Posted on 07/23/2024 8:37:50 AM PDT by EBH
SUBJECT: Delegation of Certain Functions and Authorities Under the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows:
Section 1. (a) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by sections 104(a)(1) and 104(a)(2)(A) of the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (Division F of Public Law 118-50) (the “Act”).
(b) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by sections 104(g), 104(i), 105(c), 105(e), and 105(g) of the Act.
Sec. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provisions referenced in this memorandum.
Sec. 3. The Secretary of the Treasury is authorized and directed to publish this memorandum in the Federal Register.
JOSEPH R. BIDEN JR.
THEY must be stopped and TODAY.
I don’t understand..
The coup was not Kamala...
It is the entire government set-up. There is a violation of the Chain of Command and Continuity of Government happening right now.
They delegating Presidential authority outside the Chain of Command.
in order to figure it out one would need to look up all those subsections
Perhaps a campaign idea: Compare and contrast:
Biden announces: “Rebuilding Economic Prosperity and Opportunity for Ukrainians”
Trump announces:”Rebuilding Economic Prosperity and Opportunity for Americans”.
This should not be a problem after January 2025. It will cease to exist
John Robinson posted this last nigt, but I lost track of it...
104.Authority to ensure compensation to Ukraine using confiscated Russian sovereign assets
(a)Reporting on Russian assets
(1)Notice required
Not later than 30 days after the date of the enactment of this Act, the President shall, by means of such instructions or regulations as the President may prescribe, require any United States financial institution at which Russian sovereign assets are located, and that knows or should know of such assets, to provide notice of such assets, including relevant information required under section 501.603(b)(ii) of title 31, Code of Federal Regulations (or successor regulations), to the Secretary of the Treasury not later than 10 days after detection of such assets.
(2)Report required
(A)In general
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report detailing the status of Russian sovereign assets subject to the jurisdiction of the United States.
(B)Form
The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(b)Confiscation
(1)In general
The President may confiscate any Russian sovereign assets subject to the jurisdiction of the United States.
(2)Liquidation and deposit
The President shall—
(A)deposit any funds confiscated under paragraph (1) into the Ukraine Support Fund established under subsection (c);
(B)liquidate or sell any other property confiscated under paragraph (1) and deposit the funds resulting from such liquidation or sale into the Ukraine Support Fund established under subsection (c); and
(C)make all such funds available for the purposes described in subsection (d).
(3)Method of confiscation
The President shall confiscate Russian sovereign assets under paragraph (1) through instructions or licenses or in such other manner as the President determines appropriate.
(4)Vesting
All right, title, and interest in Russian sovereign assets confiscated under paragraph (1) shall vest, if necessary, in the Government of the United States while being held in the Ukraine Support Fund established under subsection (c).
(c)Establishment of the Ukraine Support Fund
(1)In general
The President shall establish a non-interest-bearing account, to be known as the Ukraine Support Fund, to consist of the funds deposited into the account under subsection (b).
(2)Use of funds
The funds in the account established under paragraph (1) shall be available to be used only as specified in subsection (d).
(d)Use of confiscated property
(1)In general
Subject to paragraph (2), funds in the Ukraine Support Fund shall be available to the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, for the purpose of compensating Ukraine for damages resulting from the unlawful invasion by the Russian Federation that began on February 24, 2022, including through, to the extent possible, the provision of such funds to an international body or mechanism charged with determining compensation and providing assistance to Ukraine, for purposes that include the following:
(A)Reconstruction and rebuilding efforts in Ukraine.
(B)To provide humanitarian assistance to the people of Ukraine.
(C)Such other purposes as the Secretary determines directly and effectively support the recovery of Ukraine and the welfare of the people of Ukraine.
(2)Notification
(A)In general
The Secretary of State shall notify the appropriate congressional committees not fewer than 15 days before providing any funds from the Ukraine Support Fund to the Government of Ukraine or to any other person or international organization for the purposes described in paragraph (1).
(B)Elements
A notification under subparagraph (A) with respect to the provision of funds to the Government of Ukraine shall specify—
(i)the amount of funds to be provided;
(ii)the purpose for which such funds are provided; and
(iii)the recipient.
(e)Judicial review
(1)In general
The confiscation of Russian sovereign assets under subsection (b)(1) shall not be subject to judicial review.
(2)Rule of construction
Nothing in this subsection shall be construed to limit any private individual or entity from asserting due process claims in United States courts.
(f)Exception for United States obligations under Vienna Conventions
The authorities provided by this section may not be exercised in a manner inconsistent with the obligations of the United States under—
(1)the Convention on Diplomatic Relations, done at Vienna April 18, 1961, and entered into force April 24, 1964 (23 UST 3227);
(2)the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force on March 19, 1967 (21 UST 77);
(3)the Agreement Regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947 (TIAS 1676); or
(4)any other international agreement governing the use of force and establishing rights under international humanitarian law.
