaties, and
     international agreements to--
       (1) ensure that foreign banks and other financial
     institutions maintain adequate records of 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
       (2) establish a mechanism whereby such records may be made
     available to United States law enforcement officials and
     domestic financial institution supervisors, when appropriate.

    Subtitle B--Bank Secrecy Act Amendments and Related Improvements

     SEC. 351. 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 the person
     who is the subject of such disclosure or any other person
     identified in the disclosure.
       ``(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 as 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.--
       ``(i) Rule of construction.--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 information that
     was included in a report to which subparagraph (A) applies--

       ``(I) in a written employment reference that is provided in
     accordance with section 18(w) of the Federal Deposit
     Insurance Act in response to a request from another financial
     institution; or
       ``(II) in a written termination notice or employment
     reference that is provided in accordance with the rules of a
     self-regulatory organization registered with the Securities
     and Exchange Commission or the Commodity Futures Trading
     Commission,

     except that such written reference or notice may not disclose
     that such information was also included in any such report,
     or that such report was made.
       ``(ii) Information not required.--Clause (i) shall not be
     construed, by itself, to create any affirmative duty to
     include any information described in clause (i) in any
     employment reference or termination notice referred to in
     clause (i).''.

     SEC. 352. 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 a compliance officer;
       ``(C) an ongoing employee training program; and
       ``(D) an independent audit function to test programs.
       ``(2) Regulations.--The Secretary of the Treasury, after
     consultation with the appropriate Federal functional
     regulator (as defined in section 509 of the Gramm-Leach-
     Bliley Act), may prescribe minimum standards for programs
     established under paragraph (1), and may exempt from the
     application of

[[Page H7174]]

     those standards any financial institution that is not subject
     to the provisions of the rules contained in part 103 of title
     31, of the Code of Federal Regulations, or any successor rule
     thereto, for so long as such financial institution is not
     subject to the provisions of such rules.''.
       (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 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 enactment of this Act, the Secretary shall
     prescribe regulations that consider the extent to which the
     requirements imposed under this section are commensurate with
     the size, location, and activities of the financial
     institutions to which such regulations apply.

     SEC. 353. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC TARGETING
                   ORDERS AND CERTAIN RECORDKEEPING REQUIREMENTS,
                   AND LENGTHENING EFFECTIVE PERIOD OF GEOGRAPHIC
                   TARGETING ORDERS.

       (a) Civil Penalty for Violation of Targeting Order.--
     Section 5321(a)(1) of title 31, United States Code, is
     amended--
       (1) by inserting ``or order issued'' after ``subchapter or
     a regulation prescribed''; and
       (2) by inserting ``, or willfully violating a regulation
     prescribed under section 21 of the Federal Deposit Insurance
     Act or section 123 of Public Law 91-508,'' after ``sections
     5314 and 5315)''.
       (b) Criminal Penalties for Violation of Targeting Order.--
     Section 5322 of title 31, United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``or order issued'' after ``willfully
     violating this subchapter or a regulation prescribed''; and
       (B) by inserting ``, or willfully violating a regulation
     prescribed under section 21 of the Federal Deposit Insurance
     Act or section 123 of Public Law 91-508,'' after ``under
     section 5315 or 5324)''; and
       (2) in subsection (b)--
       (A) by inserting ``or order issued'' after ``willfully
     violating this subchapter or a regulation prescribed''; and
       (B) by inserting ``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 Recordkeeping 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 or recordkeeping requirements imposed by any order
     issued under section 5326, or the recordkeeping requirements
     imposed by any regulation prescribed under section 21 of the
     Federal Deposit Insurance Act or section 123 of Public Law
     91-508--'';
       (3) in paragraph (1), by inserting ``, to file a report or
     to maintain a record required by an 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''; and
       (4) in paragraph (2), by inserting ``, to file a report or
     to maintain a record required by any order issued under
     section 5326, or to maintain a record required pursuant to
     any regulation prescribed 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''.
       (d) Lengthening Effective Period of Geographic Targeting
     Orders.--Section 5326(d) of title 31, United States Code, is
     amended by striking ``more than 60'' and inserting ``more
     than 180''.

