[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5914-S5916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6392. Mr. WHITEHOUSE (for himself, Mr. Graham, Mr. Risch, Mr. 
Bennet, and Mr. Blumenthal) submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title XII, add the following:

          Subtitle G--Asset Seizure for Ukraine Reconstruction

     SEC. 1281. SHORT TITLE.

       This subtitle may be cited as the ``Asset Seizure for 
     Ukraine Reconstruction Act''.

     SEC. 1282. NATIONAL EMERGENCY DECLARATION RELATING TO HARMFUL 
                   ACTIVITIES OF RUSSIAN FEDERATION RELATING TO 
                   UKRAINE.

       The President may exercise the authority provided by this 
     subtitle 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 authority provided by this 
     subtitle is necessary as a response to the national 
     emergency.

     SEC. 1283. AUTHORITY FOR FORFEITURE OF PROPERTY.

       (a) In General.--Subject to a national emergency declared 
     under section 1282, property is subject to forfeiture to the 
     United States if--
       (1) the property is subject to the jurisdiction of the 
     United States; and
       (2) the property is--
       (A) property that constitutes or is derived from proceeds 
     traceable to a violation of--
       (i) chapter 113B of title 18, United States Code (relating 
     to terrorism);
       (ii) section 215 of that title (relating to receipt of 
     commissions or gifts for procuring loans); or
       (iii) section 1032 of that title (relating to concealment 
     of assets from conservator, receiver, or liquidating agent); 
     or
       (B) property subject to forfeiture pursuant to section 
     981(a) of that title.
       (b) Vesting of Title.--All right, title, and interest in 
     property forfeited under subsection (a) shall vest in the 
     United States upon commission of the act giving rise to 
     forfeiture under subsection (a)(2).
       (c) Innocent Owner Defense.--
       (1) In general.--An innocent owner's interest in property 
     shall not be forfeited under this section. The claimant shall 
     have the burden of proving that the claimant is an innocent 
     owner by a preponderance of the evidence.
       (2) Prohibition on assertion of ownership interest.--
     Notwithstanding any provision of this subsection, no person 
     may assert an ownership interest under this subsection in 
     contraband or other property that is illegal to possess.
       (3) Definitions.--In this subsection:
       (A) Innocent owner.--The term ``innocent owner'' means--
       (i) with respect to a property interest in existence at the 
     time the conduct giving rise to forfeiture took place, an 
     owner that--

       (I) did not know of the conduct giving rise to forfeiture; 
     or
       (II) upon learning of the conduct giving rise to the 
     forfeiture, did all that reasonably could be expected under 
     the circumstances to terminate such use of the property; and

       (ii) with respect to a property interest acquired after the 
     conduct giving rise to the forfeiture has taken place, a 
     person who, at the time that person acquired the interest in 
     the property--

       (I) was a bona fide purchaser or seller for value 
     (including a purchaser or seller of goods or services for 
     value); and
       (II) did not know and was reasonably without cause to 
     believe that the property was subject to forfeiture.

       (B) Owner.--The term ``owner''--
       (i) means a person with an ownership interest in the 
     specific property sought to be forfeited, including a 
     leasehold, lien, mortgage, recorded security interest, or 
     valid assignment of an ownership interest; and
       (ii) does not include--

       (I) a person with only a general unsecured interest in, or 
     claim against, the property or estate of another;
       (II) a bailee unless the bailor is identified and the 
     bailee shows a colorable legitimate interest in the property 
     seized; or
       (III) a nominee who exercises no dominion or control over 
     the property.

     SEC. 1284. PROCEDURES.

