IB
Union Calendar No. 151
107TH CONGRESS
1ST SESSION
H. R. 3004
[Report No. 107–250, Part I]
To combat the financing of terrorism and other financial crimes, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 3, 2001
Mr. OXLEY (for himself, Mr. LAFALCE, Mr. LEACH, Mrs. MALONEY of New
York, Mrs. ROUKEMA, Mr. BENTSEN, Ms. HOOLEY of Oregon, Mr. BE-
REUTER, Mr. BAKER, Mr. BACHUS, Mr. KING, Mrs. KELLY, Mr.
GILLMOR, Mr. CANTOR, Mr. RILEY, Mr. LATOURETTE, Mr. GREEN of
Wisconsin, and Mr. GRUCCI) introduced the following bill; which was re-
ferred to the Committee on Financial Services, and in addition to the
Committees on the Judiciary, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
OCTOBER 17, 2001
Additional sponsors: Mr. ISRAEL, Mr. SHOWS, Mr. MALONEY of Connecticut,
Mr. MORAN of Virginia, Mr. ROSS, Mr. SHAYS, and Mr. SHERMAN
OCTOBER 17, 2001
Reported from the Committee on Financial Services with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 17, 2001
Referral to the Committees on the Judiciary and Ways and Means extended
for a period ending not later than October 17, 2001
OCTOBER 17, 2001
Committees on the Judiciary and Ways and Means discharged; committed to
the Committee of the Whole House on the State of the Union, and or-
dered to be printed
[For text of introduced bill, see copy of bill as introduced on October 3, 2001]
A BILL
To combat the financing of terrorism and other financial
crimes, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Fi-
nancial Anti-Terrorism Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—STRENGTHENING LAW ENFORCEMENT
Sec. 101. Bulk cash smuggling into or out of the United States.
Sec. 102. Forfeiture in currency reporting cases.
Sec. 103. Interstate currency couriers.
Sec. 104. Illegal money transmitting businesses.
Sec. 105. Long-arm jurisdiction over foreign money launderers.
Sec. 106. Laundering money through a foreign bank.
Sec. 107. Specified unlawful activity for money laundering.
Sec. 108. Laundering the proceeds of terrorism.
Sec. 109. Violations of reporting requirements for nonfinancial trades and busi-
ness.
Sec. 110. Proceeds of foreign crimes.
Sec. 111. Availability of reports relating to coins and currency received in non-
financial trade or business.
Sec. 112. Penalties for violations of geographic targeting orders and certain
record keeping requirements.
Sec. 113. Exclusion of aliens involved in money laundering.
Sec. 114. Standing to contest forfeiture of funds deposited into foreign bank that
has a correspondent account in the United States.
Sec. 115. Subpoenas for records regarding funds in correspondent bank accounts.
Sec. 116. Authority to order convicted criminal to return property located abroad.
Sec. 117. Corporation represented by a fugitive.
Sec. 118. Enforcement of foreign judgments.
Sec. 119. Reporting provisions and anti-terrorist activities of United States intel-
ligence agencies.
Sec. 120. Financial Crimes Enforcement Network.
Sec. 121. Customs Service border searches.
Sec. 122. Prohibition on false statements to financial institutions concerning the
identity of a customer.
Sec. 123. Verification of identification.
Sec. 124. Consideration of anti-money laundering record.
Sec. 125. Reporting of suspicious activities by informal underground banking
systems, such as hawalas.
TITLE II—PUBLIC-PRIVATE COOPERATION
Sec. 201. Establishment of highly secure network.
Sec. 202. Report on improvements in data access and other issues.
Sec. 203. Reports to the financial services industry on suspicious financial activi-
ties.
Sec. 204. Efficient use of currency transaction report system.
Sec. 205. Public-private task force on terrorist financing issues.
Sec. 206. Suspicious activity reporting requirements.
Sec. 207. Amendments relating to reporting of suspicious activities.
