(B) by inserting after subsection (a) the
following new subsection:
‘‘(b) DOMESTIC
COIN
AND
CURRENCY
TRANS-
ACTIONS INVOLVING NONFINANCIAL TRADES OR BUSI-
NESSES.—No person shall for the purpose of evading the
report requirements of section 5332 or any regulation pre-
scribed under such section—
‘‘(1) cause or attempt to cause a nonfinancial
trade or business to fail to file a report required
under section 5332 or any regulation prescribed
under such section;
‘‘(2) cause or attempt to cause a nonfinancial
trade or business to file a report required under sec-
tion 5332 or any regulation prescribed under such
section that contains a material omission or
misstatement of fact; or
‘‘(3) structure or assist in structuring, or at-
tempt to structure or assist in structuring, any
transaction with 1 or more nonfinancial trades or
businesses.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—
(A) The heading for subsection (a) of sec-
tion 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 BUSI-
NESS.—
(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 sec-
tion 5313 and regulations prescribed under such sec-
tion.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—
(A) Section 5312(a)(3)(C) of title 31,
United States Code, is amended by striking
‘‘section 5316,’’ and inserting ‘‘sections 5332
and 5316,’’.
(B) Subsections (a) through (f) of section
5318 of title 31, United States Code, and sec-
tions 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 insti-
tutions’ each place such term appears.
(C) Section 981(a)(1)(A) of title 18,
United States Code, is amended by striking
‘5313(a) or 5324(a) of title 31,’ and inserting
‘5313(a) or 5332 of title 31, or subsection (a)
or (b) of section 5324 of such title,’.
(D) Section 982(a)(1) of title 18, United
States Code, is amended by inserting ‘5332,’
after ‘5313(a),’.
(d) REPEAL
OF DUPLICATE PROVISION.—Section
6050I of the Internal Revenue Code of 1986 is repealed.
(e) CLERICAL AMENDMENTS.—The tables of sections
for chapter 53 of title 31, United States Code, is amended
by inserting after the item relating to section 5331 the
following new item:
‘‘5332. Reports relating to coins and currency received in nonfinancial trade or
business.’’.
(2) INTERNAL REVENUE CODE OF 1986.—
(A) The table of sections for subpart B of
part III of subchapter A of chapter 61 of the
Internal Revenue Code of 1986 is amended by
striking the item relating to section 6050I.
(B)(i) Subsection (l) of section 6103 of
such Code is amended by striking paragraph
(15).
(ii) 
Subparagraph 
(A) 
of 
section
6103(p)(3) of such Code is amended by striking
‘‘(15),’’.
(iii) Paragraph (4) of section 6103(p) of
such Code is amended by striking in the mate-
rial preceding subparagraph (A) ‘‘(12)’’ and all
that follows through ‘‘(16)’’ and inserting
‘‘(12), or (16)’’.
(iv) Clause (ii) of section 6103(p)(4)(F) of
such Code is amended by striking ‘(14), or
(15)’’ and inserting ‘‘or (14)’’.
(C) Paragraph (2) of section 6721(e) of
such Code is amended—
(i) in subparagraph (A) by striking
‘‘6050I,’’ and by adding ‘‘or’’ at the end,
(ii) by striking ‘‘or’’ at the end of sub-
paragraph (B) and inserting ‘‘and’’, and
SEC. 29. 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
Deposit Insurance Act or section 123 of Public Law
91–508,’’ after ‘‘section 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 ‘‘willfully violating a regu-
lation prescribed under section 21 of the Fed-
eral 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 keep-
ing requirements imposed by any regulation pre-
scribed under section 21 of the Federal Deposit In-
surance Act or section 123 of Public Law 91–508—
’’; and
(3) in paragraphs (1) and (2), by inserting
‘‘, to file a report required by any order issued under
section 5326, or to maintain a record required pur-
suant to any regulation prescribed under section 21
of the Federal Deposit Insurance Act or section 123
of Public Law 91–508’’ after ‘‘regulation prescribed
under any such section’’ each place that term ap-
pears.
