[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1837 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1837
To combat money laundering and terrorist financing and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2003
Mr. Grassley introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To combat money laundering and terrorist financing and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Money Laundering and
Terrorist Financing Act of 2003''.
SEC. 2. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) RICO Definitions.--Section 1961(1) of title 18, United States
Code, is amended--
(1) in subparagraph (A), by inserting ``burglary,
embezzlement,'' after ``robbery,'';
(2) in subparagraph (B), by--
(A) inserting ``section 1960 (relating to illegal
money transmitters),'' before ``sections 2251'';
(B) striking ``1588'' and inserting ``1592'';
(C) inserting ``and 1470'' after ``1461-1465''; and
(D) inserting ``2252A,'' after ``2252,'';
(3) in subparagraph (D), by striking ``fraud in the sale of
securities'' and inserting ``fraud in the purchase or sale of
securities''; and
(4) in subparagraph (F), by inserting ``and 274A'' after
``274''.
(b) Monetary Investments.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by--
(1) inserting ``, or section 2339C (relating to financing
of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign
Corrupt Practices Act'' and inserting ``any felony violation of
the Foreign Corrupt Practices Act, or any violation of section
208 of the Social Security Act (42 U.S.C. 408) (relating to
obtaining funds through misuse of a social security number)''.
(c) Conforming Amendments.--
(1) Monetary instruments.--Section 1956(e) of title 18,
United States Code, is amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, with respect to the
offenses over which the Social Security Administration has
jurisdiction, as the Commissioner of Social Security may direct, and
with respect to offenses over which the United States Postal Service
has jurisdiction, as the Postmaster General may direct. The authority
under this subsection of the Secretary of the Treasury, the Secretary
of Homeland Security, the Commissioner of Social Security, and the
Postmaster General shall be exercised in accordance with an agreement
which shall be entered into by the Secretary of the Treasury, the
Secretary of Homeland Security, the Commissioner of Social Security,
the Postmaster General, and the Attorney General. Violations of this
section involving offenses described in subsection (c)(7)(E) may be
investigated by such components of the Department of Justice as the
Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.''.
(2) Property from unlawful activity.--Section 1957(e) of
title 18, United States Code, is amended to read as follows:
``(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General may
direct, and by such components of the Department of the Treasury as the
Secretary of the Treasury may direct, as appropriate, and, with respect
to offenses over which the Department of Homeland Security has
jurisdiction, by such components of the Department of Homeland Security
as the Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postmaster General. The authority under this subsection of the
Secretary of the Treasury, the Secretary of Homeland Security, and the
Postmaster General shall be exercised in accordance with an agreement
which shall be entered into by the Secretary of the Treasury, the
Secretary of Homeland Security, the Postmaster General, and the
Attorney General.''.
SEC. 3. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) Technical Amendments.--Section 1960 of title 18, United States
Code, is amended--
(1) in the caption by striking ``unlicensed'' and inserting
``illegal'';
(2) in subsection (a), by striking ``unlicensed'' and
inserting ``illegal'';
(3) in subsection (b)(1), by striking ``unlicensed'' and
inserting ``illegal''; and
(4) in subsection (b)(1)(C), by striking ``to be used to be
used'' and inserting ``to be used''.
(b) Prohibition of unlicensed money transmitting businesses.--
Section 1960(b)(1)(B) of title 18, United States Code, is amended by
inserting the following before the semicolon: ``, whether or not the
defendant knew that the operation was required to comply with such
registration requirements''.
(c) Authority To Investigate.--Section 1960 of title 18, United
States Code, is amended by adding at the end the following:
``(c) Violations of this section may be investigated by the
Attorney General, the Secretary of the Treasury, and the Secretary of
the Department of Homeland Security.''.
SEC. 4. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST FOREIGN
COUNTRIES OR INTERNATIONAL ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended
by--
(1) striking ``or'' at the end of clause (ii);
(2) striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) inserting after clause (iii) the following:
``(iv) of any individual, entity, or
organization engaged in planning or
perpetrating any act of international terrorism
(as defined in section 2331) against any
international organization (as defined in
section 209 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4309(b))) or
against any foreign government. Where the
property sought for forfeiture is located
beyond the territorial boundaries of the United
States, an act in furtherance of such planning
or perpetration must have occurred within the
jurisdiction of the United States.''.
SEC. 5. MONEY LAUNDERING THROUGH INFORMAL VALUE TRANSFER SYSTEMS.
Section 1956(a) of title 18, United States Code, is amended by
adding at the end the following:
``(4) A transaction described in paragraph (1) or a transportation,
transmission, or transfer described in paragraph (2) shall be deemed to
involve the proceeds of specified unlawful activity, if the
transaction, transportation, transmission, or transfer is part of a
single plan or arrangement whose purpose is described in either of
those paragraphs and one part of such plan or arrangement actually
involves the proceeds of specified unlawful activity.''.
SEC. 6. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.
(a) Concealment.--Section 2339C(c)(2) of title 18, United States
Code, is amended--
(1) by striking ``resources, or funds'' and inserting
``resources, or any funds or proceeds of such funds'';
(2) in subparagraph (A), by striking ``were provided'' and
inserting ``are to be provided, or knowing that the support or
resources were provided,''; and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such funds'';
and
(B) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing
that the funds were provided or collected,''.
(b) Definitions.--Section 2339C(e) is amended by--
(1) striking ``and'' at the end of paragraph (12);
(2) redesignating paragraph (13) as paragraph (14); and
(3) inserting after paragraph (12) the following new
paragraph:
``(13) the term `material support or resources' has the
same meaning as in section 2339A(b) of this title; and''.
(c) International Terrorism.--Section 2332b(g)(5)(B) of title 18,
United States Code, is amended by inserting ``)'' after ``2339C
(relating to financing of terrorism''.
SEC. 7. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Criminal Forfeiture.--Section 982(b) of title 18, United States
Code, is amended in subsection (b)(2), by striking ``The substitution''
and inserting ``With respect to a forfeiture under subsection (a)(1),
the substitution''.
(b) Technical Amendments to Sections 1956 and 1957.--
(1) Unlawful activity.--Section 1956(c)(7)(F) of title 18,
United States Code, is amended by inserting ``, as defined in
section 24'' before the period.
(2) Property from unlawful activity.--Section 1957 of title
18, United States Code, is amended--
(A) in subsection (a), by striking ``engages or
attempts to engage in'' and inserting ``conducts or
attempts to conduct''; and
(B) in subsection (f), by inserting the following
after paragraph (3):
``(4) the term `conducts' has the same meaning as it does
for purposes of section 1956 of this title.''.
(c) 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 section 1782 of
title 28, or''.
SEC. 8. EXTENSION OF THE MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY
ACT OF 1998.
(a) Transmittal to Congress.--Section 5341(a)(2) of title 31,
United States Code, is amended by striking ``and 2003'' and inserting
``2003, 2004, 2005, and 2006''.
(b) Authorization of Appropriations.--Section 5355 of title 31,
United States Code is amended by inserting after the item for fiscal
year 2003 the following:
``2004.........................
$15,000,000
``2005.........................
$15,000,000
``2006.........................
$15,000,000.''.
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