[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3336 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3336
To strengthen the North Atlantic Treaty Organization, to combat
international cybercrime, and to impose additional sanctions with
respect to the Russian Federation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2018
Mr. Graham (for himself, Mr. Menendez, Mr. Gardner, Mr. Cardin, Mr.
McCain, and Mrs. Shaheen) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To strengthen the North Atlantic Treaty Organization, to combat
international cybercrime, and to impose additional sanctions with
respect to the Russian Federation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Defending American
Security from Kremlin Aggression Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Statement of policy on Crimea.
TITLE I--MATTERS RELATING TO NORTH ATLANTIC TREATY ORGANIZATION
Subtitle A--Opposition of the Senate to Withdrawal From NATO
Sec. 101. Opposition of the Senate to withdrawal from North Atlantic
Treaty.
Sec. 102. Limitation on use of funds.
Sec. 103. Authorization for Senate Legal Counsel to represent Senate in
opposition to withdrawal from the North
Atlantic Treaty.
Sec. 104. Reporting requirement.
Subtitle B--Strengthening the NATO Alliance
Sec. 111. Report on NATO alliance resilience and United States
diplomatic posture.
Sec. 112. Expedited NATO excess defense articles transfer program.
Sec. 113. Appropriate congressional committees defined.
TITLE II--MATTERS RELATING TO THE DEPARTMENT OF STATE
Subtitle A--Public Diplomacy Modernization
Sec. 201. Avoiding duplication of programs and efforts.
Sec. 202. Improving research and evaluation of public diplomacy.
Subtitle B--Other Matters
Sec. 211. Department of State responsibilities with respect to
cyberspace policy.
Sec. 212. Sense of Congress.
TITLE III--CHEMICAL WEAPONS NONPROLIFERATION
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Statement of policy.
Sec. 304. Report on use of chemical weapons by the Russian Federation.
Sec. 305. Authorization of appropriations.
Sec. 306. Chemical Weapons Convention defined.
TITLE IV--INTERNATIONAL CYBERCRIME PREVENTION ACT
Sec. 401. Short title.
Sec. 402. Predicate offenses.
Sec. 403. Forfeiture.
Sec. 404. Shutting down botnets.
Sec. 405. Aggravated damage to a critical infrastructure computer.
Sec. 406. Stopping trafficking in botnets; forfeiture.
TITLE V--COMBATING ELECTION INTERFERENCE
Sec. 501. Prohibition on interference with voting systems.
Sec. 502. Inadmissibility of aliens seeking to interfere in United
States elections.
TITLE VI--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
Subtitle A--Expansion of Countering America's Adversaries Through
Sanctions Act
Sec. 601. Imposition of additional sanctions with respect to the
Russian Federation.
Sec. 602. Congressional review and continued applicability of sanctions
under the Sergei Magnitsky Rule of Law
Accountability Act of 2012.
Subtitle B--Coordination With the European Union
Sec. 611. Sense of Congress on coordination with allies with respect to
sanctions with respect to the Russian
Federation.
Sec. 612. Office of Sanctions Coordination of the Department of State.
Sec. 613. Report on coordination of sanctions between the United States
and European Union.
Subtitle C--Reports Relating to Sanctions With Respect to the Russian
Federation
Sec. 621. Definitions.
Sec. 622. Updated report on oligarchs and parastatal entities of the
Russian Federation.
Sec. 623. Report on the personal net worth and assets of Vladimir
Putin.
Sec. 624. Report on section 224 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 625. Report on section 225 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 626. Report on section 226 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 627. Report on section 228 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 628. Report on section 233 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 629. Report on section 234 of the Countering America's Adversaries
Through Sanctions Act.
Subtitle D--General Provisions
Sec. 631. Exception relating to activities of the National Aeronautics
and Space Administration.
Sec. 632. Rule of construction.
TITLE VII--OTHER MATTERS RELATING TO THE RUSSIAN FEDERATION
Sec. 701. Determination on designation of the Russian Federation as a
state sponsor of terrorism.
Sec. 702. Expansion of geographic targeting orders of Financial Crimes
Enforcement Network.
Sec. 703. Extension of limitations on importation of uranium from
Russian Federation.
Sec. 704. Establishment of a National Fusion Center to respond to
threats from the Government of the Russian
Federation.
Sec. 705. Countering Russian Influence Fund.
Sec. 706. Coordinating aid and assistance across Europe and Eurasia.
Sec. 707. Addressing abuse and misuse by the Russian Federation of
INTERPOL red notices and red diffusions.
