(5) in subsection (c)(12), by striking ‘‘had pre-
viously’’ each place that term appears and inserting 
‘‘has previously’’; and 
(6) by adding after subsection (c)(16) the fol-
lowing: 
‘‘(17) OBSTRUCTION OF JUSTICE.—The defend-
ant in commission of the offense, or in an attempt 
to avoid apprehension, or conviction for the offense, 
engaged in conduct, which resulted in harm or a 
threat of harm to another person, intending to ob-
struct the investigation or prosecution of any of-
fense.’’. 
SEC. 125. AMENDMENTS RELATING TO SECTION 3594 OF 
TITLE 18. 
Section 3594 of title 18, United States Code, is 
amended— 
(1) in the first sentence— 
(A) by striking ‘‘3593(e)’’ and inserting 
‘‘3593(f)’’; and 
(B) by striking ‘‘or life imprisonment with-
out the possibility of release’’; and 
(2) in the second sentence— 
(A) by inserting ‘‘life imprisonment with-
out the possibility of release, or’’ after ‘‘shall 
impose’’; and 
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(B) by inserting ‘‘as limited by section 
3593(f)’’ before the period. 
SEC. 126. AMENDMENTS RELATING TO SECTIONS 3596 AND 
3597 OF TITLE 18. 
(a) IMPLEMENTATION OF DEATH SENTENCE.—Sec-
tion 3596 of title 18, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘When the 
sentence is to be implemented’’ and all that follows 
through ‘‘such law’’ and inserting the following: ‘‘A 
sentence of death for any offense against the United 
States shall be implemented pursuant to regulations 
promulgated by the Attorney General’’; and 
(2) in subsection (c)— 
(A) by striking the first sentence; and 
(B) by adding at the end the following: 
‘‘The Government shall not be limited in its op-
portunities to seek rehearing, based on changed 
circumstances, of a finding of mental incapacity 
under this subsection.’’. 
(b) USE OF FACILITIES.— 
(1) IN
GENERAL.—Section 3597 of title 18, 
United States Code is amended— 
(A) in the heading, by striking ‘‘STATE’’; 
(B) in subsection (a), by striking ‘‘A 
United States marshal’’ and all that follows 
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through ‘‘Attorney General’’ and inserting the 
following: ‘‘An official charged with supervising 
the implementation of a sentence of death shall 
use appropriate Federal or State facilities for 
the purpose’’; and 
(C) by adding at the end the following new 
subsection: 
‘‘(c) CONFIDENTIALITY.—Notwithstanding any other 
law, the identity of any employee of the United States De-
partment of Justice, the Federal Bureau of Prisons, the 
United States Marshals Service, any State department of 
corrections, or of any person providing services under con-
tract or victim or victim’s survivor, who participates in or 
witnesses the administration of an execution pursuant to 
this section shall not be publicly disclosed, absent the con-
sent of any such individual.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for chapter 228 of title 18, United States Code is 
amended by striking the item relating to section 
3597 and inserting the following: 
‘‘3597. Use of facilities.’’. 
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Subtitle C—Clarifying the Author-
ity To Issue Cell Location Or-
ders 
SEC. 131. AMENDMENT TO SECTION 2703 OF TITLE 18 TO 
CLARIFY ONGOING SCOPE OF ORDERS AND 
WARRANTS. 
(a) DISCLOSURE OF CUSTOMER COMMUNICATIONS.— 
Section 2703 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(h)(1) IN GENERAL.—A court order under sub-
section (d) or a warrant under subsection (c)(1)(A) may 
require that records or other information (not including 
the contents of communications) be disclosed to a govern-
mental entity on an ongoing basis. 
‘‘(2) STANDARD.—The court shall issue an order or 
warrant requiring such ongoing disclosure if— 
‘‘(A) in the case of a court order under sub-
section (d), the court finds that the application con-
tains specific and articulable facts showing that 
there are reasonable grounds to believe that the 
records or other information (not including the con-
tents of communications) will be relevant and mate-
rial to an ongoing criminal investigation; or 
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‘‘(B) in the case of a warrant under subsection 
(c)(1)(A), the court finds that probable cause sup-
ports issuing the warrant. 
‘‘(3) DURATION.—An order or warrant requiring on-
going disclosure under this subsection may require ongo-
ing disclosure for a period not to exceed 60 days. Exten-
sions of such an order or warrant may be granted, but 
only upon an application for an extension under this sub-
section and upon the judicial finding required by para-
graph (2). The period of extension shall be for a period 
not to exceed 60 days. 
‘‘(4) NONDISCLOSURE.—An order or warrant requir-
ing ongoing disclosure under this subsection shall direct 
that— 
‘‘(A) the order or warrant be sealed until other-
wise ordered by the court; and 
‘‘(B) the person or entity who is obligated by 
the order or warrant to disclose records or other in-
formation on an ongoing basis to the applicant shall 
not disclose the existence of the order or warrant or 
the existence of the investigation to any other per-
son, unless or until otherwise ordered by the court. 
‘‘(5) SCOPE AND ASSISTANCE.— 
‘‘(A) IN GENERAL.—An order or warrant re-
quiring ongoing disclosure under this subsection, 
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upon service of that order or warrant, shall apply to 
any person or entity providing wire or electronic 
communication service or remote computing service 
in the United States whose assistance may facilitate 
the execution of the order or warrant. Whenever 
such an order or warrant is served on any person or 
entity not specifically named in the order or war-
rant, upon request of such person or entity, the at-
torney for the Government or law enforcement or in-
vestigative officer that is serving the order or war-
rant shall provide written or electronic certification 
that the order or warrant applies to the person or 
entity being served. 
‘‘(B) INFORMATION PROVIDED.—Upon the re-
quest of an attorney for the Government or an offi-
cer of a law enforcement agency authorized to re-
ceive the results of an order or warrant requiring 
ongoing disclosure under this subsection, a provider 
of a wire or electronic communication service or a 
provider of remote computing services shall furnish 
such investigative or law enforcement officer all in-
formation, facilities, technical, and other assistance 
including execution of such warrant or order unob-
trusively and with no more interference with the 
services that the person so ordered by the court ac-
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cords the party with respect to whom the warrant or 
order pertains than is necessary to effect the disclo-
sure required under the warrant or order, if such in-
stallation and assistance is directed by a court. Un-
less otherwise ordered by the court, records or other 
information disclosed under such warrant or order 
shall be furnished to the officer of a law enforcement 
agency designated in the court order, at reasonable 
intervals during regular business hours for the dura-
tion of the order. Pursuant to section 2522, an order 
may be issued to enforce the assistance capability 
and capacity requirements under the Communica-
tions Assistance for Law Enforcement Act. 
