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