H. R. 4818—434
SEC. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the House Committee on Financial Services and the
Senate Committee on Banking, Housing, and Urban Affairs.
SEC. 218. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Com-
mittee on Banking, Housing, and Urban Affairs; the House Com-
mittee on Appropriations; and the Senate Committee on Appropria-
tions.
SEC. 219. Section 101(f) of the Treasury Department Appropria-
tions Act, 1997 (division A of Public Law 104–208), as amended,
is further amended by striking ‘‘hereby’’ and ‘‘until October 1,
2004,’’ and inserting ‘‘Hereafter’’ before the phrase ‘‘there is estab-
lished’’.
SEC. 220. (a) Section 3333 of title 31, United States Code,
is amended as follows:
(1) By revising paragraph (a)(1) to read as follows:
‘‘(a)(1) The Secretary of the Treasury is not liable for a payment
made by the Secretary or depositary in due course and without
negligence, of—
‘‘(A) a check, draft, or warrant drawn on the Treasury
or the depositary;
‘‘(B) an electronic payment issued by the Treasury or the
depositary; and
‘‘(C) a debt obligation guaranteed or assumed by the United
States Government.’’;
(2) By inserting after paragraph (a)(2) the following new para-
graph:
‘‘(3) The amount of the relief shall be charged to the Check
Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment
of a loss for which replacement is made out of the fund shall
be credited to the fund and is available for the purposes for which
the fund was established.’’.
(b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall
be available to fund amounts relating to the payment of items
listed in 31 U.S.C. 3333(a)(1), as amended above, prior to the
enactment of this Act.
SEC. 221. Not later than 60 days after enactment of this Act,
the Secretary of the Treasury shall submit to the Committees
on Appropriations a report describing how statutory provisions
addressing currency manipulation by America’s trading partners
contained in, and relating to, title 22 U.S.C. 5304, 5305, and 286y
can be better clarified administratively to provide for improved
and more predictable evaluation, and to enable the problem of
currency manipulation to be better understood by the American
people and the Congress.
SEC. 222. TERRORISM AND FINANCIAL INTELLIGENCE. (a) IN GEN-
ERAL.—Subchapter I of chapter 3 of title 31, United States Code,
is amended by adding at the end the following:
H. R. 4818—435
‘‘§ 313. Terrorism and financial intelligence
‘‘(a) OFFICE
OF TERRORISM
AND FINANCIAL INTELLIGENCE.—
‘‘(1) ESTABLISHMENT.—There is established within the
Department of the Treasury the Office of Terrorism and Finan-
cial Intelligence (in this section referred to as ‘OTFI’), which
shall be the successor to any such office in existence on the
date of enactment of this section.
‘‘(2) LEADERSHIP.—
‘‘(A) UNDERSECRETARY.—There is established within
the Department of the Treasury, the Office of the Undersec-
retary for Terrorism and Financial Crimes, who shall serve
as the head of the OTFI, and shall report to the Secretary
of the Treasury through the Deputy Secretary of the
Treasury. The Office of the Undersecretary for Terrorism
and Financial Crimes shall be the successor to the Office
of the Undersecretary for Enforcement.
‘‘(B) APPOINTMENT.—The Undersecretary for Terrorism
and Financial Crimes shall be appointed by the President,
by and with the advice and consent of the Senate.
‘‘(3) ASSISTANT SECRETARY FOR TERRORIST FINANCING.—
‘‘(A) ESTABLISHMENT.—There is established within the
OTFI the position of Assistant Secretary for Terrorist
Financing.
‘‘(B) APPOINTMENT.—The Assistant Secretary for Ter-
rorist Financing shall be appointed by the President, by
and with the advice and consent of the Senate.
‘‘(C) DUTIES.—The Assistant Secretary for Terrorist
Financing shall be responsible for formulating and coordi-
nating the counter terrorist financing and anti-money laun-
dering efforts of the Department of the Treasury, and shall
report directly to the Undersecretary for Terrorism and
Financial Crimes.