     SEC. 354. ANTI-MONEY LAUNDERING STRATEGY.

       Section 5341(b) of title 31, United States Code, is amended
     by adding at the end the following:
       ``(12) Data regarding funding of terrorism.--Data
     concerning money laundering efforts related to the funding of
     acts of international terrorism, and efforts directed at the
     prevention, detection, and prosecution of such funding.''.

     SEC. 355. 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:
       ``(w) Written Employment References May Contain Suspicions
     of Involvement in Illegal Activity.--
       ``(1) Authority to disclose information.--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.
       ``(2) Information not required.--Nothing in paragraph (1)
     shall be construed, by itself, to create any affirmative duty
     to include any information described in paragraph (1) in any
     employment reference referred to in paragraph (1).
       ``(3) Malicious intent.--Notwithstanding any other
     provision of this subsection, voluntary disclosure made by an
     insured depository institution, and any director, officer,
     employee, or agent of such institution under this subsection
     concerning potentially unlawful activity that is made with
     malicious intent, shall not be shielded from liability from
     the person identified in the disclosure.
       ``(4) Definition.--For purposes of this subsection, the
     term `insured depository institution' includes any uninsured
     branch or agency of a foreign bank.''.

     SEC. 356. REPORTING OF SUSPICIOUS ACTIVITIES BY SECURITIES
                   BROKERS AND DEALERS; INVESTMENT COMPANY STUDY.

       (a) Deadline for Suspicious Activity Reporting Requirements
     for Registered Brokers and Dealers.--The Secretary, after
     consultation with the Securities and Exchange Commission and
     the Board of Governors of the Federal Reserve System, 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 not
     later than July 1, 2002.
       (b) Suspicious Activity Reporting Requirements For Futures
     Commission Merchants, Commodity Trading Advisors, and
     Commodity Pool Operators.--The Secretary, 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.
       (c) Report on Investment Companies.--
       (1) In general.--Not later than 1 year after the date of
     enactment of this Act, the Secretary, the Board of Governors
     of the Federal Reserve System, and the Securities and
     Exchange Commission shall jointly submit a report to the
     Congress on recommendations for effective regulations to
     apply the requirements of subchapter II of chapter 53 of
     title 31, United States Code, to investment companies
     pursuant to section 5312(a)(2)(I) of title 31, United States
     Code.
       (2) Definition.--For purposes of this subsection, the term
     ``investment company''--
       (A) has the same meaning as in section 3 of the Investment
     Company Act of 1940 (15 U.S.C. 80a-3); and
       (B) includes any person that, but for the exceptions
     provided for in paragraph (1) or (7) of section 3(c) of the
     Investment Company Act of 1940 (15 U.S.C. 80a-3(c)), would be
     an investment company.
       (3) Additional recommendations.--The report required by
     paragraph (1) may make different recommendations for
     different types of entities covered by this subsection.
       (4) Beneficial ownership of personal holding companies.--
     The report described in paragraph (1) shall also include
     recommendations as to whether the Secretary should promulgate
     regulations to treat any corporation or business or other
     grantor trust whose assets are predominantly securities, bank
     certificates of deposit, or other securities or investment
     instruments (other than such as relate to operating
     subsidiaries of such corporation or trust) and that has 5 or
     fewer common shareholders or holders of beneficial or other
     equity interest, as a financial institution within the
     meaning of that phrase in section 5312(a)(2)(I) and whether
     to require such corporations or trusts to disclose their
     beneficial owners when opening accounts or initiating funds
     transfers at any domestic financial institution.

     SEC. 357. SPECIAL REPORT ON ADMINISTRATION OF BANK SECRECY
                   PROVISIONS.

