[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6491 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6491
To authorize the seizure and forfeiture of assets of Russian
kleptocrats, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 28, 2023
Mr. Wilson of South Carolina (for himself and Mr. Cohen) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on Ways and Means, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To authorize the seizure and forfeiture of assets of Russian
kleptocrats, 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. NATIONAL EMERGENCY DECLARATION RELATING TO HARMFUL ACTIVITIES
OF RUSSIAN FEDERATION RELATING TO UKRAINE.
The procedures under section 3 shall apply if the President--
(1) declares a national emergency under section 201 of the
National Emergencies Act (50 U.S.C. 1621) with respect to
actions of the Government of the Russian Federation or
nationals of the Russian Federation that threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine; and
(2) declares that the use of the procedures under section 3
are necessary as a response to the national emergency.
SEC. 3. PROCEDURES.
(a) Nonjudicial Forfeiture.--Property may be forfeited through
nonjudicial civil forfeiture under section 609 of the Tariff Act of
1930 (19 U.S.C. 1609), without regard to limitation under section
607(a)(1) of that Act (19 U.S.C. 1607(a)(1)), if--
(1) the President makes the declaration described in
section 2; and
(2) the Attorney General, or a designee, makes the
certification described in subsection (b) with respect to the
property.
(b) Certification.--After seizure of property and prior to
forfeiture of the property under subsection (a), the Attorney General,
or a designee, shall certify that, upon forfeiture, the property will
be covered forfeited property (as defined in section 1708(c) of the
Additional Ukraine Supplemental Appropriations Act, 2023 (division M of
Public Law 117-328; 136 Stat. 5200), as amended by this Act).
SEC. 4. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO REMEDIATE HARMS TO
UKRAINE FROM RUSSIAN AGGRESSION.
(a) In General.--Section 1708(c) of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public Law 117-
328; 136 Stat. 5200) is amended--
(1) 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 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--
``(i) the Russian Federation; or
``(ii) actions or policies that undermine
the democratic processes and institutions in
Ukraine or threaten the peace, security,
stability, sovereignty, or territorial
integrity of Ukraine;
``(B) was involved in an act in violation of or a
conspiracy or scheme to violate--
``(i) any license, order, regulation, or
prohibition described in subparagraph (A); 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 People's
Republic' or `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, the Crimea region
of Ukraine, or the so-called `Donetsk People's
Republic' or `Luhansk People's Republic' regions of
Ukraine.''; and
(2) by adding at the end the following:
``(3) 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).
``(4) 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) Extension of Authority.--Section 1708(d) of the Additional
Ukraine Supplemental Appropriations Act, 2023 is amended by striking
``May 1, 2025'' and inserting ``the date that is 3 years after the date
of the enactment of the Asset Seizure for Ukraine Reconstruction Act''.
SEC. 5. RULEMAKING.
The Attorney General and the Secretary of the Treasury may
prescribe regulations to carry out this Act without regard to the
requirements of section 553 of title 5, United States Code.
SEC. 6. TERMINATION.
(a) In General.--The provisions of this Act shall terminate on the
date that is 3 years after the date of the enactment of this Act.
(b) Savings Provision.--The termination of this Act under
subsection (a) shall not--
(1) terminate the applicability of the procedures under
this Act to any property seized prior to the date of the
termination under subsection (a); or
(2) moot any legal action taken or pending legal proceeding
not finally concluded or determined on that date.
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