119-s1490

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1490 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1490

 To establish and authorize funding for a Russia Sanctions Enforcement 
 Fund to enforce United States sanctions with respect to the Russian 
 Federation and its illegal ghost ship fleet to pay off the United 
 States public debt and to codify the Export Enforcement Coordination 
 Center.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 10, 2025

 Ms. Ernst (for herself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

 To establish and authorize funding for a Russia Sanctions Enforcement 
 Fund to enforce United States sanctions with respect to the Russian 
 Federation and its illegal ghost ship fleet to pay off the United 
 States public debt and to codify the Export Enforcement Coordination 
 Center.

 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 ``Global Hunt for Offshore Smuggling 
and Trafficking Act of 2025'' or the ``GHOST Act of 2025''.

SEC. 2. RUSSIA SANCTIONS ENFORCEMENT FUND.

    (a) In General.--Not later than 15 days after the date of the 
enactment of this Act, there shall be established in the Treasury of 
the United States a fund, to be known as the ``Russia Sanctions 
Enforcement Fund'' (in this section referred to as the ``Fund''), to 
pay expenses relating to seizures and forfeitures of property made with 
respect to violations by the Russian Federation and covered merchant 
ships of sanctions imposed by the United States.

    (b) Designation of Administrator.--Not later than 15 days after the 
date of the enactment of this Act, the Secretary of Homeland Security, 
in consultation with the Secretary of the Treasury, shall appoint an 
administrator for the Fund (in this section referred to as the 
``Administrator'').
            (c) Expenditures From the Fund.--

    (1) In general.--The Administrator may authorize amounts 
 from the Fund to be used, without further appropriation or 
 fiscal year limitation, for payment of all proper expenses 
 relating to a covered seizure or forfeiture, including the 
 following:
        (A) Investigative costs incurred by a law 
 enforcement agency of the Department of Homeland 
 Security or the Department of Justice.
        (B) Expenses of detention, inventory, security, 
 maintenance, advertisement, or disposal of the property 
 seized or forfeited, and if condemned by a court and a 
 bond for such costs was not given, the costs as taxed 
 by the court.
            (C) Costs of--
            (i) contract services relating to a covered 
 seizure or forfeiture;
            (ii) 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 properties; and
            (iii) reimbursing any Federal, State, or 
 local agency for any expenditures made to 
 perform the functions described in this 
 subparagraph.
            (D) Payments to reimburse any covered Federal 
 agency for investigative costs incurred leading to a 
 covered seizure or forfeiture.
        (E) 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 forfeiture.
        (F) Awards of compensation to informers for 
 assistance provided with respect to a violation by the 
 Russian Federation or a covered merchant ship of 
 sanctions imposed by the United States that leads to a 
 covered seizure or forfeiture.
        (G) Equitable sharing payments made to other 
 Federal agencies, State and local law enforcement 
 agencies, and foreign governments for expenses incurred 
 with respect to a covered seizure or forfeiture.
        (H) Payment of overtime pay, salaries, travel, 
 fuel, training, equipment, 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 
 forfeiture.

    (2) 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 following:
        (A) Payment of awards for information or assistance 
 leading to a civil or criminal forfeiture made with 
 respect to a violation by the Russian Federation or a 
 covered merchant ship of sanctions imposed by the 
 United States and involving any covered Federal agency.
        (B) Purchases of evidence or information by a 
 covered Federal agency with respect to a violation by 
 the Russian Federation or a covered merchant ship of 
 sanctions imposed by the United States that leads to a 
 covered seizure or forfeiture.
            (C) Payment for equipment for any vessel, vehicle, 
 or aircraft available for official use by a covered 
 Federal agency to enable the vessel, vehicle, or 
 aircraft to assist in law enforcement functions 
 relating to a covered seizure or forfeiture, and for 
 other equipment directly related to a covered seizure 
 or forfeiture, including laboratory equipment, 
 protective equipment, communications equipment, and the 
 operation and maintenance costs of such equipment.
            (D) Payment for equipment for any vessel, vehicle, 
 or aircraft for official use by a State or local law 
 enforcement agency to enable the vessel, vehicle, or 
 aircraft to assist in law enforcement functions 
 relating to a covered seizure or forfeiture if the 
 vessel, vehicle, or aircraft will be used in joint law 
 enforcement operations with a covered Federal agency.
        (E) 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 forfeiture.

    (3) Prioritization of activities within the fund.--In 
 allocating amounts from the Fund for the purposes described in 
 paragraphs

    (1) and

    (2) , 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 the Russian Federation or a covered 
 merchant ship to carry out evasive or deceptive acts.
            (d) Management of Fund.--The Fund shall be managed and invested in 
the same manner as a trust fund is managed and invested under 

section 9602 of the Internal Revenue Code of 1986.

    (e) Funding.--

    (1) Initial funding.--
        (A) Authorization of appropriations.--There is 
 authorized to be appropriated to the Fund $150,000,000 
 for fiscal year 2026, to remain available until 
 expended.
        (B) Repayment of initial funding.--
            (i) In general.--Not later than September 
 30, 2036, the Administrator shall transfer from 
 the Fund into the general fund of the Treasury 
 an amount equal to $150,000,000, as adjusted 
 pursuant to paragraph

    (3) .
            (ii) Rule of construction.--The repayment 
 of amounts under clause
            (i) shall not be 
 construed as a termination of the authority for 
 the operation of the Fund.

