The National Security Act of 2024 – the national security supplemental package signed into law on April 24, 2024 – advances U.S. foreign policy and national security objectives across various critical areas. However, for these initiatives to succeed, Congress must ensure the executive branch meets the new law’s requirements and deadlines. Several key dates and deadlines implemented by this law have already passed or are coming up this summer. They represent an important opportunity for Congress to hold the administration accountable and exercise vigorous oversight.
Below is an oversight guide and calendar of key summer dates and deadlines for some of these newly enacted provisions.
The Stop Harboring Iranian Petroleum Act (SHIP Act) imposes new sanctions on importing and facilitating the importation of petroleum products from Iran. Congress needs to closely monitor the implementation and enforcement of these new mandatory measures. Specifically, the provision:
• Requires the President to impose sanctions on foreign port owners and operators who knowingly dock vessels transporting Iranian oil.
• Sanctions individuals who knowingly process, refine, deal in, or engage in ship-to-ship transfers of Iranian oil.
• Authorizes the President to prohibit covered vessels from docking at any U.S. port for two years, freeze U.S. assets owned by sanctioned entities, and deny or revoke U.S. visas.
• August 22, 2024—The first annual report from the Energy Information Agency on Iran’s export of petroleum and petroleum products is due (Sec. 4(a) of Division J). This report is required until the President certifies that the Government of Iran no longer repeatedly provides support for international terrorism and has ceased and verifiably dismantled its nuclear, biological, chemical, and ballistic missile weapons programs.
• August 22, 2024—The Secretary of State must provide and brief Congress on a strategy to address the role of the People’s Republic of China regarding sanctions evasion related to Iranian-origin petroleum products (Sec. 5(a) of Division J).
The Fight and Combat Rampant Iranian Missile Exports Act (Fight CRIME Act) targets Tehran’s missile capabilities and proliferation by mandating the enforcement of Annex B to UN Security Council Resolution 2231 (2015) – a resolution that restricts missile-related activities and transfers to and from Iran. The law mandates sanctions on anyone who:
• Provides Iran with items or technology covered by the Missile Technology Control Regime or otherwise supports the general development of Iran’s missile program; or
• Provides financial or technological support or engages in significant transactions with individuals sanctioned by this law—an area in which Congress should aggressively push the administration to act.
• April 24, 2024—The sanctions took effect immediately (Sec. 5(a) of Division K).
• July 23, 2024—Two reports/strategies mandated by the Fight CRIME Act are due. The first is an annual strategy on how to maintain multilateral prohibitions on Iran’s missile program (Sec. 4(a) of Division K). It is required through July 23, 2026. The second is a recurring report identifying all Iranians who have attacked U.S. citizens using unmanned aerial systems (Sec. 6(a) of Division K). It is due every 180 days after the initial report is submitted until April 24, 2028.
• August 12, 2024—The administration must brief the appropriate congressional committees on the implementation regulations to be issued on August 22, 2024 (Sec. (5)(f)(2) of Division K).
• August 22, 2024—Regulations are to be issued to implement the Fight CRIME Act sanctions (Sec. 5(f)(1) of Division K).
The Mahsa Amini Human Rights and Security Accountability Act (MAHSA Act) imposes sanctions on the Supreme Leader of Iran and the President of Iran and their respective offices for human rights abuses and support for terrorism. Specifically, the provision:
• Mandates the imposition and/or continuation of existing sanctions on specific Government of Iran officials – including the Supreme Leader, President, and other state officials overseen by their offices – if they continue to violate U.S. sanctions regarding human rights abuses, corruption, support for terrorism, and other malign conduct.
• Includes a congressional sanctions nomination authority for the chairmen and ranking members of the House Committees on Foreign Affairs and Financial Services and Senate Committees on Foreign Relations and Banking, Housing, and Urban Affairs. In response to a nomination, the President must determine if the individual meets the designation criteria and report to Congress within 60 days on whether sanctions were or are intended to be imposed.
• July 23, 2024—On this date and annually thereafter, the administration must determine whether the Supreme Leader and Iran’s national command authority meet the designation criteria under one or more of the sanctions programs and authorities listed in the law (Sec. 2(c)(1)(A)(B) of Division L). Alongside this annual determination, the President shall impose applicable sanctions for any foreign person determined to meet the criteria.