(d) INCREASE IN CIVIL PENALTIES FOR VIOLATION
OF CERTAIN RECORD KEEPING REQUIREMENTS.—
(1) FEDERAL DEPOSIT INSURANCE ACT.—Sec-
tion 21(j)(1) of the Federal Deposit Insurance Act
(12 U.S.C. 1829b(j)(1)) is amended by striking
‘‘$10,000’’ and inserting ‘‘the greater of—
‘‘(A) the amount (not to exceed $100,000)
involved in the transaction (if any) with respect
to which the violation occurred; or
‘‘(B) $25,000’’.
(2) PUBLIC
LAW
91–508.—Section 125(a) of
Public Law 91–508 (12 U.S.C. 1955(a)) is amended
by striking ‘‘$10,000’’ and inserting ‘‘the greater
of—
‘‘(1) the amount (not to exceed $100,000) in-
volved in the transaction (if any) with respect to
which the violation occurred; or
‘‘(2) $25,000.’’.
(e) CRIMINAL PENALTIES FOR VIOLATION OF CER-
TAIN 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
pattern of any illegal activity involving more than
$100,000 in a 12-month period, shall be fined not more
than $500,000, imprisoned for not more than 10 years,
or both.’’.
SEC. 30. EXCLUSION OF ALIENS INVOLVED IN MONEY
LAUNDERING.
(a) IN GENERAL.—Section 212 of the Immigration
and Nationality Act of 1952, as amended (8 U.S.C. 1182),
is amended in subsection (a)(2)—
(1) by redesignating subparagraphs (D), (E)
and (F) as subparagraphs (F), (G) and (I), respec-
tively; and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraphs:
‘‘(D) MONEY LAUNDERING ACTIVITIES.—
Any alien who the consular officer or the Attor-
ney General knows or has reason to believe—
‘‘(i) is or has been engaged in activi-
ties which if engaged in within the United
States would constitute a violation of the
money laundering provisions of title 18,
United States Code, Section 1956 or 1957,
or has been a knowing assister, abettor,
conspirator, or colluder with others in any
such illicit activity; or
‘‘(ii) is the spouse, son or daughter of
an alien inadmissible under clause (i), has,
within the previous five years, obtained any
financial or other benefit from such illicit
activity of that alien, and knew or reason-
(d) 
OBSTRUCTION
OF
JUSTICE.—Section
1510(b)(3)(B) of title 18, United States Code, is amended
by striking ‘‘or’’ the first time it appears and inserting
‘‘, a subpoena issued pursuant to 28 U.S.C. 1782, or’’.
(e) SUSPICIOUS ACTIVITY REPORTS.—Section 5319
of title 31, United States Code, is amended by striking
‘‘or 5316’’ and inserting ‘‘5316, or 5318’’.
SEC. 32. ADDITIONAL MINOR AMENDMENTS.
(a) 
RESTRAINT
OF
PROCEEDS
OF
FOREIGN
CRIME.—Section 981(b)(4) of title 18, United States
Code, is amended—
(1) by adding the following after subparagraph
(B):
‘‘(C) If property subject to restraint under
subparagraph (A) is located in more than one
district, a court in any district in which the
property is located may enter an order under
subparagraph (A) regarding property located in
that district and any other district.’’; and
(2) in subparagraph (A), by striking ‘‘an of-
fense that would give rise to the forfeiture of prop-
erty in the United States under this section or under
the Controlled Substances Act’’ and inserting ‘‘con-
duct that may be the basis for a forfeiture action
filed in a Federal court under this section or under
the Controlled Substances Act or that would be the
basis for a foreign forfeiture judgment enforceable in
the United States under 28 U.S.C. Section 2467,’’.