Sec. 708. Report on accountability for war crimes and crimes against
humanity by the Russian Federation in
Syria.
Sec. 709. Report on activities of the Russian Federation in Syria.
Sec. 710. Sense of Congress on responsibility of technology companies
for state-sponsored disinformation.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should immediately marshal and support a
whole-of-government response by Federal agencies to address the
threat posed by the Government of the Russian Federation and to
work to prevent interference by that Government and other
foreign state actors in United States institutions and
democratic processes;
(2) the President should publicly call for the Government
of the Russian Federation to return Crimea to the control of
the Government of Ukraine, end its support for separatist
violence in eastern Ukraine, end its occupation of and support
for separatists on the territory of Georgia and Moldova, and
cease enabling the brutal regime of Bashar al-Assad in Syria to
commit war crimes;
(3) the President should unequivocally condemn and counter
the ongoing interference in United States institutions and
democratic processes by the President of the Russian
Federation, Vladimir Putin, his government, and affiliates of
his government;
(4) the conclusion of the United States intelligence
community and law enforcement agencies and other United States
Government officials that the Russian Federation has
perpetrated, and continues to perpetrate, such interference, is
correct;
(5) the United States should continue to participate
actively as a member of the North Atlantic Treaty Organization
by--
(A) upholding the Organization's core principles of
collective defense, democratic rule of law, and
peaceful settlement of disputes;
(B) boosting coordination and deterrence capacity
among member countries; and
(C) supporting accession processes of prospective
member countries who meet the obligations of
membership;
(6) Congress reiterates its strong support for the Russia
Sanctions Review Act of 2017 (22 U.S.C. 9511), which allows for
congressional review of an action to waive the application of
sanctions under the provisions of the Countering America's
Adversaries Through Sanctions Act (Public Law 115-44; 131 Stat.
886) relating to the Russian Federation or a licensing action
that significantly alters United States foreign policy with
regard to the Russian Federation; and
(7) sanctions imposed with respect to the Russian
Federation have been most effective when developed and
coordinated in close consultation with the European Union.
SEC. 3. STATEMENT OF POLICY ON CRIMEA.
It is the policy of the United States that--
(1) the United States will never recognize the illegal
annexation of Crimea by the Russian Federation, similar to the
1940 Welles Declaration in which the United States refused to
recognized the Soviet annexation of the Baltic States;
(2) Crimea is part of the sovereign territory of Ukraine;
(3) Crimea is part of Ukraine and the United States rejects
attempts to change the status, demographics, or political
nature of Crimea;
(4) the United States reaffirms its unwavering support for
democracy, human rights, and the rule of law for all
individuals in Crimea, including non-Russian ethnic groups and
religious minorities;
(5) the United States condemns all human rights violations
against individuals in Crimea, and underscores the culpability
of the Government of the Russian Federation for such violations
while the territory of Crimea is under illegal Russian
occupation;
(6) the United States, in coordination with the European
Union, the North Atlantic Treaty Organization, and members of
the international community, should prioritize efforts to
prevent the further consolidation of illegal occupying powers
in Crimea, reaffirm unified opposition to the actions of the
Russian Federation in Crimea, and secure the human rights of
individuals there; and
(7) the United States welcomes the sanctions that have been
imposed and maintained as of the date of the enactment of this
Act by the United States and the European Union against persons
engaged in furthering the illegal occupation of Crimea by the
Russian Federation.
TITLE I--MATTERS RELATING TO NORTH ATLANTIC TREATY ORGANIZATION
Subtitle A--Opposition of the Senate to Withdrawal From NATO
SEC. 101. OPPOSITION OF THE SENATE TO WITHDRAWAL FROM NORTH ATLANTIC
TREATY.
The Senate opposes any effort to withdraw the United States from
the North Atlantic Treaty, done at Washington, DC, April 4, 1949.
SEC. 102. LIMITATION ON USE OF FUNDS.
No funds authorized or appropriated by any Act may be used to
support, directly or indirectly, any efforts on the part of any United
States Government official to take steps to withdraw the United States
from the North Atlantic Treaty, done at Washington, DC, April 4, 1949,
until such time as the Senate passes, by an affirmative vote of two-
thirds of Members, a resolution advising and consenting to the
withdrawal of the United States from the treaty.
SEC. 103. AUTHORIZATION FOR SENATE LEGAL COUNSEL TO REPRESENT SENATE IN
OPPOSITION TO WITHDRAWAL FROM THE NORTH ATLANTIC TREATY.
