[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.
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