[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9133 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9133
To require financial institutions to freeze the assets of individuals
arrested under suspicion of participating in domestic terrorism or
providing material support to terrorists, to establish a national
clearinghouse for information on incidents of homegrown ``lone wolf''
terrorism, domestic terrorism, and persons providing material support
to terrorists, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2022
Mr. Gottheimer (for himself and Mr. Fitzpatrick) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Financial Services, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
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A BILL
To require financial institutions to freeze the assets of individuals
arrested under suspicion of participating in domestic terrorism or
providing material support to terrorists, to establish a national
clearinghouse for information on incidents of homegrown ``lone wolf''
terrorism, domestic terrorism, and persons providing material support
to terrorists, 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 ``Freezing Assets of Suspected
Terrorists and Enemy Recruits Act of 2022'' or the ``FASTER Act of
2022''.
SEC. 2. FREEZING OF ASSETS OF DOMESTIC TERROR SUSPECTS.
(a) In General.--If an individual is arrested by a Federal law
enforcement agency (or by a State or local law enforcement agency and
subsequently turned over to a Federal law enforcement agency) under
suspicion of participating in domestic terrorism or providing material
support to terrorists, such Federal law enforcement agency shall notify
FinCEN of such arrest and, upon such notification, FinCEN shall order
each financial institution holding assets of the individual to freeze
such assets.
(b) Disposition of Assets.--
(1) Notice of freezing.--FinCEN shall, as soon as
practicable, but not later than 60 days after ordering a
financial institution to freeze an individual's assets under
subsection (a), notify such individual of such asset freezing.
(2) Right to contest.--
(A) In general.--A Federal district court of
competent jurisdiction shall, on motion by an
individual whose assets have been frozen under this
section, order the individual's assets unfrozen unless
the Government establishes by probable cause that such
assets are subject to seizure under this section.
(B) Representation.--
(i) In general.--If an individual whose
assets have been frozen under this section is
financially unable to obtain representation by
counsel with respect to the motion described
under subparagraph (A), the court may order the
individual's assets unfrozen in an amount
necessary to pay for such counsel, and such
unfrozen funds may only be used to pay for such
counsel.
(ii) Factors to consider.--In determining
whether to order the unfreezing of funds under
clause (i), a court shall take into account the
individual's standing to bring such a motion
and whether the motion appears to be made in
good faith.
(3) Unfreezing of property.--FinCEN shall order an
individual's assets unfrozen if--
(A) FinCEN does not provide the notice described
under paragraph (1) within 60 days of ordering the
assets frozen;
(B) a criminal indictment is not filed against the
individual with respect to participation in domestic
terrorism or providing material support to terrorists
within 90 days after FinCEN orders the assets frozen;
or
(C) the individual is tried for domestic terrorism
or providing material support to terrorists and is not
convicted.
(4) Confiscation upon conviction.--If an individual whose
assets have been frozen under this section is convicted of
domestic terrorism or providing material support to terrorists,
FinCEN shall--
(A) confiscate all such assets that were involved
in such crime, or that constitute or derive from
proceeds traceable to such crime, and may--
(i) distribute assets to victims of the
individual;
(ii) transfer assets to the Attorney
General for distribution to law enforcement for
counterterrorism purposes; or
(iii) use assets for such other purpose as
FinCEN determines appropriate; and
(B) order all other such assets unfrozen.
SEC. 3. NATIONAL HOMEGROWN TERRORISM INCIDENT CLEARINGHOUSE.
(a) In General.--The Director of the Federal Bureau of
Investigation (hereinafter in this section referred to as the
``Director'') shall establish and maintain a national clearinghouse for
information on incidents of homegrown ``lone wolf'' terrorism, domestic
terrorism, and a person providing material support to terrorists.
(b) Clearinghouse.--The clearinghouse established under subsection
(a) shall--
(1) accept, collect, and maintain information on incidents
described in subsection (a) that is submitted to the
clearinghouse by Federal, State, and local law enforcement
agencies, by law enforcement agencies of foreign countries, and
by victims of such incidents;
(2) collate and index such information for purposes of
cross-referencing;
(3) upon request from a Federal, State, or local law
enforcement agency or from a law enforcement agency of a
foreign country, provide such information to assist in the
investigation of an incident described in subsection (a); and
(4) provide all-source integrated analysis to other Federal
agencies and State and local law enforcement agencies.
(c) Scope of Information.--The information maintained by the
clearinghouse for each incident shall, to the extent practicable,
include--
(1) the date, time, and place of the incident;
(2) details of the incident;
(3) any available information on suspects or perpetrators
of the incident; and
(4) any other relevant information.
(d) Design of Clearinghouse.--The clearinghouse shall be designed
for maximum ease of use by participating law enforcement agencies.
(e) Publicity.--The Director shall publicize the existence of the
clearinghouse to law enforcement agencies by appropriate means.
(f) Resources.--In establishing and maintaining the clearinghouse,
the Director may--
(1) through the Attorney General, utilize the resources of
any other department or agency of the Federal Government; and
(2) accept assistance and information from private
organizations or individuals.
(g) Coordination.--The Director shall carry out the Director's
responsibilities under this section in cooperation with the Department
of Homeland Security, and such other agencies as may be necessary.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given that term under section 2331 of title 18,
United States Code.
(2) Financial institution.--The term ``financial
institution'' has the meaning given that term under section
5312 of title 31, United States Code.
(3) FinCEN.--The term ``FinCEN'' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
(4) Providing material support to terrorists.--The term
``providing material support to terrorists'' means the offense
described under section 2339A(a) of title 18, United States
Code.
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