       (a) Report Required.--Not later than 6 months after the
     date of enactment of this Act, the Secretary shall submit a
     report to the Congress relating to the role of the Internal
     Revenue Service in the administration of subchapter II of
     chapter 53 of title 31, United States Code (commonly known as
     the ``Bank Secrecy Act'').
       (b) Contents.--The report required by subsection (a)--
       (1) shall specifically address, and contain recommendations
     concerning--
       (A) whether it is advisable to shift the processing of
     information reporting to the Department of the Treasury under
     the Bank Secrecy Act provisions to facilities other than
     those managed by the Internal Revenue Service; and
       (B) whether it remains reasonable and efficient, in light
     of the objective of both anti-money-laundering programs and
     Federal tax administration, for the Internal Revenue Service
     to retain authority and responsibility for audit and
     examination of the compliance of money services businesses
     and gaming institutions with those Bank Secrecy Act
     provisions; and
       (2) shall, if the Secretary determines that the information
     processing responsibility or the audit and examination
     responsibility of the Internal Revenue Service, or both, with
     respect to those Bank Secrecy Act provisions should be
     transferred to other agencies, include the specific
     recommendations of the Secretary regarding the agency or
     agencies to which any such function should be transferred,
     complete with a budgetary and resources plan for
     expeditiously accomplishing the transfer.

[[Page H7175]]

     SEC. 358. BANK SECRECY PROVISIONS AND ACTIVITIES OF UNITED
                   STATES INTELLIGENCE AGENCIES TO FIGHT
                   INTERNATIONAL TERRORISM.

       (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:

     ``Sec. 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, United States intelligence agency or self-regulatory
     organization registered with the Securities and Exchange
     Commission or the Commodity Futures Trading Commission, upon
     request of the head of the agency or organization. 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) Amendment Relating to the Purposes of the Bank Secrecy
     Act Provisions.--Section 21(a) of the Federal Deposit
     Insurance Act (12 U.S.C. 1829b(a)) is amended to read as
     follows:
       ``(a) Congressional Findings and Declaration of Purpose.--
       ``(1) Findings.--Congress finds that--
       ``(A) adequate records maintained by insured depository
     institutions have a high degree of usefulness in criminal,
     tax, and regulatory investigations or proceedings, and that,
     given the threat posed to the security of the Nation on and
     after the terrorist attacks against the United States on
     September 11, 2001, such records may also have a high degree
     of usefulness in the conduct of intelligence or
     counterintelligence activities, including analysis, to
     protect against domestic and international terrorism; and
       ``(B) microfilm or other reproductions and other records
     made by insured depository institutions of checks, as well as
     records kept by such institutions, of the identity of persons
     maintaining or authorized to act with respect to accounts
     therein, have been of particular value in proceedings
     described in subparagraph (A).
       ``(2) Purpose.--It is the purpose of this section to
     require the maintenance of appropriate types of records by
     insured depository institutions in the United States where
     such records have a high degree of usefulness in criminal,
     tax, or regulatory investigations or proceedings, recognizes
     that, given the threat posed to the security of the Nation on
     and after the terrorist attacks against the United States on
     September 11, 2001, such records may also have a high degree
     of usefulness in the conduct of intelligence or
     counterintelligence activities, including analysis, to
     protect against international terrorism.''.
       (e) Amendment Relating to the Purposes of the Bank Secrecy
     Act.--Section 123(a) of Public Law 91-508 (12 U.S.C. 1953(a))
     is amended to read as follows:
       ``(a) Regulations.--If the Secretary determines that the
     maintenance of appropriate records and procedures by any
     uninsured bank or uninsured institution, or any person
     engaging in the business of carrying on in the United States
     any of the functions referred to in subsection (b), has a
     high degree of usefulness in criminal, tax, or regulatory
     investigations or proceedings, and that, given the threat
     posed to the security of the Nation on and after the
     terrorist attacks against the United States on September 11,
     2001, such records may also have a high degree of usefulness
     in the conduct of intelligence or counterintelligence
     activities, including analysis, to protect against
     international terrorism, he may by regulation require such
     bank, institution, or person.''.
       (f) 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.
       (g) 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:

     ``Sec. 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 a supervisory official
     designated by the head of a Federal agency or an officer of a
     Federal agency whose appointment to office is 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 title, 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.''.

       (h) Application of Amendments.--The amendments made by this
     section shall apply with respect to reports filed or records
     maintained on, before, or after the date of enactment of this
     Act.