• July 23, 2024—On this date and annually thereafter, the administration must also report to Congress the list of all foreign persons that meet the designation criteria (Sec. 2(c)(1)(C of Division L). The report further details which, if any, of the sanctions authorized have or will be imposed within 30 days of the report’s submission and, similarly, if any sanctions designations have been waived and under what specific authorities.
• August 22, 2024—This date marks the end of the thirty-day window by which individuals who meet the designation criteria are designated unless waivers are issued. This deadline recurs annually.
The Hamas and Other Palestinian Terrorist Groups International Financing Prevention Act provision imposes sanctions for foreign support for Palestinian terrorist organizations. This includes suspending U.S. assistance, directing U.S. representatives at international financial institutions to oppose assistance, and blocking the export of weapons and other dual-use components for a year. However, the President could waive sanctions for national security interests or if they would prevent the U.S. from meeting the terms of a status of forces agreement. Specifically, this provision mandates sanctions on:
• Foreign individuals and entities that support acts of terrorism, including through financial, material, or technological support;
• Those who engage in a significant transaction with senior members of Hamas, Palestinian Islamic Jihad (PIJ), the Al-Aqsa Martyrs Brigade, the Lion’s Den, or their affiliates; and
• Most significantly, on foreign states that support the organizations named above.
• June 23, 2024—The administration must issue revised regulations for implementing the sanctions against individuals and entities providing material or other support to Hamas, PIJ, Al-Aqsa Martyrs Brigade, the Lion’s Den, and possibly others (Sec. 3(e)(2) of Division M). Similarly, the administration must also issue regulations for implementing sanctions against foreign governments that provide material or financial support to those organizations (Sec. 4(f)(2) of Division M). These will go into effect on October 21, 2024.
• July 23, 2024—The first report on activities to disrupt global fundraising, financing, and money laundering activities of Hamas, PIJ, al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor is due (Sec. 5(a) of Division M). It is also due every 180 days after the initial report is submitted until April 24, 2031.
The Strengthening Tools to Counter the Use of Human Shields Act enhanced and extended the Sanctioning the Use of Civilians as Defenseless Shields Act, which expired on December 31, 2023. Specifically, this provision:
• Reinstates sanctions that had recently expired against foreign persons, including Hamas, that use civilians as human shields for protection during attacks to be in effect until December 31, 2030;
• Adds members of the PIJ to the mandatory sanctions list;
• Includes a reporting requirement on multilateral efforts to combat the use of human shields; and
• Includes a congressional sanctions nomination authority for the chairmen and ranking members of the House Committees on Foreign Affairs and the Judiciary as well as the Senate Committees on Foreign Relations and the Judiciary. In response to a nomination, the President must determine if the individual meets the designation criteria and report to Congress within 60 days on whether sanctions were or are intended to be imposed.
• April 24, 2024—The reauthorization and expansion of the sanctions to include PIJ and the inclusion of congressional nominating authority took place on the date of enactment (Sec. 3(a) of Division O).
• August 22, 2024—The report is due on combating the use of human shields by terrorist organizations such as Hamas, Hezbollah, PIJ, and any other organization as determined by the Secretary of Defense. (Sec. 4(a) of Division O).
The No Technology for Terror Act codifies and expands the foreign direct product rule regulating foreign-produced, low-technology items used in Iranian drones if they contain U.S. content.
• July 23, 2024—The codification of the rule takes effect (Sec. 2(a) of Division N). The authority provided under this section shall terminate on July 23, 2031.
The Illicit Captagon Trafficking Suppression Act of 2023 provision imposes mandatory sanctions on foreign individuals and entities involved in the illicit production or trade of Captagon, a synthetic amphetamine-type stimulant. The designation criteria are very broad and track with opioid trafficking sanctions regulations, which Congress should appropriately leverage.
• April 24, 2024—The sanctions took effect immediately on the date of enactment (Sec. 4(a) of Division P).
• August 12, 2024—The administration must brief the appropriate congressional committees on the regulations to be issued on August 22 (Sec. (4)(f)(2) of Division P).
• August 22, 2024—Regulations are to be issued to implement the Captagon sanctions legislation (Sec. (4)(f)(1) of Division P).