The Senate Legal Counsel is authorized to represent the Senate in
initiating or intervening in any judicial proceedings in any Federal
court of competent jurisdiction, on behalf of the Senate, in order to
oppose any withdrawal of the United States from the North Atlantic
Treaty in the absence of the passage by the Senate of a resolution
described in section 102.
SEC. 104. REPORTING REQUIREMENT.
The Senate Legal Counsel shall report as soon as practicable to the
Committee on Foreign Relations of the Senate with respect to any
judicial proceedings which the Senate Legal Counsel initiates or in
which it intervenes pursuant to this title.
Subtitle B--Strengthening the NATO Alliance
SEC. 111. REPORT ON NATO ALLIANCE RESILIENCE AND UNITED STATES
DIPLOMATIC POSTURE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
State, in consultation with the Secretary of Defense, shall submit a
report to the appropriate congressional committees providing an
assessment of the threats and challenges facing the NATO alliance and
United States diplomatic posture.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A review of current and emerging United States national
security interests in the NATO area of responsibility.
(2) A review of current United States political and
diplomatic engagement and political-military coordination with
NATO and NATO member states.
(3) Options for the realignment of United States engagement
with NATO to respond to new threats and challenges presented by
the Government of the Russian Federation to the NATO alliance,
as well as new opportunities presented by allies and partners.
(4) The views of counterpart governments, including heads
of state, heads of government, political leaders, and military
commanders in the region.
SEC. 112. EXPEDITED NATO EXCESS DEFENSE ARTICLES TRANSFER PROGRAM.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense, in consultation with the
Secretary of State, shall submit to the appropriate congressional
committees a report with recommendations regarding the need for and
suitability of transferring excess defense articles under this section
to countries in the NATO alliance, with particular emphasis on the
foreign policy benefits as it pertains to those member states currently
purchasing defense articles or services from the Russian Federation.
(b) Period for Review by Congress of Recommendations for EDA
Transfer to NATO Members.--During the 30-calendar-day period following
submission by the Secretary of Defense of the report required under
subsection (a), the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives shall,
as appropriate, hold hearings and briefings and otherwise obtain
information in order to fully review the recommendations included in
the report.
(c) Transfer Authority.--The President is authorized to transfer
such excess defense articles in a fiscal year as the Secretary of
Defense recommends pursuant to this section to countries for which
receipt of such articles was justified pursuant to the annual
congressional presentation documents for military assistance programs,
or for which receipt of such articles was separately justified to
Congress, for such fiscal year.
(d) Limitations on Transfers.--The President may transfer excess
defense articles under this section only if--
(1) such articles are drawn from existing stocks of the
Department of Defense;
(2) funds available to the Department of Defense for the
procurement of defense equipment are not expended in connection
with the transfer;
(3) the President determines that the transfer of such
articles will not have an adverse impact on the military
readiness of the United States;
(4) with respect to a proposed transfer of such articles on
a grant basis, the President determines that the transfer is
preferable to a transfer on a sales basis, after taking into
account the potential proceeds from, and likelihood of, such
sales, and the comparative foreign policy benefits that may
accrue to the United States as the result of a transfer on
either a grant or sales basis; and
(5) the President determines that the transfer of such
articles will not have an adverse impact on the national
technology and industrial base and, particularly, will not
reduce the opportunities of entities in the national technology
and industrial base to sell new or used equipment to the
countries to which such articles are transferred.
(e) Terms of Transfers.--
(1) No cost to recipient country.--Excess defense articles
may be transferred under this section without cost to the
recipient country.
(2) Priority.--Notwithstanding any other provision of law,
the delivery of excess defense articles under this section to
member countries of NATO that still purchase defense goods and
services from the Russian Federation and pledge to decrease
such purchases shall be given priority to the maximum extent
feasible over the delivery of such excess defense articles to
other countries.
(3) Transportation and related costs.--
(A) In general.--Except as provided in subparagraph
(B), funds available to the Department of Defense may
not be expended for crating, packing, handling, and
transportation of excess defense articles transferred
under the authority of this section.
(B) Exception.--The President may provide for the
transportation of excess defense articles without
charge to a country for the costs of such
transportation if--
(i) it is determined that it is in the
national interest of the United States to do
so;
(ii) the recipient is a NATO member state
currently purchasing defense goods and services
from the Russian Federation that has pledged to
reduce such purchases;
(iii) the total weight of the transfer does
not exceed 50,000 pounds; and
(iv) such transportation is accomplished on
a space available basis.
