[Congressional Record Volume 170, Number 113 (Tuesday, July 9, 2024)]
[Senate]
[Pages S4276-S4277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2080. Mr. MANCHIN (for himself and Mr. Graham) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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 subtitle C of title XII, insert the
following:
SEC. 1239. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO
REMEDIATE HARMS TO UKRAINE FROM RUSSIAN
AGGRESSION.
(a) In General.--Section 1708 of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public
Law 117-328; 136 Stat. 5200) is amended--
(1) in subsection (a), by inserting ``from any forfeiture
fund'' after ``The Attorney General may transfer''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``which property
belonged'' and all that follows and inserting the following:
``which property--
``(A) belonged to, was possessed by, or was controlled by a
person the property or interests in property of which were
blocked pursuant to any covered legal authority;
``(B) was involved in an act in violation of, or a
conspiracy or scheme to violate or cause a violation of--
``(i) any covered legal authority; or
``(ii) any restriction on the export, reexport, or in-
country transfer of items imposed by the United States under
the Export Administration Regulations, or any restriction on
the export, reexport, or retransfer of defense articles under
the International Traffic in Arms Regulations under
subchapter M of chapter I of title 22, Code of Federal
Regulations, with respect to--
``(I) the Russian Federation, Belarus, the Crimea region of
Ukraine, or the so-called Donetsk and Luhansk People's
Republic regions of Ukraine;
``(II) any person in any such country or region on a
restricted parties list; or
``(III) any person located in any other country that has
been added to a restricted parties list in connection with
the malign conduct of the Russian Federation in Ukraine,
including the annexation of the Crimea region of Ukraine in
March 2014 and the invasion beginning in February 2022 of
Ukraine, as substantially enabled by Belarus; or
``(C) was involved in any related conspiracy, scheme, or
other Federal offense arising from the actions of, or doing
business with or acting on behalf of, the Russian Federation,
Belarus, or the Crimea region of Ukraine, or the so-called
Donetsk and Luhansk People's Republic regions of Ukraine.'';
and
(B) by adding at the end the following:
``(3) The term `covered legal authority' means any license,
order, regulation, or prohibition imposed by the United
States under the authority provided by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any
other provision of law, with respect to--
``(A) the Russian Federation;
``(B) the national emergency--
``(i) declared in Executive Order 13660 (50 U.S.C. 1701
note; relating to blocking property of certain persons
contributing to the situation in Ukraine);
``(ii) expanded by--
``(I) Executive Order 13661 (50 U.S.C. 1701 note; relating
to blocking property of additional persons contributing to
the situation in Ukraine); and
``(II) Executive Order 13662 (50 U.S.C. 1701 note; relating
to blocking property of additional persons contributing to
the situation in Ukraine); and
``(iii) relied on for additional steps taken in Executive
Order 13685 (50 U.S.C. 1701 note; relating to blocking
property of certain persons and prohibiting certain
transactions with respect to the Crimea region of Ukraine);
``(C) the national emergency, as it relates to the Russian
Federation--
``(i) declared in Executive Order 13694 (50 U.S.C. 1701
note; relating to blocking the property of certain persons
engaging in significant malicious cyber-enabled activities);
and
``(ii) relied on for additional steps taken in Executive
Order 13757 (50 U.S.C. 1701 note; relating to taking
additional steps to address the national emergency with
respect to significant malicious cyber-enabled activities);
``(D) the national emergency--
``(i) declared in Executive Order 14024 (50 U.S.C. 1701
note; relating to blocking property with respect to specified
harmful foreign activities of the Government of the Russian
Federation);
``(ii) expanded by Executive Order 14066 (50 U.S.C. 1701
note; relating to prohibiting certain imports and new
investments with respect to continued Russian Federation
efforts to undermine the sovereignty and territorial
integrity of Ukraine); and
``(iii) relied on for additional steps taken in--
``(I) Executive Order 14039 (22 U.S.C. 9526 note; relating
to blocking property with respect to certain Russian energy
export pipelines);
``(II) Executive Order 14068 (50 U.S.C. 1701 note; relating
to prohibiting certain imports, exports, and new investment
with respect to continued Russian Federation aggression); and
``(III) Executive Order 14071 (50 U.S.C. 1701 note;
relating to prohibiting new investment in and certain
services to the Russian Federation in response to continued
Russian Federation aggression); and
``(iv) which may be expanded or relied on in future
Executive orders; or
``(E) actions or policies that undermine the democratic
processes and institutions in Ukraine or threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine.
``(4) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).
``(5) The term `restricted parties list' means any of the
following lists maintained by the Bureau of Industry and
Security:
``(A) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
``(B) The Denied Persons List maintained pursuant to
section 764.3(a)(2) of the Export Administration Regulations.
``(C) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.''.
(b) Semiannual Reports.--Such section is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Not later than 180 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2025, and every 180 days thereafter, the
Secretary of State, in consultation with the Attorney General
and the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report on progress
made in remediating the harms of Russian aggression toward
Ukraine as a result of transfers made under subsection
(a).''.
(c) Plan Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Attorney General, in
consultation with the Secretary of the Treasury and the
Secretary of State, shall submit to the appropriate
congressional committees a plan for using the authority
provided by section 1708 of the Additional Ukraine
Supplemental Appropriations Act, 2023, as amended by this
section.
[[Page S4277]]
(2) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
has the meaning given that term by section 1708 of the
Additional Ukraine Supplemental Appropriations Act, 2023, as
amended by this section.
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