[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Pages S522-S527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1411. Mr. RISCH submitted an amendment intended to be proposed to
amendment SA 1388 submitted by Mrs. Murray (for herself and Mr.
Schumer) and intended to be proposed to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION C--REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR
UKRAINIANS ACT
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Rebuilding Economic
Prosperity and Opportunity for Ukrainians Act'' or the ``REPO
for Ukrainians Act''.
SEC. 4002. DEFINITIONS.
In this division:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(2) G7.--The term ``G7'' means the countries that are
members of the informal Group of 7, including Canada, France,
Germany, Italy, Japan, the United Kingdom, and the United
States.
(3) Russian sovereign asset.--The term ``Russian sovereign
asset'' means funds and other property of--
(A) the Central Bank of the Russian Federation;
(B) the National Wealth Fund of the Russian Federation; or
(C) the Ministry of Finance of the Russian Federation.
(4) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United
States.
TITLE I--SEIZURE, TRANSFER, CONFISCATION, AND REPURPOSING OF RUSSIAN
SOVEREIGN ASSETS
SEC. 4101. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) On February 20, 2014, the Government of the Russian
Federation violated the sovereignty and territorial integrity
of Ukraine by engaging in a pre-meditated and illegal
invasion of Ukraine.
(2) On February 24, 2022, the Government of the Russian
Federation violated the sovereignty and territorial integrity
of Ukraine by engaging in a pre-meditated, second illegal
invasion of Ukraine.
(3) The international community has condemned the illegal
invasions 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, the commission of sexual violence,
and the forced deportation of Ukrainian children.
(4) The leaders of the 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''.
(5) On March 2, 2022, the United Nations General Assembly
adopted Resolution ES-11/1, entitled ``Aggression against
Ukraine'', by a vote of 141 to 5. That resolution
``deplore[d] in the strongest terms the aggression by the
Russian Federation against Ukraine in violation of Article
2(4) of the [United Nations] Charter'' and 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''.
(6) 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''.
(7) The Russian Federation bears international legal
responsibility for its aggression against Ukraine and, under
international law, must cease its internationally wrongful
acts. Because of this breach of the prohibition on aggression
under international law, the United States is legally
entitled to take countermeasures that are proportionate and
aimed at inducing the Russian Federation to comply with its
international obligations.
(8) On November 14, 2022, the United Nations General
Assembly adopted a resolution--
(A) recognizing that the Russian Federation must bear the
legal consequences of all of its internationally wrongful
acts, including making reparation for the injury, including
any damage, caused by such acts;
(B) recognizing the need for the establishment of an
international mechanism for reparation for damage, loss, or
injury caused by the Russian Federation in or against
Ukraine; and
(C) recommending creation of an international register of
such damage, loss, or injury.
(9) Under international law, a country that is responsible
for an internationally wrongful act is under an obligation to
make full reparation for the injury caused. The Russian
Federation bears such an obligation to compensate Ukraine.
(10) Approximately $300,000,000,000 of Russian sovereign
assets have been immobilized worldwide. Only a small fraction
of those assets--1 to 2 percent, or between $4,000,000,000
and $5,000,000,000--are reportedly subject to the
jurisdiction of the United States.
(11) The vast majority of immobilized Russian sovereign
assets, approximately $190,000,000,000, are reportedly
subject to the jurisdiction of Belgium. The Government of
Belgium has publicly indicated that any action by that
Government regarding those assets would be predicated on
support by the G7.
(b) Sense of Congress.--It is the sense of Congress that,
having committed an act of aggression, as recognized by the
United Nations General Assembly on March 2, 2022, the Russian
Federation is to be considered as an aggressor state. The
internationally wrongful acts taken by the Russian
Federation, including an act of aggression, present a unique
situation justifying the establishment of a mechanism to
compensate Ukraine and victims of aggression by the Russian
Federation in Ukraine.
