S.Amdt. 6392

1. Adds Subtitle G--Asset Seizure for Ukraine Reconstruction SEC. 1281. SHORT TITLE at the end of title XII

   Adds a section

   In S.Amdt. 5499 as proposed

   (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

   Inserted: Subtitle G--Asset Seizure for Ukraine Reconstruction SEC. 1281. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Asset Seizure for Ukraine Reconstruction Act".

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

   Inserted: The President may exercise the authority provided by this subtitle if the President--

   Inserted: (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

   Inserted: (2) declares that the use of the authority provided by this subtitle is necessary as a response to the national emergency.

   Inserted: SEC. 1283. AUTHORITY FOR FORFEITURE OF PROPERTY.

   Inserted: (a) In General.--Subject to a national emergency declared under section 1282, property is subject to forfeiture to the United States if--

   Inserted: (1) the property is subject to the jurisdiction of the United States; and

   Inserted: (2) the property is--

   Inserted: (A) property that constitutes or is derived from proceeds traceable to a violation of--

   Inserted: (i) chapter 113B of title 18, United States Code (relating to terrorism);

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   Inserted: (ii) section 215 of that title (relating to receipt of commissions or gifts for procuring loans); or

   Inserted: (iii) section 1032 of that title (relating to concealment of assets from conservator, receiver, or liquidating agent); or

   Inserted: (B) property subject to forfeiture pursuant to section 981(a) of that title.

   Inserted: (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).

   Inserted: (c) Innocent Owner Defense.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (3) Definitions.--In this subsection:

   Inserted: (A) Innocent owner.--The term "innocent owner" means--

   Inserted: (i) with respect to a property interest in existence at the time the conduct giving rise to forfeiture took place, an owner that--

   Inserted: (I) did not know of the conduct giving rise to forfeiture; or

   Inserted: (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

   Inserted: (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--

   Inserted: (I) was a bona fide purchaser or seller for value (including a purchaser or seller of goods or services for value); and

   Inserted: (II) did not know and was reasonably without cause to believe that the property was subject to forfeiture.

   Inserted: (B) Owner.--The term "owner"--

   Inserted: (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

   Inserted: (ii) does not include--

   Inserted: (I) a person with only a general unsecured interest in, or claim against, the property or estate of another;

   Inserted: (II) a bailee unless the bailor is identified and the bailee shows a colorable legitimate interest in the property seized; or

   Inserted: (III) a nominee who exercises no dominion or control over the property.

   Inserted: SEC. 1284. PROCEDURES.

   Inserted: (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.

   Inserted: (b) Seizures.--

   Inserted: (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).

   Inserted: (2) Warrants.--

   Inserted: (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.

   Inserted: (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--

   Inserted: (i) issued by a judicial officer of the United States District Court for the District of Columbia; and

   Inserted: (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.

   Inserted: (c) Forfeiture.--

   Inserted: (1) Initial determination.--The Secretary of the Treasury shall determine whether property seized under subsection (b) is subject to forfeiture under section 1283.

   Inserted: (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.

   Inserted: (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--

   Inserted: (A) any person identified as having a protected legal interest in the property, in a manner reasonably calculated to reach such person; and

   Inserted: (B) the public, through publication on an internet website of the United States Government or other means the Attorney General considers appropriate.

   Inserted: (4) Administrative reconsideration.--

   Inserted: (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.

   Inserted: (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.

   Inserted: (C) Final determination.--

   Inserted: (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).

   Inserted: (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--

   Inserted: (I) the determination shall be final; and

   Inserted: (II) the Secretary may order forfeiture of the property.

   Inserted: (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".

   Inserted: SEC. 1285. JUDICIAL REVIEW.

   Inserted: (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.

   Inserted: (b) Expedited Consideration.--A petition filed under subsection (a)(1) shall--

   Inserted: (1) be assigned for hearing at the earliest possible date;

   Inserted: (2) take all possible precedence over other matters pending on the docket of the court at that time; and

   Inserted: (3) be expedited by the court to the greatest extent practicable.

