Export Controls Enforcement Improvement Act of 2024

Bill: 118-s-4085
Sponsor: full_name: Sen. Romney, Mitt [R-UT]
Introduced: 2024-04-09
Policy area: Foreign Trade and International Finance
Subjects: Advanced technology and technological innovations

Asia

China

Congressional oversight

Department of Homeland Security

Diplomacy, foreign officials, Americans abroad

Europe

Executive agency funding and structure

Free trade and trade barriers

Government information and archives

Iran

Law enforcement administration and funding

Middle East

North Korea

Russia

Trade restrictions
Latest action: action_date: 2024-04-10
text: Committee on Homeland Security and Governmental Affairs Subcommittee on Emerging Threats and Spending Oversight. Hearings held.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4085 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.

1. Short title This Act may be cited as the Export Controls Enforcement Improvement Act of 2024 . 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. 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. 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. 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.