     SEC. 359. REPORTING OF SUSPICIOUS ACTIVITIES BY UNDERGROUND
                   BANKING SYSTEMS.

       (a) Definition for Subchapter.--Section 5312(a)(2)(R) 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
     any person who engages as a business in an informal money
     transfer system or any network of people who engage as a
     business in facilitating the transfer of money 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
     any person who engages as a business in an informal money
     transfer system or any network of people who engage as a
     business in facilitating the transfer of money 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 promulgated
     pursuant to the authority contained in section 21 of the
     Federal Deposit Insurance Act (12 U.S.C. 1829b) 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 any person who engages as a
     business in an informal money transfer system or any network
     of people who engage as a business in facilitating the
     transfer of money 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 persons who engage as a business in an informal
     money transfer system or any network of people who engage as
     a business in facilitating the transfer of money domestically
     or internationally outside of the conventional financial
     institutions system, counter money laundering and

[[Page H7176]]

     regulatory controls relating to underground money movement
     and banking systems, 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.

     SEC. 360. USE OF AUTHORITY OF UNITED STATES EXECUTIVE
                   DIRECTORS.

       (a) Action by the President.--If the President determines
     that a particular foreign country has taken or has committed
     to take actions that contribute to efforts of the United
     States to respond to, deter, or prevent acts of international
     terrorism, the Secretary may, consistent with other
     applicable provisions of law, instruct the United States
     Executive Director of each international financial
     institution to use the voice and vote of the Executive
     Director to support any loan or other utilization of the
     funds of respective institutions for such country, or any
     public or private entity within such country.
       (b) Use of Voice and Vote.--The Secretary may instruct the
     United States Executive Director of each international
     financial institution to aggressively use the voice and vote
     of the Executive Director to require an auditing of
     disbursements at such institutions to ensure that no funds
     are paid to persons who commit, threaten to commit, or
     support terrorism.
       (c) Definition.--For purposes of this section, the term
     ``international financial institution'' means an institution
     described in section 1701(c)(2) of the International
     Financial Institutions Act (22 U.S.C. 262r(c)(2)).

     SEC. 361. 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:

     ``Sec. 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, in this section referred to
     as `FinCEN') on April 25, 1990, shall be a bureau in the
     Department of the Treasury.
       ``(b) Director.--
       ``(1) Appointment.--The head of FinCEN shall be the
     Director, who shall be appointed by the Secretary of the
     Treasury.
       ``(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 of the
     Treasury 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 subchapter
     II 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 title I of Public Law 91-508, and section 21 of
     the Federal Deposit Insurance Act.
       ``(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 of the Treasury 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
     subchapter II of chapter 53 of this title, chapter 2 of title
     I 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;
       ``(v) determine emerging trends and methods in money
     laundering and other financial crimes;
       ``(vi) support the conduct of intelligence or
     counterintelligence activities, including analysis, to
     protect against international terrorism; and
       ``(vii) support government initiatives against money
     laundering.
       ``(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) Assist Federal, State, local, and foreign law
     enforcement and regulatory authorities in 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 subchapter II of
     chapter 53 of this title, chapter 2 of title I 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 FinCEN 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 FinCEN such sums as may be
     necessary for fiscal years 2002, 2003, 2004, and 2005.''.
       (b) Compliance With Reporting Requirements.--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 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. 362. ESTABLISHMENT OF HIGHLY SECURE NETWORK.

       (a) In General.--The Secretary 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 secure 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 shall take such
     action as may be necessary to ensure that the secure network
     required under subsection (a) is fully operational before the
     end of the 9-month period beginning on the date of enactment
     of this Act.

     SEC. 363. INCREASE IN CIVIL AND CRIMINAL PENALTIES FOR MONEY
                   LAUNDERING.

