H.R. 9133 — Introduced in House

I 117th CONGRESS 2d Session H. R. 9133 IN THE HOUSE OF REPRESENTATIVES October 4, 2022Mr. 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 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. 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. 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. 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. 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.