[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5905-S5907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6379. Mr. RISCH (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 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 G--Additional Measures in Response to Invasion of Ukraine by 
                         the Russian Federation

     SEC. 1280. SHORT TITLE.

       This subtitle may be cited as the ``Russian Elites, 
     Proxies, and Oligarchs Act of 2022'' or the ``REPO Act of 
     2022''.

         PART I--CONFISCATION AND REPURPOSING OF RUSSIAN ASSETS

     SEC. 1281. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) On February 24, 2022, the Government of the Russian 
     Federation violated the sovereignty and territorial integrity 
     of Ukraine by again engaging in a premeditated and illegal 
     invasion of Ukraine.
       (2) The international community has condemned the illegal 
     invasion of Ukraine by the Russian Federation, as well as the 
     commission of war crimes by the Russian Federation, including 
     through the deliberate targeting of civilians and civilian 
     infrastructure and the commission of sexual violence.
       (3) The leaders of the Group of Seven (G7) have called the 
     Russian Federation's ``unprovoked and completely unjustified 
     attack on the democratic state of Ukraine'' a ``serious 
     violation of international law and a grave breach of the 
     United Nations Charter and all commitments Russia entered in 
     the Helsinki Final Act and the Charter of Paris and its 
     commitments in the Budapest Memorandum''.
       (4) The United Nations General Assembly adopted a 
     resolution, by a vote of 141 to 5, that demanded that the 
     Russian Federation ``immediately cease its use of force 
     against Ukraine and immediately, completely, and 
     unconditionally withdraw all of its military forces from the 
     territory of Ukraine within its internationally recognized 
     borders''.
       (5) On March 16, 2022, the International Court of Justice 
     issued provisional measures ordering the Russian Federation 
     to ``immediately suspend the military operations that it 
     commenced on 24 February 2022 in the territory of Ukraine''.
       (6) Under international law, a country that is responsible 
     for an internationally wrongful act is under an obligation to 
     make restitution by reestablishing the situation that existed 
     before the wrongful act was committed. The Russian Federation 
     bears such responsibility to provide restitution to Ukraine.
       (7) As of April 21, 2022, the World Bank estimated that the 
     invasion of Ukraine by the Russian Federation had led to at 
     least $60,000,000,000 in damage to the physical 
     infrastructure of Ukraine.
       (8) According the President of Ukraine, Volodymyr 
     Zelenskyy, as of May 3, 2022, it could cost an estimated 
     $600,000,000,000 to rebuild Ukraine as a result of the 
     illegal invasion by the Russian Federation.
       (b) Sense of Congress.--It is the sense of Congress that 
     the extreme illegal actions taken by the Russian Federation 
     present a unique situation, justifying the establishment of a 
     legal authority. In this case, that authority is the 
     authority of the United States Government or other countries 
     to confiscate sovereign assets of the Russian Federation for 
     the purpose of assisting Ukraine.

     SEC. 1282. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE 
                   RUSSIAN FEDERATION PROVIDING DUE REPARATIONS TO 
                   UKRAINE.

       It is the sense of Congress that--
       (1) the Russian Federation bears responsibility for the 
     financial burden of the reconstruction of Ukraine and for 
     countless other costs associated with the illegal invasion of 
     Ukraine by the Russian Federation that began on February 24, 
     2022;
       (2) the full cost of the Russian Federation's unlawful war 
     against Ukraine and the amount of money the Russian 
     Federation must pay Ukraine should be assessed by a bona fide 
     independent, international arbitral body or claims 
     commission;
       (3) the Russian Federation should participate in any 
     international process to assess the full cost of the Russian 
     Federation's unlawful war on Ukraine, and if it fails to do 
     so, the United States should explore other avenues for 
     providing reparations to Ukraine, including confiscation and 
     repurposing of frozen assets;

[[Page S5906]]

