Text of Senate Amendment 6227

On 2026-06-24, Senator John Kennedy (R-LA) delivered a floor speech titled "Text Of Senate Amendment 6227" in the Senate.

Text of Senate Amendment 6227

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Page S3396] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6227. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title XII, insert the following: SEC. ___. SENSE OF THE CONGRESS URGING THE EXECUTIVE BRANCH AND LEADERS OF THE G7 AND THE EUROPEAN UNION TO SEIZE SOVEREIGN ASSETS OF THE RUSSIAN FEDERATION. (a) Finding.--Congress finds the following: (1) Since the illegal invasion of Ukraine by the Russian Federation, the Russian Federation has committed widespread attacks on civilians amounting to crimes against humanity, including-- (A) widespread, systemic, and deliberate targeting of civilians by drones where civilians have been targeted for attack while going about their daily lives outside, and ambulances were struck while attempting to provide medical assistance; (B) documented war crimes, including extrajudicial killings and torture of civilians and prisoners of war that are systemic and widespread throughout areas controlled by the Russian Federation; (C) rape and sexual violence committed by Russian soldiers against male and female civilians and prisoners of war; and (D) the illegal transfer of Ukrainian children to at least 210 different facilities inside the Russian Federation or areas controlled by the Russian Federation where the children are subjected to re-education and militarization. (2) The humanitarian costs of the invasion of Ukraine have been enormous, including-- (A) approximately 14,000 documented deaths of civilians, and more than 35,458 documented civilian casualties, including 700 children killed and 2,200 children injured since the start of the war; (B) an estimated 120,000 Ukrainian soldiers killed or missing in action; (C) displacement of more than 10,000,000 people, with 3,600,000 displaced within Ukraine and 6,900,000 seeking refuge abroad; and (D) indiscriminate shelling and bombing in population centers leading to the destruction of critical civilian infrastructure that will cost an estimated $524,000,000,000 to rebuild. (3) The conduct of the Russian Federation has not only harmed Ukraine but violates Article 2(4) of the United Nations Charter requiring states to refrain from the use of force against the territorial integrity or political independence of any state. (4) The principle of state responsibility under international law holds that a state committing an internationally wrongful act is obligated to make full reparation for the injury caused. (5) The legal doctrine of countermeasures under customary international law permits targeted and proportionate responses to serious breaches of international obligations, including the use of seized sovereign assets to repair harm caused by such breaches. (6) In response to the illegal aggression by the Russian Federation, members of the G7 imposed sanctions and froze Russian sovereign assets but have fallen short of confiscating such assets. (7) The continued passive freezing of Russian sovereign assets without a clear mechanism for permanent seizure and repurposing fails to uphold the principle of accountability and undermines the deterrent value of economic sanctions. (8) In 2024, Congress passed the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (22 U.S.C. 9521 note; Public Law 118-50)(commonly known as the ``REPO for Ukrainians Act'') to establish a domestic legal framework for the seizure and transfer of Russian sovereign assets. (9) The United States, every member of the European Union, and all but one member of the G7 are participating states of the Organization for Security and Co-operation in Europe. (10) On July 3, 2025, the Parliamentary Assembly of the Organization for Security and Co-operation in Europe adopted unanimously in plenary session the Porto Declaration, which ``[c]alls on OSCE participating States to unlock the full value of an estimated [$300,000,000,000 United States dollars] in Russian sovereign assets frozen across the region by repurposing the underlying principal, in sizeable increments and on a regular and timely schedule, for Ukraine until the Russian Federation ends its aggression and agrees to compensate Ukraine for damages directly resulting from the war''. (11) The implementation of such seizure requires robust coordination with international partners to mitigate legal, diplomatic, and financial risks and to maximize legitimacy and effectiveness. (12) Allied hesitation and lack of harmonized frameworks have impeded progress toward the actual transfer of such assets. (13) It is in the strategic and moral interest of the United States to lead an international coalition in converting immobilized Russian sovereign assets into a funding mechanism for the recovery and global security of Ukraine. (b) Sense of Congress.--It is the sense of Congress that Congress-- (1) determines that the Russian Federation bears full financial responsibility for the harm caused by its unlawful war of aggression against Ukraine, and the assets of the Russian Federation should be used to satisfy that responsibility; (2) remains steadfast in its support for the sovereignty, independence, and right to self-defense of Ukraine, and believes all available diplomatic, legal, and economic tools should be leveraged to hold the Russian Federation accountable; (3) recommends that the executive branch advocate internationally that-- (A) the violation of international law by the Russian Federation removes its entitlement to sovereign immunity protections over assets located abroad, under the doctrine of countermeasures; (B) international law and precedent provide a legal basis for permanent confiscation of state-owned assets in response to grave violations of the international order; and (C) the seizure of assets is a legitimate means of supporting the reconstruction of Ukraine and deterring future acts of aggression by other states; (4) strongly urges all countries with sovereign assets of the Russian Federation under their jurisdiction-- (A) to pursue harmonization of domestic legal authorities to provide their governments with seizure powers equivalent to the powers granted by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act (22 U.S.C. 9521 note; Public Law 118-50); (B) to partner with the United States to develop and implement a multilateral sovereign asset repurposing fund that facilitates the lawful seizure and repurposing of Russian sovereign assets for the benefit of Ukraine; and (C) to confiscate such assets and allocate them to Ukraine in tranches of not less than $10,000,000,000 United States dollars per month until the funds are expended to support the defense of Ukraine against the Russian Federation; and (5) calls on the President, the Secretary of State, and the Secretary of Defense to pressure any country with sovereign assets of the Russian Federation within their jurisdiction to confiscate such assets by-- (A) prioritizing the sale of United States weapons to countries that are found to have sovereign assets of the Russian Federation within their jurisdiction, and which have seized and distributed the assets to a fund for Ukraine; and (B) deprioritizing the sale of United States weapons to countries that are found to have sovereign assets of the Russian Federation within their jurisdiction and have not seized and distributed the assets to a fund for Ukraine. ______