[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3838 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3838
To authorize the confiscation of property of certain Russian persons
subject to sanctions imposed by the United States and the use of that
property for the benefit of the people of Ukraine, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2022
Mr. Whitehouse (for himself, Mr. Graham, Mr. Blumenthal, and Mr.
Wicker) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To authorize the confiscation of property of certain Russian persons
subject to sanctions imposed by the United States and the use of that
property for the benefit of the people of Ukraine, 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 ``Asset Seizure for Ukraine
Reconstruction Act''.
SEC. 2. USE OF PROPERTY OF SANCTIONED RUSSIAN PERSONS FOR THE BENEFIT
OF THE PEOPLE OF UKRAINE.
(a) Authorization of Confiscation of Property.--
(1) In general.--Upon declaring a national emergency under
section 201 of the National Emergencies Act (50 U.S.C. 1621)
with respect to the engagement of the Russian Federation in a
conflict of territorial conquest in Ukraine, the President
may--
(A) by means of such instructions, licenses, or
other regulations as the President determines
appropriate, confiscate any funds or other property of
any foreign person described in subsection (b)--
(i) subject to the jurisdiction of the
United States; and
(ii) valued in excess of $2,000,000;
(B) liquidate or sell any of such property; and
(C) transfer funds confiscated under subparagraph
(A) and the proceeds of property liquidated or sold
under subparagraph (B) to such agencies or other
persons as the President determines appropriate to be
used for the purposes described in subsection (c).
(2) Vesting.--All right, title, and interest in funds and
other property confiscated under paragraph (1) shall vest in
the Government of the United States.
(b) Foreign Person Described.--A foreign person described in this
subsection is a foreign person--
(1) the wealth of which, according to credible information,
is derived in part through corruption linked to or political
support for the regime of the President of the Russian
Federation, Vladimir Putin; and
(2) with respect to which the United States has imposed
sanctions relating to corruption, human rights violations, the
malign influence of the Russian Federation, or conflicts in
Ukraine.
(c) Use of Funds.--Funds confiscated under subparagraph (A) of
subsection (a)(1) and the proceeds of property liquidated or sold under
subparagraph (B) of that subsection may be used only for the benefit of
the people of Ukraine, for the following purposes:
(1) Post-conflict reconstruction in Ukraine.
(2) Humanitarian assistance.
(3) Weapons for the military forces of the elected
Government of Ukraine.
(4) Provisions to support refugees and refugee resettlement
in neighboring countries and in the United States.
(5) The provision of technology items and services to
ensure the free flow of information to the Ukrainian people in
Ukraine, including items--
(A) to counter internet censorship by the
Government of the Russian Federation;
(B) to circumvent efforts to shut down internet or
communication services by that Government; or
(C) to bolster cybersecurity capabilities of the
elected Government of Ukraine or nongovernmental
organizations in Ukraine.
(6) Humanitarian and development assistance for the people
of the Russian Federation, including democracy and human rights
programming and monitoring.
(d) Terms and Conditions.--The President may impose such additional
terms and conditions as the President determines appropriate with
respect to the confiscation, liquidation, sale, or transfer of funds
and other property under subsection (a) and with respect to the use of
funds under subsection (c).
(e) Authorization of Rewards.--
(1) In general.--In the sole discretion of the Secretary of
the Treasury and in consultation, as appropriate, with the
heads of other relevant Federal agencies, the Secretary may pay
a reward to--
(A) any individual that furnishes information
leading to the confiscation of funds or other property
of a foreign person described in subsection (b) that
are subject to the jurisdiction of the United States;
or
(B) any nonprofit humanitarian organization
designated by an individual described in subparagraph
(A) to receive the reward.
(2) Nonprofit humanitarian organization defined.--In this
subsection, the term ``nonprofit humanitarian organization''
means an organization that--
(A) is described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code; and
(B) engages in humanitarian work.
(f) Sunset.--The authority provided by subsection (a) shall
terminate on the date that is 2 years after the date of the enactment
of this Act.
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