‘‘(6) NONEXCLUSIVITY.—Nothing in this subsection 
shall preclude a governmental entity from requiring or re-
ceiving the production on an ongoing basis of records or 
other information (not including the contents of commu-
nications) with consent of the subscriber or user, or under 
any other lawful authority.’’. 
(b) 
ELECTRONIC
COMMUNICATIONS.—Subsection 
2703(c)(1) of title 18, United States Code, is amended 
by— 
(1) redesignating subparagraph (E) as subpara-
graph (F); and 
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(2) inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) certifies in writing that it is inves-
tigating the disappearance of the subscriber or 
customer, that it has the purpose of locating 
that subscriber or customer, and— 
‘‘(i) the subscriber or customer is a 
minor; or 
‘‘(ii) the governmental entity reason-
ably believes that the subscriber or cus-
tomer is suffering from a condition or cir-
cumstance that may create an imminent 
danger of his or her death or serious phys-
ical injury, and the customer or sub-
scriber’s spouse, parent, lawful guardian, 
adult child, or adult sibling has consented 
to the disclosure; or’’. 
SEC. 132. PEN REGISTER AND TRAP AND TRACE AMEND-
MENT. 
Section 3121 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘2703(h) or 
section’’ after ‘‘under section’’; and 
(2) in subsection (b)— 
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(A) by striking ‘‘by a provider of electronic 
or wire communication service’’; 
(B) in paragraph (1), by inserting ‘‘by a 
provider of electronic or wire communication 
service,’’ before ‘‘relating to’’; 
(C) in paragraph (2)— 
(i) by inserting ‘‘by a provider of elec-
tronic or wire communication service,’’ be-
fore ‘‘to record’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) with the consent of a party to a commu-
nication, or under any other circumstances in which 
the contents of a communication may be lawfully 
intercepted under chapter 119 of this title; or 
‘‘(4) by a government agency, or a provider of 
electronic or wire communication service acting upon 
the written request of a government agency, when 
the government agency certifies in writing that— 
‘‘(A) it is investigating the disappearance 
of a subscriber, customer, or user, that it has 
the purpose of locating such subscriber, cus-
tomer, or user; and 
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‘‘(B)(i) the subscriber, customer, or user is 
a minor; or 
‘‘(ii) the governmental entity reasonably 
believes that the subscriber, customer, or user 
is suffering from a condition or circumstance 
that may create an imminent danger of his or 
her death or serious physical injury, and the 
subscriber, customer, or user’s spouse, parent, 
lawful guardian, adult child, or adult sibling 
has consented to the use of the pen register or 
trap and trace device.’’. 
SEC. 133. AMENDMENT TO MOBILE TRACKING DEVICES 
STATUTE. 
Section 3117 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by inserting at the end 
the following: ‘‘Nothing in this section shall be con-
strued to require a warrant when the Constitution of 
the United States does not require a warrant.’’; 
(2) in subsection (b)— 
(A) by striking ‘‘section, the term’’ and in-
serting ‘‘section— 
‘‘(1) the term’’; 
(B) by striking the period and inserting ‘‘; 
and’’; and 
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PWALKER on PROD1PC71 with BILLS
(C) by inserting at the end the following: 
‘‘(2) the term ‘installation’ means the physical 
attachment to a person or object.’’. 
SEC. 134. AMENDMENT TO COMMUNICATIONS ASSISTANCE 
FOR LAW ENFORCEMENT ACT. 
Section 103(a)(2) of the Communications Assistance 
for Law Enforcement Act (47 U.S.C. 1002(a)(2)) is 
amended by striking ‘‘(except to the extent that the loca-
tion may be determined from the telephone number)’’ and 
inserting ‘‘(except to the extent that the location may be 
determined from the telephone number or other device 
identifier). Such call-identifying information may include 
information that may disclose such physical location if it 
is acquired pursuant to a court order or warrant, under 
section 2703 of title 18, United States Code, or other law-
ful authorization).’’. 
TITLE II—ENDING DEMAND FOR 
CHILD 
PORNOGRAPHY 
AND 
CHILD 
SEXUAL 
EXPLOI-
TATION 
SEC. 201. MANDATORY MINIMUM FOR POSSESSION OF 
CHILD PORNOGRAPHY. 
(a) SEXUAL EXPLOITATION.—Section 2252(b)(2) of 
title 18, United States Code, is amended by striking ‘‘or 
imprisoned not more than 10 years, or both’’ and inserting 
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‘‘and imprisoned not less than 2 years nor more than 15 
years’’. 
(b) PORNOGRAPHY.—Section 2252A(b)(2) of title 18, 
United States Code, is amended by striking ‘‘or impris-
oned not more than 10 years, or both’’ and inserting ‘‘and 
imprisoned not less than 2 years nor more than 15 years’’. 
SEC. 202. STRENGTHENING SECTION 13032 OF TITLE 42, 
UNITED STATES CODE, TO ENSURE THAT 
CHILD PORNOGRAPHY IS EFFECTIVELY RE-
PORTED. 
Section 227(b)(2) of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13032) is amended to read as follows: 
‘‘(4) FAILURE TO REPORT.— 
‘‘(A) KNOWINGLY.—A provider of elec-
tronic communication services or remote com-
puting services described in paragraph (1) who 
knowingly and willfully fails to make a report 
under that paragraph shall be fined— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $150,000; 
and 
‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $300,000. 
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‘‘(B) NEGLIGENTLY.—A provider of elec-
tronic communication services or remote com-
puting services described in paragraph (1) who 
negligently fails to make a report under that 
paragraph shall be subject to a civil penalty 
of— 
‘‘(i) in the case of an initial failure to 
make a report, not more than $50,000; 
and 
‘‘(ii) in the case of any second or sub-
sequent failure to make a report, not more 
than $100,000. 
‘‘(C) FCC AUTHORITY.—For the purposes 
of this paragraph, the Federal Communications 
Commission shall have the authority to levy 
civil penalties and shall promulgate regulations, 
in consultation with the Attorney General, to 
effectuate the purposes of this paragraph and 
to provide for appropriate administrative review 
of any civil penalties levied thereunder.’’. 
SEC. 203. CONSPIRACY PROVISION FOR CHAPTER 77 OF-
FENSES. 
Section 1594(a) of title 18, United States Code, is 
amended by inserting after ‘‘attempts’’ the following: ‘‘or 
conspires to’’. 
