Asset Seizure for Ukraine Reconstruction Act

Bill: 117-hr-6930
Sponsor: full_name: Rep. Malinowski, Tom [D-NJ-7]
Introduced: 2022-03-03
Policy area: International Affairs
Subjects: Computer security and identity theft

Conflicts and wars

Diplomacy, foreign officials, Americans abroad

Europe

Foreign aid and international relief

Foreign property

Government ethics and transparency, public corruption

Human rights

Internet, web applications, social media

Military assistance, sales, and agreements

Military operations and strategy

News media and reporting

Presidents and presidential powers, Vice Presidents

Reconstruction and stabilization

Refugees, asylum, displaced persons

Russia

Sanctions

Sovereignty, recognition, national governance and status

Subversive activities

Ukraine
Latest action: action_date: 2022-04-28
text: Received in the Senate and Read twice and referred to the Committee on Foreign Relations.

Summaries:
action_date: 2022-03-03
action_desc: Introduced in House
text: <p><strong>Asset Seizure for Ukraine Reconstruction Act</strong></p> <p>This bill authorizes the President to, subject to certain conditions, seize assets belonging to a foreign person whose wealth is derived in part through political support for or corruption linked to Russian President Vladimir Putin.</p> <p>Specifically, for two years starting from this bill's enactment, the President may seize such assets if (1) Russia remains engaged in a conflict of territorial conquest in Ukraine; (2) the President has imposed sanctions on the owner of the assets for reasons related to corruption, human rights violations, malign influence, or conflicts in Ukraine; and (3) the assets are valued at over $5 million. </p> <p>Such seized assets may be liquidated, and the resulting funds may only be used for specified purposes, including (1) the post-conflict reconstruction of Ukraine, (2) humanitarian assistance and refugee support for the Ukrainian people, (3) weapons for Ukraine's uniformed military forces, and (4) humanitarian and development assistance for the Russian people.</p>

action_date: 2022-04-27
action_desc: Passed House
text: <p><strong>Asset Seizure for Ukraine Reconstruction Act</strong></p> <p>This bill establishes a working group to determine the legal mechanisms that may be used to seize assets belonging to certain foreign persons (i.e., individuals and entities) affiliated with Russia's political leadership and addresses related issues.</p> <p>The interagency working group must determine the constitutional mechanisms by which the President may take steps to seize and confiscate assets belonging to any sanctioned foreign person whose wealth is derived through support for or corruption related to the regime of Russian president Vladimir Putin. The working group must report to Congress on certain issues including (1) recommendations to impose additional energy-related sanctions on Russia's government, and (2) any additional authorities the President needs to take steps to seize and confiscate the assets. </p> <p>The President must report to Congress a determination as to whether to expand existing sanctions related to certain Russian government activities to cover additional persons. </p> <p>

tv_txt: I 117th CONGRESS 2d Session H. R. 6930 IN THE HOUSE OF REPRESENTATIVES March 3, 2022 Mr. Malinowski (for himself, Mr. Wilson of South Carolina , Ms. Spanberger , Mr. Meijer , Mr. Cohen , Mr. Banks , Ms. Wild , Mrs. Kim of California , Mr. Kildee , and Mr. Curtis ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the confiscation of assets subject to United States jurisdiction of certain foreign persons, and for other purposes.