SEC. 4102. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE
RUSSIAN FEDERATION PROVIDING COMPENSATION 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;
[[Page S523]]
(2) in the absence of a comprehensive peace agreement
addressing the Russian Federation's obligation to compensate
Ukraine for the cost of the Russian Federation's unlawful war
against Ukraine, the amount of money the Russian Federation
must pay Ukraine should be assessed by an international body
or mechanism charged with determining compensation and
providing assistance to Ukraine;
(3) the Russian Federation is on notice of its opportunity
to comply with its international obligations, including
compensation, or, by agreement with the government of
independent Ukraine, authorize an international body or
mechanism to address those outstanding obligations with
authority to make binding decisions on parties that comply in
good faith;
(4) the Russian Federation can, by negotiated agreement,
participate in any international process to assess the full
cost of the Russian Federation's unlawful war against Ukraine
and make funds available to compensate for damage, loss, and
injury arising from its internationally wrongful acts in
Ukraine, and if it fails to do so, the United States and
other countries should explore other avenues for ensuring
compensation to Ukraine, including confiscation and
repurposing of assets of the Russian Federation;
(5) the President should continue to lead robust engagement
on all bilateral and multilateral aspects of the response by
the United States to efforts by the Russian Federation to
undermine the sovereignty and territorial integrity of
Ukraine, including on any policy coordination and alignment
regarding the disposition of Russian sovereign assets in the
context of compensation; and
(6) any effort by the United States to confiscate and
repurpose Russian sovereign assets should be undertaken
alongside international allies and partners as part of a
coordinated, multilateral effort, including with G7
countries, the European Union, Australia, and other countries
in which Russian sovereign assets are located.
SEC. 4103. PROHIBITION ON LIFTING SANCTIONS ON IMMOBILIZED
RUSSIAN SOVEREIGN ASSETS.
(a) In General.--Notwithstanding any other provision of
law, no Russian sovereign asset that is blocked or
immobilized by the Department of the Treasury pursuant to
sanctions imposed before the date described in section
4104(h) may be released or mobilized until the President
certifies to the appropriate congressional committees in
writing that--
(1) the Russian Federation has reached an agreement
relating to the respective withdrawal of Russian forces and
cessation of military hostilities that is accepted by the
free and independent Government of Ukraine; and
(2)(A) full compensation has been made to Ukraine for harms
resulting from the invasion of Ukraine by the Russian
Federation; or
(B) 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.
(b) Notification.--Not later than 30 days before the
lifting of sanctions with respect to Russian sovereign assets
as described in subsection (a), the President shall submit to
the appropriate congressional committees--
(1) a written notification of the decision to lift the
sanctions; and
(2) a justification in writing for lifting the sanctions.
(c) Joint Resolution of Disapproval.--
(1) In general.--Sanctions may not be lifted with respect
to Russian sovereign assets as described in subsection (a)
if, within 30 days of receipt of the notification and
justification required under subsection (b), a joint
resolution is enacted prohibiting the lifting of the
sanctions.
(2) Expedited procedures.--Any joint resolution described
in paragraph (1) introduced in either House of Congress shall
be considered in accordance with the provisions of section
601(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765),
except that any such resolution shall be subject to germane
amendments. If such a joint resolution should be vetoed by
the President, the time for debate in consideration of the
veto message on such measure shall be limited to 20 hours in
the Senate and in the House of Representatives shall be
determined in accordance with the Rules of the House.
(d) Cooperation on Prohibition of Lifting Sanctions on
Certain Russian Sovereign Assets.--The President may take
such action as may be necessary to seek to obtain and enter
into an agreement between the United States, Ukraine, and
other countries that have blocked or immobilized Russian
sovereign assets to prohibit such assets from being released
or mobilized until there is an agreement that addresses the
Russian Federation's obligation to compensate Ukraine.
SEC. 4104. AUTHORITY TO SEIZE, CONFISCATE, TRANSFER, AND VEST
RUSSIAN SOVEREIGN ASSETS.
(a) Reporting on Russian Sovereign Assets.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until the
date described in subsection (h), 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, including the
information with respect to such assets required to be
included with respect to property in the reports required by
Directive 4.
(2) Continuation in effect of reporting requirements.--Any
requirement to submit reports under Directive 4 shall remain
in effect until the date described in subsection (h).