Sec. 208. Authorization to include suspicions of illegal activity in written em-
ployment references.
Sec. 209. International cooperation on identification of originators of wire trans-
fers.
Sec. 210. Check truncation study.
TITLE III—COMBATTING INTERNATIONAL MONEY LAUNDERING
Sec. 301. Special measures for jurisdictions, financial institutions, or inter-
national transactions of primary money laundering concern.
Sec. 302. Special due diligence for correspondent accounts and private banking
accounts.
Sec. 303. Prohibition on United States correspondent accounts with foreign shell
banks.
Sec. 304. Anti-money laundering programs.
Sec. 305. Concentration accounts at financial institutions.
Sec. 306. International cooperation in investigations of money laundering, finan-
cial crimes, and the finances of terrorist groups.
Sec. 307. Prohibition on acceptance of any bank instrument for unlawful Internet
gambling.
Sec. 308. Internet gambling in or through foreign jurisdictions.
TITLE IV—CURRENCY PROTECTION
Sec. 401. Counterfeiting domestic currency and obligations.
Sec. 402. Counterfeiting foreign currency and obligations.
Sec. 403. Production of documents.
Sec. 404. Reimbursement.
TITLE I—STRENGTHENING LAW
ENFORCEMENT
SEC. 101. BULK CASH SMUGGLING INTO OR OUT OF THE
UNITED STATES.
(a) FINDINGS.—The Congress finds the following:
(1) Effective enforcement of the currency report-
ing requirements of subchapter II of chapter 53 of
title 31, United States Code, and the regulations pre-
scribed 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 fi-
nancial institutions, drug dealers and other criminals
are forced to move large quantities of currency in
bulk form to and through the airports, border cross-
ings, 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, racket-
eering, 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 cir-
cumvent the mandatory reporting provisions of sub-
chapter 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 re-
placed. 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 pro-
ceeds. 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 con-
fiscated 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 instru-
ments of the smuggling offense;
(3) to emphasize the seriousness of the act of bulk
cash smuggling; and
(4) to prescribe guidelines for determining the
amount of property subject to such forfeiture in var-
ious situations.
(c) ENACTMENT
OF BULK CASH SMUGGLING OF-
FENSE.—Subchapter II of chapter 53 of title 31, United
States Code, is amended by adding at the end the following:
‘‘§ 5331. Bulk cash smuggling into or out of the United
States
‘‘(a) CRIMINAL OFFENSE.—
‘‘(1) IN GENERAL.—Whoever, with the intent to
evade a currency reporting requirement under section
5316, knowingly conceals more than $10,000 in cur-
rency or other monetary instruments on the person of
such individual or in any conveyance, article of lug-
gage, merchandise, or other container, and transports
or transfers or attempts to transport or transfer such
currency or monetary instruments from a place with-
in 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 con-
victed of a currency smuggling offense under sub-
section (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 gov-
erned by section 413 of the Controlled Substances Act.
‘‘(4) PERSONAL MONEY JUDGMENT.—If the prop-
erty subject to forfeiture under paragraph (2) is un-
available, and the defendant has insufficient sub-
stitute property that may be forfeited pursuant to sec-
tion 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 sec-
tion 981(a)(1)(A) of title 18, United States Code.
‘‘(3) TREATMENT OF CERTAIN PROPERTY AS IN-
VOLVED IN THE OFFENSE.—For purposes of this sub-
section and subsection (b), any currency or other
monetary instrument that is concealed or intended to
be concealed in violation of subsection (a) or a con-
spiracy to commit such violation, any article, con-
tainer, or conveyance used, or intended to be used, to
conceal or transport the currency or other monetary
instrument, and any other property used, or intended
to be used, to facilitate the offense, shall be considered
property involved in the offense.
