[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4085 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4085

    To establish the Export Enforcement Coordination Center in the 
        Department of Homeland Security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2024

Mr. Romney (for himself and Ms. Hassan) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To establish the Export Enforcement Coordination Center in the 
        Department of Homeland Security, 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 ``Export Controls Enforcement 
Improvement Act of 2024''.

SEC. 2. ESTABLISHMENT OF EXPORT ENFORCEMENT COORDINATION CENTER.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish, within the Department of Homeland Security for 
administrative purposes, an interagency Federal Export Enforcement 
Coordination Center (in this Act referred to as the ``Center'').
    (b) Purposes.--The Center shall coordinate on matters relating to 
export enforcement among the following:
            (1) The Department of State.
            (2) The Department of the Treasury.
            (3) The Department of Defense.
            (4) The Department of Justice.
            (5) The Department of Commerce.
            (6) The Department of Energy.
            (7) The Department of Homeland Security.
            (8) The Office of the Director of National Intelligence.
            (9) Such other executive branch departments, agencies, or 
        offices as the President, from time to time, may designate.
    (c) Functions.--The Center shall--
            (1) serve as the primary forum within the Federal 
        Government for executive departments and agencies--
                    (A) to coordinate and enhance the export control 
                enforcement efforts of those departments and agencies; 
                and
                    (B) to identify and resolve conflicts that have not 
                been otherwise resolved in criminal and administrative 
                investigations and actions involving violations of the 
                export control laws of the United States;
            (2) serve as a conduit between Federal law enforcement 
        agencies and the intelligence community (as defined in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) 
        for the exchange of information related to potential violations 
        of United States export controls;
            (3) serve as a primary point of contact between enforcement 
        authorities and agencies engaged in export licensing;
            (4) coordinate law enforcement public outreach activities 
        related to United States export controls; and
            (5) establish governmentwide statistical tracking 
        capabilities for United States criminal and administrative 
        export control enforcement activities, to be conducted by the 
        Department of Homeland Security with information provided by 
        and shared with all relevant departments and agencies 
        participating in the Center.
    (d) Director; Other Personnel.--
            (1) Director.--
                    (A) In general.--The Center shall have a Director, 
                who shall be a full-time senior officer or employee of 
                the Department of Homeland Security, designated by the 
                Secretary of Homeland Security.
                    (B) Functions of director.--The Director shall--
                            (i) convene and preside at meetings of the 
                        Center;
                            (ii) determine the agenda for those 
                        meetings;
                            (iii) direct the work of the Center; and
                            (iv) as appropriate to particular subject 
                        matters, organize and coordinate subgroups of 
                        the members of the Center.
            (2) Deputy directors.--The Center shall have 2 Deputy 
        Directors, who shall be full-time senior officers or employees 
        of the Department of Commerce and the Department of Justice, 
        designated by the Secretary of Commerce and the Attorney 
        General, respectively, detailed to the Center and reporting to 
        the Director.
            (3) Intelligence community liaison.--The Center shall have 
        an Intelligence Community Liaison, who shall be a full-time 
        senior officer or employee of the Federal Government, 
        designated by the Director of National Intelligence, and 
        detailed or assigned to the Center.
            (4) Staff.--
                    (A) In general.--The Center shall have a full-time 
                staff reporting to the Director.
                    (B) Detailees.--Executive departments and agencies 
                specified in subsection (b) shall detail or assign 
                their employees to the Center.
    (e) Administration.--The Department of Homeland Security shall 
operate and provide funding and administrative support for the Center 
to the extent permitted by law and subject to the availability of 
appropriations.
    (f) Website.--The Director of the Center may establish a publicly 
accessible website for the Center with a domain name that is 
independent of websites of the Department of Homeland Security.

SEC. 3. UNLAWFUL TRANSSHIPMENT AND DIVERSION OF EXPORTS.

    (a) In General.--The Center shall--
            (1) serve as a primary forum for the coordination of export 
        control enforcement efforts focused on unlawful transshipment 
        and diversion of exports; and
            (2) develop best practices for executive departments and 
        agencies to improve efforts to combat the unlawful 
        transshipment and diversion of exports.
    (b) Areas of Focus.--In carrying out the duties described in 
subsection (a), the Center shall focus its efforts on, among other 
matters--
            (1) sensitive technologies, including technologies relating 
        to--
                    (A) semiconductors;
                    (B) the development of advanced artificial 
                intelligence capabilities; and
                    (C) the development of quantum technology 
                components and capabilities; and
            (2) the unlawful transshipment and diversion of exports 
        to--
                    (A) the People's Republic of China;
                    (B) the Russian Federation;
                    (C) the Islamic Republic of Iran; and
                    (D) the Democratic People's Republic of Korea.
    (c) Notice to the Private Sector.--In carrying out the duties 
described in subsection (a), the Center shall develop best practices 
for and support the dissemination of specific and actionable 
information about transshipment and diversion risks to relevant private 
sector entities on a timely basis, as appropriate.

SEC. 4. REPORTS ON POSTINGS OF UNITED STATES AND FOREIGN LAW 
              ENFORCEMENT OFFICIALS.

    (a) Report on Foreign Postings of Law Enforcement Agents.--Not 
later than 180 days after the date of the enactment of this Act, the 
Director of the Center shall submit to Congress a report that 
includes--
            (1) an assessment of the value of increasing the number of 
        law enforcement officials posted in foreign countries to 
        enhance export control enforcement efforts focused on the 
        unlawful transshipment and diversion of exports;
            (2) an analysis of specific countries, regions, and 
        shipping routes that pose a heightened risk with respect to 
        such transshipment and diversion; and
            (3) an assessment of resources required to increase the 
        number of law enforcement officials posted in foreign countries 
        pursuant to paragraph (1).
    (b) Report on Postings of Foreign Officials at the Center.--Not 
later than one year after the date of the enactment of this Act, the 
Director of the Center shall submit to Congress a report that 
includes--
            (1) an assessment of the value of hosting foreign law 
        enforcement or other officials at the Center;
            (2) an assessment of which countries would provide the most 
        value for the United States Government in posting officials at 
        the Center; and
            (3) an assessment of what, if any, changes to statute, 
        regulation, or policy would be required to host foreign 
        officials at the Center.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security for fiscal year 2025 $25,000,000 for the costs of 
establishing the Center.
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