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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4438 Introduced in Senate (IS)]

<DOC>

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.
                                 <all>
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