(b) VENUE FOR PRISONER CHALLENGES TO SEIZURE
OF CRIME PROCEEDS.—Section 983(e) of title 18, United
States Code, is amended—
(1) in paragraph (3), by adding the following at
the end: ‘‘If the person filing the motion was a de-
fendant in a criminal prosecution related to the sei-
zure of the property, the motion must be filed in the
district where such prosecution took place, or in the
district where the property was seized.’’; and
(2) by adding the following new paragraph at
the end:
‘‘(6) Any person entitled to written notice in an
judicial forfeiture proceeding under a civil forfeiture
statute who does not receive such notice may file a
motion to set aside the judgment of forfeiture with
respect to that person’s interest in the property in
accordance with the procedures for setting aside a
non-judicial forfeiture, as set forth in paragraphs (1)
through (5).’’.
(c) EFFECTIVE DATES.—
(1) The provisions of Section 983(e), United
States Code, shall apply to any motion to set aside
a declaration or judgment of forfeiture where such
motion is filed on or after August 23, 2000.
(2) The amendments to Section 981(e)(6) of
title 18, United States Code, made by Pub. L. 106–
185, 114 Stat. 202 (2000), relating to the restora-
tion of criminally derived property to crime victims,
shall apply to all cases pending on August 23, 2000,
or commenced thereafter, regardless of the date of
the offense or the date when the criminally derived
property was recovered.
(d) REAL PROPERTY.—Section 985(e) of title 18,
United States Code, is amended by striking ‘‘shall conduct
a prompt post-seizure hearing during which the property
owner shall have an opportunity to contest the basis for
the seizure’’ and inserting ‘‘shall afford the property
owner an opportunity for a prompt post-seizure hearing
to determine whether there was probable cause for the sei-
zure’’.
(e) 
JURISDICTION
OF
MAGISTRATES.—Section
636(a) of title 28, United States Code, is amended—
(1) in paragraph (4), by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (5), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) all powers and duties conferred or imposed
upon the courts by sections 983 and 985 of title 18,
United States Code, in connection with civil for-
feiture proceedings, but not including the conduct of
the trial.’’
(f) RULE 32.2.—Section 2461(c) of title 28, United
States Code, is amended by striking ‘‘ in accordance with
the procedures set forth in section 413 of the Controlled
Substances Act (21 U.S.C. 853), other than subsection (d)
of that section.’’ and inserting ‘‘in accordance with those
Rules. The procedures set forth in section 413 of the Con-
trolled Substances Act (21 U.S.C. 853), other than sub-
section (d) of that section, shall apply to all stages of the
criminal forfeiture proceeding.’’
(g) SECTION 3322.—Section 3322(a) of title 18,
United States Code, is amended by inserting the following
before the period: ‘‘, including, but not limited to, dis-
closing such information in a complaint, or in an applica-
tion for a seizure warrant or restraining order, or for use
at any trial or hearing.’’.
(h) 
CRIMINAL
INFORMATION.—Sections
983(a)(3)(B)(ii) and 983(a)(3)(C) are amended by strik-
ing ‘‘criminal indictment’’ each time it appears and insert-
ing ‘‘criminal indictment or information’’.
(i) SECTION 981.—Section 981 of title 18, United
States Code, is amended by adding the following after sub-
section (j):
‘‘(k) The procedural provisions of this section shall
apply to any civil forfeiture statute, as that term is defined
in Section 983(i).’’
(j) INCARCERATED PERSONS.—Section 983(a)(1)(F)
is amended by inserting the following before the period
at the end of the last sentence: ‘‘; nor shall the Govern-
ment be required to return property to a person who is
incarcerated’’.
SEC. 33. AVAILABILITY OF TAX RECORDS.
Section 6103(i)(1) of the Internal Revenue Code (26
U.S.C. 6103(i)(1)) is amended—
(1) in subparagraph (A)(i) by inserting ‘‘or re-
lated civil forfeiture’’ after ‘‘enforcement of a specifi-
cally designated Federal criminal statute’’; and
(2) in subparagraph (B)(iii) by inserting ‘‘or
civil forfeiture investigation or proceeding’’ after
‘‘Federal criminal investigation or proceeding’’.
