II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fortify Israel Act’’. 

5 SEC. 2. PROHIBITION ON RELEASE OF BLOCKED IRANIAN 

6 ASSETS. 

7 (a) IN GENERAL.—No Iranian asset that is blocked 

8 or immobilized by the Department of the Treasury before 

9 the date of the enactment of this Act may be released or 


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1 mobilized until the President certifies to the appropriate 

2 congressional committees that— 

3 (1) hostilities between Hamas and other Ira4 nian-backed groups and Israel have ceased; and 

5 (2)(A) full compensation has been made to 

6 Israel for harms resulting from the invasion of Israel 

7 by Hamas and other Iranian-backed groups; or 

8 (B) Iran is participating in a bona fide inter9 national mechanism that, by agreement, will dis10 charge the obligations of Iran to compensate Israel 

11 for all amounts determined to be owed to Israel. 

12 (b) NOTIFICATION.—Not later than 30 days before 

13 the release or mobilization of an Iranian asset that pre14 viously had been blocked or immobilized by the Depart15 ment of the Treasury, the President shall submit to the 

16 appropriate congressional committees— 

17 (1) a notification of the decision to release or 

18 mobilize the asset; and 

19 (2) a justification in writing for such release or 

20 mobilization. 

21 (c) JOINT RESOLUTION OF DISAPPROVAL.— 

22 (1) IN GENERAL.—No Iranian asset that pre23 viously had been blocked or immobilized by the De24 partment of the Treasury may be released or mobi25 lized if, not later than 30 days after the receipt of 


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1 the notification and justification required under sub2 section (b), a joint resolution is enacted prohibiting 

3 the proposed release or mobilization. 

4 (2) EXPEDITED PROCEDURES.—Any joint reso5 lution described in paragraph (1) introduced in ei6 ther House of Congress shall be considered in ac7 cordance with the provisions of section 601(b) of the 

8 International Security Assistance and Arms Export 

9 Control Act of 1976 (Public Law 94–329; 90 Stat. 

10 765), except that any such resolution shall be 

11 amendable. If such a joint resolution should be ve12 toed by the President, the time for debate in consid13 eration of the veto message on such measure shall 

14 be limited to 20 hours in the Senate and in the 

15 House of Representatives shall be determined in ac16 cordance with the Rules of the House. 

17 (d) COOPERATION ON PROHIBITION OF RELEASE OF

18 CERTAIN IRANIAN ASSETS.—The President may take 

19 such action as may be necessary to seek to obtain an 

20 agreement or arrangement between the United States, 

21 Israel, and other countries that have blocked or immo22 bilized Iranian assets to prohibit such assets from being 

23 released or mobilized until an agreement has been reached 

24 that discharges Iran from further obligations to com25 pensate Israel. 


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1 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the Committee on Foreign Relations and 

5 the Committee on Banking, Housing, and Urban Af6 fairs of the Senate; and 

7 (2) the Committee on Foreign Affairs, the 

8 Committee on Financial Services, and the Com9 mittee on Ways and Means of the House of Rep10 resentatives. 

11 SEC. 3. AUTHORITY TO ENSURE COMPENSATION TO ISRAEL 

12 USING CONFISCATED IRANIAN ASSETS. 

13 (a) CONFISCATION.— 

14 (1) IN GENERAL.—The President shall con15 fiscate any Iranian assets subject to the jurisdiction 

16 of the United States, including assets that are with17 in the scope of the Iranian assets authorized to be 

18 transferred from South Korea to the oversight of 

19 Qatar on September 11, 2023. 

20 (2) LIQUIDATION AND DEPOSIT.—The Presi21 dent shall— 

22 (A) deposit any funds confiscated under 

23 paragraph (1) into the Fund established under 

24 subsection (b); 


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1 (B) liquidate or sell any other property 

2 confiscated under paragraph (1) and deposit 

3 the funds resulting from such liquidation or 

4 sale into the Fund established under subsection 

5 (b); and 

6 (C) make all such funds available for the 

7 purposes described in subsection (b)(2). 

8 (3) VESTING.—All right, title, and interest in 

9 Iranian assets confiscated under paragraph (1) shall 

10 vest, if necessary, in the Government of the United 

11 States while being held in the Fund established 

12 under subsection (b). 

13 (b) ESTABLISHMENT OF A FUND TO PROVIDE AS14 SISTANCE TO ISRAEL.— 

15 (1) IN GENERAL.—The President shall establish 

16 a non-interest-bearing account (referred to in this 

17 Act as the ‘‘Fund’’) to consist of the funds deposited 

18 into the account under subsection (a)(2) . 

19 (2) USE OF FUNDS.—The funds in the account 

20 established under paragraph (1) are authorized to be 

21 made available for the procurement of defense arti22 cles and services for Israel. 

23 (c) JUDICIAL REVIEW.— 


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1 (1) IN GENERAL.—The confiscation of Iranian 

2 assets under subsection (a)(1) shall not be subject to 

3 judicial review. 

4 (2) RULE OF CONSTRUCTION.—Nothing in this 

5 subsection shall be construed to limit any private in6 dividual or entity from asserting due process claims 

7 in United States courts. 

8 (d) EXCEPTION FOR UNITED STATES OBLIGATIONS

9 UNDER VIENNA CONVENTIONS.—The authorities pro10 vided by this section may not be exercised in a manner 

11 inconsistent with the obligations of the United States 

12 under— 

13 (1) the Convention on Diplomatic Relations, 

14 done at Vienna April 18, 1961, and entered into 

15 force April 24, 1964 (23 UST 3227); 

16 (2) the Convention on Consular Relations, done 

17 at Vienna April 24, 1963, and entered into force on 

18 March 19, 1967 (21 UST 77); 

19 (3) the Agreement Regarding the Headquarters 

20 of the United Nations, signed at Lake Success June 

21 26, 1947, and entered into force November 21, 1947 

22 (TIAS 1676); or 


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1 (4) any other international agreement governing 

2 the use of force and establishing rights under inter3 national humanitarian law. 

Æ 


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