SEC. 113. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
TITLE II--MATTERS RELATING TO THE DEPARTMENT OF STATE
Subtitle A--Public Diplomacy Modernization
SEC. 201. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Under Secretary for Public Diplomacy and Public Affairs of the
Department of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of efforts
across public diplomacy bureaus and offices of the Department;
and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 202. IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.
(a) In General.--The Secretary of State shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department, including
through the routine use of audience research, digital
analytics, and impact evaluations, to plan and execute such
programs and activities; and
(2) make the findings of the research and evaluations
conducted under paragraph (1) available to Congress.
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation in the Office of Policy,
Planning, and Resources for the Under Secretary for Public
Diplomacy and Public Affairs.
(2) Limitation on appointment.--The appointment of a
Director of Research and Evaluation pursuant to paragraph (1)
shall not result in an increase in the overall full-time
equivalent positions within the Department.
(3) Responsibilities.--The Director of Research and
Evaluation shall--
(A) coordinate and oversee the research and
evaluation of public diplomacy programs of the
Department of State--
(i) to improve public diplomacy strategies
and tactics; and
(ii) to ensure that programs are increasing
the knowledge, understanding, and trust of the
United States among relevant target audiences;
(B) report to the Director of Policy and Planning
in the Office of Policy, Planning, and Resources under
the Under Secretary for Public Diplomacy and Public
Affairs of the Department;
(C) routinely organize and oversee audience
research, digital analytics, and impact evaluations
across all public diplomacy bureaus and offices of the
Department;
(D) support embassy public affairs sections;
(E) share appropriate public diplomacy research and
evaluation information within the Department and with
other Federal departments and agencies;
(F) regularly design and coordinate standardized
research questions, methodologies, and procedures to
ensure that public diplomacy activities across all
public diplomacy bureaus and offices are designed to
meet appropriate foreign policy objectives; and
(G) report biannually to the United States Advisory
Commission on Public Diplomacy, through the
Commission's Subcommittee on Research and Evaluation
established pursuant to subsection (f), regarding the
research and evaluation of all public diplomacy bureaus
and offices of the Department.
(4) Guidance and training.--Not later than one year after
the appointment of the Director of Research and Evaluation
pursuant to paragraph (1), the Director shall create guidance
and training for all public diplomacy officers regarding the
reading and interpretation of public diplomacy program
evaluation findings to ensure that such findings and lessons
learned are implemented in the planning and evaluation of all
public diplomacy programs and activities throughout the
Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The Director of Policy, Planning, and
Resources shall ensure that research and evaluation, as
coordinated and overseen by the Director of Research and
Evaluation, supports strategic planning and resource allocation
across all public diplomacy bureaus and offices of the
Department.
(2) Allocation of resources.--Amounts allocated for the
purposes of research and evaluation of public diplomacy
programs and activities pursuant to subsection (a) shall be
made available to be disbursed at the direction of the Director
of Research and Evaluation among the research and evaluation
staff across all public diplomacy bureaus and offices of the
Department.
(3) Sense of congress.--It is the sense of Congress that--
(A) the Under Secretary for Public Diplomacy and
Public Affairs of the Department of State should
coordinate the human and financial resources that
support the Department's public diplomacy and public
affairs programs and activities;
(B) proposals or plans related to resource
allocations for public diplomacy bureaus and offices
should be routed through the Office of the Under
Secretary for Public Diplomacy and Public Affairs for
review and clearance; and
(C) the Department should allocate, for the
purposes of research and evaluation of public diplomacy
activities and programs pursuant to subsection (a)--
(i) 3 to 5 percent of program funds made
available under the heading ``Educational and
Cultural Exchange Programs''; and
(ii) 3 to 5 percent of program funds
allocated for public diplomacy programs under
the heading ``Diplomatic and Consular
Programs''.
(d) Limited Exemption.--Chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'') shall not apply to
collections of information directed at foreign individuals conducted
by, or on behalf of, the Department of State for the purpose of
audience research, monitoring, and evaluations, and in connection with
the Department's activities conducted pursuant to the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2451 et seq.), section 1287 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C.
2656 note), or the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.).
(e) Limited Exemption to the Privacy Act.--The Department shall
maintain, collect, use, and disseminate records (as such term is
defined in section 552a(a)(4) of title 5, United States Code) for
research and data analysis of public diplomacy efforts intended for
foreign audiences. Such research and data analysis shall be reasonably
tailored to meet the purposes of this subsection and shall be carried
out with due regard for privacy and civil liberties guidance and
oversight.