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SEC. 204. AMEND DEFINITION OF ILLICIT SEXUAL CON-
DUCT. 
Section 2423(f) of title 18, United States Code, is 
amended by— 
(1) striking ‘‘or’’; and 
(2) striking the period at the end of the sub-
section and inserting ‘‘; or (3) production of child 
pornography, as defined in section 2256(8).’’. 
SEC. 205. EXPAND THE USE OF THE SEX TRAFFICKING 
STATUTE. 
(a) SEXUAL EXPLOITATION.—Section 2252(b)(2) of 
title 18, United States Code, is amended by inserting after 
‘‘this chapter,’’ the following: ‘‘section 1591,’’. 
(b) PORNOGRAPHY.—Section 2252A(b)(2) of title 18, 
United States Code, is amended by inserting after ‘‘this 
chapter,’’ the following: ‘‘section 1591,’’. 
(c) REPEAT OFFENDERS.—Section 2426(b)(1)(A) of 
title 18, United States Code, is amended— 
(1) following ‘‘109A,’’ by striking ‘‘or’’ ; and 
(2) by inserting after ‘‘chapter 110’’ the fol-
lowing ‘‘or section 1591’’. 
(d) 
RELEASE
AND
DETENTION.—Section 
3156(a)(4)(C) of title 18, United States Code, is amended 
by inserting after ‘‘117’’ the following: ‘‘, or section 
1591’’. 
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(e) 
ADMINISTRATIVE
SUBPOENAS.—Section 
3486(a)(1)(D) of title 18, United States Code, is amended 
by inserting after ‘‘1201,’’ the following: ‘‘1591,’’. 
SEC. 206. INCREASED PENALTIES FOR SEXUAL EXPLOI-
TATION OF CHILDREN. 
Section 2251(e) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘15 years nor more than 30 
years’’ and inserting ‘‘20 years or for life’’; and 
(2) by striking ‘‘not less than 25 years nor 
more than 50 years,’’ and all that follows through 
‘‘not less than 35 years nor more than life.’’ and in-
serting ‘‘life.’’. 
SEC. 207. INCREASED PENALTIES FOR ACTIVITIES RELAT-
ING TO MATERIAL INVOLVING THE SEXUAL 
EXPLOITATION OF CHILDREN. 
Section 2252(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘15 years or for 
life’’; and 
(B) by striking ‘‘not less than 15 years nor 
more than 40 years.’’ and inserting ‘‘life.’’; and 
(2) in paragraph (2)— 
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(A) by striking ‘‘or imprisoned not more 
than 10 years, or both’’ and inserting ‘‘and im-
prisoned for not less than 3 years nor more 
than 20 years’’; and 
(B) by striking ‘‘10 years nor more than 
20 years.’’ and inserting ‘‘20 years or for life.’’. 
SEC. 208. INCREASED PENALTIES FOR ACTIVITIES RELAT-
ING TO MATERIAL CONSTITUTING OR CON-
TAINING CHILD PORNOGRAPHY. 
Section 2252A(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘15 years or for 
life’’; and 
(B) by striking ‘‘not less than 15 years nor 
more than 40 years’’ and inserting ‘‘life’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘or imprisoned not more 
than 10 years, or both’’ and inserting ‘‘and im-
prisoned for not less than 3 years nor more 
than 20 years’’; and 
(B) by striking ‘‘10 years nor more than 
20 years’’ and inserting ‘‘20 years or for life’’. 
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SEC. 209. ADDITIONAL RESOURCES FOR THE INNOCENT IM-
AGES NATIONAL INITIATIVE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director of the 
Federal Bureau of Investigation to carry out the Innocent 
Images National Initiative, $30,000,000 for each of the 
fiscal years 2008 through 2012. 
(b) AVAILABILITY.—Any amounts appropriated pur-
suant to subsection (a) shall remain available until ex-
pended. 
TITLE III—THE PROCEEDS OF 
CRIME ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Proceeds of Crime 
Act of 2007’’. 
Subtitle A—Property Subject to 
Forfeiture to the United States 
SEC. 302. ADDITIONS TO THE GENERAL FORFEITURE STAT-
UTE. 
(a) TERRORISM.—Section 981(a)(1)(H) of title 18, 
United States Code, is amended by striking ‘‘section 
2339C’’ and inserting ‘‘sections 2339A, 2339B, 2339C, 
or 2339D’’. 
(b) FRAUD AND COMPUTER CRIMES.— 
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(1) CIVIL FORFEITURE.—Section 981(a)(1) of 
title 18, United States Code, is amended by adding 
the following at the end: 
‘‘(I)(i) Any computer, Internet domain name, 
photostatic reproduction machine, electronic commu-
nications device or other article, apparatus, device or 
thing made, possessed, fitted, used or intended to be 
used to commit, or to facilitate the commission of a 
violation of sections 513, 514, 1028 through 1032, 
and 1341 through 1350 of this title, or a conspiracy 
to commit such offense, and any property traceable 
to such property.’’. 
(2) DEFINITIONS.—Section 982(a)(2) of title 
18, United States Code, is amended by— 
(A) striking ‘‘, affecting a financial institu-
tion’’; and 
(B) inserting the following at the end: 
‘‘For purposes of this subsection, if the viola-
tion giving rise to the forfeiture is part of a 
continuing scheme or plan, the court shall order 
the person convicted of the offense to forfeit the 
proceeds of the entire scheme or plan.’’. 
(c) PROPERTY USED TO COMMIT A CRIMINAL OF-
FENSE.—Section 981(a)(1)(C) of title 18, United States 
Code, is amended to read as follows: 
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‘‘(C) Any property, real or personal, that con-
stitutes or is derived from the proceeds of any of-
fense constituting a specified unlawful activity (as 
defined in section 1956(c)(7)), or a conspiracy to 
commit such offense, any property used or intended 
to be used to commit or to facilitate the commission 
of such offense, and any property traceable there-
to.’’. 
(d) ODOMETER
TAMPERING
OFFENSES.—Section 
981(a)(1)(F) of title 18, United States Code, is amend-
ed— 
(1) in clause (iv), by striking ‘‘or’’ at the end; 
(2) in clause (v) by striking the period at the 
end and inserting ‘‘; or’’; 
(3) by inserting after clause (v) the following: 
‘‘(vi) sections 32703 (motor vehicle 
odometer tampering), 32704 (odometer 
tampering by replacing odometers), and 
32705(a)(2) (false odometer certification) 
of title 49, United States Code.’’; and 
(4) by adding at the end the following: 
‘‘In the case of a violation described in clause (i) or 
(vi), any vehicles or other property involved in the 
commission of the offense shall also be subject to 
forfeiture.’’. 