1. Short title This Act may be cited as the Asset Seizure for Ukraine Reconstruction Act . 2. Presidential authorities with respect to the conflict in Ukraine (a) In general The President upon determination that Russia remains engaged in a conflict of territorial conquest in Ukraine, may, by means of instructions, licenses, or other regulations as may be promulgated, confiscate any property or accounts subject to the jurisdiction of the United States and valued over $5,000,000 of any foreign person described in subsection (b). All rights, title, and interest in any property so confiscated shall vest, upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe. Such interest or property may be held, used, administered, liquidated, or sold, by such agency or person and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. (b) Foreign person described A foreign person described in this subsection is a foreign person— (1) whose wealth, according to credible information, is derived in part through corruption linked to or political support for the regime of Russian President Vladimir Putin; and (2) with respect to which the President has imposed sanctions relating to corruption, human rights violations, Russian malign influence, or conflicts in Ukraine. (c) Use of Liquidated Funds Any funds derived from liquidation or sales pursuant to subsection (a) shall be used solely 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 uniformed 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) Technology items and services to ensure the free flow of information to the Ukrainian people in Ukraine, including items to counter internet censorship by Russian authorities, to circumvent efforts to shut down internet or communication services by Russian authorities, to bolster cybersecurity capabilities of Ukrainian Government or non-governmental organizations. (6) Humanitarian and development assistance for the Russian people, including democracy and human rights programming and monitoring. (d) 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.

tv_txt: I 117th CONGRESS 2d Session H. R. 6930 IN THE HOUSE OF REPRESENTATIVES AN ACT To authorize the confiscation of assets subject to United States jurisdiction of certain foreign persons, and for other purposes.

1. Short title This Act may be cited as the Asset Seizure for Ukraine Reconstruction Act . 2. Sense of Congress It is the sense of Congress as follows: (1) The President should take all constitutional steps to seize and confiscate assets under the jurisdiction of the United States of foreign persons whose wealth is derived in part through corruption linked to or political support for the regime of Russian President Vladimir Putin and with respect to which the President has imposed sanctions. (2) The President, by means of instructions, licenses, or other regulations as may be promulgated and in a manner consistent with due process of law, should confiscate any property or accounts subject to the jurisdiction of the United States, valued over $2,000,000, and belonging to Russian energy companies or to foreign persons whose wealth is derived in part through corruption linked to or political support for the regime of Russian President Vladimir Putin and with respect to which the President has imposed sanctions. (3) All rights, title, and interest in any property so confiscated should vest, upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe. (4) Such interest or property should be held, used, administered, liquidated, or sold, by such agency or person and such designated agency or person should perform any and all acts incident to the accomplishment or furtherance of these purposes. (5) The President should use all liquidated funds for the benefit of the people of Ukraine, including for the following: (A) Post-conflict reconstruction in Ukraine. (B) Humanitarian assistance. (C) United States government assistance provided to the security forces of the government of Ukraine. (D) Provisions to support refugees and refugee resettlement in neighboring countries and in the United States. (E) Technology items and services to ensure the free flow of information to the Ukrainian people in Ukraine, including items to counter internet censorship by Russian authorities, to circumvent efforts to shut down internet or communication services by Russian authorities and bolster the cybersecurity capabilities of Ukrainian Government or non-governmental organizations. (F) Humanitarian and development assistance for the Russian people, including democracy and human rights programming and monitoring. 3. Interagency working group The President shall establish an interagency working group, which shall be headed by the Secretary of State, to determine the constitutional mechanisms through which the President can take steps to seize and confiscate assets under the jurisdiction of the United States of foreign persons whose wealth is derived in part through corruption linked to or political support for the regime of Russian President Vladimir Putin and with respect to which the President has imposed sanctions. 4. Report on steps and authorities Not later than 60 days after the date of the enactment of this Act, the Secretary of State, on behalf of the interagency working group, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report about the steps taken by the interagency working group to accomplish the steps laid out in section 2, a report that includes any recommendations to impose additional energy-related sanctions on the Government of Russia, and a report on any additional authorities the President needs to take such steps. 5. Expansion of sanctions with respect to members of the Russian Parliament Not later than 30 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report, which may be submitted in classified form if necessary, that contains a justification for any determination of whether or not, in addition to the sanctions imposed pursuant to Executive Order 14024 (86 Fed. Reg. 73; relating to blocking property with respect to specified 11 harmful foreign activities of the Government of the Russian Federation), imposing sanctions on 328 members of the Russian State Duma, a determination as to whether remaining members of the Duma and the Russian Federation Council, which includes officials who may be involved in corrupt and other sanctionable activities, who voted on February 22, 2022, to recognize the Donetsk People’s Republic (DPR) and the Luhansk People’s Republic (LPR), as well as the Russian Federation Council in its entirety, should be subject to sanctions under the such Executive Order. 6. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives April 27, 2022. Cheryl L. Johnson, Clerk.

