[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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