Combating Money Laundering and Terrorist Financing Act of 2006

Section 1956(c)(7) of title 18, United States Code, is amended to read as follows:

(7) the term specified unlawful activity means—

(A) any act or activity constituting an offense in violation of the laws of the United States or any State punishable by imprisonment for a term exceeding 1 year; and

(B) any act or activity occurring outside of the United States that would constitute an offense covered under subparagraph (A) if the act or activity had occurred within the jurisdiction of the United States or any State;.

Section 1957 of title 18, United States Code, is amended—

(1) in the heading, by inserting or in support of criminal activity after specified unlawful activity;

(2) in subsection (a), by striking Whoever and inserting the following:

(1) Whoever; and

(3) by adding at the end the following:

(2) Whoever— shall be fined under this title, imprisoned for a term of years not to exceed the statutory maximum for the unlawful activity from which the property was derived or the unlawful activity being promoted, or both.

(A) in any of the circumstances set forth in subsection (d)—

(i) conducts or attempts to conduct a monetary transaction involving property of a value that is greater than $10,000; or

(ii) transports, attempts to transport, or conspires to transport property of a value that is greater than $10,000;

(B) in or affecting interstate commerce; and

(C) either—

(i) knowing that the property was derived from some form of unlawful activity; or

(ii) with the intent to promote the carrying on of specified unlawful activity;

The item relating to section 1957 in the table of sections for chapter 95 of title 18, United States Code, is amended to read as follows:

Section 986 of title 18, United States Code, is amended by adding at the end the following:

The Attorney General, the Secretary of the Treasury, or the Secretary of Homeland Security may issue a subpoena in any investigation of a violation of sections 1956, 1957 or 1960, or sections 5316, 5324, 5331 or 5332 of title 31, United States Code, in the manner set forth under section 3486.

Section 5318(k)(3)(A)(i) of title 31, United States Code, is amended—

(1) by striking related to such correspondent account;

(2) by striking or the Attorney General and inserting, the Attorney General, or the Secretary of Homeland Security; and

(3) by adding at the end the following:

In addition to a subpoena issued by the Attorney General, Secretary of the Treasury, or the Secretary of Homeland Security under clause (i), a subpoena under clause (i) includes a grand jury or trial subpoena requested by the Government.

Section 604(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)(1)) is amended—

(1) by striking or; and

(2) by inserting before the period the following:, or an investigative subpoena issued under section 5318 of title 31, United States Code.

Section 1510(b) of title 18, United States Code, is amended—

(1) in paragraph (2)(A), by inserting or an investigative subpoena issued under section 5318 of title 31, United States Code after grand jury subpoena; and

(2) in paragraph (3)(B), by inserting, an investigative subpoena issued under section 5318 of title 31, United States Code, after grand jury subpoena.

Section 1120 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3420) is amended—

(1) in subsection (a)(1), by inserting or to the Government after to the grand jury; and

(2) in subsection (b)(1), by inserting, or an investigative subpoena issued pursuant to section 5318 of title 31, United States Code, after grand jury subpoena.

Section 5316 of title 31, United States Code, is amended by adding at the end the following:

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 equal to the highest value of the funds in the account on which the monetary instrument is drawn during the time period the monetary instrument was being transported or the time period it was negotiated or was intended to be negotiated.

Section 5332(a) of title 31, United States Code, is amended—

(1) in subsection (b)(1), by striking 5 years and inserting 10 years; and

(2) by adding the end the following:

Violations of this section may be investigated by the Attorney General, the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service.

