[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5800 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5800

 To authorize the imposition of sanctions to combat the mass abduction 
     of Ukrainian children to Russia and areas of Ukraine that are 
    temporarily occupied by Russian forces, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2023

    Ms. Jackson Lee (for herself, Mr. Wilson of South Carolina, Mr. 
Doggett, Mr. Cohen, Ms. Moore of Wisconsin, Mr. Meeks, Mrs. Napolitano, 
Ms. Meng, Ms. Kaptur, Mr. Veasey, Mr. Hoyer, Mr. Davis of Illinois, Ms. 
Titus, Mr. Carson, and Ms. Lee of California) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
    addition to the Committee on 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 imposition of sanctions to combat the mass abduction 
     of Ukrainian children to Russia and areas of Ukraine that are 
    temporarily occupied by Russian forces, 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 ``Oleksander Ivanov Act of 2023'' or 
``Oleksander's Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On February 24, 2022, Russia, under the leadership of 
        Vladimir Putin, launched a premeditated war against Ukraine in 
        an attack on democracy and a grave violation of international 
        law, global peace, and security.
            (2) According to the United Nations High Commissioner for 
        Refugees (UNHCR), as of September 19, 2023, there were more 
        than 5.8 million Ukrainian refugees recorded in Europe and more 
        than 369,000 Ukrainian refugees recorded globally.
            (3) The unjust and brutal war has put millions of Ukrainian 
        women and children at risk of trafficking, millions of children 
        have been deprived of their education and are experiencing 
        trauma, and according to a report by Yale University, more than 
        6,000 children are in Russians custody.
            (4) According to a report by Yale University Humanitarian 
        Research Lab (Yale HRL), at least 6,000 children from Ukraine 
        ages four months to 17 years have been held at camps and other 
        facilities within Russia-occupied Crimea and mainland Russia 
        since Russia's full-scale invasion began.
            (5) There are at least 43 camps and facilities where the 
        Russian government has interned Ukrainian children. Out of the 
        various camps, 12 are situated near the Black Sea, 7 are found 
        within Russian occupied Crimea, and 10 are grouped around the 
        areas of Moscow, Kazan, and Yekaterinburg. In addition, 11 of 
        these camps are positioned at distances exceeding 500 miles 
        from Ukraine's border with Russia, with two camps located in 
        Siberia and one in the Far East of Russia.
            (6) Among the camps identified by Yale University 
        Humanitarian Research Lab, at least 32 (78 percent) of the 
        camps seem to be engaged in organized re-education initiatives 
        that subject Ukrainian children to Russia-focused educational, 
        cultural, patriotic, and/or military teachings.
            (7) Yale University Humanitarian Research Lab identified 
        two camps that housed children who were alleged to be orphans. 
        Those children were later placed into Russian foster families. 
        Specifically, 20 children from these camps were placed into 
        families in Moscow and were enrolled in local schools in 
        Moscow.
            (8) Ukrainian children have had their names and birthdates 
        changed when adopted, making them difficult to trace.
            (9) This scheme is centrally coordinated by the Russian 
        government and is comprised of actors from every level of 
        government. According to the report by Yale HRL, there are 
        several dozen federal, regional, and local officials that are 
        engaged in politically justifying the program and at least 12 
        of these individuals are not on U.S. and/or international 
        sanction lists.
            (10) In May 2022, President Putin signed a decree 
        simplifying the procedure of obtaining Russian citizenship for 
        purported Ukrainian orphans and children without parental care, 
        thereby expediting the process of illegal adoption of deported 
        Ukrainian children by Russian families.
            (11) Forcibly transferring children of one group to another 
        group is a violation of Article II(e) of the Convention on the 
        Prevention and Punishment of the Crime of Genocide 1948 and the 
        Geneva Convention IV, including articles 24, 25, 50, 78, and 
        82.
            (12) The International Criminal Court has indicted Russian 
        President Vladimir Putin and Russian Commissioner for 
        Children's Rights Maria Lvova-Belova for the war crime of 
        unlawful deportation of population (children) and that of 
        unlawful transfer of population (children) from occupied areas 
        of Ukraine to the Russian Federation under articles 
        8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute.
            (13) On August 24, 2023, the Biden Administration imposed 
        financial blocking sanctions and pursuing visa restrictions 
        pursuant to section 1(a)(iii)(A) of E.O. 14024 on 12 
        individuals and a Russian government-owned entity that ``played 
        a role in forcibly deporting Ukrainian children from Russia-
        occupied areas of Ukraine to Russia, and/or transferring 
        Ukrainian children within Russia-occupied areas of Ukraine.''.
            (14) As reported by the Ukrainian Ministry of Education, 
        over 400 schools have been destroyed and an additional 2,600 
        schools are damaged across Ukraine. According to the United 
        Nations Childrens Fund (UNICEF), the education of Ukrainian 
        children is at risk, as 5.3 million children currently face 
        barriers preventing their access to education, with 3.6 million 
        children directly impacted by school closures.
            (15) Reports by the United Nations Children's Fund also 
        indicate that the war is having a devastating impact on the 
        mental health and well-being of Ukrainian children. 
        Specifically, around 1.5 million children are at risk of 
        depression, anxiety, post-traumatic stress disorder and other 
        mental health issues with potential long-term effects and 
        implications.
            (16) The war has also caused Ukrainian women and children 
        to become more vulnerable to being trafficked. The United 
        Nations High Commissioner for Refugees reports that 90 percent 
        of the 5.8 million refugees who have fled Ukraine for Europe 
        are women and children. Reports have stated that traffickers 
        patrol border entry points, train stations, and refugee centers 
        with the purpose of attracting and exploiting refugees. 
        Specifically, traffickers lure in refugees with promises of 
        accommodation, transportation, and employment, sometimes 
        disguising themselves as volunteers providing humanitarian 
        assistance.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the United States should--
            (1) support programs specifically for trauma treatment and 
        healing, rehabilitation and where necessary prostheses, for 
        Ukrainian children affected by the war against Ukraine launched 
        by Russia including nationwide educational programs of 
        psychological support to address trauma and stress for all 
        Ukrainian children, integrated into school curriculum and 
        offered through clinical and social services;
            (2) support programs to rebuild the education system in 
        Ukraine and education for Ukrainian child refugees, in 
        cooperation with other countries, international organizations, 
        and civil society;
            (3) support the development of a unified and consolidated 
        searchable registry of missing Ukrainian children in order to 
        facilitate identification of children and family reunification, 
        which should ensure strict data protection and availability in 
        the Ukrainian, Russian, and English languages;
            (4) ensure the public is made aware of the existence of, 
        and how to use, such registry;
            (5) support the development of a unified central emergency 
        call center hub linked to law enforcement in Ukraine and in 
        other countries to enable reporting on and interventions on 
        behalf of missing Ukrainian children and suspected cases of 
        human trafficking and sexual exploitation, including online, of 
        Ukrainian children;
            (6) support the development of an international mechanism 
        to facilitate vetting of volunteers and other non-governmental 
        front-line responders working with refugees or with victims of 
        other major crises or natural disasters by law enforcement or 
        other governmental authorities;
            (7) support efforts (including the efforts described in 
        paragraph (6)) to only allow appropriately vetted and 
        credentialed individuals access to refugees;
            (8) continue to support efforts by the Government of 
        Ukraine to increase collaboration with European counterparts on 
        anti-trafficking investigations and increased awareness 
        efforts;
            (9) support the development of robust child protective 
        mechanisms for vulnerable children, including Ukrainian 
        children, in Ukraine and in countries that have received 
        Ukrainian refugees, that include social assistance and 
        protection to help prevent human trafficking and sexual abuse 
        of Ukrainian children; and
            (10) work with Ukrainian authorities to ensure that law 
        enforcement officials stationed at major border crossing points 
        in Ukraine during a refugee crisis are appropriately trained to 
        prevent human trafficking and support other measures to monitor 
        for indications of human trafficking targeting refugees in 
        areas surrounding border crossings.

