II 118th CONGRESS 2d Session S. 4438 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.

1. Short title This Act may be cited as the Transferring Illicit Assets to Ukraine Act of 2024 . 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.