Text of Senate Amendment 6291

On 2026-06-24, Senator Sheldon Whitehouse (D-RI) delivered a floor speech titled "Text Of Senate Amendment 6291" in the Senate.

Text of Senate Amendment 6291

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3435-S3436] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6291. Mr. WHITEHOUSE (for himself and Mr. Graham) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 F--Seizure and Forfeiture of Assets of Russian Kleptocrats SEC. 1281. SHORT TITLE. This subtitle may be cited as the ``Deterring Adversary Ill-Gotten Gains Act''. SEC. 1282. 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 subtitle). SEC. 1283. 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. 1284. 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. 1285. TERMINATION. (a) In General.--The provisions of 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 [[Page S3436]] (2) moot any legal action taken or pending legal proceeding not finally concluded or determined on that date. ______