,i #aahth ,,congress #ast ,session ,h4 ,r4 #fbja ,,in ,,the ,,house ,,of ,,representatives ,november #b1 #bjbc,mr4 ,pfluger 7for himself and ,mr4 ,panetta7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish and authorize funding for an ,iranian ,sanctions ,enforcement ,fund to enforce ,united ,states sanctions with respect to ,iran and its proxies and pay off the ,united ,states public debt and to codify the ,export ,enforcement ,coordination ,center4 #a4 ,short title ,this ,act may be cited as the ,iranian ,sanctions ,enforcement ,act of #bjbc4 #b4 ,iran ,sanctions ,enforcement ,fund 7a7 ,in general ,not later than #ae days after the date of the enactment of this ,act1 there shall be established in the ,treasury of the ,united ,states a fund1 to be known as the ,iran ,sanctions ,enforcement ,fund 7in this section referred to as the ,fund71 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 ,states4 7b7 ,designation of ,administrator ,not later than #ae days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of the ,treasury1 shall appoint an administrator for the ,fund 7in this section referred to as the ,administrator74 7c7 ,expenditures from the ,fund 7#a7 ,in general ,the ,administrator may authorize amounts from the ,fund to be used1 without further appropriation or fiscal year limitation1 for payment of all proper expenses relating to a covered seizure or forfeiture1 including the following3 7,a7 ,investigative costs incurred by a law enforcement agency of the ,department of ,homeland ,security or the ,department of ,justice4 7,b7 ,expenses of detention1 inventory1 security1 maintenance1 advertisement1 or disposal of the property seized or forfeited1 and if condemned by a court and a bond for such costs was not given1 the costs as taxed by the court4 7,c7 ,costs of-- 7i7 contract services relating to a covered seizure or forfeiture2 7ii7 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 properties2 and 7iii7 reimbursing any ,federal1 ,state1 or local agency for any expenditures made to perform the functions described in this subparagraph4 7,d7 ,payments to reimburse any covered ,federal agency for investigative costs incurred leading to a covered seizure or forfeiture4 7,e7 ,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 forfeiture4 7,f7 ,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 forfeiture4 7,g7 ,equitable sharing payments made to other ,federal agencies1 ,state and local law enforcement agencies1 and foreign governments for expenses incurred with respect to a covered seizure or forfeiture4 7,h7 ,payment of overtime pay1 salaries1 travel1 fuel1 training1 equipment1 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 forfeiture4 7#b7 ,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 following3 7,a7 ,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 agency4 7,b7 ,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 ,states that leads to a covered seizure or forfeiture4 7,c7 ,payment for equipment for any vessel1 vehicle1 or aircraft available for official use by a covered ,federal agency to enable the vessel1 vehicle1 or aircraft to assist in law enforcement functions relating to a covered seizure or forfeiture1 and for other equipment directly related to a covered seizure or forfeiture1 including laboratory equipment1 protective equipment1 communications equipment1 and the operation and maintenance costs of such equipment4 7,d7 ,payment for equipment for any vessel1 vehicle1 or aircraft for official use by a ,state or local law enforcement agency to enable the vessel1 vehicle1 or aircraft to assist in law enforcement functions relating to a covered seizure or forfeiture if the vessel1 vehicle1 or aircraft will be used in joint law enforcement operations with a covered ,federal agency4 7,e7 ,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 forfeiture4 7#c7 ,prioritization of activities within the ,fund ,in allocating amounts from the ,fund for the purposes described in paragraphs 7#a7 and 7#b71 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 citizens4 7d7 ,management of ,fund ,the ,fund shall be managed and invested in the same manner as a trust fund is managed and invested under section #ifjb of the ,internal ,revenue ,code of #aihf4 7e7 ,funding 7#a7 ,initial funding 7,a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,fund #aej1jjj1jjj for fiscal year #bjbd1 to remain available until expended4 7,b7 ,repayment of initial funding 7i7 ,in general ,not later than ,september #cj1 #bjcd1 the ,administrator shall transfer from the ,fund into the general fund of the ,treasury an amount equal to #aej1jjj1jjj1 as adjusted pursuant to paragraph 7#d74 7ii7 ,rule of construction ,the repayment of amounts under clause 7i7 shall not be construed as a termination of the authority for operation of the ,fund4 7#b7 ,continued operation and funding 7,a7 ,in general ,subject to subparagraph 7,b71 the net proceeds from the sale of property1 forfeited or paid to the ,united ,states1 arising from a violation by ,iran or a covered ,iranian proxy of sanctions imposed by the ,united ,states1 shall be deposited or transferred into the ,fund4 7,b7 ,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 7,a7 shall occur after the deposit or transfer of net proceeds into the ,united ,states ,victims of ,state ,sponsored ,terrorism ,fund as required by subsection 7e77#b77;,a77ii7 of the ,justice for ,united ,states ,victims of ,state ,sponsored ,terrorism ,act 7#cd ,u4,s4,c4 #bjadd74 7#c7 ,maximum end-of-year balance 7,a7 ,in general ,if1 at the end of a fiscal year1 the amount in the ,fund exceeds the amount specified in subparagraph 7,b71 the ,administrator shall transfer the amount in excess of the amount specified in subparagraph 7,b7 to the general fund of the ,treasury for the payment of the public debt of the ,united ,states4 7,b7 ,amount specified ,the amount specified in this subparagraph is-- 7i7 in fiscal year #bjbd1 #ejj1jjj1jjj2 and 7ii7 in any fiscal year thereafter1 #ejj1jjj1jjj1 as adjusted pursuant to paragraph 7#d74 7#d7 ,adjustments for inflation 7,a7 ,in general ,the amounts described in paragraphs 7#a77;,b77i7 and 7#c77;,b77ii7 shall be adjusted1 at the beginning of each of fiscal years #bjbe through #bjcd1 to reflect the percentage 7if any7 of the increase in the average of the ,consumer ,price ,index for the preceding #ab-month period compared to the ,consumer ,price ,index for fiscal year #bjbc4 7,b7 ,consumer price index defined ,in this paragraph1 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 ,labor4 7f7 ,prohibition on transfer of funds 7#a7 ,in general ,any expenditure of amounts in the ,fund1 or transfer of amounts from the ,fund1 not authorized by this section is prohibited4 7#b7 ,acts by ,congress ,any ,act of ,congress to remove money from the ,fund shall be reported in the ,federal ,register not later than #aj days after the enactment of the ,act4 7g7 ,report ,not later than ,september #a1 #bjbd1 and annually thereafter through ,september #a1 #bjcd1 the ,secretary of ,homeland ,security1 with the concurrence of the ,secretary of the ,treasury1 shall submit to the appropriate congressional committees a report on-- 7#a7 all activities supported by the ,fund during the fiscal year during which the report is submitted and the preceding fiscal year2 7#b7 a list of each covered seizure or forfeiture supported by the ,fund during those fiscal years and1 with respect to each such seizure or forfeiture-- 7,a7 the goods seized2 7,b7 the current status of the forfeiture of the goods2 7,c7 an assessment of the impact on the national security of the ,united ,states of the seizure or forfeiture1 including the estimated loss of revenue to the person from which the goods were seized2 and 7,d7 any anticipated response or outcome of the seizure or forfeiture2 7#c7 the financial health and financial data of the ,fund as of the date of the report2 7#d7 the amount transferred to the general fund of the ,treasury under subsection 7e7 or 7h72 7#e7 7,a7 the amount paid to informants for information or evidence under subsection 7c72 7,b7 whether the information or evidence led to a seizure2 and 7,c7 if so1 the cost of the goods seized2 7#f7 the amount remaining to be transferred under subsection 7e77#c7 and an estimated timeline for transferring the full amount required by that subsection2 and 7#g7 7,a7 any instances during the fiscal years covered by the report of a covered seizure or forfeiture if1 after amounts were expended from the ,fund to support the seizure or forfeiture1 the seizure or forfeiture did not occur as a result of a policy decision made by the ,secretary of ,homeland ,security1 the ,president1 or any other official of the ,united ,states2 and 7,b7 a description of the costs incurred and reasons the seizure or forfeiture did not occur4 7h7 ,failure ,to report or utilize the ,fund 7#a7 ,effect of failure to submit report ,if a report required by subsection 7g7 is not submitted to the appropriate congressional committees by the date that is #ahj days after the report is due under subsection 7g71 the ,administrator shall transfer an amount equal to #e percent of the amounts in the ,fund to the general fund of the ,treasury for the payment of the public debt of the ,united ,states4 ,for each #ij-;day period thereafter during which the report is not submitted1 the ,administrator shall transfer an additional amount1 equal to #e percent of the amounts in the ,fund1 to the general fund of the ,treasury for that purpose4 7#b7 ,effect of failure to use fund ,if a report submitted under subsection 7g7 indicates that amounts in the ,fund have not been used for any seizure or forfeiture activity during the fiscal years covered by the report1 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 ,states4 7#c7 ,waiver of termination of ,fund for national security purposes 7,a7 ,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 7#b71 the ,president may waive the requirement to terminate the ,fund4 7,b7 ,report required ,if the ,president exercises the waiver authority under subparagraph 7,a71 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 ,fund4 7,c7 ,form ,the report required by subparagraph 7,b7 shall be submitted in unclassified form1 but may include a classified annex4 7i7 ,rule of construction ,nothing in this section may be construed to affect the requirements of subsection 7e7 of the ,justice for ,united ,states ,victims of ,state ,sponsored ,terrorism ,act 7#cd ,u4,s4,c4 #bjadd7;e77 or the operation of the ,united ,states ,victims of ,state ,sponsored ,terrorism ,fund under that subsection4 