[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5246-S5248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2977. Ms. ERNST submitted an amendment intended to be proposed by
her to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Iran Sanctions Enforcement
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Iranian Sanctions
Enforcement Act of 2024''.
SEC. 1292. IRAN SANCTIONS ENFORCEMENT FUND.
(a) In General.--Not later than 15 days after the date of
the enactment of this Act, there shall be established in the
Treasury of the United States a fund, to be known as the
``Iran Sanctions Enforcement Fund'' (in this section referred
to as the ``Fund''), to pay expenses relating to seizures and
forfeitures of property made with respect to violations by
Iran or a covered Iranian proxy of sanctions imposed by the
United States.
(b) Designation of Administrator.--Not later than 15 days
after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary of the
Treasury, shall appoint an administrator for the Fund (in
this section referred to as the ``Administrator'').
(c) Expenditures From the Fund.--
(1) In general.--The Administrator may authorize amounts
from the Fund to be used, without further appropriation or
fiscal year limitation, for payment of all proper expenses
relating to a covered seizure or forfeiture, including the
following:
(A) Investigative costs incurred by a law enforcement
agency of the Department of Homeland Security or the
Department of Justice.
(B) Expenses of detention, inventory, security,
maintenance, advertisement, or disposal of the property
seized or forfeited, and if condemned by a court and a bond
for such costs was not given, the costs as taxed by the
court.
(C) Costs of--
(i) contract services relating to a covered seizure or
forfeiture;
(ii) the employment of outside contractors to operate and
manage properties seized or forfeited or to provide other
specialized services necessary to dispose of such properties
in an effort to maximize the return from such properties; and
(iii) reimbursing any Federal, State, or local agency for
any expenditures made to perform the functions described in
this subparagraph.
(D) Payments to reimburse any covered Federal agency for
investigative costs incurred leading to a covered seizure or
forfeiture.
(E) Payments for contracting for the services of experts
and consultants needed by the Department of Homeland Security
or the Department of Justice to assist in carrying out duties
related to a covered seizure or forfeiture.
(F) Awards of compensation to informers for assistance
provided with respect to a violation by Iran or a covered
Iranian proxy of sanctions imposed by the United States that
leads to a covered seizure or forfeiture.
(G) Equitable sharing payments made to other Federal
agencies, State and local law enforcement agencies, and
foreign governments for expenses incurred with respect to a
covered seizure or forfeiture.
(H) Payment of overtime pay, salaries, travel, fuel,
training, equipment, and other similar expenses of State or
local law enforcement officers that are incurred in joint law
enforcement operations with a covered Federal agency relating
to covered seizure or forfeiture.
(2) Authorization of use of fund for additional purposes.--
The Secretary of Homeland Security may direct the
Administrator to authorize the use of amounts in the Fund for
the following:
(A) Payment of awards for information or assistance leading
to a civil or criminal forfeiture made with respect to a
violation by Iran or a covered Iranian proxy of sanctions
imposed by the United States and involving any covered
Federal agency.
(B) Purchases of evidence or information by a covered
Federal agency with respect to a violation by Iran or a
covered Iranian proxy of sanctions imposed by the United
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States that leads to a covered seizure or forfeiture.
(C) Payment for equipment for any vessel, vehicle, or
aircraft available for official use by a covered Federal
agency to enable the vessel, vehicle, or aircraft to assist
in law enforcement functions relating to a covered seizure or
forfeiture, and for other equipment directly related to a
covered seizure or forfeiture, including laboratory
equipment, protective equipment, communications equipment,
and the operation and maintenance costs of such equipment.
(D) Payment for equipment for any vessel, vehicle, or
aircraft for official use by a State or local law enforcement
agency to enable the vessel, vehicle, or aircraft to assist
in law enforcement functions relating to a covered seizure or
forfeiture if the vessel, vehicle, or aircraft will be used
in joint law enforcement operations with a covered Federal
agency.
(E) Reimbursement of individuals or organizations for
expenses incurred by such individuals or organizations in
cooperating with a covered Federal agency in investigations
and undercover law enforcement operations relating to a
covered seizure or forfeiture.
(3) Prioritization of activities within the fund.--In
allocating amounts from the Fund for the purposes described
in paragraphs (1) and (2), the Administrator shall prioritize
activities that result in the seizure and forfeiture of oil
or petroleum products or other commodities or methods of
exchange that fund the efforts of Iran or covered Iranian
proxies to carry out acts of international terrorism or
otherwise kill United States citizens.
(d) Management of Fund.--The Fund shall be managed and
invested in the same manner as a trust fund is managed and
invested under section 9602 of the Internal Revenue Code of
1986.
(e) Funding.--
(1) Initial funding.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $150,000,000 for fiscal year
2024, to remain available until expended.
(B) Repayment of initial funding.--
(i) In general.--Not later than September 30, 2034, the
Administrator shall transfer from the Fund into the general
fund of the Treasury an amount equal to $150,000,000, as
adjusted pursuant to paragraph (4).