       (4) the Secretary of State should lead robust engagement on 
     all bilateral and multilateral aspects of the United States 
     response to the efforts of the Russian Federation to 
     undermine the sovereignty and territorial integrity of 
     Ukraine, including on any policy coordination and alignment 
     regarding the disposition of sovereign assets of the Russian 
     Federation in the context of restitution;
       (5) the confiscation and repurposing of sovereign assets of 
     the Russian Federation by the United States is in the vital 
     national security interests of the United States and 
     consistent with United States and international law; and
       (6) the United States should work with international allies 
     and partners on the confiscation and repurposing of sovereign 
     assets of the Russian Federation as part of a coordinated, 
     multilateral effort, including with G7 countries and other 
     countries in which assets of the Central Bank of the Russian 
     Federation are located.

     SEC. 1283. AUTHORITY TO PROVIDE ADDITIONAL ASSISTANCE TO 
                   UKRAINE USING ASSETS CONFISCATED FROM THE 
                   CENTRAL BANK OF THE RUSSIAN FEDERATION AND 
                   OTHER SOVEREIGN ASSETS OF THE RUSSIAN 
                   FEDERATION.

       (a) Reporting on Russian Central Bank Assets.--
       (1) Notice required.--Not later than 90 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 assets of the Central Bank of the Russian Federation 
     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, 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 
     property and interests in property of the Central Bank of the 
     Russian Federation 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 of the 
     following funds and other property subject to the 
     jurisdiction of the United States:
       (A) Funds and other property of--
       (i) the Central Bank of the Russian Federation; and
       (ii) the Russian Direct Investment Fund.
       (B) Any sovereign funds of the Russian Federation held in a 
     financial institution that is--
       (i) owned or controlled by the Government of the Russian 
     Federation; and
       (ii) on the list of specially designated nationals and 
     blocked persons maintained by the Office of Foreign Assets 
     Control of the Department of the Treasury.
       (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 
     funds and other property 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 funds and 
     other property confiscated under paragraph (1) shall vest in 
     the Government of the United States.
       (5) Notification requirement.--The Secretary of State shall 
     notify the appropriate congressional committees not later 
     than 14 days after any confiscation of funds or other 
     property under this subsection.
       (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.--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 restoring Ukraine to its 
     status before the unlawful invasion by the Russian Federation 
     that began on February 24, 2022, including through provision 
     of such funds to the Government of Ukraine for the following 
     purposes:
       (A) Reconstruction and rebuilding efforts in Ukraine.
       (B) To provide humanitarian assistance to the people of 
     Ukraine.
       (C) To provide security assistance to Ukraine.
       (D) For other purposes 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 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) Deposit of Additional Proceeds of Other Seized Russian 
     Assets Into Ukraine Support Fund.--
       (1) In general.--In addition to the funds required to be 
     deposited into the Ukraine Support Fund under subsection (b), 
     the President may deposit into the Fund for use by the 
     Secretary of State other funds that are the proceeds of the 
     liquidation of sovereign assets of the Russian Federation or 
     private assets seized from Russian persons in response to the 
     premeditated and illegal invasion of Ukraine by the Russian 
     Federation that began on February 24, 2022.
       (2) Notification.--The Secretary of State shall notify the 
     appropriate congressional committees not fewer than 5 days 
     after a deposit into the Ukraine Support Fund is made under 
     subsection (a).
       (f) Judicial Review.--
       (1) In general.--The confiscation of funds and other 
     property 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.
       (g) 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 relevant international agreement.
       (h) Sunset.--The authority to confiscate, liquidate, and 
     transfer funds and other property 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 on which the President determines and 
     certifies to the appropriate congressional committees that 
     the Russian Federation is participating in a bona fide claims 
     process that will result in the payment of all amounts 
     determined to be owed to Ukraine.

     SEC. 1284. REPORT ON USE OF CONFISCATED ASSETS FOR 
                   RECONSTRUCTION.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 90 days thereafter, the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) the amount and source of funds or other property 
     confiscated pursuant to subsection (b) of section 1283;
       (2) the amount and source of funds or other property 
     deposited into the Ukraine Support Fund under subsection (b) 
     or (e) of that section; and
       (3) a detailed description and accounting of how such funds 
     were used to meet the purposes described in subsection (d) of 
     that section.