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(e) REPEAL
OF OBSOLETE PROVISION.—Section 
981(a)(1)(E) of title 18, United States Code, is repealed. 
SEC. 303. DRUGS AND MONEY LAUNDERING. 
(a) MONEY LAUNDERING CONSPIRACIES.—Section 
982(a)(1) of title 18, United States Code, is amended by 
inserting ‘‘, or any conspiracy to commit any such offense’’ 
after ‘‘of this title’’. 
(b) PROPERTY USED TO COMMIT
A DRUG OF-
FENSE.— 
(1) CONVEYANCES.—Section 511(a)(4) of the 
Controlled Substances Act (21 U.S.C. 881(a)(4)) is 
amended to read as follows: 
‘‘(4) Any property used or intended to be used 
to commit or to facilitate the commission of an of-
fense under this subchapter punishable by more than 
one year’s imprisonment, and any property traceable 
to such property.’’. 
(2) REAL PROPERTY.—Section 511(a)(7) of the 
Controlled Substances Act (21 U.S.C. 881(a)(7)) is 
amended by inserting ‘‘, and any property traceable 
to such property’’ after ‘‘one year’s imprisonment’’. 
(c) NEGOTIABLE INSTRUMENTS, SECURITIES, AND 
OTHER THINGS OF VALUE.—Section 511(a)(6) of the 
Controlled Substances Act (21 U.S.C. 881(a)(6)) is 
amended by— 
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(1) inserting ‘‘, and any property traceable to 
such property’’ after ‘‘this subchapter’’ the second 
time it appears; and 
(2) inserting ‘‘or other things of value’’ before 
‘‘used or intended to be used’’. 
(d) AMMUNITION.—Section 511(a)(11) of the Con-
trolled Substances Act (21 U.S.C. 881(a)(11)) is amended 
by striking ‘‘Any firearm (as defined in section 921 of title 
18)’’ and inserting ‘‘Any firearm or ammunition (as de-
fined in section 921 of title 18) or any holster or other 
carrying case, body armor, sighting device, or magazine’’. 
(e) BODY ARMOR.—Section 924(d)(1) of title 18, 
United States Code is amended by inserting ‘‘or any body 
armor involved in or used in any knowing violation of sec-
tion 931,’’ after ‘‘by clear and convincing evidence,’’. 
(f) CRIMINAL FORFEITURE.— 
(1) PERSON’S PROPERTY.—Section 413(a)(2) of 
the Controlled Substances Act (21 U.S.C. 853(a)(2)) 
is amended by inserting ‘‘, or any property traceable 
thereto’’ before the semicolon. 
(2) PAYMENT OF AMOUNTS TO BE RECEIVED.— 
Section 413(a) of the Controlled Substances Act (21 
U.S.C. 853(a)), is amended by adding at the end the 
following: ‘‘In addition to any other money judgment 
that may be imposed under this section, a person 
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who does not receive any proceeds from the sale, im-
portation, or distribution of a controlled substance 
because the person is arrested, or the controlled sub-
stance is seized, before the sale, importation, or dis-
tribution is complete, shall pay a money judgment 
equal to the amount of money that would have been 
paid if such sale, importation, or distribution had 
been completed.’’ 
(g) SUMMARY FORFEITURE OF CONTRABAND.— 
(1) IN
GENERAL.—Chapter 46 of title 18, 
United States Code, is amended by adding the fol-
lowing after section 987: 
‘‘§ 988. Summary forfeiture of contraband 
‘‘(a) IN GENERAL.—Any property constituting con-
traband that is lawfully seized or obtained by a Federal 
law enforcement officer, or that is lawfully delivered to a 
Federal law enforcement officer by a State, local, or for-
eign law enforcement officer, may be summarily forfeited 
to the United States. 
‘‘(b) STANDING.—No person shall have standing to 
contest the forfeiture of property subject to summary for-
feiture under this section, and no person shall be entitled 
to notice of such forfeiture. 
‘‘(c) DISPOSAL OF PROPERTY.—The Federal law en-
forcement agency in possession of the property subject to 
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summary forfeiture may destroy or otherwise dispose of 
such property and any equipment or container that cannot 
be separated safely from it. 
‘‘(d) For purposes of this section, contraband 
means— 
‘‘(1) any controlled substance, hazardous raw 
material, equipment or container, plants, or other 
property subject to summary forfeiture pursuant to 
section 511(f) or (g) of the Controlled Substances 
Act (21 U.S.C. 881(f) or (g)); 
‘‘(2) any controlled substance imported into the 
United States in violation of law; 
‘‘(3) any money or other thing of value given 
voluntarily to a Federal law enforcement officer, or 
person acting at the direction of a Federal law en-
forcement officer, in the course of an undercover or 
‘sting’ operation; or 
‘‘(4) any property that is illegal to possess.’’. 
(2) CONFORMING
AMENDMENT.—The section 
analysis for chapter 46 of title 18, United States 
Code, is amended by inserting the following after the 
entry relating to section 987: 
‘‘Sec. 988. Summary Forfeiture of Contraband.’’. 
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SEC. 304. ALIEN SMUGGLING. 
(a) REAL PROPERTY USED IN ALIEN SMUGGLING.— 
Section 274(b)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1324(b)(1)) is amended by— 
(1) striking ‘‘Any conveyance, including any 
vessel, vehicle, or aircraft, that has been used in the 
commission of a violation’’ and inserting ‘‘Any prop-
erty, real or personal, used or intended to be used 
to commit or to facilitate the commission of a viola-
tion’’; and 
(2) striking ‘‘such conveyance’’ and inserting 
‘‘such property’’. 
(b) PROCEEDS
OF
ALIEN
SMUGGLING.—Section 
274(b) of the Immigration and Nationality Act (8 U.S.C. 
1324(b)) is amended by adding the following after para-
graph (3): 
‘‘(4) For purposes of this subsection and sec-
tion 982(a)(6) of title 18, the term ‘proceeds’ in-
cludes any property, real or personal, or interest in 
such property obtained or retained as a consequence 
of an act or omission in violation of this section.’’. 
(c) TECHNICAL CORRECTIONS.—Section 274 of the 
Immigration and Nationality Act (8 U.S.C. 1324(b)(2)) 
is amended— 
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(1) in subsection (b)(2), by inserting ‘‘or the 
Secretary for Homeland Security’’ after ‘‘Attorney 
General’’; and 
(2) in subsection (b)(3)(B), by striking ‘‘the 
Service’’ and inserting ‘‘the Department of Home-
land Security’’. 
