S.Amdt. 1624

SA 1624. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch) to
the bill S. 744, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. TARGETING TRANSNATIONAL CRIMINAL ORGANIZATIONS THAT
ENGAGE IN MONEY LAUNDERING.

Section 1956(c)(7) of title 18, United States Code, is
amended--
(1) in subparagraph (E), by striking ``or'' after the
semicolon;
(2) in subparagraph (F), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(G) any act that is indictable under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), including section
274 of such Act (relating to bringing in and harboring
certain aliens), section 277 of such Act (relating to aiding
or assisting certain aliens to enter the United States), or
section 278 of such Act (relating to importation of an alien
for an immoral purpose);''.

SEC. ___. DANGEROUS HUMAN SMUGGLING, HUMAN TRAFFICKING, AND
HUMAN RIGHTS VIOLATIONS.

(a) Bringing in and Harboring Certain Aliens.--Section 274
(8 U.S.C. 1324) is amended--
(1) in subsection (a)(1)(B)--
(A) by redesignating clauses (iii) and (iv) as clauses (vi)
and (vii), respectively;
(B) by inserting after clause (ii) the following:
``(iii) in the case of a violation of subparagraph (A)(i),
(ii), (iii), (iv), or (v) that is the third or subsequent
offense committed by such person under this section, be fined
under title 18, United States Code, imprisoned not less than
5 years and not more than 25 years, or both;
``(iv) in the case of a violation of subparagraph (A)(i),
(ii), (iii), (iv), or (v) that negligently, recklessly,
knowingly, or intentionally results in a victim being
involuntarily forced into labor or prostitution, be fined
under title 18, United States Code, imprisoned not less than
5 years and not more than 25 years, or both;
``(v) in the case of a violation of subparagraph
(A)(i),(ii),(iii),(iv),or (v) during and in relation to which
any person is subjected to an involuntary sexual act (as
defined in section 2246(2) of title 18, United States Code),
be fined under title 18, United States Code, imprisoned for
not less than 5 years and not more than 25 years, or both;''
and
(C) in clause (vi), as redesignated, by striking inserting
``and not less than 10'' before ``years''; and
(2) by amending subsection (b)(1) to read as follows:
``(1) In general.--Any property, real or personal, involved
in or used to facilitate the commission of a violation or
attempted violation of subsection (a), the gross proceeds of
such violation or attempted violation, and any property
traceable to such property or proceeds, shall be seized and
subject to forfeiture.''.

SEC. ___. RESPECT FOR VICTIMS OF HUMAN SMUGGLING.

(a) Victim Remains.--The Attorney General shall appoint an
official to ensure that information regarding missing aliens
and unidentified remains found in the covered area are
included in a database of the National Missing and
Unidentified Persons System.
(b) Reimbursement.--The Secretary shall reimburse county,
municipal, and tribal governments in the United States that
are located in the covered area for costs associated with the
transportation and processing of unidentified remains, found
in the desert or on ranch lands, on the condition that the
remains are transferred either to an official medical
examiner's office, or a local university with the capacity to
analyze human remains using forensic best practices.
(c) Border Crossing Data.--The National Institute of
Justice shall encourage genetic laboratories receiving
Federal grant monies to process samples from unidentified
remains discovered within the covered area and compare the
resulting genetic profiles against samples from the relatives
of any missing individual, including those provided by
foreign consulates or authorized entities.
(d) Covered Area Defined.--In this section, the term
``covered area'' means the area of United States within 200
miles of the international border between the United States
and Mexico.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2014 through 2018 to carry out this section.

SEC. ___. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT.

(a) Short Title.--This section may be cited as the
``Putting the Brakes on Human Smuggling Act''.
(b) First Violation.--Paragraph (1) of section 31310(b) of
title 49, United States Code, is amended--
(1) in subparagraph (D), by striking the ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting a semicolon and ``or''; and
(3) by adding at the end the following:
``(F) using a commercial motor vehicle in willfully aiding
or abetting an alien's illegal entry into the United States
by transporting, guiding, directing, or attempting to assist
the alien with the alien's entry in violation of section 275
of the Immigration and Nationality Act (8 U.S.C. 1325),
regardless of whether the alien is ultimately fined or
imprisoned for an act in violation of such section.''.
(c) Second or Multiple Violations.--Paragraph (1) of
section 31310(c) of title 49, United States Code, is
amended--
(1) in subparagraph (E), by striking the ``or'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
(3) in subparagraph (G), as so redesignated, by striking
``(E)'' and inserting ``(F)''; and
(4) by inserting after subparagraph (E) the following:
``(F) using a commercial motor vehicle on more than one
occasion in willfully aiding or abetting an alien's illegal
entry into the United States by transporting, guiding,
directing and attempting to assist the alien

