[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

[[Page S5247]]

     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

[[Page S5248]]

     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.
                                 ______