Combating Terrorism Financing Act of 2003 - Amends the International Emergency Economic Powers Act to increase penalties for violating a license, order, or regulation under the Act.
Amends the Racketeer Influenced and Corrupt Organizations Act to expand its scope to include offenses relating to the financing of terrorism and violations of the Social Security Act relating to obtaining funds through the misuse of a social security number. Authorizes the Department of Homeland Security to investigate violations of money laundering and related offenses. Directs that a transaction or transfer of funds be considered to involve the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions involving such proceeds.
Amends the Federal criminal code to: (1) provide for civil forfeiture to the United States of the assets of any individual or organization engaged in planning or perpetrating an act of international terrorism against any international organization or against any foreign government; and (2) establish procedures for contesting the confiscation of assets of suspected international terrorists.
Amends the USA PATRIOT Act of 2001 to authorize the Secretary of the Treasury, in any judicial review of a finding of the existence of a primary money laundering concern the designation of which was based on classified information, to submit such information to the reviewing court ex parte and in camera.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3016 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3016
To combat terrorism financing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 5, 2003
Ms. Hart introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
International Relations and 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 combat terrorism 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 Terrorism Financing Act of
2003''.
SEC. 2. INCREASED PENALTIES FOR TERRORISM FINANCING.
Section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) is amended--
(1) in subsection (a), by deleting ``$10,000'' and
inserting ``$50,000''.
(2) in subsection (b), by deleting ``ten years'' and
inserting ``twenty years''.
SEC. 3. TERRORISM-RELATED SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) Amendments to RICO.--Section 1961(1) of title 18, United States
Code, is amended--
(1) in subparagraph (B), by inserting ``section 1960
(relating to illegal money transmitters),'' before ``sections
2251''; and
(2) in subparagraph (F), by inserting ``section 274A
(relating to unlawful employment of aliens),'' before ``section
277''.
(b) Amendments to Section 1956(c)(7).--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 (relating to obtaining funds
through misuse of a social security number)''.
(c) Conforming Amendments to Sections 1956(e) and 1957(e).--
(1) 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, and, with respect to
offenses over which the United States Postal Service has jurisdiction,
by the Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service 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 Postal Service, and the Attorney General. Violations of this
section involving offenses described in paragraph (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) 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 Postal Service. Such authority of the Secretary of the Treasury,
the Secretary of Homeland Security, and the Postal Service 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 Postal Service, and the Attorney General.''.
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--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting the following after clause (iii):
``(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 HAWALAS.
Section 1956 of title 18, United States Code, is amended by adding
at the end the following:
``(j)(1) For the purposes of subsections (a)(1) and (a)(2), a
transaction, transportation, transmission, or transfer of funds shall
be considered to be one involving the proceeds of specified unlawful
activity, if the transaction, transportation, transmission, or transfer
is part of a set of parallel or dependent transactions, any one of
which involves the proceeds of specified unlawful activity.
``(2) As used in this section, a `dependent transaction' is one
that completes or complements another transaction or one that would not
have occurred but for another transaction.''.
SEC. 6. CLASSIFIED INFORMATION IN MONEY LAUNDERING PROCEEDINGS.
Section 5318A of title 31, United States Code (as added by section
311 of the USA PATRIOT Act of 2001) is amended by adding at the end the
following new subsection:
``(f) Classified Information.--In any judicial review of a finding
of the existence of a primary money laundering concern, or the
requirement for one or more special measures with respect to a primary
money laundering concern, made under this section, if the designation
or imposition or both were based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act), such
information may be submitted by the Secretary to the reviewing court ex
parte and in camera. This subsection does not confer or imply any right
to judicial review of any finding made or requirement imposed under
this section.''.
SEC. 7. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT
ACT.
(a) Technical Corrections.--
(1) Sections 5312(a)(3)(C) and 5324(b) of title 31 are
amended by striking ``5333'' each time it appears and inserting
``5331''.
(2) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(3) Section 5318(k)(1)(B) of title 31, United States Code,
is amended by striking ``5318A(f)(1)(B)'' and inserting
``5318A(e)(1)(B)''.
(4) Section 5332(a)(1) of title 31, United States Code, is
amended by striking ``article of luggage'' and inserting
``article of luggage or mail''.
(5) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears; and
(6) Section 981(k) of title 18, United States Code, is
amended by striking ``foreign bank'' each time it appears and
inserting ``foreign bank or financial institution''.
(b) Codification of Section 316 of the USA PATRIOT Act.--
(1) Chapter 46 of title 18, United States Code, is
amended--
(A) by inserting at the end the following:
``Sec. 987. Anti-terrorist forfeiture protection
``(a) Right to Contest.--An owner of property that is confiscated
under this chapter or any other provision of law relating to the
confiscation of assets of suspected international terrorists, may
contest that confiscation by filing a claim in the manner set forth in
the Federal Rules of Civil Procedure (Supplemental Rules for Certain
Admiralty and Maritime Claims), and asserting as an affirmative defense
that--
``(1) the property is not subject to confiscation under
such provision of law; or
``(2) the innocent owner provisions of section 983(d) apply
to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 983(i) shall not be
construed to deny an owner of property the right to contest the
confiscation of assets of suspected international terrorists
under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5, United
States Code (commonly known as the `Administrative
Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit
or otherwise affect any other remedies that may be available to
an owner of property under section 983 or any other provision
of law.''; and
(B) in the chapter analysis, by inserting at the
end the following:
``987. Anti-terrorist forfeiture protection.''.
(2) Subsections (a), (b), and (c) of section 316 of Public
Law 107-56 are repealed.
(c) Conforming Amendments Concerning Conspiracies.--
(1) Section 33(a) of title 18, United States Code is
amended by inserting ``or conspires'' before ``to do any of the
foregoing''.
(2) Section 1366(a) of title 18, United States Code, is
amended--
(A) by striking ``attempts'' each time it appears
and inserting ``attempts or conspires''; and
(B) by inserting ``, or if the object of the
conspiracy had been achieved,'' after ``the attempted
offense had been completed''.
SEC. 8. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.
(a) 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), 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) Section 2339C(e) is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by 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) Section 2332b(g)(5)(B) of title 18, United States Code, is
amended by inserting ``)'' after ``2339C (relating to financing of
terrorism''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on International Relations, and 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on International Relations, and 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on International Relations, and 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.
Referred to the Committee on the Judiciary, and in addition to the Committees on International Relations, and 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.
Referred to the Subcommittee on Financial Institutions and Consumer Credit.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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