(ii) Rule of construction.--The repayment of amounts under
clause (i) shall not be construed as a termination of the
authority for operation of the Fund.
(2) Continued operation and funding.--
(A) In general.--Subject to subparagraph (B), the net
proceeds from the sale of property, forfeited or paid to the
United States, arising from a violation by Iran or a covered
Iranian proxy of sanctions imposed by the United States,
shall be deposited or transferred into the Fund.
(B) Transfer of proceeds after deposits into the justice
for united states victims of state sponsored terrorism act.--
The deposit or transfer of any net proceeds to the Fund under
subparagraph (A) shall occur after the deposit or transfer of
net proceeds into the United States Victims of State
Sponsored Terrorism Fund as required by subsection
(e)(2)(A)(ii) of the Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144).
(3) Maximum end-of-year balance.--
(A) In general.--If, at the end of a fiscal year, the
amount in the Fund exceeds the amount specified in
subparagraph (B), the Administrator shall transfer the amount
in excess of the amount specified in subparagraph (B) to the
general fund of the Treasury for the payment of the public
debt of the United States.
(B) Amount specified.--The amount specified in this
subparagraph is--
(i) in fiscal year 2024, $500,000,000; and
(ii) in any fiscal year thereafter, $500,000,000, as
adjusted pursuant to paragraph (4).
(4) Adjustments for inflation.--
(A) In general.--The amounts described in paragraphs
(1)(B)(i) and (3)(B)(ii) shall be adjusted, at the beginning
of each of fiscal years 2025 through 2034, to reflect the
percentage (if any) of the increase in the average of the
Consumer Price Index for the preceding 12-month period
compared to the Consumer Price Index for fiscal year 2023.
(B) Consumer price index defined.--In this paragraph, the
term ``Consumer Price Index'' means the Consumer Price Index
for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
(f) Prohibition on Transfer of Funds.--
(1) In general.--Any expenditure of amounts in the Fund, or
transfer of amounts from the Fund, not authorized by this
section is prohibited.
(2) Acts by congress.--Any Act of Congress to remove money
from the Fund shall be reported in the Federal Register not
later than 10 days after the enactment of the Act.
(g) Report.--Not later than September 1, 2024, and annually
thereafter through September 1, 2034, the Secretary of
Homeland Security, with the concurrence of the Secretary of
the Treasury, shall submit to the appropriate congressional
committees a report on--
(1) all activities supported by the Fund during the fiscal
year during which the report is submitted and the preceding
fiscal year;
(2) a list of each covered seizure or forfeiture supported
by the Fund during those fiscal years and, with respect to
each such seizure or forfeiture--
(A) the goods seized;
(B) the current status of the forfeiture of the goods;
(C) an assessment of the impact on the national security of
the United States of the seizure or forfeiture, including the
estimated loss of revenue to the person from which the goods
were seized; and
(D) any anticipated response or outcome of the seizure or
forfeiture;
(3) the financial health and financial data of the Fund as
of the date of the report;
(4) the amount transferred to the general fund of the
Treasury under subsection (e) or (h);
(5)(A) the amount paid to informants for information or
evidence under subsection (c);
(B) whether the information or evidence led to a seizure;
and
(C) if so, the cost of the goods seized;
(6) the amount remaining to be transferred under subsection
(e)(3) and an estimated timeline for transferring the full
amount required by that subsection; and
(7)(A) any instances during the fiscal years covered by the
report of a covered seizure or forfeiture if, after amounts
were expended from the Fund to support the seizure or
forfeiture, the seizure or forfeiture did not occur as a
result of a policy decision made by the Secretary of Homeland
Security, the President, or any other official of the United
States; and
(B) a description of the costs incurred and reasons the
seizure or forfeiture did not occur.
(h) Failure To Report or Utilize the Fund.--
(1) Effect of failure to submit report.--If a report
required by subsection (g) is not submitted to the
appropriate congressional committees by the date that is 180
days after the report is due under subsection (g), the
Administrator shall transfer an amount equal to 5 percent of
the amounts in the Fund to the general fund of the Treasury
for the payment of the public debt of the United States. For
each 90-day period thereafter during which the report is not
submitted, the Administrator shall transfer an additional
amount, equal to 5 percent of the amounts in the Fund, to the
general fund of the Treasury for that purpose.
(2) Effect of failure to use fund.--If a report submitted
under subsection (g) indicates that amounts in the Fund have
not been used for any seizure or forfeiture activity during
the fiscal years covered by the report, the Fund shall be
terminated and any amounts in the Fund shall transferred to
the general fund of the Treasury for the payment of the
public debt of the United States.
(3) Waiver of termination of fund for national security
purposes.--
(A) In general.--If the President determines that it is in
the national security interests of the United States not to
terminate the Fund as required by paragraph (2), the
President may waive the requirement to terminate the Fund.
(B) Report required.--If the President exercises the waiver
authority under subparagraph (A), the President shall submit
to the appropriate congressional committees a report
describing the factors considered in determining that it is
in the national security interests of the United States not
to terminate the Fund.
