Oleksander Ivanov Act of 2023 or Oleksander's Act
This bill authorizes sanctions for the displacement of Ukrainian children to Russia and Russian-controlled areas. Specifically, the bill authorizes the President to impose sanctions on foreign persons who are responsible for, engage in, or facilitate (1) the forced displacement of Ukrainian children to Russia or Russian-controlled areas of Ukraine; (2) the forced assimilation, adoption, or placement of Ukrainian children in foster homes; or (3) the trafficking of Ukrainians.
The sanctions include (1) blocking of property; (2) ineligibility for visas, admission, or parole to the United States; and (3) revocation of current visas.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5800 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5800
To authorize the imposition of sanctions to combat the mass abduction
of Ukrainian children to Russia and areas of Ukraine that are
temporarily occupied by Russian forces, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Ms. Jackson Lee (for herself, Mr. Wilson of South Carolina, Mr.
Doggett, Mr. Cohen, Ms. Moore of Wisconsin, Mr. Meeks, Mrs. Napolitano,
Ms. Meng, Ms. Kaptur, Mr. Veasey, Mr. Hoyer, Mr. Davis of Illinois, Ms.
Titus, Mr. Carson, and Ms. Lee of California) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To authorize the imposition of sanctions to combat the mass abduction
of Ukrainian children to Russia and areas of Ukraine that are
temporarily occupied by Russian forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oleksander Ivanov Act of 2023'' or
``Oleksander's Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On February 24, 2022, Russia, under the leadership of
Vladimir Putin, launched a premeditated war against Ukraine in
an attack on democracy and a grave violation of international
law, global peace, and security.
(2) According to the United Nations High Commissioner for
Refugees (UNHCR), as of September 19, 2023, there were more
than 5.8 million Ukrainian refugees recorded in Europe and more
than 369,000 Ukrainian refugees recorded globally.
(3) The unjust and brutal war has put millions of Ukrainian
women and children at risk of trafficking, millions of children
have been deprived of their education and are experiencing
trauma, and according to a report by Yale University, more than
6,000 children are in Russians custody.
(4) According to a report by Yale University Humanitarian
Research Lab (Yale HRL), at least 6,000 children from Ukraine
ages four months to 17 years have been held at camps and other
facilities within Russia-occupied Crimea and mainland Russia
since Russia's full-scale invasion began.
(5) There are at least 43 camps and facilities where the
Russian government has interned Ukrainian children. Out of the
various camps, 12 are situated near the Black Sea, 7 are found
within Russian occupied Crimea, and 10 are grouped around the
areas of Moscow, Kazan, and Yekaterinburg. In addition, 11 of
these camps are positioned at distances exceeding 500 miles
from Ukraine's border with Russia, with two camps located in
Siberia and one in the Far East of Russia.
(6) Among the camps identified by Yale University
Humanitarian Research Lab, at least 32 (78 percent) of the
camps seem to be engaged in organized re-education initiatives
that subject Ukrainian children to Russia-focused educational,
cultural, patriotic, and/or military teachings.
(7) Yale University Humanitarian Research Lab identified
two camps that housed children who were alleged to be orphans.
Those children were later placed into Russian foster families.
Specifically, 20 children from these camps were placed into
families in Moscow and were enrolled in local schools in
Moscow.
(8) Ukrainian children have had their names and birthdates
changed when adopted, making them difficult to trace.
(9) This scheme is centrally coordinated by the Russian
government and is comprised of actors from every level of
government. According to the report by Yale HRL, there are
several dozen federal, regional, and local officials that are
engaged in politically justifying the program and at least 12
of these individuals are not on U.S. and/or international
sanction lists.
(10) In May 2022, President Putin signed a decree
simplifying the procedure of obtaining Russian citizenship for
purported Ukrainian orphans and children without parental care,
thereby expediting the process of illegal adoption of deported
Ukrainian children by Russian families.
(11) Forcibly transferring children of one group to another
group is a violation of Article II(e) of the Convention on the
Prevention and Punishment of the Crime of Genocide 1948 and the
Geneva Convention IV, including articles 24, 25, 50, 78, and
82.
(12) The International Criminal Court has indicted Russian
President Vladimir Putin and Russian Commissioner for
Children's Rights Maria Lvova-Belova for the war crime of
unlawful deportation of population (children) and that of
unlawful transfer of population (children) from occupied areas
of Ukraine to the Russian Federation under articles
8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute.
(13) On August 24, 2023, the Biden Administration imposed
financial blocking sanctions and pursuing visa restrictions
pursuant to section 1(a)(iii)(A) of E.O. 14024 on 12
individuals and a Russian government-owned entity that ``played
a role in forcibly deporting Ukrainian children from Russia-
occupied areas of Ukraine to Russia, and/or transferring
Ukrainian children within Russia-occupied areas of Ukraine.''.