Section 1957(f) of title 18, United States Code, is amended—

(1) in paragraph (2) by striking and at the end;

(2) in paragraph (3), by striking the period and inserting a semicolon; and

(3) by adding at the end the following:

(4) the term monetary transaction in criminally derived property that is of a value greater than $10,000 includes—

(A) a monetary transaction involving the transfer, withdrawal, encumbrance or other disposition of more than $10,000 from a bank account in which more than $10,000 in proceeds of specified unlawful activity have been commingled with other funds;

(B) a series of monetary transactions in amounts under $10,000 that exceed $10,000 in the aggregate and that are closely related to each other in terms of such factors as time, the identity of the parties involved, the nature and purpose of the transactions, and the manner in which they are conducted; and

(C) any financial transaction covered under section 1956(j) that involves more than $10,000 in proceeds of specified unlawful activity; and

(5) the term monetary transaction involving property of a value that is greater than $10,000 includes a series of monetary transactions in amounts under $10,000 that exceed $10,000 in the aggregate and that are closely related to each other in terms of such factors as time, the identity of the parties involved, the nature and purpose of the transactions, and the manner in which they are conducted.

Section 1956 of title 18, United States Code, is amended by adding at the end the following:

Multiple violations of this section 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.

Section 1956(h) of title 18, United States Code, is amended by striking or section 1957 and inserting, section 1957, or section 1960.

Section 1960 of title 18, United States Code, is amended—

(A) in the heading by striking unlicensed and inserting illegal;

(B) in subsection (a), by striking unlicensed and inserting illegal;

(C) in subsection (b)(1), by striking unlicensed and inserting illegal; and

(D) in subsection (b)(1)(C), by striking to be used to be used and inserting to be used.

The item relating to section 1960 in the table of sections for chapter 95 of title 18, United States Code, is amended to read as follows:

Section 1960(b) of title 18, United States Code, is amended—

(1) in paragraph (2), by striking and at the end;

(2) in paragraph (3), by striking the period and inserting; and; and

(3) by adding at the end the following:

(4) the term business includes any person or association of persons, formal or informal, licensed or unlicenced, that provides money transmitting services on behalf of any third party in return for remuneration or other consideration.

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.

Section 1960 of title 18, United States Code, is amended by adding at the end the following:

Violations of this section may be investigated by the Attorney General, the Secretary of the Treasury, and the Secretary of Homeland Security.

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.

Section 1956(a) of title 18, United States Code, is amended—

(1) in paragraph (1)(B)(i), by striking specified unlawful activity and inserting some form of unlawful activity; and

(2) in paragraph (2)(B)(i), by striking specified unlawful activity and inserting some form of unlawful activity.

Section 1956(f)(1) of title 18, United States Code, is amended by inserting or has an effect in the United States after conduct occurs in part in the United States.

Section 474(a) of title 18, United States Code, is amended by inserting after the paragraph beginning Whoever has in his control, custody, or possession any plate the following: Whoever, with intent to defraud, has custody, control, or possession of any material that can be used to make, alter, forge, or counterfeit any obligation or other security of the United States or any part of such obligation or security, except under the authority of the Secretary of the Treasury; or.

Section 481 of title 18, United States Code, is amended by inserting after the paragraph beginning Whoever, with intent to defraud the following: Whoever, with intent to defraud, has custody, control, or possession of any material that can be used to make, alter, forge, or counterfeit any obligation or other security of any foreign government, bank, or corporation; or.

Section 470 of title 18, United States Code, is amended by striking or 474 and inserting 474, or 474A.

Section 474A(b) of title 18, United States Code, is amended by striking any essentially identical and inserting any thing or material made after or in the similitude of any.

Section 1956(c) of title 18, United States Code, is amended—

(1) in paragraph (2), by striking conducts and inserting conduct; and

(2) in paragraph (7)(F), by inserting, as defined in section 24(a) before the semicolon.

Section 1957 of title 18, United States Code, is amended—

(1) in subsection (a), by striking engages or attempts to engage in and inserting conducts or attempts to conduct; and

(2) in subsection (f)—

(A) in paragraph (2), by striking and at the end;

(B) in paragraph (3), by striking the period and inserting; and; and

(C) by adding at the end the following:

(4) the term conduct has the meaning given such term under section 1956(c)(2).