       (a) Investigations.--The Attorney General and the Secretary 
     of the Treasury (or a designee), in coordination with the 
     heads of such other relevant agencies as the Attorney General 
     or the Secretary considers appropriate, may investigate and 
     identify property subject to forfeiture under section 1283.
       (b) Seizures.--
       (1) In general.--Except as provided in section 985 of title 
     18, United States Code, any property identified under 
     subsection (a) as being subject to forfeiture under section 
     1283 may be seized by the Attorney General in accordance with 
     paragraph (2).
       (2) Warrants.--
       (A) In general.--Except as provided by subparagraph (B), a 
     seizure pursuant to this subsection shall be made pursuant to 
     a warrant obtained in the same manner is as provided for 
     obtaining a search warrant under the Federal Rules of 
     Criminal Procedure.
       (B) Issuance; execution.--Notwithstanding rule 41 of the 
     Federal Rules of Criminal Procedure, a warrant for the 
     seizure of any property identified under subsection (a) may 
     be--
       (i) issued by a judicial officer of the United States 
     District Court for the District of Columbia; and
       (ii) executed in any district in which the property is 
     found or transmitted to the government of a foreign country 
     for service in accordance with an applicable treaty or other 
     international agreement.
       (c) Forfeiture.--
       (1) Initial determination.--The Secretary of the Treasury 
     shall determine whether property seized under subsection (b) 
     is subject to forfeiture under section 1283.
       (2) Record.--To support a determination under paragraph 
     (1), the Attorney General, in consultation with the Secretary 
     and with the assistance of the heads of such other relevant 
     agencies as the Attorney General or the Secretary considers 
     appropriate, shall create a record of each property seized 
     under subsection (b), which shall demonstrate whether that 
     property is subject to forfeiture under section 1283.
       (3) Notice.--Not less than 60 days before any order of 
     forfeiture on any property seized under subsection (b), the 
     Attorney General shall provide notice of the initial 
     determination under paragraph (1) to--
       (A) any person identified as having a protected legal 
     interest in the property, in a manner reasonably calculated 
     to reach such person; and
       (B) the public, through publication on an internet website 
     of the United States Government or other means the Attorney 
     General considers appropriate.
       (4) Administrative reconsideration.--
       (A) In general.--If, 60 days after a notice of initial 
     determination has been issued under paragraph (3) with 
     respect to property, a request for administrative 
     reconsideration of such determination has not been filed, the 
     Secretary shall order forfeiture of the property.
       (B) Review of initial determination.--If, not later than 60 
     days after a notice of initial determination has been issued 
     under paragraph (3) with respect to property, any person with 
     a protected legal interest in the property files a request 
     for administrative reconsideration of such determination, 
     which shall include an identification of each beneficial 
     owner of such property, the Secretary shall review such 
     request and, in consultation with the Attorney General, 
     determine, based on a preponderance of the evidence, whether 
     the property is subject to forfeiture under section 1283.
       (C) Final determination.--

[[Page S5915]]

       (i) In general.--Not later than 45 days after a person 
     files a request under subparagraph (B) for administrative 
     reconsideration of an initial determination under paragraph 
     (1), the Secretary shall provide notice to that person of the 
     determination of the Secretary under subparagraph (B).
       (ii) Order of forfeiture.--Ten days after a notice of 
     determination has been issued under clause (i), if the 
     determination is affirmative and no person with a protected 
     legal interest in the property has filed a request for 
     judicial review under section 1285--

       (I) the determination shall be final; and
       (II) the Secretary may order forfeiture of the property.

       (d) Exclusion From Definition of Civil Forfeiture 
     Statute.--Section 983(i)(2)(D) of title 18, United States 
     Code, is amended by striking ``or the North Korea Sanctions 
     Enforcement Act of 2016'' and inserting ``the North Korea 
     Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9201 
     et seq.), or the Asset Seizure for Ukraine Reconstruction 
     Act''.

     SEC. 1285. JUDICIAL REVIEW.