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Directive 4 defined.--In this subsection, the term
``Directive 4'' means Directive 4 issued by the Office of
Foreign Assets Control under Executive Order 14024 (50 U.S.C.
1701 note; relating to blocking property with respect to
specified harmful foreign activities of the Government of the
Russian Federation), as in effect on the date of the
enactment of this Act.
(b) Seizure, Transfer, Vesting, and Confiscation.--
(1) In general.--On and after the date that is 30 days
after the President submits to the appropriate congressional
committees the certification described in subsection (c), the
President may seize, confiscate, transfer, or vest any
Russian sovereign assets, in whole or in part, and including
any interest or interests in such assets, subject to the
jurisdiction of the United States.
(2) Vesting.--For funds confiscated under paragraph (1),
all right, title, and interest in Russian sovereign assets
shall vest in the Government of the United States.
(3) Liquidation and deposit.--The President may--
(A) deposit any funds seized, transferred, or confiscated
under paragraph (1) into the Ukraine Support Fund established
under subsection (d);
(B) liquidate or sell any other property seized,
transferred, or confiscated under paragraph (1) and deposit
the funds resulting from such liquidation or sale into the
Ukraine Support Fund; and
(C) make all such funds available for the purposes
described in subsection (e).
(4) Method of seizure, transfer, or confiscation.--The
President may seize, transfer, or confiscate Russian
sovereign assets under paragraph (1) through instructions or
licenses or in such other manner as the President determines
appropriate.
(c) Certification.--The certification described in this
subsection, with respect to Russian sovereign assets, is a
certification that--
(1) seizing, confiscating, or transferring the Russian
sovereign assets for the benefit of Ukraine is in the
national interests of the United States;
(2) either--
(A) the Russian Federation has not ceased its unlawful
aggression against Ukraine; or
(B) the Russian Federation has not provided full
compensation to Ukraine for harms resulting from Russian
aggression; and
(3) the President has meaningfully coordinated with G7
leaders to take multilateral action with regard to any
seizure, confiscation, or transfer of Russian sovereign
assets for the benefit of Ukraine.
(d) Establishment of the Ukraine Support Fund.--
(1) In general.--The President shall establish an account,
to be known as the ``Ukraine Support Fund'', to consist of
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 (e).
(3) Supplement not supplant.--Amounts in the account
established under paragraph (1) shall supplement and not
supplant other amounts made available to provide assistance
to Ukraine.
(e) Use of Assets.--
(1) In general.--Subject to paragraphs (2), (3), and (4),
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, to
provide assistance to Ukraine to address damage resulting
from the unlawful invasion by the Russian Federation that
began on February 24, 2022, including through contributions
to an international body or mechanism charged with
determining compensation and providing assistance to Ukraine.
(2) Coordination with foreign assistance funds.--
(A) In general.--Funds in the Ukraine Support Fund may be
transferred to, and merged with, funds made available to
carry out any provision of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) to carry out the purposes of this
section, except that funds from the Ukraine Support Fund
shall remain available until expended. Any funds transferred
pursuant to this subparagraph may be considered foreign
assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities
in that Act.
(B) Use for direct loans.--Notwithstanding section 504(b)
of the Congressional Budget Act of 1974 (2 U.S.C. 661c(b)),
funds in the Ukraine Support Fund may be made available,
subject to such terms and conditions as the Secretary of
State deems necessary, for the principal for direct loans for
Ukraine and costs, as defined in section 502 of the
Congressional Budget Act of 1974 (2 U.S.C. 661a), of such
loans.
(3) Notification.--
[[Page S524]]
(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), other than funds authorized to be provided as
assistance under section 491 of the Foreign Assistance Act of
1961 (22 U.S.C. 2292).
(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.