[[Page S5081]]

with alien's entry in violation of section 275 of the
Immigration and Nationality Act (8 U.S.C. 1325), regardless
of whether the alien is ultimately fined or imprisoned for an
act in violation of such section; or''.
(d) Lifetime Disqualification.--Subsection (d) of section
31310 of title 49, United States Code, is amended to read as
follows:
``(d) Lifetime Disqualification.--The Secretary shall
disqualify from operating a commercial motor vehicle for life
an individual who uses a commercial motor vehicle--
``(1) in committing a felony involving manufacturing,
distributing, or dispensing a controlled substance, or
possessing with the intent to manufacture, distribute, or
dispense a controlled substance; or
``(2) in committing an act for which the individual is
convicted under--
``(A) section 274 of the Immigration and Nationality Act (8
U.S.C. 1324); or
``(B) section 277 of such Act (8 U.S.C. 1327).''.
(e) Reporting Requirements.--
(1) Commercial driver's license information system.--
Paragraph (1) of section 31309(b) of title 49, United States
Code, is amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting a semicolon and ``and''; and
(C) by adding at the end the following new subparagraph:
``(G) whether the operator was disqualified, either
temporarily or for life, from operating a commercial motor
vehicle under section 31310, including under subsection
(b)(1)(F), (c)(1)(F), or (d) of such section.''.
(2) Notification by the state.--Paragraph (8) of section
31311(a) of title 49, United States Code, is amended by
inserting ``including such a disqualification, revocation,
suspension, or cancellation made pursuant to a
disqualification under subsection (b)(1)(F), (c)(1)(F), or
(d) of section 31310,'' after ``60 days,''.

SEC. ___. FREEZING BANK ACCOUNTS OF INTERNATIONAL CRIMINAL
ORGANIZATIONS AND MONEY LAUNDERERS.

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 subparagraph (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 where
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 such 30-day time period may be
extended for good cause shown at a hearing conducted in the
manner provided in Rule 43(e) of the Federal Rules of Civil
Procedure. The court may receive and consider evidence and
information submitted by the Government that would be
inadmissible 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 person has been
arrested or charged;
``(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, during the time needed by the Government to conduct
such investigation as may be necessary to establish whether
there is probable cause to believe 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 pursuant to
subparagraph (A) if a person is arrested or charged with any
offense for which forfeiture is authorized under this title,
title 31, or the Controlled Substances Act (21 U.S.C. 801 et
seq.).
``(D) For purposes of this section--
``(i) the term `account' includes any safe deposit box and
any account (as defined in paragraphs (1) and (2) of section
5318A(e) of title 31, United States Code) 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 which such person has effective control
as a signatory 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 service in accordance with any treaty or
other international agreement.''.

SEC. ___. CRIMINAL PROCEEDS LAUNDERED THROUGH PREPAID ACCESS
DEVICES, DIGITAL CURRENCIES, OR OTHER SIMILAR
INSTRUMENTS.

(a) In General.--Section 5312(a) of title 31, United States
Code, is amended--
(1) by striking paragraph (2)(K) and inserting the
following:
``(K) an issuer, redeemer, or cashier or travelers' checks,
checks, money orders, prepaid access devices, digital
currencies, or other similar instruments;'';
(2) in paragraph (3)(B), by inserting ``prepaid access
devices,'' after ``delivery,'';
(3) by redesignating paragraph (6) as paragraph (7); and
(4) by inserting after paragraph (5) the following:
``(6) `prepaid access device' means an electronic device or
vehicle, such as a card, plate, code, number, electronic
serial number, mobile identification number, personal
identification number, or other instrument that provides a
portal to funds or the value of funds that have been paid in
advance and can be retrievable and transferable at some point
in the future.''.
(b) Gao Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on--
(1) the impact the amendments made by subsection (a) has
had on law enforcement, the prepaid access industry, and
consumers; and
(2) the implementation and enforcement by the Department of
Treasury of the final rule on Definitions and Other
Regulations Relating to Prepaid Access (76 Fed. Reg. 45403),
issued July 26, 2011.
(c) Customs and Border Protection Strategy for Prepaid
Access Devices.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Commissioner responsible
for U.S. Customs and Border Protection, shall submit to
Congress a report detailing a strategy to interdict and
detect prepaid access devices, digital currencies, or other
similar instruments, at border crossings and other ports of
entry for the United States. The report shall include an
assessment of infrastructure needs to carry out the strategy
detailed in the report.

SEC. ___. FIGHTING MONEY SMUGGLING THROUGH BLANK CHECKS IN
BEARER FORM.

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 instrument in bearer
form that has the amount left blank, such that the amount
could be filled in by the bearer, 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 transported or
the time period it was negotiated or was intended to be
negotiated.''.

SEC. ___. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES
ENGAGED IN MONEY LAUNDERING.

(a) Proceeds 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.
(b) Intent to Conceal or Disguise.--Section 1956(a) of
title 18, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``(B) knowing that''
and all that follows through ``Federal law,'' and inserting
the following:
``(B) knowing that the transaction--
``(i) conceals or disguises, or is intended to conceal or
disguise, the nature, source, location, ownership, or control
of the proceeds of some form of unlawful activity; or
``(ii) avoids, or is intended to avoid, a transaction
reporting requirement under State or Federal law,''; and
(2) in paragraph (2)(B), by striking ``(B) knowing that''
and all that follows through ``Federal law,'' and inserting
the following:
``(B) knowing that the monetary instrument or funds
involved in the transportation, transmission, or transfer
represent the proceeds of some form of unlawful activity, and
knowing that such transportation, transmission, or transfer--
``(i) conceals or disguises, or is intended to conceal or
disguise, the nature, source, location, ownership, or control
of the proceeds of some form of unlawful activity; or
``(ii) avoids, or is intended to avoid, a transaction
reporting requirement under State or Federal law,''.

SEC. ___. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION;
EMERGENCY AUTHORITY.

(a) In General.--The United States Sentencing Commission
shall review and, if appropriate, amend the Federal
sentencing guidelines and policy statements as the Commission
considers appropriate to respond to this Act.
(b) Emergency Authority.--In carrying out subsection (a),
the Commission may promulgate amendments to the Federal
sentencing guidelines and policy statements in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note), as though the
authority under that Act had not expired.
______