118 HR 6416 IH: Russian War Crimes in Ukraine Tax Act
U.S. House of Representatives
2023-11-15
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EN
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I
118th CONGRESS
1st Session
H. R. 6416
IN THE HOUSE OF REPRESENTATIVES
November 15, 2023
Mr. Doggett (for himself, Mr. Wilson of South Carolina, Mr. Bacon, Mr. Fitzpatrick, Mrs. Radewagen, Ms. Salazar, Mr. Smith of New Jersey, Mr. Blumenauer, Mr. Boyle of Pennsylvania, Ms. Chu, Mr. Cleaver, Mr. Cohen, Mr. Costa, Mr. Cuellar, Mr. Davis of Illinois, Mr. Garamendi, Mr. Goldman of New York, Mr. Gottheimer, Mr. Green of Texas, Mr. Grijalva, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Keating, Mr. Khanna, Mr. Kildee, Mr. Landsman, Mr. Lieu, Mr. Lynch, Mr. Magaziner, Mr. McGovern, Mr. Meeks, Mr. Morelle, Ms. Norton, Mr. Pallone, Mr. Panetta, Mr. Pascrell, Mr. Payne, Mr. Ruppersberger, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr. Sherman, Mr. Swalwell, Ms. Titus, Mr. Trone, Mr. Vargas, Mr. Quigley, Mr. Lamborn, Ms. Stevens, Ms. Meng, Mr. Nadler, and Mr. Tonko) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Ways and Means, 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 amend the Internal Revenue Code of 1986 to impose certain tax penalties in connection with the invasion of Ukraine.
1.

Short title
This Act may be cited as the “Russian War Crimes in Ukraine Tax Act”.
2.

Taxation of income on frozen assets of Russia and Belarus
(a)

In general
Subpart D of part II of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 892 the following new section:
“892A.

Taxation of income on frozen assets of Russia and Belarus
(a)

In general
Notwithstanding sections 892 and 895 (or any other provision of law), there is hereby imposed for each taxable year on the disqualified income of any specified foreign government a tax equal to 100 percent thereof.
(b)

Withholding
(1)

In general
Notwithstanding section 203 of the International Emergency Economic Powers Act (or any other provision of law), any person having control, receipt, custody, disposal, or payment of disqualified income with respect to which tax is imposed under subsection (a) shall deduct and withhold from such income a tax equal to 100 percent thereof.
(2)

Application of certain rules
For purposes of subchapter B of chapter 3, section 33, and such other provisions as the Secretary may provide, paragraph (1) shall be treated as part of subchapter A of chapter 3.
(c)

Disqualified income
For purposes of this section, the term “disqualified income” means any interest or dividends payable with respect to assets which are blocked using the authorities provided by section 203 of the International Emergency Economic Powers Act.
(d)

Specified foreign government
For purposes of this section, the term “specified foreign government” means the foreign governments (within the meaning of section 892 and the regulations issued thereunder) of Russia and Belarus.”.
(b)

Clerical amendment
The table of sections for subpart D of part II of subchapter N of chapter 1 of such Code is amended by inserting after the item relating to section 892 the following new item:
“Sec. 892A. Taxation of income on frozen assets of Russia and Belarus.”.
(c)

Override of treaty obligations
Notwithstanding any other provision of law, this section (and the amendments made by this section) shall apply without regard to any treaty obligation of the United States.
(d)

Effective date
The amendments made by this section shall apply to interest and dividends received after the date of the enactment of this Act.
3.

Establishment of Ukraine Reconstruction Trust Fund
(a)

In general
Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“9512.

Ukraine Reconstruction Trust Fund
(a)

Creation of trust fund
There is established in the Treasury of the United States a trust fund to be known as the “Ukraine Reconstruction Trust Fund”, consisting of such amounts as may be appropriated to such fund as provided in this section.
(b)

Transfers to trust fund
There are hereby appropriated to the Ukraine Reconstruction Trust Fund amounts equivalent to the net revenues received in the Treasury from the taxes imposed under section 892A.
(c)

Expenditures from trust fund
Amounts in the Ukraine Reconstruction Trust Fund shall be available, as provided in appropriations Acts, only to the Secretary of State for purposes of—
(1)
reconstruction and rebuilding efforts in Ukraine,
(2)
humanitarian assistance to the people of Ukraine,
(3)
fostering long-term economic growth and private sector development in Ukraine, and
(4)
bolstering transparent and accountable governance of the Ukrainian economy.
(d)

Trust fund not interest-Bearing
Section 9602(b) shall not apply to the Ukraine Reconstruction Trust Fund.
(e)

Requirements under Foreign Assistance Act of 1961
Any assistance made available from amounts in the Ukraine Reconstruction Trust Fund shall be subject to all applicable requirements for the provision of such assistance for the same or similar purpose authorized by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), including requirements under such Act relating to administrative authorities, congressional notifications, and reporting.”.
(b)

Clerical amendment
The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:
“Sec. 9512. Ukraine Reconstruction Trust Fund.”.
(c)

Report
(1)

In general
Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a report detailing the use of any funds made available from the Ukrainian Reconstruction Trust Fund.
(2)

Appropriate congressional committees
In this subsection, the term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives; and
(B)
the Committee on Foreign Relations, the Committee on Finance, and the Committee on Appropriations of the Senate.
4.

Diplomatic Assistance Authorization
(a)

Findings
Congress makes the following findings:
(1)
Since February 24, 2022, Russia has been engaged an illegal, unjustifiable, and unprovoked war against Ukraine.
(2)
On November 14, 2022, the United Nations adopted a resolution recognizing that Russia must bear the international legal consequences for its violations of international law and Ukrainian sovereignty.
(3)
On December 23, 2022, Congress passed H.R. 2617, the Consolidated Appropriations Act 2023, which was signed by the President of the United States on December 29, 2022, and authorized the United States Government to transfer the illegally begotten assets of Russian oligarchs to Ukraine.
(4)
In October 2023, nearly $300,000,000,000 of Russian sovereign assets are frozen in countries around the world but less than 2 percent of those funds are in held in the United States.
(5)
The transfer of a 3 percent capital gain on the Russian sovereign assets frozen around the world would exceed a transfer of 100 percent of all of the Russian sovereign assets currently within the United States.
(b)

Statement of policy
It is the policy of the United States that:
(1)
Any interest or return on Russian sovereign assets frozen by allies and partners around the world should be transferred to Ukraine.
(2)
The United States should make it a diplomatic priority to encourage allies and partners in Europe, Asia, and around the world to transfer any return on Russian sovereign assets to Ukraine.
(c)

Authorization of appropriations
There is authorized to be appropriated $25,000,000 for the United States Special Representative for Ukraine’s Economic Recovery to advance the policies set forth in subsection (b).
5.

Support at the United Nations
(a)

In general
The Secretary of State shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to encourage other countries to develop mechanisms to transfer any capital gains on Russian sovereign assets to Ukraine.
(b)

Report
Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report detailing efforts and actions of the Permanent Representative as directed by subsection (a).