(4) Prohibition of provision of funds to the russian
federation or sanctioned persons.--Notwithstanding any other
provision of law, funds from the Ukraine Support Fund may not
under any circumstances be provided to--
(A) the Government of the Russian Federation;
(B) a foreign person with respect to which the United
States has imposed sanctions;
(C) a foreign person owned or controlled by--
(i) the Government of the Russian Federation;
(ii) a Russian person with respect to which the United
States has imposed sanctions; or
(D) any person in which the Government of the Russian
Federation or a person described in subparagraph (B) has a
direct or indirect interest; or
(E) any person that may act in the interest of the
Government of the Russian Federation.
(f) Judicial Review.--
(1) Exclusiveness of remedy.--Notwithstanding any other
provision of law, any action taken under this section shall
not be subject to judicial review, except as provided in this
subsection.
(2) Limitations for filing claims.--A claim may only be
brought with respect to an action under this section--
(A) that alleges that the action will deny rights under the
Constitution of the United States; and
(B) if the claim is brought not later than 60 days after
the date of such action.
(3) Jurisdiction.--
(A) In general.--A claim under paragraph (2) of this
subsection shall be barred unless a complaint is filed prior
to the expiration of such time limits in the United States
District Court for the District of Columbia.
(B) Appeal.--An appeal of an order of the United States
District Court for the District of Columbia issued pursuant
to a claim brought under this subsection shall be taken by a
notice of appeal filed with the United States Court of
Appeals for the District of Columbia Circuit not later than
10 days after the date on which the order is entered.
(C) Expedited consideration.--It shall be the duty of the
United States District Court for the District of Columbia and
the United States Court of Appeals for the District of
Columbia Circuit to advance on the docket and to expedite to
the greatest possible extent the disposition of any claim
brought under this subsection.
(g) Exception for United States Obligations Under
International Agreements.--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--
(A) governing the use of force or establishing rights under
international humanitarian law; and
(B) to which the United States is a state party on the day
before the date of the enactment of this Act.
(h) Sunset.--The authority to seize, transfer, confiscate,
or vest Russian sovereign assets under this section shall
terminate on the earlier of--
(1) the date that is 6 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) the Russian Federation has reached an agreement
relating to the respective withdrawal of Russian forces and
cessation of military hostilities that is accepted by the
free and independent Government of Ukraine; and
(B)(i) full compensation has been made to Ukraine for harms
resulting from the invasion of Ukraine by the Russian
Federation;
(ii) the Russian Federation is participating in a bona fide
international mechanism that, by agreement, addresses the
obligations of the Russian Federation to compensate Ukraine;
or
(iii) the Russian Federation's obligation to compensate
Ukraine for the damage caused by the Russian Federation's
aggression has been resolved pursuant to an agreement between
the Russian Federation and the Government of Ukraine.
SEC. 4105. INTERNATIONAL MECHANISM TO USE RUSSIAN SOVEREIGN
ASSETS TO PROVIDE FOR THE RECONSTRUCTION OF
UKRAINE.
(a) In General.--The President shall take steps the
President determines are appropriate to coordinate with the
G7, the European Union, Australia, and other partners and
allies of the United States regarding the disposition of
immobilized Russian sovereign assets, such as by seeking to
establish a coordinated international compensation mechanism
with foreign partners, including Ukraine, the G7, the
European Union, Australia, and other partners and allies of
the United States, which may 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 4104(d) and contributions from
foreign partners to allow for compensation for Ukraine,
including by--
(1) supporting 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.--Upon the President reaching
an agreement or arrangement to establish a common
international compensation mechanism pursuant to subsection
(a), the Secretary of State may transfer funds from the
Ukraine Support Fund established under section 4104(d) to a
fund or mechanism established consistent with 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 from the Ukraine Support Fund to a fund established
consistent with subsection (a).
(d) Good Governance.--The Secretary of State, in
consultation with the Secretary of the Treasury, shall--
(1) seek to ensure that any fund or mechanism established
consistent with subsection (a) operates in accordance with
established international accounting principles;
(2) seek to ensure that any such fund or mechanism is--
(A) staffed, operated, and administered in accordance with
established accounting rules and governance procedures,
including a mechanism for the governance and operation of the
fund or mechanism;
(B) operated transparently as to all funds transfers,
filings, and decisions; and
(C) audited on a regular basis by an independent auditor,
in accordance with internationally accepted accounting and
auditing standards;
(3) seek to ensure that any audits of any such fund or
mechanism are made available to the public; and
(4) ensure that any audits of any such fund or mechanism
are reviewed and reported on by the Government Accountability
Office to the appropriate congressional committees and the
public.
