[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4438 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4438
To expand the categories of forfeited property available to remediate
harms to Ukraine from Russian aggression, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2024
Mr. Manchin (for himself and Mr. Graham) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To expand the categories of forfeited property available to remediate
harms to Ukraine from Russian aggression, 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 ``Transferring Illicit Assets to
Ukraine Act of 2024''.
SEC. 2. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO REMEDIATE HARMS TO
UKRAINE FROM RUSSIAN AGGRESSION.
(a) In General.--Section 1708 of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public Law 117-
328; 136 Stat. 5200) is amended--
(1) in subsection (a), by inserting ``from any forfeiture
fund'' after ``The Attorney General may transfer''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``which property
belonged'' and all that follows and inserting the
following: ``which property--
``(A) belonged to, was possessed by, or was
controlled by a person the property or interests in
property of which were blocked pursuant to any covered
legal authority;
``(B) was involved in an act in violation of, or a
conspiracy or scheme to violate or cause a violation
of--
``(i) any covered legal authority; or
``(ii) any restriction on the export,
reexport, or in-country transfer of items
imposed by the United States under the Export
Administration Regulations, or any restriction
on the export, reexport, or retransfer of
defense articles under the International
Traffic in Arms Regulations under subchapter M
of chapter I of title 22, Code of Federal
Regulations, with respect to--
``(I) the Russian Federation,
Belarus, the Crimea region of Ukraine,
or the so-called Donetsk and Luhansk
People's Republic regions of Ukraine;
``(II) any person in any such
country or region on a restricted
parties list; or
``(III) any person located in any
other country that has been added to a
restricted parties list in connection
with the malign conduct of the Russian
Federation in Ukraine, including the
annexation of the Crimea region of
Ukraine in March 2014 and the invasion
beginning in February 2022 of Ukraine,
as substantially enabled by Belarus; or
``(C) was involved in any related conspiracy,
scheme, or other Federal offense arising from the
actions of, or doing business with or acting on behalf
of, the Russian Federation, Belarus, or the Crimea
region of Ukraine, or the so-called Donetsk and Luhansk
People's Republic regions of Ukraine.''; and
(B) by adding at the end the following:
``(3) The term `covered legal authority' means any license,
order, regulation, or prohibition imposed by the United States
under the authority provided by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) or any other
provision of law, with respect to--
``(A) the Russian Federation;
``(B) the national emergency--
``(i) declared in Executive Order 13660 (50
U.S.C. 1701 note; relating to blocking property
of certain persons contributing to the
situation in Ukraine);
``(ii) expanded by--
``(I) Executive Order 13661 (50
U.S.C. 1701 note; relating to blocking
property of additional persons
contributing to the situation in
Ukraine); and
``(II) Executive Order 13662 (50
U.S.C. 1701 note; relating to blocking
property of additional persons
contributing to the situation in
Ukraine); and
``(iii) relied on for additional steps
taken in Executive Order 13685 (50 U.S.C. 1701
note; relating to blocking property of certain
persons and prohibiting certain transactions
with respect to the Crimea region of Ukraine);
``(C) the national emergency, as it relates to the
Russian Federation--
``(i) declared in Executive Order 13694 (50
U.S.C. 1701 note; relating to blocking the
property of certain persons engaging in
significant malicious cyber-enabled
activities); and
``(ii) relied on for additional steps taken
in Executive Order 13757 (50 U.S.C. 1701 note;
relating to taking additional steps to address
the national emergency with respect to
significant malicious cyber-enabled
activities);
``(D) the national emergency--
``(i) declared in Executive Order 14024 (50
U.S.C. 1701 note; relating to blocking property
with respect to specified harmful foreign
activities of the Government of the Russian
Federation);
``(ii) expanded by Executive Order 14066
(50 U.S.C. 1701 note; relating to prohibiting
certain imports and new investments with
respect to continued Russian Federation efforts
to undermine the sovereignty and territorial
integrity of Ukraine); and
``(iii) relied on for additional steps
taken in--
``(I) Executive Order 14039 (22
U.S.C. 9526 note; relating to blocking
property with respect to certain
Russian energy export pipelines);
``(II) Executive Order 14068 (50
U.S.C. 1701 note; relating to
prohibiting certain imports, exports,
and new investment with respect to
continued Russian Federation
aggression); and
``(III) Executive Order 14071 (50
U.S.C. 1701 note; relating to
prohibiting new investment in and
certain services to the Russian
Federation in response to continued
Russian Federation aggression); and
``(iv) which may be expanded or relied on
in future Executive orders; or
``(E) actions or policies that undermine the
democratic processes and institutions in Ukraine or
threaten the peace, security, stability, sovereignty,
or territorial integrity of Ukraine.
``(4) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).
``(5) The term `restricted parties list' means any of the
following lists maintained by the Bureau of Industry and
Security:
``(A) The Entity List set forth in Supplement No. 4
to part 744 of the Export Administration Regulations.
``(B) The Denied Persons List maintained pursuant
to section 764.3(a)(2) of the Export Administration
Regulations.
``(C) The Unverified List set forth in Supplement
No. 6 to part 744 of the Export Administration
Regulations.''.
(b) Semiannual Reports.--Such section is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Not later than 180 days after the date of the enactment of
the Transferring Illicit Assets to Ukraine Act of 2024, and every 180
days thereafter, the Secretary of State, in consultation with the
Attorney General and the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report on progress made in
remediating the harms of Russian aggression toward Ukraine as a result
of transfers made under subsection (a).''.
(c) Plan Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Attorney General, in
consultation with the Secretary of the Treasury and the
Secretary of State, shall submit to the appropriate
congressional committees a plan for using the authority
provided by section 1708 of the Additional Ukraine Supplemental
Appropriations Act, 2023, as amended by this section.
(2) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' has
the meaning given that term by section 1708 of the Additional
Ukraine Supplemental Appropriations Act, 2023, as amended by
this section.
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