       (a) Filing of Petition for Review.--A person that filed a 
     request under paragraph (4)(B) of section 1284(c) for 
     administrative reconsideration of an initial determination of 
     the Secretary of the Treasury under paragraph (1) of that 
     section may seek judicial review of a determination of the 
     Secretary under paragraph (4)(C) of that section by filing a 
     petition for review in the United States District Court for 
     the District of Columbia not later than 10 days after a 
     notice of determination has been issued under paragraph 
     (4)(C)(i) of that section.
       (b) Expedited Consideration.--A petition filed under 
     subsection (a)(1) shall--
       (1) be assigned for hearing at the earliest possible date;
       (2) take all possible precedence over other matters pending 
     on the docket of the court at that time; and
       (3) be expedited by the court to the greatest extent 
     practicable.
       (c) Filing of Administrative Records.--Not later than 20 
     days after a petition is filed under subsection (a)(1), the 
     Attorney General shall file the administrative record 
     required by section 1284(c)(2) with the district court unless 
     the court allows additional time.
       (d) Discovery.--
       (1) In general.--Except as provided by paragraph (2), there 
     shall be no discovery in a proceeding under this section.
       (2) Exception if petitioner requests discovery.--
       (A) In general.--The court may, in the court's discretion, 
     permit discovery in a proceeding under this section if the 
     person who filed the petition under subsection (a)(1)--
       (i) submits a motion requesting discovery; and
       (ii) shows good cause and that discovery would be in the 
     interest of justice.
       (B) Discovery by attorney general.--If the court grants a 
     motion for discovery under subparagraph (A), the Attorney 
     General shall be entitled to request discovery at the court's 
     discretion.
       (e) Treatment of Classified Information.--If, in a 
     proceeding under this section, the court determines that 
     protected information in the administrative record, including 
     classified or other information subject to privilege or 
     protections under any provision of law, is necessary to 
     resolve the proceeding--
       (1) such information shall be submitted ex parte and in 
     camera to the court; and
       (2) the court shall maintain such information under seal.
       (f) Request for Jury Trial.--A person who files a petition 
     under subsection (a)(1) may request a jury trial.
       (g) Standard of Review.--The final determination of the 
     Secretary of the Treasury under section 1284(c)(4) shall be 
     upheld if, upon review of the administrative record and any 
     information adduced in the proceeding under this section, the 
     court finds that the determination was supported by a 
     preponderance of the evidence and was not based on legal 
     error.
       (h) Forfeiture Order.--If the final determination of the 
     Secretary of the Treasury under section 1284(c)(4) is upheld, 
     the court shall promptly order the property that is the 
     subject of the determination forfeited.
       (i) Appeals.--Any appeal from a decision of the district 
     court under this section shall be heard and decided on an 
     expedited basis.

     SEC. 1286. DISPOSITION OF FORFEITED PROPERTY; USE TO ADDRESS 
                   HARMS TO UKRAINE.

