Countering Russian Trafficking Act

This Act may be cited as the “Countering Russian Trafficking Act”.

Congress finds the following:

(1) Since February 2022, elements of the Russian Federation have engaged in the systematic abduction and forcible transfer of thousands of Ukrainian children from temporarily occupied areas of Ukraine to the territory of the Russian Federation or to areas under Russian control, in a pattern that meets the definition of a “severe form of trafficking in persons” under section 103 of the Trafficking Victims Protection Act of 2000.

(2) These operations have been coordinated and facilitated by a network of Russian state actors—including Federal ministries, regional administrations, the Office of the Commissioner for Children’s Rights, and affiliated “rehabilitation” and “patriotic education” camps—as well as non-state actors, including segments of the Russian Orthodox Church and its subordinate dioceses and charitable foundations, and private adoption and foster networks operating in occupied Ukrainian territory, that together constitute transnational organized criminal activity.

(3) The forced transfer, deportation, indoctrination, and re-education of these children is intended to erase their Ukrainian national identity and integrate them into Russian society, constituting both a war crime under international law and a continuing violation of the human rights of the victims and their families.

(4) The network of state and non-state actors described in paragraph (2) has generated documented financial benefits from the forced transfer, placement, and illegal adoption of Ukrainian children, and the conditions created by these operations have been reported to facilitate the sex trafficking of displaced Ukrainian women and children by organized criminal networks operating in Russian-controlled territories, the proceeds of which flow to persons within the scope of section 4(c).

It is the sense of Congress that the systematic abduction and forcible transfer of Ukrainian children by the Russian Federation constitutes one of the most egregious ongoing human-trafficking crimes of the 21st century and demands an immediate, aggressive, and coordinated sanctions response.

(a) In general.— Not later than 180 days after the date of the enactment of this Act, the President shall apply the measures described in subsection (b) to the covered persons described in subsection (c).

(b) Measures described.—

(1) In general.— The measures described in this subsection are the following:

(A) Executive Order 13581 (Blocking Property of Transnational Criminal Organizations).

(B) Section 111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108).

(2) Rule of construction.— Nothing in this Act may be construed to limit the President’s authority to impose sanctions under any provision of law.

(c) Covered persons.— The persons described in this subsection are persons determined by the President to have participated in, attempted to engage in, conspired to engage in, or provided material support for or otherwise facilitated the transfer, deportation, indoctrination, or re-education of Ukrainian children, including—

(1) any Federal ministry, regional administration, or agency of the Russian Federation;

(2) any “rehabilitation,” “patriotic education,” or similar camp, facility, or program operated or funded by the Russian Federation that has received or processed transferred Ukrainian children;

(3) any entity or instrumentality of the Russian Orthodox Church, or any diocese, foundation, or charitable organization subordinate to or affiliated with it, to the extent such entity has participated in or facilitated the placement, adoption, foster care, or ideological re-education of transferred Ukrainian children;

(4) any private adoption agency, foster network, or intermediary operating in territory of Ukraine occupied by the Russian Federation that has facilitated the removal or transfer of Ukrainian children;

(5) any person who knowingly deals in or otherwise directly or indirectly benefits from the proceeds of the activities of the persons described in paragraphs (1) through (4);

(6) any person that has knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person described in paragraphs (1) through (5); or

(7) any person that is owned or controlled by, owns or controls, or acts or has acted for or on behalf of, any person described in paragraphs (1) through (6).

(d) List.—

(1) In general.— Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees an interim unclassified list of persons that meet the criteria in subsection (c).

(2) Form.— The list required by paragraph (1) shall be submitted in unclassified form and may contain a classified annex.

(e) Congressional requests.— Not later than 120 days after receiving a request from the chairman or ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (c), the President shall—

(1) determine if the person meets such criteria; and

(2) submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions described in subsection (c) with respect to such person.

(f) Regulatory updates.— Not later than 180 days after the date of enactment of this Act, the President shall issue such regulations, guidance, and advisories as may be necessary to implement this Act.

(g) Definition.— In this section, the term appropriate congressional committees means—

(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.