[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S608-S613]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1466. Mr. CARDIN (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 1388 submitted by 
Mrs. Murray (for herself and Mr. Schumer) submitted 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

[[Page S609]]

     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;
       (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

[[Page S610]]

     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.--
       (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.

[[Page S611]]

       (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.

     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

[[Page S612]]

     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--
       (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. EXTENSIONS.

       (a) 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''.
       (b) Section 1287(j) of the National Defense Authorization 
     Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 
     note) is amended by striking ``on the date that is 8 years 
     after the date of the enactment of this Act'' and inserting 
     ``on September 30, 2029''.

     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

[[Page S613]]

     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 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.
                                 ______