       (a) Transfer of Property.--
       (1) Forfeiture.--In any order of forfeiture under this 
     subtitle, the Secretary of the Treasury or a court shall 
     order to be transferred to the Secretary the property that is 
     subject to such order.
       (2) Seizures.--The Attorney General may transfer to the 
     Secretary any property seized under subsection 4(b).
       (b) Liquidation of Forfeited Property.--The Secretary of 
     the Treasury may liquidate or sell any property forfeited 
     under this subtitle.
       (c) Deposit of Proceeds of Forfeited Property.--
       (1) In general.--The Secretary of the Treasury may--
       (A) create accounts, including the Ukrainian Relief Fund 
     authorized under subsection (e), to be used to deposit net 
     proceeds from and to store and maintain property forfeited 
     pursuant to this subtitle; and
       (B) make expenditures from such accounts, including for the 
     costs of any actions by the Attorney General or the Secretary 
     under this subtitle.
       (2) Other assets.--The Secretary may deposit net proceeds 
     from assets forfeited pursuant to other provisions of law 
     into the Ukrainian Relief Fund authorized under subsection 
     (e).
       (d) Transfer of Funds to Provide Support for Ukraine.--
       (1) In general.--The Secretary of the Treasury may transfer 
     funds from an account established pursuant to subsection (c), 
     including the Ukrainian Relief Fund authorized under 
     subsection (e), to--
       (A) the Secretary of State to provide support described in 
     subsection (e)(2); or
       (B) any other agency of the United States Government to 
     support efforts related to addressing harms caused by the 
     actions of the Russian Federation or nationals of the Russian 
     Federation in Ukraine.
       (2) Treatment as assistance.--Funds transferred to the 
     Secretary of State under paragraph (1)(A)--
       (A) shall be considered to be assistance under the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the 
     Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 
     et seq.), as the Secretary determines to be appropriate, for 
     purposes of making available the administrative authorities 
     and implementing the reporting requirements contained in 
     those Acts; and
       (B) may be transferred to, and merged with, funds made 
     available to carry out any provision of those Acts, except 
     that such funds shall remain available until expended.
       (e) Ukrainian Relief Fund.--
       (1) Establishment.--The Secretary of the Treasury may 
     establish an account, to be known as the ``Ukrainian Relief 
     Fund'', which may be available to the Secretary of State for 
     use, in consultation with the Attorney General and the 
     Administrator of the United States Agency for International 
     Development, as specified in paragraph (2).
       (2) Use of funds to support ukraine.--Amounts in the 
     Ukrainian Relief Fund may be available to provide support to 
     the people of Ukraine to redress the harms and costs caused 
     by the illegal invasion of Ukraine by the Russian Federation. 
     Such support may include--
       (A) promotion of the security, safety, health, and well-
     being of Ukrainian refugees and internally displaced 
     Ukrainians, including the resettlement of Ukrainian refugees;
       (B) support for international or nonprofit organizations 
     engaged in direct efforts to support Ukrainian refugees and 
     internally displaced Ukrainians;
       (C) support for the reconstruction, rehabilitation, and 
     general recovery of Ukraine in areas no longer controlled by 
     the Russian Federation, as certified by the Secretary of 
     State; and
       (D) through such other manner as the Secretary of State 
     considers appropriate, promotion of the security, welfare, 
     and dignity of Ukrainian refugees and internally displaced 
     Ukrainians, the recovery of the economy of Ukraine, and the 
     general welfare of the people of Ukraine.
       (3) Availability of amounts.--Amounts in the Ukrainian 
     Relief Fund shall be available without further appropriation 
     and shall remain available until expended.
       (f) Fund Oversight.--The Inspector General of the 
     Department of State, the Inspector General of the Department 
     of Justice, and the Inspector General of the United States 
     Agency for International Development shall oversee the 
     activities of the respective agencies related to the 
     Ukrainian Relief Fund and any other account established 
     pursuant to subsection (c).
       (g) Report on Forfeitures and Use of Forfeited Property to 
     Address Harms to Ukraine.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this subtitle, and every 180 days 
     thereafter, the Secretary of the Treasury, the Attorney 
     General, the Secretary of State, and the Administrator of the 
     United States Agency for International Development shall 
     jointly submit to the appropriate congressional committees a 
     report on--
       (A) property forfeited under this subtitle, liquidated or 
     sold (if necessary) as described in subsection (b), and 
     deposited into an account established pursuant to subsection 
     (c), including the Ukrainian Relief Fund authorized under 
     subsection (e); and
       (B) the use of amounts in any such account, including all 
     costs and expenditures.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on the 
     Judiciary of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Financial Services, and the Committee on the Judiciary of the 
     House of Representatives.

     SEC. 1287. AUTHORIZATION OF REWARDS.

       Section 9703(b) of the Kleptocracy Asset Recovery Rewards 
     Act (subtitle A of title XCVII of Public Law 116-283; 31 
     U.S.C. 9701 note prec.) is amended--
       (1) in paragraph (2), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) the forfeiture of funds or other property under the 
     Asset Seizure for Ukraine Reconstruction Act.''.

[[Page S5916]]

  


     SEC. 1288. RULEMAKING.

       The Attorney General and the Secretary of the Treasury may 
     prescribe regulations to carry out this subtitle without 
     regard to the requirements of section 553 of title 5, United 
     States Code.

     SEC. 1289. TERMINATION.

       (a) In General.--This subtitle 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 subtitle 
     under subsection (a) shall not--
       (1) terminate the applicability of the procedures under 
     this subtitle 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.
                                 ______