tv_txt: IIB 117th CONGRESS 2d Session H. R. 6930 IN THE SENATE OF THE UNITED STATES April 28, 2022 Received; read twice and referred to the Committee on Foreign Relations AN ACT To authorize the confiscation of assets subject to United States jurisdiction of certain foreign persons, and for other purposes.

1. Short title This Act may be cited as the Asset Seizure for Ukraine Reconstruction Act . 2. Sense of Congress It is the sense of Congress as follows: (1) The President should take all constitutional steps to seize and confiscate assets under the jurisdiction of the United States of foreign persons whose wealth is derived in part through corruption linked to or political support for the regime of Russian President Vladimir Putin and with respect to which the President has imposed sanctions. (2) The President, by means of instructions, licenses, or other regulations as may be promulgated and in a manner consistent with due process of law, should confiscate any property or accounts subject to the jurisdiction of the United States, valued over $2,000,000, and belonging to Russian energy companies or to foreign persons whose wealth is derived in part through corruption linked to or political support for the regime of Russian President Vladimir Putin and with respect to which the President has imposed sanctions. (3) All rights, title, and interest in any property so confiscated should vest, upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe. (4) Such interest or property should be held, used, administered, liquidated, or sold, by such agency or person and such designated agency or person should perform any and all acts incident to the accomplishment or furtherance of these purposes. (5) The President should use all liquidated funds for the benefit of the people of Ukraine, including for the following: (A) Post-conflict reconstruction in Ukraine. (B) Humanitarian assistance. (C) United States government assistance provided to the security forces of the government of Ukraine. (D) Provisions to support refugees and refugee resettlement in neighboring countries and in the United States. (E) Technology items and services to ensure the free flow of information to the Ukrainian people in Ukraine, including items to counter internet censorship by Russian authorities, to circumvent efforts to shut down internet or communication services by Russian authorities and bolster the cybersecurity capabilities of Ukrainian Government or non-governmental organizations. (F) Humanitarian and development assistance for the Russian people, including democracy and human rights programming and monitoring. 3. Interagency working group The President shall establish an interagency working group, which shall be headed by the Secretary of State, to determine the constitutional mechanisms through which the President can take steps to seize and confiscate assets under the jurisdiction of the United States of foreign persons whose wealth is derived in part through corruption linked to or political support for the regime of Russian President Vladimir Putin and with respect to which the President has imposed sanctions. 4. Report on steps and authorities Not later than 60 days after the date of the enactment of this Act, the Secretary of State, on behalf of the interagency working group, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report about the steps taken by the interagency working group to accomplish the steps laid out in section 2, a report that includes any recommendations to impose additional energy-related sanctions on the Government of Russia, and a report on any additional authorities the President needs to take such steps. 5. Expansion of sanctions with respect to members of the Russian Parliament Not later than 30 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report, which may be submitted in classified form if necessary, that contains a justification for any determination of whether or not, in addition to the sanctions imposed pursuant to Executive Order 14024 (86 Fed. Reg. 73; relating to blocking property with respect to specified 11 harmful foreign activities of the Government of the Russian Federation), imposing sanctions on 328 members of the Russian State Duma, a determination as to whether remaining members of the Duma and the Russian Federation Council, which includes officials who may be involved in corrupt and other sanctionable activities, who voted on February 22, 2022, to recognize the Donetsk People’s Republic (DPR) and the Luhansk People’s Republic (LPR), as well as the Russian Federation Council in its entirety, should be subject to sanctions under the such Executive Order. 6. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives April 27, 2022. Cheryl L. Johnson, Clerk.