(g)Sunset
The authority to confiscate, liquidate, and transfer Russian sovereign assets under this section shall terminate on the earlier of—
(1)the date that is 5 years after the date of the enactment of this Act; or
(2)the date that is 120 days after the date on which the President determines and certifies to the appropriate congressional committees that—
(A)hostilities between the Russian Federation and Ukraine have ceased; and
(B)
(i)full compensation has been made to Ukraine for harms resulting from the invasion of Ukraine by the Russian Federation; or
(ii)the Russian Federation is participating in a bona fide international mechanism that, by agreement, will discharge the obligations of the Russian Federation to compensate Ukraine for all amounts determined to be owed to Ukraine.
105.International agreement to use Russian sovereign assets to provide for the reconstruction of Ukraine
(a)In general
The President shall take such action as the President determines necessary to seek to establish a common international compensation mechanism, in coordination with foreign partners including Ukraine, that shall include the establishment of an international fund to be known as the Common Ukraine Fund, that uses assets in the Ukraine Support Fund established under section 104(c) and contributions from foreign partners that have also confiscated Russian sovereign assets to allow for compensation for Ukraine, including by—
(1)establishing a register of damage to serve as a record of evidence and for assessment of the full costs of damages to Ukraine resulting from the invasion of Ukraine by the Russian Federation that began on February 24, 2022;
(2)establishing a mechanism for compensating Ukraine for damages resulting from that invasion;
(3)ensuring distribution of those assets or the proceeds of those assets based on determinations under that mechanism; and
(4)taking such other actions as may be necessary to carry out this section.
(b)Authorization for deposit in the Common Ukraine Fund
Upon the President reaching an agreement or arrangement to establish a common international compensation mechanism pursuant to subsection (a), the Secretary of State shall transfer funds from the Ukraine Support Fund established under section 104(c) to the Common Ukraine Fund established under subsection (a).
(c)Notifications
(1)Agreement or arrangement
The President shall notify the appropriate congressional committees not later than 30 days before entering into any new bilateral or multilateral agreement or arrangement under subsection (a).
(2)Transfer
The President shall notify the appropriate congressional committees not later than 30 days before any transfer to the Common Ukraine Fund established under subsection (a).
(d)Limitation on transfer of funds
No funds may be transferred to the Common Ukraine Fund established under subsection (a) unless the President certifies to the appropriate congressional committees that—
(1)the institution housing the Common Ukraine Fund has a plan to ensure transparency and accountability for all funds transferred to and from the Common Ukraine Fund; and
(2)the President has transmitted the plan required under paragraph (1) to the appropriate congressional committees in writing.
(e)Joint resolution of disapproval
No funds may be transferred to the Common Ukraine Fund established under subsection (a) if, within 30 days of receipt of the notification required under subsection (c)(2), a joint resolution is enacted prohibiting the transfer.
(f)Report
Not later than 90 days after the date of the enactment of this Act, and not less frequently than every 90 days thereafter, the President shall submit to the appropriate congressional committees a report that includes the following:
(1)An accounting of funds in the Common Ukraine Fund established under subsection (a).
(2)Any information regarding the disposition of the Common Ukraine Fund that has been transmitted to the President by the institution housing the Common Ukraine Fund during the period covered by the report.
(3)A description of United States multilateral and bilateral diplomatic engagement with allies and partners of the United States that also have immobilized Russian sovereign assets to allow for compensation for Ukraine during the period covered by the report.
(4)An outline of steps taken to carry out this section during the period covered by the report.
The terrifying thing is, someone else is Commander-in-chief now. One person or a group. This is a coup in progress. Enemies will not move on us until they’re certain of what’s really happening.
So does the Constitution say the President can simply delegate his authorities?
Esp via an Executive Order no one witnessed him signing!
Well that looks like a plan to steal Russia’s assets that are within US jurisdiction. Just wait till Russia starts seizing ships on the high seas to get recompense. This won’t end anywhere good.
They’ve written this into the legislation that’s been codified. This particular section relates to:
SEC. 104. AUTHORITY TO ENSURE COMPENSATION TO UKRAINE USING SEIZED RUSSIAN SOVEREIGN ASSETS AND RUSSIAN AGGRESSOR STATE SOVEREIGN ASSETS.
(a) Reporting On Russian Assets.—
He is going to enflame the war with Russia. He/they before leaving office
“Inflation Reduction Act” and “Build Back Better” all rolled in to one. Ukrainian citizens get screwed after, God knows how many have been killed, and all the politicians get their kick backs and Zalensky gets another few mansions around the world.
Yes. See U.S. Code Title 3 §301. General authorization to delegate functions; publication of delegations.
This is essentially how the various departments within the executive branch inherit their authority to operate.
-PJ
Yeah.
Looks like they may try to seize Russian assets to fund the Ukraine war before Trump can get in office.
I would love to catch-up on that thread.
These could be construed by Russia to be acts of war
What could go wrong
i wonder if they are going to try to gives Russians sovereign assets to NATO since they won’t be able to get their 100 billion, decade long war, through congress.
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