     SEC. 1285. ASSESSMENT BY SECRETARY OF STATE AND ADMINISTRATOR 
                   OF UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT ON RECONSTRUCTION AND REBUILDING 
                   NEEDS OF UKRAINE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     appropriate congressional committees an assessment of the 
     most pressing needs of Ukraine for reconstruction, 
     rebuilding, security assistance, and humanitarian aid.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) An estimate of the rebuilding and reconstruction needs 
     of Ukraine, as of the date of the assessment, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation, 
     including--
       (A) a description of the sources and methods for the 
     estimate; and
       (B) an identification of the locations or regions in 
     Ukraine with the most pressing needs.
       (2) An estimate of the humanitarian needs, as of the date 
     of the assessment, of the people of Ukraine, including 
     Ukrainians residing inside in the internationally recognized 
     borders of Ukraine or outside those borders, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation.
       (3) An assessment of the extent to which the needs 
     described in paragraphs (1) and (2) have been met or funded, 
     by any source, as of the date of the assessment.

[[Page S5907]]

       (4) An identification of which such needs should be 
     prioritized, including any assessment or request by the 
     Government of Ukraine with respect to the prioritization of 
     such needs.

     SEC. 1286. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements under 
     this title shall not include the authority or a requirement 
     to impose sanctions on the importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply, 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

     SEC. 1287. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Z) of section 5312(a)(2) of title 31, United 
     States Code.
       (3) Russian person.--The term ``Russian person'' means--
       (A) an individual who is a citizen or national of the 
     Russian Federation; or
       (B) an entity organized under the laws of the Russian 
     Federation.
       (4) United states financial institution.--The term ``United 
     States financial institution'' means a financial institution 
     organized under the laws of the United States or of any 
     jurisdiction within the United States, including a foreign 
     branch of such an institution.

              PART II--MULTILATERAL SANCTIONS COORDINATION

     SEC. 1291. STATEMENT OF POLICY REGARDING COORDINATION OF 
                   MULTILATERAL SANCTIONS WITH RESPECT TO THE 
                   RUSSIAN FEDERATION.

       (a) In General.--In response to the Russian Federation's 
     unprovoked and illegal invasion of Ukraine, it is the policy 
     of the United States that--
       (1) the United States, along with the European Union, the 
     United Kingdom, and other willing allies and partners of the 
     United States, should lead a coordinated international 
     sanctions regime to freeze sovereign assets of the Russian 
     Federation and assets of Russian oligarchs, with the aim of 
     identifying Russian oligarchs who have assisted or 
     facilitated the regime of Vladimir Putin or the Russian 
     Federation's violation of Ukraine's sovereignty and 
     territorial integrity;
       (2) the head of the Office of Sanctions Coordination of the 
     Department of State should engage in interagency and 
     multilateral coordination with agencies of the European 
     Union, the United Kingdom, and other allies and partners of 
     the United States to ensure the ongoing implementation and 
     enforcement of sanctions with respect to the Russian 
     Federation in response to its invasion of Ukraine;
       (3) the Secretary of State, in consultation with the 
     Secretary of the Treasury, should, to the extent practical 
     and consistent with relevant United States law, lead and 
     coordinate with the European Union and the United Kingdom 
     with respect to enforcement of sanctions imposed with respect 
     to the Russian Federation;
       (4) the United States should provide relevant technical 
     assistance, implementation guidance, and support relating to 
     enforcement and implementation of sanctions imposed with 
     respect to the Russian Federation;
       (5) where appropriate, the head of the Office of Sanctions 
     Coordination, in coordination with the Bureau of Economic and 
     Business Affairs and the Bureau of European and Eurasian 
     Affairs of the Department of State and the Department of the 
     Treasury, should seek private sector input regarding 
     sanctions policy with respect to the Russian Federation and 
     the implementation of and compliance with sanctions imposed 
     with respect to the Russian Federation; and
       (6) the Secretary of State, in coordination with the 
     Secretary of the Treasury, should continue robust diplomatic 
     engagement with allies and partners of the United States, 
     including the United Kingdom and the European Union, to 
     encourage such allies and partners to impose sanctions with 
     respect to the Russian Federation.
       (b) Extension of Hiring Authorities for Office of Sanctions 
     Coordination.--Section 1 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
       (1) by redesignating subsection (h) (as added by section 
     361 of division FF of the Consolidated Appropriations Act, 
     2021 (Public Law 116-260; 134 Stat. 3131)) as subsection (k); 
     and
       (2) in paragraph (4)(B) of subsection (k), as redesignated 
     by paragraph (1), by striking ``the date that is two years 
     after the date of the enactment of this subsection'' and 
     inserting ``December 31, 2024''.
       (c) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Office of Sanctions Coordination of the Department of 
     State $15,000,000 for each of fiscal years 2023, 2024, and 
     2025 to carry out this section.
       (2) Supplement not supplant.--The amounts authorized to be 
     appropriated by paragraph (1) shall supplement and not 
     supplant other amounts authorized to be appropriated for the 
     Office of Sanctions Coordination.

     SEC. 1292. ASSESSMENT OF IMPACT OF UKRAINE-RELATED SANCTIONS 
                   ON THE ECONOMY OF THE RUSSIAN FEDERATION.

       (a) Report and Briefings.--At the times specified in 
     subsection (b), the President shall submit a report and 
     provide a briefing to the appropriate congressional 
     committees on the impact on the economy of the Russian 
     Federation of sanctions imposed by the United States and 
     other countries with respect to the Russian Federation in 
     response to the unlawful invasion of Ukraine by the Russian 
     Federation.
       (b) Timing.--The President shall--
       (1) submit a report and provide a briefing described in 
     subsection (a) to the appropriate congressional committees 
     not later than 90 days after the date of the enactment of 
     this Act; and
       (2) submit to the appropriate congressional committees a 
     report described in subsection (a) every 180 days thereafter 
     until December 31, 2024.
       (c) Elements.--Each report required by this section shall 
     include--
       (1) an assessment of--
       (A) the impacts of the sanctions described in subsection 
     (a), disaggregated by major economic sector, including the 
     energy, aerospace and defense, shipping, banking, and 
     financial sectors;
       (B) the macroeconomic impact of those sanctions on Russian, 
     European, and global economy market trends, including shifts 
     in global markets as a result of those sanctions; and
       (C) efforts by other countries or actors and offshore 
     financial providers to facilitate sanctions evasion by the 
     Russian Federation or take advantage of gaps in international 
     markets resulting from the international sanctions regime in 
     place with respect to the Russian Federation; and
       (2) recommendations for further sanctions enforcement 
     measures based on trends described in paragraph (1)(B).

     SEC. 1293. INFORMATION ON VOTING PRACTICES IN THE UNITED 
                   NATIONS WITH RESPECT TO THE INVASION OF UKRAINE 
                   BY THE RUSSIAN FEDERATION.

       Section 406(b) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 2414a(b)), is amended--
       (1) in paragraph (4), by striking ``Assembly on'' and all 
     that follows through ``opposed by the United States'' and 
     inserting the following: ``Assembly on--''
       ``(A) resolutions specifically related to Israel that are 
     opposed by the United States; and
       ``(B) resolutions specifically related to the invasion of 
     Ukraine by the Russian Federation.'';
       (2) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (3) by redesignating paragraph (6) as paragraph (7); and
       (4) by inserting after paragraph (5) the following:
       ``(6) an analysis and discussion, prepared in consultation 
     with the Secretary of State, of the extent to which member 
     countries supported United States policy objectives in the 
     Security Council and the General Assembly with respect to the 
     invasion of Ukraine by the Russian Federation; and''.
                                 ______