(C) Form.--The report required by subparagraph (B) shall be
submitted in unclassified form, but may include a classified
annex.
(i) Rule of Construction.--Nothing in this section may be
construed to affect the requirements of subsection (e) of the
Justice for United States Victims of State Sponsored
Terrorism Act (34 U.S.C. 20144(e)) or the operation of the
United States Victims of State Sponsored Terrorism Fund under
that subsection.
(j) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Financial Services and the Committee
on Homeland Security of the House of Representatives.
(2) Covered federal agency.--The term ``covered Federal
agency'' means any Federal agency specified in section
1293(b).
(3) Covered iranian proxy.--The term ``covered Iranian
proxy'' means a violent extremist organization or other
organization that works on behalf of or receives financial or
material support from Iran, including--
(A) the Iranian Revolutionary Guard Corps-Quds Force;
(B) Hamas;
(C) Palestinian Islamic Jihad;
(D) Hezbollah;
(E) Ansar Allah (the Houthis); and
(F) Iranian-sponsored militias in Iraq and Syria.
(4) Covered seizure or forfeiture.--The term ``covered
seizure or forfeiture'' means a seizure or forfeiture of
property made with respect to a violation by Iran or a
covered Iranian proxy of sanctions imposed by the United
States.
SEC. 1293. ESTABLISHMENT OF EXPORT ENFORCEMENT COORDINATION
CENTER.
(a) Establishment.--The Secretary of Homeland Security
shall operate and maintain, within Homeland Security
Investigations, the Export Enforcement Coordination Center,
as established by Executive Order
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13558 (50 U.S.C. 4601 note) (in this section referred to as
the ``Center'').
(b) Purposes.--The Center shall serve as the primary center
for Federal Government export enforcement efforts among the
following agencies:
(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 agencies as the President may designate.
(c) Coordination Authority.--The Center shall--
(1) 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;
(2) serve as a primary point of contact between enforcement
authorities and agencies engaged in export licensing;
(3) coordinate law enforcement public outreach activities
related to United States export controls;
(4) serve as the primary deconfliction and support center
to assist law enforcement agencies to coordinate and enhance
investigations with respect to export control violations;
(5) establish integrated, governmentwide statistical
tracking and targeting capabilities to support export
enforcement; and
(6) carry out additional duties as assigned by the
Secretary of Homeland Security regarding the enforcement of
United States export control laws.
(d) Administration.--The Executive Associate Director of
Homeland Security Investigations shall--
(1) serve as the administrator of the Center; and
(2) maintain documentation that describes the participants
in, funding of, core functions of, and personnel assigned to,
the Center.
(e) Director; Deputy Directors.--
(1) Director.--The Center shall have a Director, who shall
be--
(A) a member of the Senior Executive Service (as defined in
section 2101a of title 5, United States Code) and a special
agent within Homeland Security Investigations; and
(B) designated by the Secretary of Homeland Security.
(2) Deputy directors.--The Center shall have 2 Deputy
Directors, as follows:
(A) One Deputy Director, who shall be--
(i) a full-time employee of the Department of Commerce; and
(ii) appointed by the Secretary of Commerce.
(B) One Deputy Director, who shall be--
(i) a full-time employee of the Department of Justice; and
(ii) appointed by the Attorney General.
(f) Liaisons From Other Agencies.--
(1) Intelligence community liaison.--An intelligence
community liaison shall be detailed to the Center. The
liaison shall be--
(A) a full-time employee of an element of the intelligence
community; and
(B) designated by the Director of National Intelligence.
(2) Liaisons from other agencies.--
(A) In general.--A liaison shall be detailed to the Center
by each agency specified in subparagraph (B). Such liaisons
shall be special agents, officers, intelligence analysts, or
intelligence officers, as appropriate.
(B) Agencies specified.--The agencies specified in this
subparagraph are the following:
(i) Homeland Security Investigations.
(ii) U.S. Customs and Border Protection.
(iii) The Office of Export Enforcement of the Bureau of
Industry and Security of the Department of Commerce.
(iv) The Federal Bureau of Investigation.
(v) The Defense Criminal Investigative Service.
(vi) The Bureau of Alcohol, Tobacco, Firearms and
Explosives.
(vii) The National Counterintelligence and Security Center
of the Office of the Director of National Intelligence.
(viii) The Department of Energy.
(ix) The Office of Foreign Assets Control of the Department
of the Treasury.
(x) The Directorate of Defense Trade Controls of the
Department of State.
(xi) The Office of Export Administration of the Bureau of
Industry and Security.
(xii) The Office of Enforcement Analysis of the Bureau of
Industry and Security.
(xiii) The Office of Special Investigations of the Air
Force.
(xiv) The Criminal Investigation Division of the Army.
(xv) The Naval Criminal Investigative Service.
(xvi) The Defense Intelligence Agency.
(xvii) The Defense Counterintelligence and Security Agency.
(xviii) Any other agency, at the request of the Secretary
of Homeland Security.
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