(e) Limitation on Transfer of Funds.--No funds may be
transferred from the Ukraine Support Fund to a fund or
mechanism established consistent with subsection (a) unless
the President certifies to the appropriate congressional
committees that--
(1) the institution housing the fund or mechanism 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.
(f) Joint Resolution of Disapproval.--No funds may be
transferred from the Ukraine Support Fund to a fund or
mechanism established consistent with subsection (a) if,
within 30 days of receipt of the notification required under
subsection (c)(2), a joint resolution is enacted prohibiting
the transfer.
(g) 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 any fund or mechanism
established consistent with subsection (a).
(2) Any information regarding the disposition of any such
fund or mechanism that has been transmitted to the President
by the institution housing the fund or mechanism 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.
[[Page S525]]
SEC. 4106. REPORT ON USE OF RUSSIAN SOVEREIGN ASSETS.
Not later than 90 days after the date of the enactment of
this Act, and every 180 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 Russian sovereign assets
seized, transferred, or confiscated pursuant to subsection
(b)(1) of section 4104;
(2) the amount and source of funds transferred into the
Ukraine Support Fund under subsection (b)(3) of that section;
and
(3) a detailed description and accounting of how such funds
were used to meet the purposes described in subsection (e) of
that section.
SEC. 4107. REPORT ON IMMOBILIZED ASSETS OF THE CENTRAL BANK
OF THE RUSSIAN FEDERATION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Board of Governors of the Federal
Reserve, the Federal Deposit Insurance Corporation, the
Office of the Comptroller of the Currency, the National
Credit Union Administration, the Securities and Exchange
Commission, and the Commodity Futures Trading Commission,
shall submit to the appropriate congressional committees a
report that includes--
(1) the best available accounting of the location, value,
and denomination of blocked and immobilized assets of the
Central Bank of the Russian Federation, as well as any
additional assets of that bank held outside of the Russian
Federation;
(2) with respect to blocked and immobilized assets of the
Central Bank of the Russian Federation--
(A) a break down of those assets by the country or
jurisdiction in which such assets are located;
(B) an estimate of the value and denomination of the assets
held in each such country or jurisdiction; and
(C) an identification of whether those assets are
securities, deposits, or other assets;
(3) an estimate, to the extent feasible, of--
(A) the total income received from those assets since the
dates that the assets were blocked or immobilized; and
(B) the approximate amounts of those assets that are
securities and have matured or expired; and
(4) an assessment of--
(A) what may have happened to the securities described in
paragraph (3)(B); and
(B) how the funds from maturing securities have been
reinvested and the associated income flows.
(b) Addressing Uncertainty.--In preparing the report
required by subsection (a), the Secretary shall--
(1) where exact figures are uncertain, provide approximate
ranges for those figures; and
(2) identify areas of uncertainty or gaps in accounting,
including areas where the Central Bank of the Russian
Federation may have additional assets outside of the Russian
Federation.
(c) Coordination With Allies.--The Secretary shall work
with the G7 and other allies of the United States to obtain
the information necessary to ensure that the report submitted
under subsection (a) is comprehensive. A joint report by the
Secretary and such allies shall satisfy the requirements of
this subsection.
(d) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Focus on public availability of information.--In
preparing the report required by subsection (a), the
Secretary shall maximize the amount of information that is
included in the unclassified portion of the report.
SEC. 4108. 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 Secretary of the Treasury and
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 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.
(4) A plan to engage in robust multilateral and bilateral
diplomacy to ensure that allies and partners of the United
States, particularly in the European Union as Ukraine seeks
accession, increase their commitment to Ukraine's
reconstruction.
(5) 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. 4109. 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.