‘‘(d) PROPORTIONALITY OF FORFEITURE.—
‘‘(1) IN
GENERAL.—Upon a showing by the
property owner by a preponderance of the evidence
that the currency or monetary instruments involved
in the offense giving rise to the forfeiture were derived
from a legitimate source, and were intended for a
lawful purpose, the court shall reduce the forfeiture
to the maximum amount that is not grossly dis-
proportional to the gravity of the offense.
‘‘(2) FACTORS TO BE CONSIDERED.—In deter-
mining the amount of the forfeiture, the court shall
consider all aggravating and mitigating facts and
circumstances that have a bearing on the gravity of
the offense, including the following:
‘‘(A) The value of the currency or other
monetary instruments involved in the offense.
‘‘(B) Efforts by the person committing the
offense to structure currency transactions, con-
ceal property, or otherwise obstruct justice.
‘‘(C) Whether the offense is part of a pattern
of repeated violations of Federal law.’’.
(d) CLERICAL AMENDMENT.—The table of sections for
subchapter II of chapter 53 of title 31, United States Code,
is amended by inserting after the item relating to section
5330, the following new item:
‘‘5331. Bulk cash smuggling into or out of the United States.’’.
SEC. 102. FORFEITURE IN CURRENCY REPORTING CASES.
(a) IN GENERAL.—Subsection (c) of section 5317 of
title 31, United States Code, is amended to read as follows:
‘‘(c) FORFEITURE.—
‘‘(1) IN GENERAL.—The court in imposing sen-
tence for any violation of section 5313, 5316, or 5324
of this title, or section 6050I of the Internal Revenue
Code of 1986, or any conspiracy to commit such vio-
lation, shall order the defendant to forfeit all prop-
erty, real or personal, involved in the offense and any
property traceable thereto.
‘‘(2) PROCEDURE.—Forfeitures under this sub-
section shall be governed by the procedures established
in section 413 of the Controlled Substances Act and
the guidelines established in paragraph (4).
‘‘(3) CIVIL FORFEITURE.—Any property involved
in a violation of section 5313, 5316, or 5324 of this
title, or section 6050I of the Internal Revenue Code
of 1986, or any conspiracy to commit any such viola-
tion, and any property traceable to any such viola-
tion or conspiracy, may be seized and, subject to
paragraph (4), forfeited to the United States in ac-
cordance with the procedures governing civil forfeit-
ures in money laundering cases pursuant to section
981(a)(1)(A) of title 18, United States Code.
‘‘(4) PROPORTIONALITY OF FORFEITURE.—
‘‘(A) IN GENERAL.—Upon a showing by the
property owner by a preponderance of the evi-
dence that any currency or monetary instru-
ments involved in the offense giving rise to the
forfeiture were derived from a legitimate source,
and were intended for a lawful purpose, the
court shall reduce the forfeiture to the maximum
amount that is not grossly disproportional to the
gravity of the offense.
‘‘(B) FACTORS TO BE CONSIDERED.—In de-
termining the amount of the forfeiture, the court
shall consider all aggravating and mitigating
facts and circumstances that have a bearing on
the gravity of the offense, including the following:
‘‘(i) The value of the currency or other
monetary instruments involved in the of-
fense.
‘‘(ii) Efforts by the person committing
the offense to structure currency trans-
actions, conceal property, or otherwise ob-
struct justice.
‘‘(iii) Whether the offense is part of a
pattern of repeated violations of Federal
law.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
981(a)(1)(A) of title 18, United States Code, is amended
by striking ‘‘of section 5313(a) or 5324(a) of title 31, or’’.
(2) Section 982(a)(1) of title 18, United States Code,
is amended by striking ‘‘of section 5313(a), 5316, or 5324
of title 31, or’’.
SEC. 103. INTERSTATE CURRENCY COURIERS.