       (a) Civil Penalties.--Section 5321(a) of title 31, United
     States Code, is amended by adding at the end the following:
       ``(7) Penalties for international counter money laundering
     violations.--The Secretary may impose a civil money penalty
     in an amount equal to not less than 2 times the amount of the
     transaction, but not more than $1,000,000, on any financial
     institution or agency that violates any provision of
     subsection (i) or (j) of section 5318 or

[[Page H7177]]

     any special measures imposed under section 5318A.''.
       (b) Criminal Penalties.--Section 5322 of title 31, United
     States Code, is amended by adding at the end the following:
       ``(d) A financial institution or agency that violates any
     provision of subsection (i) or (j) of section 5318, or any
     special measures imposed under section 5318A, or any
     regulation prescribed under subsection (i) or (j) of section
     5318 or section 5318A, shall be fined in an amount equal to
     not less than 2 times the amount of the transaction, but not
     more than $1,000,000.''.

     SEC. 364. UNIFORM PROTECTION AUTHORITY FOR FEDERAL RESERVE
                   FACILITIES.

       Section 11 of the Federal Reserve Act (12 U.S.C. 248) is
     amended by adding at the end the following:
       ``(q) Uniform Protection Authority for Federal Reserve
     Facilities.--
       ``(1) Notwithstanding any other provision of law, to
     authorize personnel to act as law enforcement officers to
     protect and safeguard the premises, grounds, property,
     personnel, including members of the Board, of the Board, or
     any Federal reserve bank, and operations conducted by or on
     behalf of the Board or a reserve bank.
       ``(2) The Board may, subject to the regulations prescribed
     under paragraph (5), delegate authority to a Federal reserve
     bank to authorize personnel to act as law enforcement
     officers to protect and safeguard the bank's premises,
     grounds, property, personnel, and operations conducted by or
     on behalf of the bank.
       ``(3) Law enforcement officers designated or authorized by
     the Board or a reserve bank under paragraph (1) or (2) are
     authorized while on duty to carry firearms and make arrests
     without warrants for any offense against the United States
     committed in their presence, or for any felony cognizable
     under the laws of the United States committed or being
     committed within the buildings and grounds of the Board or a
     reserve bank if they have reasonable grounds to believe that
     the person to be arrested has committed or is committing such
     a felony. Such officers shall have access to law enforcement
     information that may be necessary for the protection of the
     property or personnel of the Board or a reserve bank.
       ``(4) For purposes of this subsection, the term `law
     enforcement officers' means personnel who have successfully
     completed law enforcement training and are authorized to
     carry firearms and make arrests pursuant to this subsection.
       ``(5) The law enforcement authorities provided for in this
     subsection may be exercised only pursuant to regulations
     prescribed by the Board and approved by the Attorney
     General.''.

     SEC. 365. REPORTS RELATING TO COINS AND CURRENCY RECEIVED IN
                   NONFINANCIAL TRADE OR BUSINESS.

       (a) Reports Required.--Subchapter II of chapter 53 of title
     31, United States Code, is amended by adding at the end the
     following new section:

     ``Sec. 5331. Reports relating to coins and currency received
       in nonfinancial trade or business

       ``(a) Coin and Currency Receipts of More Than $10,000.--Any
     person--
       ``(1) who is engaged in a trade or business; and
       ``(2) who, in the course of such trade or business,
     receives more than $10,000 in coins or currency in 1
     transaction (or 2 or more related transactions),