SEC. 4. SANCTIONS AUTHORITY.

    (a) Authority.--The President may impose the sanctions described in 
subsection (b) with respect to any foreign person that the President, 
or Secretary of the Treasury (in consultation with the Secretary of 
State), determines is responsible for engaging in, or facilitating, any 
of the following:
            (1) The forced displacement, including mass abduction of 
        Ukrainian children to Russia or Russian-controlled areas of 
        Ukraine.
            (2) The illegal forced assimilation, adoption, or placement 
        in a foster home of Ukrainian children.
            (3) Involvement of any form in the trafficking of 
        Ukrainians in Ukraine or Ukrainian refugees.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--The blocking, in accordance with 
        the International Emergency Economic Powers Act (50 U.S.C. 1701 
        et seq.), of all transactions in all property and interests in 
        property of a foreign person described in subsection (a) if 
        such property and interests in property are in the United 
        States, come within the United States, or are or come within 
        the possession or control of a United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--A foreign person 
                described in subsection (a) may be--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--A foreign person described 
                        in subsection (a) may be subject to revocation 
                        of any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the possession of the foreign 
                                person.
    (c) Exception To Comply With International Obligations.--Sanctions 
under this section shall not apply with respect to a foreign person if 
admitting or paroling the person into the United States is necessary to 
permit the United States to comply with the Agreement regarding the 
Headquarters of the United Nations, signed at Lake Success June 26, 
1947, and entered into force November 21, 1947, between the United 
Nations and the United States, or other applicable international 
obligations.
    (d) Sunset.--The authority to impose sanctions under this section 
shall terminate on the date that is 6 years after the date of the 
enactment of this Act.

SEC. 5. REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of State shall submit to the appropriate 
congressional committees and the Commission on Security and Cooperation 
in Europe (commonly referred to as the ``U.S. Helsinki Commission'') a 
report on United States efforts for the reintegration of Ukrainian 
children affected by the war against Ukraine launched by Russia, 
including a description of any such efforts to support--
            (1) the rebuilding and redevelopment of the Ukrainian 
        education system; and
            (2) the implementation of mental health programs to address 
        trauma and family separations among such Ukrainian children.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Child.--The term ``child'' means an individual under 
        the age of 18.
            (3) Ukrainian child.--The term ``Ukrainian child'' means a 
        child born in Ukraine or an inhabitant of Ukraine, regardless 
        of whether the child is subsequently trafficked or forced to 
        assume Russian citizenship.
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