SEC. 305. FOOD STAMP FRAUD. 
Section 15(h) of the Food Stamp Act of 1977 (7 
U.S.C. 2024(h)) is amended to read as follows: 
‘‘(h) FORFEITURE.— 
‘‘(1) IN GENERAL.—Any property, real or per-
sonal— 
‘‘(A) used or intended to be used to com-
mit or to facilitate the commission of a violation 
(other than a misdemeanor) of subsection (b) or 
(c), or 
‘‘(B) constituting, derived from, or trace-
able to proceeds of a violation of subsection (b) 
or (c), 
shall be subject to forfeiture to the United States. 
‘‘(2) APPLICATION OF TITLE 18.—The provi-
sions of chapter 46 of title 18, United States Code, 
relating to civil forfeitures, shall extend to any sei-
zure or civil forfeiture under this section.’’. 
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SEC. 306. DEVICES USED TO CREATE OR REPLICATE COUN-
TERFEIT COMPUTER SOFTWARE. 
(a) IN GENERAL.—Section 2318(d) of title 18, 
United States Code, is amended to read as follows: 
‘‘(d) FORFEITURES.— 
‘‘(1) IN GENERAL.—The following property is 
subject to forfeiture to the United States— 
‘‘(A) any counterfeit label and any article 
to which a counterfeit label has been affixed or 
which was intended to have such label affixed; 
‘‘(B) any implement, device, or equipment 
used or intended to be used in the manufacture 
of counterfeit labels; and 
‘‘(C) any replicator or other device or thing 
used or intended to be used to copy or produce 
a computer program or other item to which a 
counterfeit label has been affixed. 
‘‘(2) APPLICATION OF CHAPTER 46.—The provi-
sions of chapter 46 of this title relating to civil for-
feitures shall extend to any seizure or civil forfeiture 
under this section.’’. 
(b) CONFORMING AMENDMENT.—Section 492 of title 
18, United States Code, is amended by striking ‘‘or 1720’’ 
and inserting ‘‘, 1720 or 2318’’. 
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SEC. 307. PROPERTY USED TO ESCAPE FEDERAL CUSTODY 
OR REMAIN A FUGITIVE. 
Section 981(a)(1) of title 18, United States Code, is 
amended by adding the following after subparagraph (I), 
as added by this Act: 
‘‘(J) Any property, real or personal, used or in-
tended to be used— 
‘‘(i) to commit, or to facilitate the commis-
sion of a violation of section 751 or 752 of this 
title; or 
‘‘(ii) to facilitate the efforts of any person 
to remain a fugitive from justice, as defined in 
section 2466(a)(1) of title 28, and any property 
traceable to such property.’’. 
SEC. 308. COPYRIGHT VIOLATIONS. 
Section 2319A(b) of title 18, United States Code, is 
amended to read as follows: 
‘‘(b) FORFEITURES.— 
‘‘(1) IN GENERAL.—The following property is 
subject to forfeiture to the United States— 
‘‘(A) all copies or phonorecords made, as 
well as any plates, molds, matrices, masters, 
tapes, and film negatives by means of which 
such copies or phonorecords may be made; and 
‘‘(B) all implements, devices, or equipment 
used, in any manner or part, to commit or to 
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facilitate the commission of a violation of sub-
section (a). 
‘‘(2) APPLICATION OF CHAPTER 46.—The provi-
sions of chapter 46 of this title relating to civil for-
feitures shall extend to any seizure or civil forfeiture 
under this section.’’. 
SEC. 309. TRADE SECRETS. 
Section 1834 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1834. Forfeiture 
‘‘(a) The following property is subject to forfeiture 
to the United States: 
‘‘(1) any property constituting or derived from 
any proceeds obtained directly or indirectly as a re-
sult of a violation of this chapter; and 
‘‘(2) any property used, or intended to be used, 
in any manner or part, to commit or to facilitate the 
commission of such violation. 
‘‘(b) The provisions of chapter 46 of this title relating 
to civil forfeitures shall extend to any seizure or civil for-
feiture under this section.’’. 
SEC. 310. CONTRABAND CIGARETTES. 
Section 2344(c) of title 18, United States Code, is 
amended to read as follows: 
‘‘(c) FORFEITURES.— 
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‘‘(1) IN GENERAL.—Any contraband cigarettes 
involved in any violation or conspiracy to violate any 
of the provisions of this chapter, and any proceeds 
of such violation or conspiracy to commit such viola-
tion, or any property traceable thereto, shall be sub-
ject to seizure and forfeiture to the United States. 
‘‘(2) The provisions of chapter 46 of this title 
relating to civil forfeitures shall extend to any sei-
zure or civil forfeiture under this section.’’. 
SEC. 311. RECENTLY ENACTED TITLE 31 VIOLATIONS. 
Section 5317(c) of title 31, United States Code, is 
amended— 
(1) in paragraph (1)(A), by striking ‘‘or’’ after 
5316, and adding ‘‘, 5331, or 5363’’ after 5324; and 
(2) in paragraph (2), by striking ‘‘or’’ after 
5316, and adding ‘‘, 5331, or 5363’’ after 5324. 
SEC. 312. ARCHAEOLOGICAL RESOURCES PROTECTION 
ACT. 
(a) FORFEITURE UNDER THE ARCHAEOLOGICAL RE-
SOURCES PROTECTION ACT.—Section 8(b) of the Archeo-
logical Resources Protection Act of 1979 (Public Law 96– 
95; 16 U.S.C. 477gg(b)) is repealed. 
(b) CODIFICATION OF ARCHAEOLOGICAL RESOURCE 
PROTECTION ACT’S CRIMINAL PROVISION IN TITLE 18.— 
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(1) REPEAL.—Section 6 of the Archaeological 
Resources Protection Act of 1979 (Public Law 96– 
95; 16 U.S.C. 470ee) is repealed. 
(2) CODIFICATION.— 
(A) IN GENERAL.—Chapter 65 of title 18, 
United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 1370. Archaeological resources—prohibited acts 
and criminal penalties 
‘‘(a) DAMAGE OR REMOVE.—No person may exca-
vate, remove, damage, or otherwise alter or deface or at-
tempt to excavate, remove, damage, or otherwise alter or 
deface any archaeological resource located on public lands 
or Indian lands unless such activity is pursuant to a per-
mit issued under section 4 of the Archaeological Resources 
Protection Act of 1979 (16 U.S.C. 470aa et seq.), a per-
mit referred to in section 4(h)(2) of the Archaeological Re-
sources Protection Act of 1979 (16 U.S.C. 470aa et seq.), 
or the exemption contained in section 4(g)(1) of the Ar-
chaeological Resources Protection Act of 1979 (16 U.S.C. 
