[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3081 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3081

 To authorize additional assistance to Israel using assets confiscated 
                   from Iran, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 18, 2023

  Mr. Daines introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To authorize additional assistance to Israel using assets confiscated 
                   from Iran, 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 ``Fortify Israel Act''.

SEC. 2. PROHIBITION ON RELEASE OF BLOCKED IRANIAN ASSETS.

    (a) In General.--No Iranian asset that is blocked or immobilized by 
the Department of the Treasury before the date of the enactment of this 
Act may be released or mobilized until the President certifies to the 
appropriate congressional committees that--
            (1) hostilities between Hamas and other Iranian-backed 
        groups and Israel have ceased; and
            (2)(A) full compensation has been made to Israel for harms 
        resulting from the invasion of Israel by Hamas and other 
        Iranian-backed groups; or
            (B) Iran is participating in a bona fide international 
        mechanism that, by agreement, will discharge the obligations of 
        Iran to compensate Israel for all amounts determined to be owed 
        to Israel.
    (b) Notification.--Not later than 30 days before the release or 
mobilization of an Iranian asset that previously had been blocked or 
immobilized by the Department of the Treasury, the President shall 
submit to the appropriate congressional committees--
            (1) a notification of the decision to release or mobilize 
        the asset; and
            (2) a justification in writing for such release or 
        mobilization.
    (c) Joint Resolution of Disapproval.--
            (1) In general.--No Iranian asset that previously had been 
        blocked or immobilized by the Department of the Treasury may be 
        released or mobilized if, not later than 30 days after the 
        receipt of the notification and justification required under 
        subsection (b), a joint resolution is enacted prohibiting the 
        proposed release or mobilization.
            (2) Expedited procedures.--Any joint resolution described 
        in paragraph (1) introduced in either House of Congress shall 
        be considered in accordance with the provisions of section 
        601(b) of the International Security Assistance and Arms Export 
        Control Act of 1976 (Public Law 94-329; 90 Stat. 765), except 
        that any such resolution shall be amendable. If such a joint 
        resolution should be vetoed by the President, the time for 
        debate in consideration of the veto message on such measure 
        shall be limited to 20 hours in the Senate and in the House of 
        Representatives shall be determined in accordance with the 
        Rules of the House.
    (d) Cooperation on Prohibition of Release of Certain Iranian 
Assets.--The President may take such action as may be necessary to seek 
to obtain an agreement or arrangement between the United States, 
Israel, and other countries that have blocked or immobilized Iranian 
assets to prohibit such assets from being released or mobilized until 
an agreement has been reached that discharges Iran from further 
obligations to compensate Israel.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on 
        Financial Services, and the Committee on Ways and Means of the 
        House of Representatives.

SEC. 3. AUTHORITY TO ENSURE COMPENSATION TO ISRAEL USING CONFISCATED 
              IRANIAN ASSETS.

    (a) Confiscation.--
            (1) In general.--The President shall confiscate any Iranian 
        assets subject to the jurisdiction of the United States, 
        including assets that are within the scope of the Iranian 
        assets authorized to be transferred from South Korea to the 
        oversight of Qatar on September 11, 2023.
            (2) Liquidation and deposit.--The President shall--
                    (A) deposit any funds confiscated under paragraph 
                (1) into the Fund established under subsection (b);
                    (B) liquidate or sell any other property 
                confiscated under paragraph (1) and deposit the funds 
                resulting from such liquidation or sale into the Fund 
                established under subsection (b); and
                    (C) make all such funds available for the purposes 
                described in subsection (b)(2).
            (3) Vesting.--All right, title, and interest in Iranian 
        assets confiscated under paragraph (1) shall vest, if 
        necessary, in the Government of the United States while being 
        held in the Fund established under subsection (b).
    (b) Establishment of a Fund To Provide Assistance to Israel.--
            (1) In general.--The President shall establish a non-
        interest-bearing account (referred to in this Act as the 
        ``Fund'') to consist of the funds deposited into the account 
        under subsection (a)(2) .
            (2) Use of funds.--The funds in the account established 
        under paragraph (1) are authorized to be made available for the 
        procurement of defense articles and services for Israel.
    (c) Judicial Review.--
            (1) In general.--The confiscation of Iranian assets under 
        subsection (a)(1) shall not be subject to judicial review.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to limit any private individual or entity from 
        asserting due process claims in United States courts.
    (d) Exception for United States Obligations Under Vienna 
Conventions.--The authorities provided by this section may not be 
exercised in a manner inconsistent with the obligations of the United 
States under--
            (1) the Convention on Diplomatic Relations, done at Vienna 
        April 18, 1961, and entered into force April 24, 1964 (23 UST 
        3227);
            (2) the Convention on Consular Relations, done at Vienna 
        April 24, 1963, and entered into force on March 19, 1967 (21 
        UST 77);
            (3) the Agreement Regarding the Headquarters of the United 
        Nations, signed at Lake Success June 26, 1947, and entered into 
        force November 21, 1947 (TIAS 1676); or
            (4) any other international agreement governing the use of 
        force and establishing rights under international humanitarian 
        law.
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