    (2) Maximum end-of-year balance.--
        (A) In general.--If, at the end of a fiscal year, 
 the amount in the Fund exceeds the amount specified in 
 subparagraph
        (B) , the Administrator shall transfer the 
 amount in excess of the amount specified in 
 subparagraph
        (B) to the general fund of the Treasury 
 for the payment of the public debt of the United 
 States.
        (B) Amount specified.--The amount specified in this 
 subparagraph is--
            (i) in fiscal year 2026, $500,000,000; and
            (ii) in any fiscal year thereafter, 
 $500,000,000, as adjusted pursuant to paragraph

    (3) .

    (3) Adjustments for inflation.--
        (A) In general.--The amounts described in 
 paragraphs

    (1)
        (B)
            (i) and

    (3)
        (B)
            (ii) shall be adjusted, 
 at the beginning of each of fiscal years 2027 through 
 2036, to reflect the percentage (if any) of the 
 increase in the average of the Consumer Price Index for 
 the preceding 12-month period compared to the Consumer 
 Price Index for fiscal year 2025.
        (B) Consumer price index defined.--In this 
 paragraph, 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 
 Labor.

    (f) Prohibition on Transfer of Funds.--

    (1) In general.--Any expenditure of amounts in the Fund, or 
 transfer of amounts from the Fund, not authorized by this 
 section is prohibited.

    (2) Acts by congress.--Any Act of Congress to remove money 
 from the Fund shall be reported in the Federal Register not 
 later than 10 days after the enactment of the Act.

    (g) Report.--Not later than September 1, 2026, and annually 
thereafter through September 1, 2036, the Secretary of Homeland 
Security, with the concurrence of the Secretary of the Treasury, shall 
submit to the appropriate congressional committees a report on--

    (1) all activities supported by the Fund during the fiscal 
 year during which the report is submitted and the preceding 
 fiscal year;

    (2) a list of each covered seizure or forfeiture supported 
 by the Fund during those fiscal years and, with respect to each 
 such seizure or forfeiture--
        (A) the goods seized;
        (B) the current status of the forfeiture of the 
 goods;
            (C) an assessment of the impact on the national 
 security of the United States of the seizure or 
 forfeiture, including the estimated loss of revenue to 
 the person from which the goods were seized; and
            (D) any anticipated response or outcome of the 
 seizure or forfeiture;

    (3) the financial health and financial data of the Fund as 
 of the date of the report;

    (4) the amount transferred to the general fund of the 
 Treasury under subsection

    (e) or

    (h) ;

    (5)
        (A) the amount paid to informants for information or 
 evidence under subsection
            (c) ;
        (B) whether the information or evidence led to a seizure; 
 and
            (C) if so, the cost of the goods seized;

    (6) the amount remaining to be transferred under subsection

    (e)

    (2) and an estimated timeline for transferring the full 
 amount required by that subsection; and

    (7)
        (A) any instances during the fiscal years covered by the 
 report of a covered seizure or forfeiture if, after amounts 
 were expended from the Fund to support the seizure or 
 forfeiture, the seizure or forfeiture did not occur as a result 
 of a policy decision made by the Secretary of Homeland 
 Security, the President, or any other official of the United 
 States; and
        (B) a description of the costs incurred and reasons the 
 seizure or forfeiture did not occur.

    (h) Failure To Report or Utilize the Fund.--

    (1) Effect of failure to submit report.--If a report 
 required by subsection

    (g) is not submitted to the appropriate 
 congressional committees by the date that is 180 days after the 
 report is due under subsection

    (g) , the Administrator shall 
 transfer an amount equal to 5 percent of the amounts in the 
 Fund to the general fund of the Treasury for the payment of the 
 public debt of the United States. For each 90-day period 
 thereafter during which the report is not submitted, the 
 Administrator shall transfer an additional amount, equal to 5 
 percent of the amounts in the Fund, to the general fund of the 
 Treasury for that purpose.

    (2) Effect of failure to use fund.--If a report submitted 
 under subsection

    (g) indicates that amounts in the Fund have 
 not been used for any seizure or forfeiture activity during the 
 fiscal years covered by the report, 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 States.

    (3) Waiver of termination of fund for national security 
 

=== purposes ===
-
        (A) 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

    (2) , the President may waive the requirement 
 to terminate the Fund.
        (B) Report required.--If the President exercises 
 the waiver authority under subparagraph
        (A) , 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 
 Fund.
            (C) Form.--The report required by subparagraph
        (B) shall be submitted in unclassified form, but may 
 include a classified annex.
            (i) Rule of Construction.--Nothing in this section may be construed 
to affect the requirements of subsection

    (e) of the Justice for United 
States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) or 
the operation of the United States Victims of State Sponsored Terrorism 
Fund under that subsection.