470aa et seq.). 
‘‘(b) SALE OR PURCHASE.— 
‘‘(1) IN GENERAL.—No person may sell, pur-
chase, exchange, transport, receive, or offer to sell, 
purchase, or exchange any archaeological resource if 
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such resource was excavated or removed from public 
lands or Indian lands in violation of— 
‘‘(A) the prohibition contained in sub-
section (a) of this section; or 
‘‘(B) any provision, rule, regulation, ordi-
nance, or permit in effect under any other pro-
vision of Federal law. 
‘‘(2) PRIOR
POSSESSION.—Nothing in para-
graph (1) shall be deemed applicable to any person 
with respect to any archaeological resource which 
was in the lawful possession of such person prior to 
October 31, 1979. 
‘‘(c) STATE OR LOCAL LAW.—No person may sell, 
purchase, exchange, transport, receive, or offer to sell, 
purchase, or exchange, in interstate of foreign commerce, 
any archaeological resource excavated, removed, sold, pur-
chased, exchanged, transported, or received in violation of 
any provision, rule, regulation, ordinance, or permit in ef-
fect under State or local law. 
‘‘(d) PENALTY.— 
‘‘(1) IN GENERAL.—Any person who knowingly 
violates, or counsels, procures, solicits, or employs 
any other person to violate, any prohibition con-
tained in subsection (a), (b), or (c) of this section 
shall, upon conviction, be fined in accordance with 
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this title, or imprisoned not more than 10 years, or 
both; but if the sum of the commercial and archae-
ological value of the archaeological resources in-
volved and the cost of restoration and repair does 
not exceed $500, such person shall be fined under 
this title, imprisoned not more than 1 year, or both. 
In the case of a second or subsequent such violation, 
upon conviction such person shall be fined in accord-
ance with this title, or imprisoned not more than 20 
years, or both. 
‘‘(2) ARROWHEADS.—Nothing in subsection (d) 
shall be deemed applicable to any person with re-
spect to the removal of arrowheads located on the 
surface of the ground. 
‘‘(e) EFFECTIVE DATE.—The prohibitions contained 
in this section shall take effect on October 31, 1979. 
‘‘(f) FORFEITURES.— 
‘‘(1) IN GENERAL.—The following property is 
subject to forfeiture to the United States: 
‘‘(A) All archeological resources involved in 
a violation of subsection (a), (b) or (c) of this 
section. 
‘‘(B) All proceeds derived directly or indi-
rectly from such violation. 
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‘‘(C) Any vehicle, equipment, or other 
property used or intended to be used to commit 
or to facilitate the commission of such violation. 
‘‘(D) All property traceable to such prop-
erty. 
‘‘(2) APPLICATION OF CHAPTER 46.—The provi-
sions of chapter 46 of this title relating to civil for-
feitures shall extend to any seizure or civil forfeiture 
under this section.’’. 
(B) CHAPTER
ANALYSIS.—The chapter 
analysis at the beginning of chapter 65 of title 
18, United States Code, is amended by adding 
at the end the following new item: 
‘‘1370. Archaeological resources—prohibited acts and criminal penalties.’’. 
(c) STATUTE OF LIMITATIONS FOR CRIMINAL VIOLA-
TIONS
OF ARCHAEOLOGICAL RESOURCES PROTECTION 
ACT.— 
(1) IN
GENERAL.—Chapter 213 of title 18, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3298. Archeological resources offenses 
‘‘No person shall be prosecuted, tried, or punished 
for a violation of, or conspiracy to violate, section 1370, 
title 18, United States Code, unless the indictment is re-
turned or the information is filed within 20 years after 
the commission of the offense.’’. 
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(2) CHAPTER ANALYSIS.—The chapter analysis 
at the beginning of chapter 213 of title 18, United 
States Code, is amended by adding at the end the 
following new item: 
‘‘3298. Archeological resources offenses.’’. 
SEC. 313. COMPUTER FRAUD. 
Section 1030 of title 18, United States Code, is 
amended by inserting after subsection (h) the following: 
‘‘(i)(1) The court, in imposing sentence on any person 
convicted of a violation of this section, or convicted of con-
spiracy to violate this section, shall order, in addition to 
any other sentence imposed and irrespective of any provi-
sion of State law, that such person forfeit to the United 
States— 
‘‘(A) such person’s interest in any personal 
property that was used or intended to be used to 
commit or to facilitate the commission of such viola-
tion; and 
‘‘(B) any property, real or personal, consti-
tuting or derived from, any proceeds that such per-
son obtained, directly or indirectly, as a result of 
such violation. 
‘‘(2) The criminal forfeiture of property under this 
subsection, any seizure and disposition thereof, and any 
judicial proceeding in relation thereto, shall be governed 
by the provisions of section 413 of the Comprehensive 
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Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 853), except subsection (d) of that section. 
‘‘(j)(1) The following shall be subject to forfeiture to 
the United States and no property right shall exist in 
them: 
‘‘(A) Any personal property used or intended to 
be used to commit or to facilitate the commission of 
any violation of this section, or a conspiracy to vio-
late this section. 
‘‘(B) Any property, real or personal, which con-
stitutes or is derived from proceeds traceable to any 
violation of this section, or a conspiracy to violate 
this section. 
‘‘(2) The provisions of chapter 46 of this title relating 
to civil forfeiture shall apply to any seizure or civil for-
feiture under this subsection.’’. 
SEC. 314. FALSE IMPERSONATION. 
(a) IN GENERAL.—Chapter 43 of title 18, United 
States Code, is amended by inserting the following after 
section 917: 
‘‘SEC. 918. FORFEITURE. 
‘‘(a)(1) The court, in imposing sentence on any per-
son convicted of a violation of this chapter or convicted 
of conspiracy to violate this section, shall order, in addi-
tion to any other sentence imposed and irrespective of any 
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provision of State law, that such person forfeit to the 
United States— 
‘‘(A) any property that was used or intended to 
be used to commit or to facilitate the commission of 
such violation; and 
‘‘(B) any property constituting or derived from, 
any proceeds that such person obtained, directly or 
indirectly, as a result of such violation. 
‘‘(2) The criminal forfeiture of property under this 
subsection, any seizure and disposition thereof, and any 
judicial proceeding in relation thereto, shall be governed 
by the provisions of section 413 of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 853), except subsection (d) of that section. 