TITLE II--MULTILATERAL COORDINATION AND COUNTERING MALIGN ACTIVITIES OF
THE RUSSIAN FEDERATION
SEC. 4201. STATEMENT OF POLICY REGARDING MULTILATERAL
COORDINATION 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
G7, Australia, and other willing allies and partners of the
United States, should continue to lead a coordinated
international sanctions regime to freeze sovereign assets of
the Russian Federation;
(2) the Secretary of State should continue to engage in
interagency and multilateral coordination with agencies of
the European Union, the G7, Australia, and other allies and
partners of the United States on efforts related to
countering the Russian Federation, including efforts related
to the confiscation and repurposing of Russian sovereign
assets, as well as 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 practicable
and consistent with relevant United States law, continue to
lead and coordinate with the European Union, the G7,
Australia, and other allies and partners of the United States
with respect to enforcement of sanctions imposed with respect
to the Russian Federation;
(4) the United States should continue to 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 Secretary of State, in
consultation with the Secretary of the Treasury, should
continue to seek private sector input regarding sanctions
policy with respect to the Russian Federation and the
implementation of and compliance with such 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 European Union, the G7, and Australia, to
encourage such allies and partners to continue to take
appropriate actions against the Russian Federation, including
the imposition of sanctions.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $15,000,000 for each of fiscal years
2025, 2026, and 2027, 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
Department of State.
SEC. 4202. 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''.
SEC. 4203. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO
REMEDIATE HARMS TO UKRAINE FROM RUSSIAN
AGGRESSION.
(a) In General.--Section 1708 of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public
Law 117-328; 136 Stat. 5200) is amended--
[[Page S526]]
(1) in subsection (a), by inserting ``from any forfeiture
fund'' after ``The Attorney General may transfer''; and
(2) in subsection (c)--
(A) in paragraph (2), by striking ``which property
belonged'' and all that follows and inserting the following:
``which property--
``(A) belonged to, was possessed by, or was controlled by a
person the property or interests in property of which were
blocked pursuant to any covered legal authority;
``(B) was involved in an act in violation of, or a
conspiracy or scheme to violate or cause a violation of--
``(i) any covered legal authority; or
``(ii) any restriction on the export, reexport, or in-
country transfer of items imposed by the United States under
the Export Administration Regulations, or any restriction on
the export, reexport, or retransfer of defense articles under
the International Traffic in Arms Regulations under
subchapter M of chapter I of title 22, Code of Federal
Regulations, with respect to--
``(I) the Russian Federation, Belarus, the Crimea region of
Ukraine, or the so-called Donetsk and Luhansk People's
Republic regions of Ukraine;
``(II) any person in any such country or region on a
restricted parties list; or
``(III) any person located in any other country that has
been added to a restricted parties list in connection with
the malign conduct of the Russian Federation in Ukraine,
including the annexation of the Crimea region of Ukraine in
March 2014 and the invasion beginning in February 2022 of
Ukraine, as substantially enabled by Belarus; or
``(C) was involved in any related conspiracy, scheme, or
other Federal offense arising from the actions of, or doing
business with or acting on behalf of, the Russian Federation,
Belarus, or the Crimea region of Ukraine, or the so-called
Donetsk and Luhansk People's Republic regions of Ukraine.'';
and
(B) by adding at the end the following:
``(3) The term `covered legal authority' means any license,
order, regulation, or prohibition imposed by the United
States under the authority provided by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any
other provision of law, with respect to--
``(A) the Russian Federation;
``(B) the national emergency--
``(i) declared in Executive Order 13660 (50 U.S.C. 1701
note; relating to blocking property of certain persons
contributing to the situation in Ukraine);
``(ii) expanded by--
``(I) Executive Order 13661 (50 U.S.C. 1701 note; relating
to blocking property of additional persons contributing to
the situation in Ukraine); and
``(II) Executive Order 13662 (50 U.S.C. 1701 note; relating
to blocking property of additional persons contributing to