    (j) 

=== Definitions. ===
-In this section:

    (1) Appropriate congressional committees.--The term 
 ``appropriate congressional committees'' means--
        (A) the Committee on Banking, Housing, and Urban 
 Affairs and the Committee on Homeland Security and 
 Governmental Affairs of the Senate; and
        (B) the Committee on Financial Services and the 
 Committee on Homeland Security of the House of 
 Representatives.

    (2) Covered federal agency.--The term ``covered Federal 
 agency'' means any Federal agency specified in 

section 3

    (b) .

    (3) Covered merchant ship.--The term ``covered merchant 
 ship'' means a flag ship transporting oil subject to sanctions 
 imposed by the United States for the Russian Federation or an 
 organization that works on behalf of, or receives financial or 
 material support from, the Government of the Russian 
 Federation, including Gazprom.

    (4) Covered seizure or forfeiture.--The term ``covered 
 seizure or forfeiture'' means a seizure or forfeiture of 
 property made with respect to a violation by the Russian 
 Federation or a covered merchant ship of sanctions imposed by 
 the United States.

SEC. 3. ESTABLISHMENT OF EXPORT ENFORCEMENT COORDINATION CENTER.

    (a) Establishment.--The Secretary of Homeland Security shall 
operate and maintain, within Homeland Security Investigations, the 
Export Enforcement Coordination Center, as established by Executive 
Order 13558 (50 U.S.C. 4601 note) (in this section referred to as the 
``Center'').

    (b) 

=== Purposes ===
-The Center shall serve as the primary center for 
Federal Government export enforcement efforts among the following 
agencies:

    (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 agencies as the President may designate.
            (c) Coordination Authority.--The Center shall--

    (1) 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;

    (2) serve as a primary point of contact between enforcement 
 authorities and agencies engaged in export licensing;

    (3) coordinate law enforcement public outreach activities 
 related to United States export controls;

    (4) serve as the primary deconfliction and support center 
 to assist law enforcement agencies to coordinate and enhance 
 investigations with respect to export control violations;

    (5) establish integrated, governmentwide statistical 
 tracking and targeting capabilities to support export 
 enforcement; and

    (6) carry out additional duties as assigned by the 
 Secretary of Homeland Security regarding the enforcement of 
 United States export control laws.
            (d) Administration.--The Executive Associate Director of Homeland 
Security Investigations shall--

    (1) serve as the administrator of the Center; and

    (2) maintain documentation that describes the participants 
 in, funding of, core functions of, and personnel assigned to, 
 the Center.

    (e) Director; Deputy Directors.--

    (1) Director.--The Center shall have a Director, who shall 
 be--
        (A) a member of the Senior Executive Service (as 
 defined in 

section 2101a of title 5, United States 
 Code) and a special agent within Homeland Security 
 Investigations; and
        (B) designated by the Secretary of Homeland 
 Security.

    (2) Deputy directors.--The Center shall have 2 Deputy 
 Directors, as follows:
        (A) One Deputy Director, who shall be--
            (i) a full-time employee of the Department 
 of Commerce; and
            (ii) appointed by the Secretary of 
 Commerce.
        (B) One Deputy Director, who shall be--
            (i) a full-time employee of the Department 
 of Justice; and
            (ii) appointed by the Attorney General.

    (f) Liaisons From Other Agencies.--

    (1) Intelligence community liaison.--An intelligence 
 community liaison shall be detailed to the Center. The liaison 
 shall be--
        (A) a full-time employee of an element of the 
 intelligence community; and
        (B) designated by the Director of National 
 Intelligence.

    (2) Liaisons from other agencies.--
        (A) In general.--A liaison shall be detailed to the 
 Center by each agency specified in subparagraph
        (B) . 
 Such liaisons shall be special agents, officers, 
 intelligence analysts, or intelligence officers, as 
 appropriate.
        (B) Agencies specified.--The agencies specified in 
 this subparagraph are the following:
            (i) Homeland Security Investigations.
            (ii) U.S. Customs and Border Protection.
            (iii) The Office of Export Enforcement of 
 the Bureau of Industry and Security of the 
 Department of Commerce.
            (iv) The Federal Bureau of Investigation.
            (v) The Defense Criminal Investigative 
 Service.
            (vi) The Bureau of Alcohol, Tobacco, 
 Firearms and Explosives.
            (vii) The National Counterintelligence and 
 Security Center of the Office of the Director 
 of National Intelligence.
            (viii) The Department of Energy.
            (ix) The Office of Foreign Assets Control 
 of the Department of the Treasury.
            (x) The Directorate of Defense Trade 
 Controls of the Department of State.
            (xi) The Office of Export Administration of 
 the Bureau of Industry and Security.
            (xii) The Office of Enforcement Analysis of 
 the Bureau of Industry and Security.
            (xiii) The Office of Special Investigations 
 of the Air Force.
            (xiv) The Criminal Investigation Division 
 of the Army.
            (xv) The Naval Criminal Investigative 
 Service.
            (xvi) The Defense Intelligence Agency.
            (xvii) The Defense Counterintelligence and 
 Security Agency.
            (xviii) Any other agency, at the request of 
 the Secretary of Homeland Security.
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