Section 1957 of title 18, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(g) Any person who conceals more than $10,000 in
currency on his or her person, in any vehicle, in any com-
partment or container within any vehicle, or in any con-
tainer placed in a common carrier, and transports, at-
tempts to transport, or conspires to transport such currency
in interstate commerce on any public road or highway or
on any bus, train, airplane, vessel, or other common carrier,
knowing that the currency was derived from some form of
unlawful activity, or knowing that the currency was in-
tended to be used to promote some form of unlawful activity,
shall be punished as provided in subsection (b). The defend-
ant’s knowledge may be established by proof that the defend-
ant was willfully blind to the source or intended use of the
currency. For purposes of this subsection, the concealment
of currency on the person of any individual includes con-
cealment in any article of clothing worn by the individual
or in any luggage, backpack, or other container worn or
carried by such individual.’’.
SEC. 104. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) SCIENTER REQUIREMENT FOR SECTION 1960 VIO-
LATION.—Section 1960 of title 18, United States Code, is
amended to read as follows:
‘‘§ 1960. Prohibition of unlicensed money transmitting
businesses
‘‘(a) Whoever knowingly conducts, controls, manages,
supervises, directs, or owns all or part of an unlicensed
money transmitting business, shall be fined in accordance
with this title or imprisoned not more than 5 years, or both.
‘‘(b) As used in this section—
‘‘(1) the term ‘unlicensed money transmitting
business’ means a money transmitting business which
affects interstate or foreign commerce in any manner
or degree and—
‘‘(A) is operated without an appropriate
money transmitting license in a State where
such operation is punishable as a misdemeanor
or a felony under State law, whether or not the
defendant knew that the operation was required
to be licensed or that the operation was so pun-
ishable;
‘‘(B) fails to comply with the money trans-
mitting business registration requirements under
section 5330 of title 31, United States Code, or
regulations prescribed under such section; or
‘‘(C) otherwise involves the transportation
or transmission of funds that are known to the
defendant to have been derived from a criminal
offense or are intended to be used to be used to
promote or support unlawful activity;
‘‘(2) the term ‘money transmitting’ includes
transferring funds on behalf of the public by any and
all means including but not limited to transfers with-
in this country or to locations abroad by wire, check,
draft, facsimile, or courier; and
‘‘(3) the term ‘State’ means any State of the
United States, the District of Columbia, the Northern
Mariana Islands, and any commonwealth, territory,
or possession of the United States.’’.
(b) SEIZURE OF ILLEGALLY TRANSMITTED FUNDS.—
Section 981(a)(1)(A) of title 18, United States Code, is
amended by striking ‘‘or 1957’’ and inserting ‘‘, 1957 or
1960’’.
(c) CLERICAL AMENDMENT.—The table of sections for
chapter 95 of title 18, United States Code, is amended in
the item relating to section 1960 by striking ‘‘illegal’’ and
inserting ‘‘unlicensed’’.
SEC. 105. LONG-ARM JURISDICTION OVER FOREIGN MONEY
LAUNDERERS.
Section 1956(b) of title 18, United States Code, is
amended—
(1) by striking ‘‘(b) Whoever’’ and inserting
‘‘(b)(1) Whoever’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ‘‘subsection (a)(1) or (a)(3),’’ and
inserting ‘‘subsection (a)(1) or (a)(2) or section
1957,’’; and
(4) by adding at the end the following new para-
graphs:
‘‘(2) For purposes of adjudicating an action filed or
enforcing a penalty ordered under this section, the district
courts shall have jurisdiction over any foreign person, in-
cluding any financial institution authorized under the laws
of a foreign country, against whom the action is brought,
if—
‘‘(A) service of process upon such foreign person
is made under the Federal Rules of Civil Procedure
or the laws of the country where the foreign person is
found; and
‘‘(B) the foreign person—
‘‘(i) commits an offense under subsection (a)
involving a financial transaction that occurs in
whole or in part in the United States;
‘‘(ii) converts to such person’s own use
property in which the United States has an own-
ership interest by virtue of the entry of an order
of forfeiture by a court of the United States; or
‘‘(iii) is a financial institution that main-
tains a correspondent bank account at a finan-
cial institution in the United States.
