quest that adequately identifies such foreign record, at-
tests that—
‘‘(1) such record was made, at or near the time
of the occurrence of the matters set forth, by (or
from information transmitted by) a person with
knowledge of those matters;
‘‘(2) such record was kept in the course of a
regularly conducted business activity;
‘‘(3) the business activity made such a record
as a regular practice; and
‘‘(4) if such record is not the original, such
record is a duplicate of the original; unless the
source of information or the method or cir-
cumstances of preparation indicate lack of trust-
worthiness.
‘‘(b) A foreign certification under this section shall
authenticate such record or duplicate.
‘‘(c) As soon as practicable after a responsive plead-
ing has been filed, a party intending to offer in evidence
under this section a foreign record of regularly conducted
activity shall provide written notice of that intention to
each other party. A motion opposing admission in evidence
of such record shall be made by the opposing party and
determined by the court before trial. Failure by a party
to file such motion before trial shall constitute a waiver
of objection to such record or duplicate, but the court for
cause shown may grant relief from the waiver.
‘‘(d) As used in this section—
‘‘(1) the term ‘foreign record of regularly con-
ducted activity’ means a memorandum, report,
record, or data compilation, in any form, of acts,
events, conditions, opinions, or diagnoses, main-
tained in a foreign country;
‘‘(2) the term ‘foreign certification’ means a
written declaration made and signed in a foreign
country by the custodian of a record of regularly
conducted activity or another qualified person, that
if falsely made, would subject the maker to criminal
penalty under the law of that country;
‘‘(3) the term ‘business’ includes business, insti-
tution, association, profession, occupation, and call-
ing of every kind whether or not conducted for prof-
it; and
‘‘(4) the term ‘official request’ means a letter
rogatory, a request under an agreement, treaty or
convention, or any other request for information or
evidence made by a court of the United States or an
authority of the United States having law enforce-
ment responsibility to a court or other authority of
a foreign country.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 163 of title 28, United States
Code, is amended by inserting at the end the following
new item:
‘‘2466. Foreign records.’’.
SEC. 12. CHARGING MONEY LAUNDERING AS A COURSE OF
CONDUCT.
Section 1956(h) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Any person’’;
and
(2) by adding at the end the following:
‘‘(2) Any person who commits multiple violations of
this section or section 1957 that are part of the same
scheme or continuing course of conduct may be charged,
at the election of the Government, in a single count in
an indictment or information.’’.
SEC. 13. VENUE IN MONEY LAUNDERING CASES.
Section 1956 of title 18, United States Code, is
amended, by adding at the end the following subsection:
‘‘(i) VENUE.—(1) Except as provided in paragraph
(2), a prosecution for an offense under this section or sec-
tion 1957 may be brought in any district in which the
financial or monetary transaction is conducted, or where
a prosecution for the underlying specified unlawful activity
could be brought.
‘‘(2) A prosecution for an attempt or conspiracy of-
fense under this section or section 1957 may be brought
in the district where venue would lie for the completed of-
fense under paragraph (1), or in any other district where
an act in furtherance of the attempt or conspiracy took
place.’’.
SEC. 14. TECHNICAL AMENDMENT TO RESTORE WIRETAP
AUTHORITY FOR CERTAIN MONEY LAUNDER-
ING OFFENSES.
Section 2516(1)(g) of title 18, United States Code,
is amended by striking ‘‘a violation of section 5322 of title
31, United States Code (dealing with the reporting of cur-
rency transactions)’’ and inserting ‘‘a violation of section
5322 or 5324 of title 31, United States Code (dealing with
the reporting and illegal structuring of currency trans-
actions)’’.
SEC. 15. KNOWLEDGE THAT THE PROPERTY IS THE PRO-
CEEDS OF A FELONY.
Section 1956(c)(1) of title 18, United States Code,
is amended by inserting ‘‘, and regardless of whether or
not the person knew that the activity constituted a felony’’
before the semicolon at the end.
SEC. 16. MONEY PURCHASED ON THE BLACK MARKET.
(a) IN GENERAL.—Section 981(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(3) A person asserting an innocent owner defense
under paragraph (2), or any other provision of law, in cur-
rency, monetary instruments or funds purchased from a
money broker must be a bona fide purchaser for value
without reason to know that the currency, monetary in-
struments or funds were subject to forfeiture, and must
establish that such person took all reasonable affirmative
steps to determine the source of the currency, monetary
instruments or funds, or to verify that the currency, mone-
tary instruments or funds were not derived from illegal
activity.
‘‘(4) For purposes of paragraph (3)—
‘‘(A) the term ‘money broker’ means any person
who sells or exchanges currency, monetary instru-
ments or funds, either in the United States or in a
foreign country, either independently, or through
any parallel market, black market, casa de cambio,
or other currency exchange business; and
‘‘(B) what constitutes ‘all reasonable affirma-
tive steps’ depends on the facts and circumstances
surrounding the transaction, but if the money broker
is a financial institution, as defined in section 20 of
this title, the purchaser takes ‘all reasonable affirm-
ative steps’ if the purchaser conducts the transaction
at the financial institution during normal business
hours in an arms-length transaction and has no rea-
son to know that the currency, monetary instru-
ments, or funds were derived from or used to com-
mit any unlawful activity.’’.
(b) APPLICATION.—The amendments made by this
section shall apply to any case pending on the effective
date of this Act.
SEC. 17. ASSET FORFEITURE TRANSFERS.
Section 511(e)(1)(E)(iii) of the Controlled Sub-
stances Act (21 U.S.C. 881(e)(1)(E)(iii)) is amended by
inserting ‘‘, or to a country that has not been so certified,
if the Secretary of State finds that transfer to be in the
national interest’’ before the period.
SEC. 18. RECEIPT AND DEPOSIT AMENDMENT.
The United States Sentencing Commission shall
amend or promulgate sentencing guidelines to provide that
the sentence for an offense under section 1957 of title 18,
United States Code, if the transaction in criminally de-
rived property consists of a deposit of that property in
a financial institution without any intent to disguise or
conceal the nature, location, source, ownership, or control
of such proceeds, shall not exceed the sentence for the of-
fense giving rise to such property by more than one of-
fense level.
SEC. 19. COVERAGE OF FOREIGN BANK BRANCHES IN THE
TERRITORIES.
Section 20(9) of title 18, United States Code, is
amended by inserting ‘‘, except that, for purposes of the
application of that definition, the term ‘State’ as used in
such Act includes a commonwealth, territory, or posses-
sion of the United States’’ after ‘‘Banking Act of 1978’’.
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