The new legislation prohibits the distribution, maintenance, updating, or internet hosting of a foreign adversary-controlled application – including those operated by ByteDance, TikTok, or subsidiaries – that provides certain services within the United States. Civil penalties will be imposed on any company that distributes or maintains TikTok unless “qualifying divestiture” takes place. Therefore, ByteDance will likely be required to sell TikTok to an entity outside of the jurisdiction of a foreign adversary for it to continue to operate within U.S. jurisdiction. Specifically, the new provisions:
• Mandates that U.S.-approved entities, such as internet service providers and app stores, are prohibited from hosting the platform unless it spins off from ByteDance Ltd. within 270 days of the measure’s enactment (or 360 days if the president grants a one-time exception). Other applications could be subject to the same restrictions if they are controlled by a foreign adversary and the President determines they pose a national security risk. Oversight Opportunity – Congress can ensure that the executive branch enforces these changes in a manner consistent with the intent of Congress and amends regulations and regulatory guidance appropriately.
• Bars companies from licensing, selling, or otherwise making available the sensitive data of U.S. residents to foreign adversaries, or companies controlled by foreign adversaries, such as China, Iran, North Korea, and Russia, within 60 days of the measure’s enactment. Oversight Opportunity – Congress can inquire upon enactment which companies have been identified by the administration.
• June 23, 2024—Companies will be barred from licensing, selling, or otherwise making available the sensitive data of U.S. residents to foreign adversaries (Sec. 2(d) of Division I). Note: TikTok itself has already sued the U.S. Government, challenging the law as unconstitutional, and the courts have fast-tracked their lawsuit, which will be heard in September.
Since the passage of the REPO for Ukrainians Act, G-7 leaders have agreed on a plan to support Ukraine using frozen Russian sovereign assets. By engineering a $50 billion loan package for Ukraine backed by profits from billions in frozen Russian assets, the G-7 can financially support Ukraine’s reconstruction without outright confiscating the assets. To help ensure the longevity and viability of this plan, European Union member states met in July to renew Russia sanctions and extend the renewal period of sanctions on Russian sovereign assets. Compared to the U.S.’s jurisdiction over $5 billion in Russian frozen assets, this plan takes advantage of partners’ combined jurisdiction over some $320 billion in Russian assets frozen by the West. Congressional leaders have also been generally supportive of these efforts. While this news marks a significant change, there are still important oversight opportunities for Members of Congress under the new provision. Specifically, the new legislation:
• Requires the President to direct financial institutions to provide notice of Russian state assets that they are holding within 10 days of discovering such assets.
• Authorizes the President to confiscate Russian sovereign assets 30 days after certifying to Congress that doing so is in the national interest of the United States. The administration also must certify that it coordinated with key U.S. allies and developed a mechanism to compensate Ukraine for damages while developing appropriate oversight mechanisms to prevent abuse.
• Provides Congress with a way to block the transfer of Russian assets by passing a joint resolution prohibiting the transfer within 15 days of receiving notice of the transfer. The President must enact this resolution.
• Requires the President to report to Congress on the amount of Russian funds confiscated and transferred every 180 days.
• Prevents the administration from unblocking Russian sovereign assets and returning them to Moscow unless the President certifies that Russia has terminated its invasion of Ukraine and has fully compensated Kyiv for damages. Congress can also block the release of these assets through a joint resolution.
• Limits judicial review to claims brought within 60 days of an action that would allegedly deny constitutional rights and provides expedited consideration in the U.S. District Court for the District of Columbia.
• Requires the administration to establish an international mechanism to assist Ukraine and provide Congress with an expedited way to block the release of funds within 30 days of receiving notice of entering any such international agreement.
• April 24, 2024—Prohibitions on the release of blocked Russian sovereign assets took effect immediately (Sec. 103(a) of Division F).
• July 23, 2024—The President shall mandate that financial institutions report on the location and disposition of all Russian sovereign assets (Sec. 104(a) of Division F). UPDATE: Treasury Press Release – “Treasury Implements REPO for Ukrainians Act Reporting Requirement” (July 23, 2024)
• July 23, 2024—The first report from the President is due on the status of the status of the Ukraine Support Fund, which was established by the REPO for Ukrainians Act (Sec. 104(i) of Division F). It is due every 180 days after the submission of the first report.
• July 23, 2024—The first report from the President is due on the status of the status of the implementation of the international mechanism and Ukraine Compensation Fund (Sec. 105(g) of Division F). It is due every 90 days after the submission of the first report.
• July 23, 2024—The first report is due from the Secretary of State and Treasury Secretary on the amount and source of Russian sovereign assets seized, transferred, or confiscated; the amount and source of funds deposited into the Ukraine Support Fund; and a detailed description and accounting of how such funds were used to meet the purposes of the REPO for Ukrainians Act (Sec. 106 of Division F). It is due every 180 days after the submission of the first report.