the situation in Ukraine); and
``(iii) relied on for additional steps taken in Executive
Order 13685 (50 U.S.C. 1701 note; relating to blocking
property of certain persons and prohibiting certain
transactions with respect to the Crimea region of Ukraine);
``(C) the national emergency, as it relates to the Russian
Federation--
``(i) declared in Executive Order 13694 (50 U.S.C. 1701
note; relating to blocking the property of certain persons
engaging in significant malicious cyber-enabled activities);
and
``(ii) relied on for additional steps taken in Executive
Order 13757 (50 U.S.C. 1701 note; relating to taking
additional steps to address the national emergency with
respect to significant malicious cyber-enabled activities);
``(D) the national emergency--
``(i) declared in Executive Order 14024 (50 U.S.C. 1701
note; relating to blocking property with respect to specified
harmful foreign activities of the Government of the Russian
Federation);
``(ii) expanded by Executive Order 14066 (50 U.S.C. 1701
note; relating to prohibiting certain imports and new
investments with respect to continued Russian Federation
efforts to undermine the sovereignty and territorial
integrity of Ukraine); and
``(iii) relied on for additional steps taken in--
``(I) Executive Order 14039 (22 U.S.C. 9526 note; relating
to blocking property with respect to certain Russian energy
export pipelines);
``(II) Executive Order 14068 (50 U.S.C. 1701 note; relating
to prohibiting certain imports, exports, and new investment
with respect to continued Russian Federation aggression); and
``(III) Executive Order 14071 (50 U.S.C. 1701 note;
relating to prohibiting new investment in and certain
services to the Russian Federation in response to continued
Russian Federation aggression); and
``(iv) which may be expanded or relied on in future
Executive orders; or
``(E) actions or policies that undermine the democratic
processes and institutions in Ukraine or threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine.
``(4) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).
``(5) The term `restricted parties list' means any of the
following lists maintained by the Bureau of Industry and
Security:
``(A) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
``(B) The Denied Persons List maintained pursuant to
section 764.3(a)(2) of the Export Administration Regulations.
``(C) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.''.
(b) Semiannual Reports.--Such section is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Not later than 180 days after the date of the
enactment of the Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act, and every 180 days
thereafter, the Secretary of State, in consultation with the
Attorney General and the Secretary of the Treasury, shall
submit to the appropriate congressional committees a report
on progress made in remediating the harms of Russian
aggression toward Ukraine as a result of transfers made under
subsection (a).''.
(c) Plan Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Attorney General, in
consultation with the Secretary of the Treasury and the
Secretary of State, shall submit to the appropriate
congressional committees a plan for using the authority
provided by section 1708 of the Additional Ukraine
Supplemental Appropriations Act, 2023, as amended by this
section.
(2) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
has the meaning given that term by section 1708 of the
Additional Ukraine Supplemental Appropriations Act, 2023, as
amended by this section.
SEC. 4204. EXTENSION.
Section 5(a) of the Elie Wiesel Genocide and Atrocities
Prevention Act of 2018 (Public Law 115-441; 132 Stat. 5587)
is amended, in the matter preceding paragraph (1), by
striking ``six years'' and inserting ``12 years''.
SEC. 4205. RECOGNITION OF RUSSIAN ACTIONS IN UKRAINE AS A
GENOCIDE.
(a) Findings.--Congress finds the following:
(1) The Russian Federation's illegal, premeditated,
unprovoked, and brutal war against Ukraine includes
extensive, systematic, and flagrant atrocities against the
people of Ukraine.
(2) Article II of the Convention on the Prevention and
Punishment of the Crime of Genocide (in this section referred
to as the ``Genocide Convention''), adopted and opened for
signature in 1948 and entered into force in 1951, defines
genocide as ``any of the following acts committed with intent
to destroy, in whole or in part, a national, ethnical, racial
or religious group, as such: (a) Killing members of the
group; (b) Causing serious bodily or mental harm to members
of the group; (c) Deliberately inflicting on the group
conditions of life calculated to bring about its physical
destruction in whole or in part; (d) Imposing measures
intended to prevent births within the group; (e) Forcibly
transferring children of the group to another group''.
