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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3359 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3359

     To authorize the seizure and forfeiture of assets of Russian 
                  kleptocrats, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2023

Mr. Whitehouse (for himself, Mr. Graham, Mr. Blumenthal, Mr. Risch, and 
  Mr. Bennet) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.
                                 <all>
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