Section 1 Short title
This Act may be cited as the “Combating Terrorist and Other Illicit Financing Act”.
Combating Terrorist and Other Illicit Financing Act
A BILL
To make updates to the National Strategy for Combating Terrorist and Other Illicit Financing, and for other purposes.
Sec. 2 Including of Tribal Governments and Territories in the High-risk money laundering and related financial crime areas
Findings— The Congress finds the following:
According to the Department of Justice, human trafficking is “a crime that involves exploiting a person for labor, services, or commercial sex”, a global illicit trade that is estimated by Global Financial Integrity to be valued at more than $150.2 billion each year.
Polaris, the non-governmental organization which runs the United States National Human Trafficking Hotline, has found that while human trafficking is a nationwide problem, the majority of domestic human trafficking victims are “people who have historically faced discrimination and its political, social and economic consequences: people of color, indigenous communities, immigrants and people who identify as LGBTQ+”.
For this reason, it is important that law enforcement representing native communities and territories are part of the national dialogue about countering human trafficking.
The High Intensity Financial Crime Areas program, which is intended to concentrate law enforcement efforts at the Federal, State, and local level to combat money laundering in designated high-intensity money laundering zones, considers human trafficking among other financial crime issues and actors.
In each High Intensity Financial Crime Area, a money-laundering action team, comprised of relevant Federal, State, and local enforcement authorities, prosecutors, and financial regulators, works together to coordinate Federal, State, and local anti-money laundering effort.
The High Intensity Financial Crime Area program does not currently mandate the inclusion of law enforcement and other agencies from Tribes and territories.
Further, the National Strategy for Combating Terrorist and Other Illicit Financing, a valuable report which is scheduled to sunset in January 2022, does not currently mandate the inclusion of law enforcement and other agencies from Tribes and Territories.
National strategy for combating terrorist and other illicit financing— The Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9501 et seq.) is amended—
in section 261(b)(2)—
by striking “2020” and inserting “2024”; and
by striking “2022” and inserting “2026”; and
in section 262—
in paragraph (1)—
by striking “in the documents entitled “2015 National Money Laundering Risk Assessment” and “2015 National Terrorist Financing Risk Assessment”,” and inserting “in the documents entitled “2020 National Strategy for Combating Terrorist and Other Illicit Financing” and “2022 National Strategy for Combating Terrorist and Other Illicit Financing””; and
by striking “the broader counter terrorism strategy of the United States” and inserting “the broader counter terrorism and national security strategies of the United States”;
in paragraph (6)—
by striking “Prevention of illicit finance” and inserting “prevention, detection, and defeat of illicit finance”;
by striking “private financial sector” and inserting “private sector, including financial and other relevant industries,”; and
by striking “with regard to the prevention and detection of illicit finance” and inserting “with regard to the prevention, detection, and defeat of illicit finance”;
in paragraph (7)—
by striking “Federal, State, and local officials” and inserting “Federal, State, local, Tribal, and Territory officials”; and
by inserting after “State and local prosecutors,” the following: “Tribal and Territorial law enforcement”; and
in paragraph (8), by striking “so-called”.
Law enforcement and other agencies from Tribes and territories— Section 5342 of title 31, United States Code is amended—
in subsection (a)(1)(B), by striking “local, State, national, ” and inserting “local, State, national, Tribal, Territorial,”;
in subsection (a)(2)(A), by striking “with State” and inserting “with State, Tribal, Territorial,”;
in subsection (c)(3), by striking “any State or local official or prosecutor” and inserting “any State, local, Tribe, or Territory official or prosecutor”; and
in subsection (d), by striking “State and local governments and State and local law enforcement agencies” and inserting “State, local, Tribal, and Territorial governments and State, local, Tribal, and Territorial agencies”.
Financial Crime-Free Communities Support Program—
In general— Section 5351 of title 31, United States Code, is amended by striking “to support local law enforcement efforts” and inserting “to support local, Tribal, and Territorial law enforcement efforts”.
in subsection (a), by striking “State or local” in each place it occurs and inserting “State, local, Tribal, or Territorial”; and
in subsection (c)—
by striking “State or local” and inserting “State, local, Tribal, or Territorial”; and
in paragraph (1), by striking “State law” and inserting “State, Tribal, or Territorial law”.
Information collection and dissemination— Section 5353(b)(3)(A) of title 31, United States Code, is amended by striking “State local law enforcement agencies” and inserting “State, local, Tribal, and Territorial law enforcement agencies”.
Grants for fighting money laundering and related financial crimes— Section 5354 of title 31, United States Code, is amended—
by striking “State or local law enforcement” and inserting “State, local, Tribal, or Territorial law enforcement”;
by striking “State and local law enforcement” and inserting “State, local, Tribal, and Territorial law enforcement”; and
by striking “Federal, State, and local cooperative law enforcement” and inserting “Federal, State, local, Tribal, and Territorial cooperative law enforcement”.