7j7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,financial ,services and the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,covered ,federal agency ,the term covered ,federal agency means any ,federal agency specified in section #c7;b74 7#c7 ,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 ,iran1 including-- 7,a7 the ,iranian ,revolutionary ,guard ,corps-,quds ,force2 7,b7 ,hamas2 7,c7 ,palestinian ,islamic ,jihad2 7,d7 ,hezbollah2 7,e7 ,ansar ,allah 7the ,houthis72 and 7,f7 ,iranian-sponsored militias in ,iraq and ,syria4 7#d7 ,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 ,states4 #c4 ,establishment of ,export ,enforcement ,coordination ,center 7a7 ,establishment ,the ,secretary of ,homeland ,security shall operate and maintain1 within ,homeland ,security ,investigations1 the ,export ,enforcement ,coordination ,center1 as established by ,executive ,order #aceeh 7#ej ,u4,s4,c4 #dfja note7 7in this section referred to as the ,center74 7b7 ,purposes ,the ,center shall serve as the primary center for ,federal ,government export enforcement efforts among the following agencies3 7#a7 ,the ,department of ,state4 7#b7 ,the ,department of the ,treasury4 7#c7 ,the ,department of ,defense4 7#d7 ,the ,department of ,justice4 7#e7 ,the ,department of ,commerce4 7#f7 ,the ,department of ,energy4 7#g7 ,the ,department of ,homeland ,security4 7#h7 ,the ,office of the ,director of ,national ,intelligence4 7#i7 ,such other agencies as the ,president may designate4 7c7 ,coordination authority ,the ,center shall-- 7#a7 serve as a conduit between ,federal law enforcement agencies and the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d777 for the exchange of information related to potential violations of ,united ,states export controls2 7#b7 serve as a primary point of contact between enforcement authorities and agencies engaged in export licensing2 7#c7 coordinate law enforcement public outreach activities related to ,united ,states export controls2 7#d7 serve as the primary deconfliction and support center to assist law enforcement agencies to coordinate and enhance investigations with respect to export control violations2 7#e7 establish integrated1 ,government-wide statistical tracking and targeting capabilities to support export enforcement2 and 7#f7 carry out additional duties as assigned by the ,secretary of ,homeland ,security regarding the enforcement of ,united ,states export control laws4 7d7 ,administration ,the ,executive ,associate ,director of ,homeland ,security ,investigations shall-- 7#a7 serve as the administrator of the ,center2 and 7#b7 maintain documentation that describes the participants in1 funding of1 core functions of1 and personnel assigned to1 the ,center4 7e7 ,director2 ,deputy ,directors 7#a7 ,director ,the ,center shall have a ,director1 who shall be-- 7,a7 a member of the ,senior ,executive ,service 7as defined in section #baja;a of title #e1 ,united ,states ,code7 and a special agent within ,homeland ,security ,investigations2 and 7,b7 designated by the ,secretary of ,homeland ,security4 7#b7 ,deputy ,directors ,the ,center shall have #b ,deputy ,directors1 as follows3 7,a7 ,one ,deputy ,director1 who shall be-- 7i7 a full-time employee of the ,department of ,commerce2 and 7ii7 appointed by the ,secretary of ,commerce4 7,b7 ,one ,deputy ,director1 who shall be-- 7i7 a full-time employee of the ,department of ,justice2 and 7ii7 appointed by the ,attorney ,general4 7f7 ,liaisons from other agencies 7#a7 ,intelligence community liaison ,an intelligence community liaison shall be detailed to the ,center4 ,the liaison shall be-- 7,a7 a full-time employee of an element of the intelligence community2 and 7,b7 designated by the ,director of ,national ,intelligence4 7#b7 ,liaisons from other agencies 7,a7 ,in general ,a liaison shall be detailed to the ,center by each agency specified in subparagraph 7,b74 ,such liaisons shall be special agents1 officers1 intelligence analysts1 or intelligence officers1 as appropriate4 7,b7 ,agencies specified ,the agencies specified in this subparagraph are the following3 7i7 ,homeland ,security ,investigations4 7ii7 ,u4,s4 ,customs and ,border ,protection4 7iii7 ,the ,office of ,export ,enforcement of the ,bureau of ,industry and ,security of the ,department of ,commerce4 7iv7 ,the ,federal ,bureau of ,investigation4 7v7 ,the ,defense ,criminal ,investigative ,service4 7vi7 ,the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives4 7vii7 ,the ,national ,counterintelligence and ,security ,center of the ,office of the ,director of ,national ,intelligence4 7viii7 ,the ,department of ,energy4 7ix7 ,the ,office of ,foreign ,assets ,control of the ,department of the ,treasury4 7x7 ,the ,directorate of ,defense ,trade ,controls of the ,department of ,state4 7xi7 ,the ,office of ,export ,administration of the ,bureau of ,industry and ,security4 7xii7 ,the ,office of ,enforcement ,analysis of the ,bureau of ,industry and ,security4 7xiii7 ,the ,office of ,special ,investigations of the ,air ,force4 7xiv7 ,the ,criminal ,investigation ,division of the ,army4 7xv7 ,the ,naval ,criminal ,investigative ,service4 7xvi7 ,the ,defense ,intelligence ,agency4 7xvii7 ,the ,defense ,counterintelligence and ,security ,agency4 7xviii7 ,any other agency1 at the request of the ,secretary of ,homeland ,security4