‘‘(b)(1) The following shall be subject to forfeiture 
to the United States and no property right shall exist in 
them: 
‘‘(A) Any property used or intended to be 
used to commit or to facilitate the commission 
of any violation of this chapter or any con-
spiracy to commit such violation, and any prop-
erty traceable to such property. 
‘‘(B) Any property that constitutes or is 
derived from proceeds traceable to any violation 
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of this chapter or a conspiracy to commit such 
violation. 
‘‘(2) The provisions of chapter 46 of this title 
relating to civil forfeiture shall apply to any seizure 
or civil forfeiture under this subsection.’’. 
(b) CHAPTER ANALYSIS.—The chapter analysis for 
chapter 43 of title 18, United States Code, is amended 
by adding the following at the end: 
‘‘918. Forfeiture.’’. 
SEC. 315. CONSPIRACIES INVOLVING TRAFFICKING IN PER-
SONS. 
(a) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting ‘‘sec-
tion 241 (involving conspiracies against rights),’’ before 
‘‘section 351’’. 
(b) ASSET FORFEITURE.—Section 1594(b) of title 
18, United States Code, is amended by inserting ‘‘or a 
conspiracy to commit such violation’’ after ‘‘a violation of 
this chapter’’. 
Subtitle B—Money Laundering 
SEC. 321. INTERSTATE TRANSPORTATION OF CRIMINAL 
PROCEEDS AND ‘‘REVERSE’’ MONEY LAUN-
DERING. 
(a) IN GENERAL.—Section 1957(a) of title 18, 
United States Code, is amended to read as follows: 
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‘‘(a)(1) Whoever, in any of the circumstances set 
forth in subsection (d)— 
‘‘(A) conducts or attempts to conduct a mone-
tary transaction involving property of a value great-
er than $10,000 that is derived from specified un-
lawful activity, knowing that the property is derived 
from some form of unlawful activity; or 
‘‘(B) conducts or attempts to conduct a mone-
tary transaction involving property of a value great-
er than $10,000, with the intent to promote the car-
rying on of specified unlawful activity, 
shall be punished as provided in subsection (b). 
‘‘(2) Whoever, in the any of the circumstances set 
forth in subsection (d), transports, attempts to transport, 
or conspires to transport more than $10,000 in currency 
in interstate commerce— 
‘‘(A) knowing that the currency was derived 
from some form of unlawful activity; or 
‘‘(B) knowing that the currency was intended to 
be used to promote some form of unlawful activity, 
shall be punished as provided in subsection (b).’’. 
(b) PENALTY.—Section 1957(b) of title 18, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 
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(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) The maximum period of incarceration for a per-
son convicted of an offense under subsection (a)(1)(B) 
must not exceed the statutory maximum for the offense 
being promoted.’’. 
(c) CONFORMING AMENDMENT.—Section 1957(f) of 
title 18, United States Code, is amended— 
(1) in paragraph (2) by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (3), by striking the period and 
inserting ‘‘; and’’; and 
(3) by inserting at the end the following: 
‘‘(4) the term ‘conducts’ has the same meaning 
as it does for purposes of section 1956 of this title.’’. 
(d) HEADING.— 
(1) IN
GENERAL.—Section 1957 of title 18, 
United States Code, is amended in the heading by 
inserting ‘‘or in support of criminal activity’’ after 
‘‘specified unlawful activity’’. 
(2) CHAPTER ANALYSIS.—The item relating to 
section 1957 in the chapter analysis for chapter 95 
of title 18, United States Code, is amended to read 
as follows: 
‘‘1957. Conducting monetary transactions in property derived from specified un-
lawful activity or in support of criminal activity.’’. 
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SEC. 322. FREEZING BANK ACCOUNTS OF PERSONS AR-
RESTED FOR OFFENSES INVOLVING THE 
MOVEMENT 
OF 
MONEY 
ACROSS 
INTER-
NATIONAL BORDERS. 
Section 981(b) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(5)(A) If a person is arrested or charged in 
connection with an offense described in subpara-
graph (C) involving the movement of funds into or 
out of the United States, the Attorney General may 
apply to any Federal judge or magistrate judge in 
the district in which the arrest is made or the 
charges are filed for an ex parte order restraining 
any account held by the person arrested or charged 
for not more than 30 days, except that the time may 
be extended for good cause shown at a hearing con-
ducted in the manner provided in rule 43(e) of the 
Federal Rules of Civil Procedure. The court may re-
ceive and consider evidence and information sub-
mitted by the Government that would be inadmis-
sible under the Federal Rules of Evidence. 
‘‘(B) The application for the restraining order 
referred to in subparagraph (A) shall— 
‘‘(i) identify the offense for which the per-
son has been arrested or charged; 
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‘‘(ii) identify the location and description 
of the accounts to be restrained; and 
‘‘(iii) state that the restraining order is 
needed to prevent the removal of the funds in 
the account by the person arrested or charged, 
or by others associated with such person, dur-
ing the time needed by the Government to con-
duct such investigation as may be necessary to 
establish whether there is probable cause to be-
lieve that the funds in the accounts are subject 
to forfeiture in connection with the commission 
of any criminal offense. 
‘‘(C) A restraining order may be issued pursu-
ant to subparagraph (A) if a person is arrested or 
charged with any offense for which forfeiture is au-
thorized under this title, title 31, or the Controlled 
Substances Act. 
‘‘(D) For purposes of this paragraph— 
‘‘(i) the term ‘account’ includes any safe 
deposit box and any account (as defined in sec-
tion 5318A(e)(1) and (e)(2)) at any financial 
institution; and 
‘‘(ii) the term ‘account held by the person 
arrested or charged’ includes an account held in 
the name of such person, and any account over 
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which such person has effective control as a sig-
natory or otherwise. 
‘‘(E) Restraint pursuant to this paragraph shall 
not be deemed a seizure for purposes of subsection 
983(a) of this title. 
‘‘(F) A restraining order issued pursuant to 
this paragraph may be executed in any district in 
which the subject account is found, or transmitted 
to the central authority of any foreign state for serv-
ice in accordance with any treaty or other inter-
national agreement.’’. 
SEC. 323. PROCEDURE FOR ISSUING SUBPOENAS IN CER-
TAIN MONEY LAUNDERING AND FORFEITURE 
CASES. 