‘‘(3) The court may issue a pretrial restraining order
or take any other action necessary to ensure that any bank
account or other property held by the defendant in the
United States is available to satisfy a judgment under this
section.’’.
‘‘(v) smuggling or export control viola-
tions involving munitions listed in the
United States Munitions List or tech-
nologies with military applications as de-
fined in the Commerce Control List of the
Export Administration Regulations; or
‘‘(vi) an offense with respect to which
the United States would be obligated by a
bilateral treaty either to extradite the al-
leged offender or to submit the case for pros-
ecution, if the offender were found within
the territory of the United States;’’; and
(2) in subparagraph (D)—
(A) by inserting ‘‘section 541 (relating to
goods falsely classified),’’ before ‘‘section 542’’;
(B) by inserting ‘‘section 922(1) (relating to
the unlawful importation of firearms), section
924(n) (relating to firearms trafficking),’’ before
‘‘section 956’’;
(C) by inserting ‘‘section 1030 (relating to
computer fraud and abuse),’’ before ‘‘1032’’;
(D) by inserting ‘‘any felony violation of
the Foreign Agents Registration Act of 1938, as
amended,’’ before ‘‘or any felony violation of the
Foreign Corrupt Practices Act’’; and
‘‘(i) the offense involves the manufacture,
importation, sale, or distribution of a controlled
substance (as such term is defined for the pur-
poses of the Controlled Substances Act), or any
other conduct described in section 1956(c)(7)(B),
‘‘(ii) the offense would be punishable within
the jurisdiction of the foreign nation by death or
imprisonment for a term exceeding one year, and
‘‘(iii) the offense would be punishable under
the laws of the United States by imprisonment
for a term exceeding one year if the act or activ-
ity constituting the offense had occurred within
the jurisdiction of the United States.’’.
SEC. 111. AVAILABILITY OF REPORTS RELATING TO COINS
AND CURRENCY RECEIVED IN NONFINANCIAL
TRADE OR BUSINESS.
(a) ACTION REQUIRED.—Before the end of the 6-month
period beginning on the date of the enactment of this Act,
the Secretary of the Treasury shall take such action and
establish such procedures as may be necessary and appro-
priate to make the information contained on returns filed
under section 6050I of the Internal Revenue Code of 1986
available through the Financial Crimes Enforcement Net-
work to government agencies in accordance with subsections
(l)(15) and (p)(4) of section 6103 of such Code and other
applicable laws.
(b) REPORT.—The Secretary of the Treasury shall sub-
mit a report to the Congress within 15 days after the end
of the 6-month period described in subsection (a) containing
a description of the actions of the Secretary pursuant to
such subsection, together with such recommendations for
legislative and administrative action as the Secretary may
determine to be appropriate to achieve the goal described
in such subsection.
SEC. 112. PENALTIES FOR VIOLATIONS OF GEOGRAPHIC
TARGETING ORDERS AND CERTAIN RECORD
KEEPING REQUIREMENTS.
(a) CIVIL PENALTY FOR VIOLATION OF TARGETING
ORDER.—Section 5321(a)(1) of title 31, United States
Code, is amended—
(1) by inserting ‘‘or order issued’’ after ‘‘sub-
chapter or a regulation prescribed’’; and
(2) by inserting ‘‘, or willfully violating a regu-
lation prescribed under section 21 of the Federal De-
posit Insurance Act or section 123 of Public Law 91–
508,’’ after ‘‘sections 5314 and 5315)’’.
