[Congressional Record Volume 172, Number 125 (Thursday, July 30, 2026)]
[Senate]
[Page S4395]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6722. Mr. WHITEHOUSE submitted an amendment intended to be
proposed to amendment SA 6711 submitted by Mrs. Britt (for Ms. Graham
(for herself and Mr. Blumenthal)) and intended to be proposed to the
bill H.R. 5334, to amend the Internal Revenue Code of 1986 to allow
early childhood educators to take the educator expense deduction, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--SEIZURE AND FORFEITURE OF ASSETS OF RUSSIAN KLEPTOCRATS
SEC. __01. SHORT TITLE.
This title may be cited as the ``Deterring Adversary Ill-
Gotten Gains Act''.
SEC. __02. PROCEDURES FOR FORFEITURE OF ASSETS OF RUSSIAN
KLEPTOCRATS.
(a) Nonjudicial Forfeiture.--Property subject to forfeiture
under title 18, United States Code, may be forfeited through
nonjudicial civil forfeiture under section 609 of the Tariff
Act of 1930 (19 U.S.C. 1609), without regard to limitation
under section 607(a)(1) of that Act (19 U.S.C. 1607(a)(1)),
if the Attorney General, or a designee, makes the
certification described in subsection (b) with respect to the
property.
(b) Certification.--After seizure of property and prior to
forfeiture of the property under subsection (a), the Attorney
General, or a designee, shall certify that, upon forfeiture,
the property will be covered forfeited property (as defined
in section 1708(c) of the Additional Ukraine Supplemental
Appropriations Act, 2023 (division M of Public Law 117-328;
136 Stat. 5200), as amended by this title).
SEC. __03. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO
REMEDIATE HARMS TO UKRAINE FROM RUSSIAN
AGGRESSION.
(a) In General.--Section 1708(c) of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public
Law 117-328; 136 Stat. 5200) is amended--
(1) 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 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--
``(i) the Russian Federation; or
``(ii) actions or policies that undermine the democratic
processes and institutions in Ukraine or threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine;
``(B) was involved in an act in violation of or a
conspiracy or scheme to violate--
``(i) any license, order, regulation, or prohibition
described in subparagraph (A); 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 People's Republic' or
`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, the Crimea region of Ukraine, or the so-called
`Donetsk People's Republic' or `Luhansk People's Republic'
regions of Ukraine.''; and
(2) by adding at the end the following:
``(3) 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).
``(4) 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) Extension of Authority.--Section 1708(d) of the
Additional Ukraine Supplemental Appropriations Act, 2023, is
amended by striking ``May 1, 2025'' and inserting ``the date
that is 3 years after the date of the enactment of the
Deterring Adversary Ill-Gotten Gains Act''.
SEC. __04. RULEMAKING.
The Attorney General and the Secretary of the Treasury may
prescribe regulations to carry out this title without regard
to the requirements of section 553 of title 5, United States
Code.
SEC. __05. TERMINATION.
(a) In General.--The provisions of this title 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 title under
subsection (a) shall not--
(1) terminate the applicability of the procedures under
this title 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.
______