(a) IN GENERAL.—Section 986 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ before ‘‘At any 
time’’; 
(B) by striking ‘‘section 1956, 1957, or 
1960 of this title, section 5322 or 5324 of title 
31, United States Code’’ and inserting ‘‘section 
981 or 982 of this title, or sections 5317 and 
5332 of title 31’’; 
(C) by striking ‘‘in rem’’; and 
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(D) by striking the last sentence and in-
serting the following: 
‘‘(2) The United States may request the Clerk 
of the Court in any district where a civil forfeiture 
action may be filed pursuant to 1355(b) of title 28 
to issue a subpoena duces tecum under paragraph 
(1) before the filing of the verified complaint.’’; 
(2) in subsection (c), by inserting ‘‘or the Fed-
eral Rules of Criminal Procedure’’ after ‘‘Proce-
dure’’; and 
(3) by adding at the end the following: 
‘‘(e) PROCEDURE FOR ISSUING SUBPOENAS.—The 
Attorney General, a United States Attorney, an Assistant 
United States Attorney, or an attorney in the Criminal 
Division of the Department of Justice may issue a sub-
poena for evidence in any investigation of a violation of 
sections 1956, 1957, or 1960 of this title 18, or section 
5332 of title 31, in the manner set forth in section 3486 
of this title.’’. 
(b) 
GRAND
JURY
SUBPOENAS.—Section 
5318(k)(3)(A) of title 31, United States Code, is amended 
by— 
(1) in clause (i) by striking ‘‘related to such 
correspondent account’’; and 
(2) adding after clause (ii) the following: 
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‘‘(iii) GRAND
JURY
OR
TRIAL
SUB-
POENA.—In addition to a subpoena issued 
by the Attorney General or the Secretary 
of the Treasury, a subpoena under clause 
(i) may also be a grand jury or trial sub-
poena.’’. 
(c) FAIR CREDIT REPORTING ACT AMENDMENT.— 
Section 604(a)(1) of the Fair Credit Reporting Act (15 
U.S.C. 1681b(a)(1)) is amended by inserting before the 
period at the end ‘‘, or an investigative subpoena issued 
pursuant to 31 U.S.C. 5318’’. 
(d) OBSTRUCTION OF JUSTICE.—Section 1510(b) of 
title 18, United States Code, is amended— 
(1) in paragraph (b)(2)(A), by inserting ‘‘or an 
investigative subpoena issued pursuant to 31 U.S.C. 
5318’’ after ‘‘grand jury subpoena’’; and 
(2) in paragraph (b)(3)(B), by inserting ‘‘, an 
investigative subpoena issued pursuant to 31 U.S.C. 
5318,’’ after ‘‘grand jury subpoena’’. 
(e) RIGHT TO FINANCIAL PRIVACY ACT.—Section 
1120 of the Financial Institutions Regulatory and Interest 
Rate Control Act of 1978 (12 U.S.C. 3420), is amended— 
(1) in subsection (a)(1) by inserting ‘‘or to the 
Government’’ after ‘‘to the grand jury’’; and 
(2) in subsection (b)(1)— 
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(A) by inserting ‘‘, or an investigative sub-
poena issued pursuant to 31 U.S.C. 5318,’’ 
after ‘‘grand jury subpoena’’; and 
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) crime against any financial institution 
or supervisory agency or crime involving a viola-
tion of the Controlled Substances Act (21 
U.S.C. 801 et seq.), the Controlled Substances 
Import and Export Act (21 U.S.C. 951 et seq.), 
section 1956, 1957, or 1960 of title 18, sections 
5313, 5316, 5322, 5324, 5331, or 5332 of title 
31, or section 6050I of title 26; or’’. 
SEC. 324. USING BLANK CHECKS IN BEARER FORM TO 
SMUGGLE MONEY. 
Section 5316 of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT LEFT 
BLANK.—For purposes of this section, a monetary instru-
ment that has the amount left blank shall be considered 
to have a value in excess of $10,000 if the instrument was 
drawn on an account that contained or was intended to 
contain more than $10,000 at the time the instrument was 
being transported, or at the time it was negotiated or was 
intended to be negotiated.’’. 
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SEC. 325. TREATING ELECTRONIC FUNDS AS FUNGIBLE 
PROPERTY. 
Section 5317(c) of title 31, United States Code, is 
amended by adding after paragraph (2) the following: 
‘‘(3)(A) In any civil forfeiture action brought 
pursuant to this section, section 5332, or section 
981(a)(1)(A) of title 18, currency, precious metals, 
gemstones, and funds held in any account or safe 
deposit box at any financial institution shall be con-
sidered fungible property identical to other property 
located in the same place or account at an earlier 
time. 
‘‘(B) In any case where (A) applies, it shall not 
be necessary for the Government to identify the spe-
cific property involved in the offense that is the basis 
for the forfeiture, nor shall it be a defense that the 
property involved in such offense has been removed 
and replaced by identical property.’’. 
SEC. 326. BULK CASH SMUGGLING. 
Section 5332(a) of title 31, United States Code, is 
amended in subsection (b)(1), by striking ‘‘5’’ and insert-
ing ‘‘10’’. 
SEC. 327. MAKING THE INTERNATIONAL MONEY LAUN-
DERING STATUTE APPLY TO TAX EVASION. 
Section 1956(a)(2)(A) of title 18, United States 
Code, is amended by— 
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(1) inserting ‘‘(i)’’ before ‘‘with the intent to 
promote’’; and 
(2) inserting the following after ‘‘or’’: 
‘‘(ii) with the intent to engage in con-
duct constituting a violation of section 
7201 or 7206 of the Internal Revenue 
Code of 1986; or’’. 
SEC. 328. PROHIBITING MONEY LAUNDERING THROUGH 
HAWALAS, OTHER INFORMAL VALUE TRANS-
FER 
SYSTEMS, 
AND 
CLOSELY 
RELATED 
TRANSACTIONS. 
Section 1956(a)(1) of title 18, United States Code, 
is amended by striking ‘‘For purposes of this paragraph, 
a financial transaction’’ and inserting ‘‘For purposes of 
this paragraph and section 1957, a financial transaction 
or a monetary transaction’’. 
SEC. 329. SECTION 1957 VIOLATIONS INVOLVING COMMIN-
GLED 
FUNDS 
AND 
STRUCTURED 
TRANS-
ACTIONS. 
Section 1957 of title 18, United States Code, is 
amended by adding after subsection (f) the following: 
‘‘(g) The Government may satisfy the $10,000 re-
quirement in subsection (a)(1) by showing that— 
‘‘(1) the monetary transaction involved the 
transfer, withdrawal, encumbrance, or other disposi-
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