     shall file a report described in subsection (b) with respect
     to such transaction (or related transactions) with the
     Financial Crimes Enforcement Network at such time and in such
     manner as the Secretary may, by regulation, prescribe.
       ``(b) Form and Manner of Reports.--A report is described in
     this subsection if such report--
       ``(1) is in such form as the Secretary may prescribe;
       ``(2) contains--
       ``(A) the name and address, and such other identification
     information as the Secretary may require, of the person from
     whom the coins or currency was received;
       ``(B) the amount of coins or currency received;
       ``(C) the date and nature of the transaction; and
       ``(D) such other information, including the identification
     of the person filing the report, as the Secretary may
     prescribe.
       ``(c) Exceptions.--
       ``(1) Amounts received by financial institutions.--
     Subsection (a) shall not apply to amounts received in a
     transaction reported under section 5313 and regulations
     prescribed under such section.
       ``(2) Transactions occurring outside the united states.--
     Except to the extent provided in regulations prescribed by
     the Secretary, subsection (a) shall not apply to any
     transaction if the entire transaction occurs outside the
     United States.
       ``(d) Currency Includes Foreign Currency and Certain
     Monetary Instruments.--
       ``(1) In general.--For purposes of this section, the term
     `currency' includes--
       ``(A) foreign currency; and
       ``(B) to the extent provided in regulations prescribed by
     the Secretary, any monetary instrument (whether or not in
     bearer form) with a face amount of not more than $10,000.
       ``(2) Scope of application.--Paragraph (1)(B) shall not
     apply to any check drawn on the account of the writer in a
     financial institution referred to in subparagraph (A), (B),
     (C), (D), (E), (F), (G), (J), (K), (R), or (S) of section
     5312(a)(2).''.
       (b) Prohibition on Structuring Transactions.--
       (1) In general.--Section 5324 of title 31, United States
     Code, is amended--
       (A) by redesignating subsections (b) and (c) as subsections
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following new
     subsection:
       ``(b) Domestic Coin and Currency Transactions Involving
     Nonfinancial Trades or Businesses.--No person shall, for the
     purpose of evading the report requirements of section 5333 or
     any regulation prescribed under such section--
       ``(1) cause or attempt to cause a nonfinancial trade or
     business to fail to file a report required under section 5333
     or any regulation prescribed under such section;
       ``(2) cause or attempt to cause a nonfinancial trade or
     business to file a report required under section 5333 or any
     regulation prescribed under such section that contains a
     material omission or misstatement of fact; or
       ``(3) structure or assist in structuring, or attempt to
     structure or assist in structuring, any transaction with 1 or
     more nonfinancial trades or businesses.'.
       (2) Technical and conforming amendments.--
       (A) The heading for subsection (a) of section 5324 of title
     31, United States Code, is amended by inserting ``Involving
     Financial Institutions'' after ``Transactions'.
       (B) Section 5317(c) of title 31, United States Code, is
     amended by striking ``5324(b)'' and inserting ``5324(c)''.
       (c) Definition of Nonfinancial Trade or Business.--
       (1) In general.--Section 5312(a) of title 31, United States
     Code, is amended--
       (A) by redesignating paragraphs (4) and (5) as paragraphs
     (5) and (6), respectively; and
       (B) by inserting after paragraph (3) the following new
     paragraph:
       ``(4) Nonfinancial trade or business.--The term
     `nonfinancial trade or business' means any trade or business
     other than a financial institution that is subject to the
     reporting requirements of section 5313 and regulations
     prescribed under such section.''.
       (2) Technical and conforming amendments.--
       (A) Section 5312(a)(3)(C) of title 31, United States Code,
     is amended by striking ``section 5316,'' and inserting
     ``sections 5333 and 5316,''.
       (B) Subsections (a) through (f) of section 5318 of title
     31, United States Code, and sections 5321, 5326, and 5328 of
     such title are each amended--
       (i) by inserting ``or nonfinancial trade or business''
     after ``financial institution'' each place such term appears;
     and
       (ii) by inserting ``or nonfinancial trades or businesses''
     after ``financial institutions'' each place such term
     appears.
       (c) Clerical Amendment.--The table of sections for chapter
     53 of title 31, United States Code, is amended by inserting
     after the item relating to section 5332 (as added by section
     112 of this title) the following new item:

``5331. Reports relating to coins and currency received in nonfinancial
              trade or business.''.

       (f) Regulations.--Regulations which the Secretary
     determines are necessary to implement this section shall be
     published in final form before the end of the 6-month period
     beginning on the date of enactment of this Act.

     SEC. 366. 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 shall conduct a study
     of--
       (A) the possible expansion of the statutory exemption
     system in effect under section 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

[[Page H7178]]

     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 1-year
     period beginning on the date of 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.

               Subtitle C--Currency Crimes and Protection

     SEC. 371. 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; and
       (3) to emphasize the seriousness of the act of bulk cash
     smuggling.
       (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:

     ``Sec. 5332. 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.''.
       (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
     5331, as added by this Act, the following new item: