[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;
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(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''.
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