Combating Terrorism Financing Act of 2005 - 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 (RICO) 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 RICO to make receiving military-type training from a foreign terrorist organization a predicate offense to violation of money laundering provisions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3007 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3007
To combat terrorism financing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 21, 2005
Ms. Hart introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
International Relations, 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
2005''.
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''; and
(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. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO THE USA PATRIOT
ACT.
(a) Technical Corrections.--
(1) Section 322 of Public Law 107-56 is amended by striking
``title 18'' and inserting ``title 28''.
(2) Section 5332(a)(1) of title 31, United States Code, is
amended by striking ``article of luggage'' and inserting
``article of luggage or mail''.
(3) Section 1956(b)(3) and (4) of title 18, United States
Code, are amended by striking ``described in paragraph (2)''
each time it appears.
(4) 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
aforesaid acts''.
(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. 7. TECHNICAL CORRECTIONS TO FINANCING OF TERRORISM STATUTE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended
by inserting ``)'' after ``2339C (relating to financing of terrorism''.
SEC. 8. CROSS REFERENCE CORRECTION.
Section 5318(n)(4)(A) of title 31, United States Code, is amended
by striking ``National Intelligence Reform Act of 2004'' and inserting
``Intelligence Reform and Terrorism Prevention Act of 2004''.
SEC. 9. AMENDMENT TO AMENDATORY LANGUAGE.
Section 6604 of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended [,effective on the date of the enactment of that
Act]--
(1) by striking ``Section 2339c(c)(2)'' and inserting
``Section 2339C(c)(2)''; and
(2) by striking ``Section 2339c(e)'' and inserting
``Section 2339C(e)''.
SEC. 10. DESIGNATION OF ADDITIONAL MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended--
(1) by inserting ``, or section 2339D (relating to
receiving military-type training from a foreign terrorist
organization)'' after ``section 2339A or 2339B (relating to
providing material support to terrorists)''; and
(2) by striking ``or'' before ``section 2339A or 2339B''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, 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 Committee on International Relations, 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 Committee on International Relations, 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 Crime, Terrorism, and Homeland Security.
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