(b) CRIMINAL PENALTIES FOR VIOLATION OF TAR-
GETING 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 regula-
tion prescribed’’; and
(B) by inserting ‘‘, or willfully violating a
regulation prescribed under section 21 of the
Federal Deposit Insurance Act or section 123 of
Public Law 91–508,’’ after ‘‘under section 5315
or 5324)’’;
(2) in subsection (b)—
(A) by inserting ‘‘or order issued’’ after
‘‘willfully violating this subchapter or a regula-
tion 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 TAR-
GETING ORDER OR CERTAIN RECORD KEEPING REQUIRE-
MENTS.—Section 5324(a) of title 31, United States Code,
is amended—
(1) by inserting a comma after ‘‘shall’’;
(2) by striking ‘‘section—’’ and inserting ‘‘sec-
tion, the reporting requirements imposed by any
order issued under section 5326, or the record keeping
requirements imposed by any regulation prescribed
under section 21 of the Federal Deposit Insurance Act
or section 123 of Public Law 91–508—’’; and
(3) in paragraphs (1) and (2), by inserting ‘‘, to
file a report required by any order issued under sec-
tion 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 Pub-
lic Law 91–508’’ after ‘‘regulation prescribed under
any such section’’ each place that term appears.
(d) INCREASE IN CIVIL PENALTIES FOR VIOLATION OF
CERTAIN RECORD KEEPING REQUIREMENTS.—
(1) FEDERAL DEPOSIT INSURANCE ACT.—Section
21(j)(1) of the Federal Deposit Insurance Act (12
U.S.C. 1829b(j)(1)) is amended by striking ‘‘$10,000’’
and inserting ‘‘the greater of—
‘‘(A) the amount (not to exceed $100,000)
involved in the transaction (if any) with respect
to which the violation occurred; or
‘‘(B) $25,000’’.
(2) PUBLIC LAW 91–508.—Section 125(a) of Pub-
lic Law 91–508 (12 U.S.C. 1955(a)) is amended by
striking ‘‘$10,000’’ and inserting ‘‘the greater of—
‘‘(1) the amount (not to exceed $100,000) in-
volved in the transaction (if any) with respect to
which the violation occurred; or
‘‘(2) $25,000’’.
(e) CRIMINAL PENALTIES FOR VIOLATION OF CERTAIN
RECORD KEEPING REQUIREMENTS.—
(1) SECTION 126.—Section 126 of Public Law
91–508 (12 U.S.C. 1956) is amended to read as fol-
lows:
‘‘SEC. 126. CRIMINAL PENALTY.
‘‘A person that willfully violates this chapter, section
21 of the Federal Deposit Insurance Act, or a regulation
prescribed under this chapter or that section 21, shall be
fined not more than $250,000, or imprisoned for not more
than 5 years, or both.’’.
(2) SECTION 127.—Section 127 of Public Law
91–508 (12 U.S.C. 1957) is amended to read as fol-
lows:
‘‘SEC. 127. ADDITIONAL CRIMINAL PENALTY IN CERTAIN
CASES.
‘‘A person that willfully violates this chapter, section
21 of the Federal Deposit Insurance Act, or a regulation
prescribed under this chapter or that section 21, while vio-
lating another law of the United States or as part of a pat-
tern of any illegal activity involving more than $100,000
in a 12-month period, shall be fined not more than
$500,000, imprisoned for not more than 10 years, or both.’’.
SEC. 113. EXCLUSION OF ALIENS INVOLVED IN MONEY
LAUNDERING.
(a) IN GENERAL.—Section 212 of the Immigration
and Nationality Act, as amended (8 U.S.C. 1182), is
amended in subsection (a)(2)—
(1) by redesignating subparagraphs (D), (E),
(F), (G), and (H) as subparagraphs (E), (F), (G),
(H), and (I), respectively; and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph (D):
‘‘(D) MONEY LAUNDERING ACTIVITIES.—
‘‘(i) IN GENERAL.—Any alien who the
consular officer or the Attorney General
knows or has reason to believe is or has been
engaged in activities which if engaged in
within the United States would constitute a
violation of the money laundering provi-
sions section 1956, 1957, or 1960 of title 18,
United States Code, or has knowingly as-
sisted, abetted, or conspired or colluded with
others in any such illicit activity is inad-
missible.