(14) As reported by the Ukrainian Ministry of Education,
over 400 schools have been destroyed and an additional 2,600
schools are damaged across Ukraine. According to the United
Nations Childrens Fund (UNICEF), the education of Ukrainian
children is at risk, as 5.3 million children currently face
barriers preventing their access to education, with 3.6 million
children directly impacted by school closures.
(15) Reports by the United Nations Children's Fund also
indicate that the war is having a devastating impact on the
mental health and well-being of Ukrainian children.
Specifically, around 1.5 million children are at risk of
depression, anxiety, post-traumatic stress disorder and other
mental health issues with potential long-term effects and
implications.
(16) The war has also caused Ukrainian women and children
to become more vulnerable to being trafficked. The United
Nations High Commissioner for Refugees reports that 90 percent
of the 5.8 million refugees who have fled Ukraine for Europe
are women and children. Reports have stated that traffickers
patrol border entry points, train stations, and refugee centers
with the purpose of attracting and exploiting refugees.
Specifically, traffickers lure in refugees with promises of
accommodation, transportation, and employment, sometimes
disguising themselves as volunteers providing humanitarian
assistance.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the United States should--
(1) support programs specifically for trauma treatment and
healing, rehabilitation and where necessary prostheses, for
Ukrainian children affected by the war against Ukraine launched
by Russia including nationwide educational programs of
psychological support to address trauma and stress for all
Ukrainian children, integrated into school curriculum and
offered through clinical and social services;
(2) support programs to rebuild the education system in
Ukraine and education for Ukrainian child refugees, in
cooperation with other countries, international organizations,
and civil society;
(3) support the development of a unified and consolidated
searchable registry of missing Ukrainian children in order to
facilitate identification of children and family reunification,
which should ensure strict data protection and availability in
the Ukrainian, Russian, and English languages;
(4) ensure the public is made aware of the existence of,
and how to use, such registry;
(5) support the development of a unified central emergency
call center hub linked to law enforcement in Ukraine and in
other countries to enable reporting on and interventions on
behalf of missing Ukrainian children and suspected cases of
human trafficking and sexual exploitation, including online, of
Ukrainian children;
(6) support the development of an international mechanism
to facilitate vetting of volunteers and other non-governmental
front-line responders working with refugees or with victims of
other major crises or natural disasters by law enforcement or
other governmental authorities;
(7) support efforts (including the efforts described in
paragraph (6)) to only allow appropriately vetted and
credentialed individuals access to refugees;
(8) continue to support efforts by the Government of
Ukraine to increase collaboration with European counterparts on
anti-trafficking investigations and increased awareness
efforts;
(9) support the development of robust child protective
mechanisms for vulnerable children, including Ukrainian
children, in Ukraine and in countries that have received
Ukrainian refugees, that include social assistance and
protection to help prevent human trafficking and sexual abuse
of Ukrainian children; and
(10) work with Ukrainian authorities to ensure that law
enforcement officials stationed at major border crossing points
in Ukraine during a refugee crisis are appropriately trained to
prevent human trafficking and support other measures to monitor
for indications of human trafficking targeting refugees in
areas surrounding border crossings.
SEC. 4. SANCTIONS AUTHORITY.
(a) Authority.--The President may impose the sanctions described in
subsection (b) with respect to any foreign person that the President,
or Secretary of the Treasury (in consultation with the Secretary of
State), determines is responsible for engaging in, or facilitating, any
of the following:
(1) The forced displacement, including mass abduction of
Ukrainian children to Russia or Russian-controlled areas of
Ukraine.
(2) The illegal forced assimilation, adoption, or placement
in a foster home of Ukrainian children.
(3) Involvement of any form in the trafficking of
Ukrainians in Ukraine or Ukrainian refugees.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The blocking, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests in
property of a foreign person described in subsection (a) if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person
described in subsection (a) may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--A foreign person described
in subsection (a) may be subject to revocation
of any visa or other entry documentation
regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the possession of the foreign
person.
(c) Exception To Comply With International Obligations.--Sanctions
under this section shall not apply with respect to a foreign person if
admitting or paroling the person into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international
obligations.
(d) Sunset.--The authority to impose sanctions under this section
shall terminate on the date that is 6 years after the date of the
enactment of this Act.
SEC. 5. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall submit to the appropriate
congressional committees and the Commission on Security and Cooperation
in Europe (commonly referred to as the ``U.S. Helsinki Commission'') a
report on United States efforts for the reintegration of Ukrainian
children affected by the war against Ukraine launched by Russia,
including a description of any such efforts to support--
(1) the rebuilding and redevelopment of the Ukrainian
education system; and
(2) the implementation of mental health programs to address
trauma and family separations among such Ukrainian children.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Child.--The term ``child'' means an individual under
the age of 18.
(3) Ukrainian child.--The term ``Ukrainian child'' means a
child born in Ukraine or an inhabitant of Ukraine, regardless
of whether the child is subsequently trafficked or forced to
assume Russian citizenship.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR H4851-4852)
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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