SEC. 34. INVESTIGATIVE SUBPOENAS.
(a) IN GENERAL.—Chapter 46 of title 18, United
States Code, is amended by adding the following section
after section 986:
‘‘SEC. 987. INVESTIGATIVE SUBPOENAS.
‘‘(a) At any time before commencement of an action
brought under any civil forfeiture statute for the civil for-
feiture of any property, an attorney for the Government
may apply to a court of competent jurisdiction for an
order authorizing the issuance of a subpoena duces tecum
to produce books, records, and any other documents at
any place designated by the attorney for the Government.
‘‘(b) An application under this section shall include
a certification by the attorney for the Government that—
‘‘(1) the books, records, or other documents
sought are relevant to a legitimate civil forfeiture in-
vestigation being conducted by a Federal law en-
forcement agency; and
‘‘(2) the Government cannot obtain a grand
jury subpoena for such books, records, or other doc-
uments, and the reasons therefore.
‘‘(c) If the court finds that the requirements of sub-
section (b) are met, it shall issue a subpoena duces tecum
as provided in subsection (a).
‘‘(d) Any books, records, or other information ob-
tained pursuant to a subpoena issued under this section
shall be subject to the same conditions as govern matters
occurring before a grand jury under rule 6(e) of the Fed-
eral Rules of Criminal Procedure, and section 3322 of this
title.
‘‘(e) Upon commencement of an action for civil for-
feiture arising out of or relating to the investigation identi-
fied in subsection (b)(1), all parties to the proceeding shall
be notified of the issuance of any subpoena under this sec-
tion.
‘‘(f) Service of a subpoena under this section shall
be by certified mail. Records produced in response to such
a subpoena may be produced in person or by mail, com-
mon carrier, or such other method as may be agreed upon
by the attorney for the Government requesting the sub-
poena and the custodian of records. The attorney for the
Government may require the custodian of records to sub-
mit an affidavit certifying the authenticity and complete-
ness of the records and explaining the omission of any
record called for in the subpoena.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 46 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new item:
‘‘987. Investigative subpoenas.’’.
(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
in connection with a civil forfeiture investigation’’.
‘‘(d) OBSTRUCTION OF JUSTICE.—Section 1510(b) of
title 18, United States Code, is amended—
(1) in paragraph (b)(2), by inserting ‘‘or an in-
vestigative subpoena issued pursuant to section 987
of this title’’ after ‘‘grand jury subpoena’’; and
(2) in paragraph (b)(3)(C), by inserting ‘‘, an
investigative subpoena issued pursuant to section
987 of this title,’’ after ‘‘grand jury subpoena’’.
(e) RIGHT TO FINANCIAL PRIVACY ACT.—Section
3420(b)(1) of title 12, United States Code, is amended
by—
(1) inserting ‘‘, or an investigative subpoena
issued pursuant to section 987 of title 18,’’ after
‘‘grand jury subpoena’’; and
(2) inserting ‘‘or to the Government’’ after ‘‘to
the grand jury’’.
SEC. 35. COLLECTION OF CRIMINAL FORFEITURE JUDG-
MENT.
Section 413 of the Controlled Substances Act (21
U.S.C. 853) is amended by added the following subsection
after subsection (q):
‘‘(r) COLLECTION OF CRIMINAL FORFEITURE JUDG-
MENT.
‘‘In addition to the authority otherwise provided in
this section, an order of forfeiture may be enforced—
‘‘(1) in the manner provided for the collection
and payment of fines in subchapter B of chapter
229 of title 18, United States Code; or
‘‘(2) in the same manner as a judgment in a
civil action.’’.
SEC. 36. STANDING TO CONTEST FORFEITURE OF FUNDS
DEPOSITED INTO FOREIGN BANK THAT HAS A
CORRESPONDENT ACCOUNT IN THE UNITED
STATES.