(3) On October 3, 2018, the Senate unanimously agreed to
Senate Resolution 435, 115th Congress, which commemorated the
85th anniversary of the Holodomor and ``recognize[d] the
findings of the Commission on the Ukraine Famine as submitted
to Congress on April 22, 1988, including that `Joseph Stalin
and those around him committed genocide against the
Ukrainians in 1932-1933' ''.
(4) Substantial and significant evidence documents
widespread, systematic actions against the Ukrainian people
committed by Russian forces under the direction of political
leadership of the Russian Federation that meet one or more of
the criteria under article II of the Genocide Convention,
including--
(A) killing members of the Ukrainian people in mass
atrocities through deliberate and regularized murders of
fleeing civilians and civilians in passing as well as
purposeful targeting of homes, schools, hospitals, shelters,
and other residential and civilian areas;
(B) causing serious bodily or mental harm to members of the
Ukrainian people by launching indiscriminate attacks against
civilians and civilian areas, conducting willful strikes on
humanitarian evacuation corridors, and employing widespread
and systematic sexual violence against Ukrainian civilians,
including women, children, and men;
(C) deliberately inflicting upon the Ukrainian people
conditions of life calculated to bring about their physical
destruction in whole or in part, including displacement due
to annihilated villages, towns, and cities left devoid of
food, water, shelter, electricity, and other basic
necessities, starvation caused by the destruction of
farmlands and agricultural equipment, the placing of Russian
landmines across thousands of acres of useable fields, and
blocking the delivery of humanitarian food aid;
(D) imposing measures intended to prevent births among the
Ukrainian people, demonstrated by the Russian military's
expansive and direct targeting of maternity hospitals and
other medical facilities and systematic attacks against
residential and civilian areas as well as humanitarian
corridors intended to deprive Ukrainians of safe
[[Page S527]]
havens within their own country and the material conditions
conducive to childrearing; and
(E) forcibly mass transferring millions of Ukrainian
civilians, hundreds of thousands of whom are children, to the
Russian Federation or territories controlled by the Russian
Federation.
(5) The intent of the Russian Federation and those acting
on its behalf in favor of those heinous crimes against
humanity has been demonstrated through frequent
pronouncements and other forms of official communication
denying Ukrainian nationhood, including President Putin's
ahistorical claims that Ukraine is part of a ``single whole''
Russian nation with ``no historical basis'' for being an
independent country.
(6) Some Russian soldiers and brigades accused of
committing war crimes in Bucha, Ukraine, and elsewhere were
rewarded with medals by President Putin.
(7) The Russian state-owned media outlet RIA Novosti
published the article ``What Should Russia do with Ukraine'',
which outlines ``de-Nazification'' as meaning ``de-
Ukrainianization'' or the destruction of Ukraine and
rejection of the ``ethnic component'' of Ukraine.
(8) Article I of the Genocide Convention confirms ``that
genocide, whether committed in time of peace or in time of
war, is a crime under international law which [the
Contracting Parties] undertake to prevent and to punish''.
(9) Although additional documentation and analysis of
atrocities committed by the Russian Federation in Ukraine may
be needed to punish those responsible, the substantial and
significant documentation already undertaken, combined with
statements showing intent, compel urgent action to prevent
future acts of genocide.
(10) The Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 10101 et seq.) authorizes the President to impose
economic sanctions on, and deny entry into the United States
to, foreign individuals identified as engaging in gross
violations of internationally recognized human rights.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) those acting on behalf of the Russian Federation should
be condemned for committing acts of genocide against the
Ukrainian people;
(2) the United States, in cooperation with allies in the
North Atlantic Treaty Organization and the European Union,
should undertake measures to support the Government of
Ukraine to prevent acts of Russian genocide against the
Ukrainian people;
(3) tribunals and international criminal investigations
should be supported to hold Russian political leaders and
military personnel to account for a war of aggression, war
crimes, crimes against humanity, and genocide; and
(4) the President should use the authorities under the
Global Magnitsky Human Rights Accountability Act (22 U.S.C.
10101 et seq.) to impose economic sanctions on those
responsible for, or complicit in, genocide in Ukraine by the
Russian Federation and those acting on its behalf.
______