[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3747 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3747

 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

                           September 12, 2017

Mr. Gottheimer (for himself, Mr. Fitzpatrick, and Mr. Reed) 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

_______________________________________________________________________

                                 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 2017'' or the ``FASTER Act of 
2017''.

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.
    (c) Civil Penalties.--Any person violating the requirements of this 
section shall be subject to the same civil penalties provided for under 
section 5321 of title 31, United States Code, for violations of 
subchapter II of chapter 53 of such title (commonly known as the ``Bank 
Secrecy Act'').

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.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2019 through 2022 such sums as 
are necessary to carry out this section.

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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