‘‘(4) FUNCTIONS.—The functions of the OTFI include pro-
viding policy, strategic, and operational direction to the Depart-
ment on issues relating to—
‘‘(A) implementation of titles I and II of the Bank
Secrecy Act;
‘‘(B) United States economic sanctions programs;
‘‘(C) combating terrorist financing;
‘‘(D) combating financial crimes, including money laun-
dering, counterfeiting, and other offenses threatening the
integrity of the banking and financial systems;
‘‘(E) other enforcement matters;
‘‘(F) those intelligence analysis and coordination func-
tions described in subsection (b); and
‘‘(G) the security functions and programs of the Depart-
ment of the Treasury.
‘‘(5) REPORTS TO CONGRESS ON PROPOSED MEASURES.—The
Undersecretary for Terrorism and Financial Crimes and the
Assistant Secretary for Terrorist Financing shall report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives not later than 72 hours after proposing
by rule, regulation, order, or otherwise, any measure to reorga-
nize the structure of the Department for combatting money
laundering and terrorist financing, before any such proposal
becomes effective.
H. R. 4818—436
‘‘(6) OTHER
OFFICES
WITHIN
OTFI.—Notwithstanding any
other provision of law, the following offices of the Department
of the Treasury shall be within the OTFI:
‘‘(A) The Office of the Assistant Secretary for Intel-
ligence and Analysis, which shall report directly to the
Undersecretary for Terrorism and Financial Crimes.
‘‘(B) The Office of the Assistant Secretary for Terrorist
Financing, which shall report directly to the Undersecre-
tary for Terrorism and Financial Crimes.
‘‘(C) The Office of Foreign Assets Control (in this sec-
tion referred to as the ‘OFAC’), which shall report directly
to the Undersecretary for Terrorism and Financial Crimes.
‘‘(D) The Executive Office for Asset Forfeiture, which
shall report to the Undersecretary for Terrorism and Finan-
cial Crimes.
‘‘(E) The Office of Intelligence and Analysis (in this
section referred to as the ‘OIA’), which shall report to
the Assistant Secretary for Intelligence and Analysis.
‘‘(F) The Office of Terrorist Financing, which shall
report to the Assistant Secretary for Terrorist Financing.
‘‘(7) FINCEN.—
‘‘(A) REPORTING TO UNDERSECRETARY.—The Financial
Crimes Enforcement Network (in this section referred to
as ‘FinCEN’), a bureau of the Department of the Treasury,
shall report to the Undersecretary for Terrorism and Finan-
cial Crimes. The Undersecretary for Terrorism and Finan-
cial Crimes may not redelegate its reporting authority over
FinCEN.
‘‘(B) OFFICE
OF
COMPLIANCE.—There is established
within FinCEN, an Office of Compliance.
‘‘(b) OFFICE OF INTELLIGENCE AND ANALYSIS.—
‘‘(1) ASSISTANT SECRETARY FOR INTELLIGENCE AND ANAL-
YSIS.—The Assistant Secretary for Intelligence and Analysis
shall head the OIA.
‘‘(2) RESPONSIBILITIES.—The OIA shall be responsible for
the receipt, analysis, collation, and dissemination of intelligence
and counterintelligence information related to the operations
and responsibilities of the entire Department of the Treasury,
including all components and bureaus of the Department.
‘‘(3) PRIMARY FUNCTIONS.—The primary functions of the
OIA are—
‘‘(A) to build a robust analytical capability on terrorist
finance by coordinating and overseeing work involving
intelligence analysts in all components of the Department
of the Treasury, focusing on the highest priorities of the
Department, as well as ensuring that the existing intel-
ligence needs of the OFAC and FinCEN are met; and
‘‘(B) to provide intelligence support to senior officials
of the Department on a wide range of international eco-
nomic and other relevant issues.
‘‘(4) OTHER FUNCTIONS AND DUTIES.—The OIA shall—
‘‘(A) carry out the intelligence support functions that
are assigned, to the Office of Intelligence Support under
section 311 (pursuant to section 105 of the Intelligence
Authorization Act for Fiscal Year 2004);
‘‘(B) serve in a liaison capacity with the intelligence
community; and