   Inserted: (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.

   Inserted: (d) Discovery.--

   Inserted: (1) In general.--Except as provided by paragraph (2), there shall be no discovery in a proceeding under this section.

   Inserted: (2) Exception if petitioner requests discovery.--

   Inserted: (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)--

   Inserted: (i) submits a motion requesting discovery; and

   Inserted: (ii) shows good cause and that discovery would be in the interest of justice.

   Inserted: (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.

   Inserted: (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--

   Inserted: (1) such information shall be submitted ex parte and in camera to the court; and

   Inserted: (2) the court shall maintain such information under seal.

   Inserted: (f) Request for Jury Trial.--A person who files a petition under subsection (a)(1) may request a jury trial.

   Inserted: (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.

   Inserted: (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.

   Inserted: (i) Appeals.--Any appeal from a decision of the district court under this section shall be heard and decided on an expedited basis.

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

   Inserted: (a) Transfer of Property.--

   Inserted: (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.

   Inserted: (2) Seizures.--The Attorney General may transfer to the Secretary any property seized under subsection 4(b).

   Inserted: (b) Liquidation of Forfeited Property.--The Secretary of the Treasury may liquidate or sell any property forfeited under this subtitle.

   Inserted: (c) Deposit of Proceeds of Forfeited Property.--

   Inserted: (1) In general.--The Secretary of the Treasury may--

   Inserted: (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

   Inserted: (B) make expenditures from such accounts, including for the costs of any actions by the Attorney General or the Secretary under this subtitle.

   Inserted: (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).

   Inserted: (d) Transfer of Funds to Provide Support for Ukraine.--

   Inserted: (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--

   Inserted: (A) the Secretary of State to provide support described in subsection (e)(2); or

   Inserted: (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.

   Inserted: (2) Treatment as assistance.--Funds transferred to the Secretary of State under paragraph (1)(A)--

   Inserted: (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

   Inserted: (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.

   Inserted: (e) Ukrainian Relief Fund.--

   Inserted: (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).

   Inserted: (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--

   Inserted: (A) promotion of the security, safety, health, and well-being of Ukrainian refugees and internally displaced Ukrainians, including the resettlement of Ukrainian refugees;

   Inserted: (B) support for international or nonprofit organizations engaged in direct efforts to support Ukrainian refugees and internally displaced Ukrainians;

   Inserted: (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.

   Inserted: (3) Availability of amounts.--Amounts in the Ukrainian Relief Fund shall be available without further appropriation and shall remain available until expended.

   Inserted: (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).

   Inserted: (g) Report on Forfeitures and Use of Forfeited Property to Address Harms to Ukraine.--

   Inserted: (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--

   Inserted: (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

   Inserted: (B) the use of amounts in any such account, including all costs and expenditures.

   Inserted: (2) Appropriate congressional committees defined.--In this subsection, the term "appropriate congressional committees" means--

   Inserted: (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and

   Inserted: (B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.

   Inserted: SEC. 1287. AUTHORIZATION OF REWARDS.

   Inserted: 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--

   Inserted: (1) in paragraph (2), by striking "; or" and inserting a semicolon;

   Inserted: (2) in paragraph (3), by striking the period at the end and inserting "; or"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(4) the forfeiture of funds or other property under the Asset Seizure for Ukraine Reconstruction Act.".

   Inserted: SEC. 1288. RULEMAKING.

   Inserted: 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.

   Inserted: SEC. 1289. TERMINATION.

   Inserted: (a) In General.--This subtitle shall terminate on the date that is 3 years after the date of the enactment of this Act.

   Inserted: (b) Savings Provision.--The termination of this subtitle under subsection (a) shall not--

   Inserted: (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

   Inserted: (2) moot any legal action taken or pending legal proceeding not finally concluded or determined on that date.

   Original wording

   At the end of title XII, add the following:

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As printed