Section 981 of title 18, United States Code, is
amended by adding the following after the last subsection:
‘‘(k) CORRESPONDENT BANK ACCOUNTS.—
‘‘(1) For the purpose of a forfeiture under this
section or under the Controlled Substances Act, if
funds are deposited into a dollar-denominated bank
account in a foreign financial institution, and that
foreign financial institution has a correspondent ac-
count with a financial institution in the United
States, the funds deposited into the foreign financial
institution (the respondent bank) shall be deemed to
have been deposited into the correspondent account
in the United States, and any restraining order, sei-
zure warrant, or arrest warrant in rem regarding
such funds may be served on the correspondent
bank, and funds in the correspondent account up to
the value of the funds deposited into the dollar-de-
nominated account in the foreign financial institu-
tion may be seized, arrested or restrained.
‘‘(2) In the circumstances where paragraph (1)
applies, if a forfeiture action is brought against the
funds that are seized, arrested, or restrained, it shall
not be necessary for the government to establish
that such funds are directly traceable to the funds
that were deposited into the respondent bank, nor
shall it be necessary for the Government to rely on
the application of section 984 of this title.
‘‘(3) If a forfeiture action is instituted against
funds seized, arrested or restrained pursuant to
paragraph (1), the owner of the funds, as that term
is defined in paragraph (4), may contest the for-
feiture by filing a claim pursuant to section 983 of
this title.
‘‘(4) For purposes of this subsection—
‘‘(A) except as provided in (C), the ‘owner
of the funds’ is the ‘owner,’ as that term is de-
fined in section 983(d)(6), whose funds were
deposited into the respondent bank;
‘‘(B) If the respondent bank received the
funds that are subject to forfeiture from an-
other respondent bank, the ‘owner of the funds’
is the ‘owner’ whose funds were deposited into
the first respondent bank, and each inter-
mediary financial institution shall be deemed a
respondent bank;
‘‘(C) the respondent bank may be consid-
ered the ‘owner of the funds’ only if—
‘‘(i) the basis for the forfeiture action
is wrongdoing committed by the respond-
ent bank, or
‘‘(ii) the respondent bank establishes,
by a preponderance of the evidence, that
prior to the seizure or arrest of the funds,
the respondent bank discharged all or part
its obligation to the owner of the funds, in
which case the respondent bank will be
deemed the owner of the funds to the ex-
tent that such obligation was satisfied.
‘‘(D) In cases where (C) applies, only the
respondent bank may be considered to be the
‘owner of the funds’.
‘‘(5) In this section, ‘correspondent account’
has the same meaning as the term ‘interbank ac-
count’ as defined in 18 U.S.C. ‘‘984(c)(2)(B).’’.
SEC. 37. SUBPOENAS FOR RECORDS REGARDING FUNDS IN
CORRESPONDENT BANK ACCOUNTS.
(a) IN GENERAL.—Chapter 53 of title 31, United
States Code, is amended by inserting after section 5332
(as added by this Act) the following new section:
‘‘SEC. 5333. SUBPOENAS FOR RECORDS.
‘‘(a) CORRESPONDENT BANKS.—Any foreign finan-
cial institution that has a correspondent bank account at
a financial institution in the United States must designate
a person residing in the United States as a person author-
ized to accept a subpoena for bank records or other legal
process served on the foreign financial institution.
‘‘(b) DOMESTIC FINANCIAL INSTITUTIONS WITH
CORRESPONDENT BANKING RELATIONSHIPS.—Any finan-
cial institution in the United States that maintains a cor-
respondent bank account for a foreign financial institution
shall maintain records regarding the names and addresses
of the owners of the foreign financial institution, and the
name and address of the person who may be served with
a subpoena for records regarding any funds transferred
to or from the correspondent account. The U.S. financial
institution shall provide such names and addresses to a
Federal law enforcement officer within 7 days of the re-
ceipt of a request, in writing, for such records.
‘‘(c) SUBPOENA.—The Attorney General may issue
an administrative subpoena for records relating to the de-