(f) Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The Advisory
Commission on Public Diplomacy shall establish a Subcommittee
for Research and Evaluation to monitor and advise on the
research and evaluation activities of the Department and the
Broadcasting Board of Governors.
(2) Report.--The Subcommittee for Research and Evaluation
established pursuant to paragraph (1) shall submit an annual
report to Congress in conjunction with the Commission on Public
Diplomacy's Comprehensive Annual Report on the performance of
the Department and the Broadcasting Board of Governors in
carrying out research and evaluations of their respective
public diplomacy programming.
(3) Repeal of sunset.--Section 1334 of the Foreign Affairs
Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is hereby
repealed.
(g) Definitions.--In this section:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or campaign planning and design on specific audience
segments to understand the attitudes, interests, knowledge, and
behaviors of such audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted by
a public diplomacy program or campaign that can be attributed
to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means the Bureau of
Educational and Cultural Affairs, the Bureau of Public Affairs,
the Bureau of International Information Programs, the Office of
Policy, Planning, and Resources, the Global Engagement Center,
and the public diplomacy functions within the regional and
functional bureaus.
Subtitle B--Other Matters
SEC. 211. DEPARTMENT OF STATE RESPONSIBILITIES WITH RESPECT TO
CYBERSPACE POLICY.
(a) Office of Cyberspace and the Digital Economy.--Section 1 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Office of Cyberspace and the Digital Economy.--
``(1) In general.--There is established, within the
Department of State, an Office of Cyberspace and the Digital
Economy (referred to in this subsection as the `Office'). The
head of the Office shall have the rank and status of ambassador
and shall be appointed by the President, by and with the advice
and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Office shall
perform such duties and exercise such powers as the
Secretary of State shall prescribe, including
implementing the United States international cyberspace
policy strategy issued by the Department of State in
March 2016 pursuant to section 402 of the Cybersecurity
Act of 2015 (division N of Public Law 114-113; 129
Stat. 2978).
``(B) Duties described.--The principal duties and
responsibilities of the head of the Office shall be--
``(i) to serve as the principal cyber
policy official within the senior management of
the Department of State and as the advisor to
the Secretary of State for cyber issues;
``(ii) to lead the Department of State's
diplomatic cyberspace efforts, including
efforts relating to international
cybersecurity, Internet access, Internet
freedom, digital economy, cybercrime,
deterrence and international responses to cyber
threats, and other issues that the Secretary
assigns to the Office;
``(iii) to promote an open, interoperable,
reliable, unfettered, and secure information
and communications technology infrastructure
globally;
``(iv) to represent the Secretary of State
in interagency efforts to develop and advance
cyberspace policy described in subparagraph
(A);
``(v) to coordinate cyberspace efforts and
other relevant functions, including countering
terrorists' use of cyberspace, within the
Department of State and with other components
of the United States Government;
``(vi) to act as a liaison to public and
private sector entities on relevant cyberspace
issues;
``(vii) to lead United States Government
efforts to establish a global deterrence
framework;
``(viii) to develop and execute adversary-
specific strategies to influence adversary
decisionmaking through the imposition of costs
and deterrence strategies;
``(ix) to advise the Secretary and
coordinate with foreign governments on external
responses to national security level cyber
incidents, including coordination on diplomatic
response efforts to support allies threatened
by malicious cyber activity, in conjunction
with members of the North Atlantic Treaty
Organization and other like-minded countries;
``(x) to promote the adoption of national
processes and programs that enable threat
detection, prevention, and response to
malicious cyber activity emanating from the
territory of a foreign country, including as
such activity relates to the United States
European allies, as appropriate;
``(xi) to promote the building of foreign
capacity to protect the global network with the
goal of enabling like-minded participation in
deterrence frameworks;
``(xii) to promote the maintenance of an
open and interoperable Internet governed by the
multi-stakeholder model, instead of by
centralized government control;
``(xiii) to promote an international
regulatory environment for technology
investments and the Internet that benefits
United States economic and national security
interests;
``(xiv) to promote cross border flow of
data and combat international initiatives
seeking to impose unreasonable requirements on
United States businesses;
``(xv) to promote international policies to
protect the integrity of United States and
international telecommunications infrastructure
from foreign-based, cyber-enabled threats;
``(xvi) to serve as the interagency
coordinator for the United States Government on
engagement with foreign governments on
cyberspace and digital economy issues described
in the Defending American Security from Kremlin
Aggression Act of 2018;
``(xvii) to promote international policies
to secure radio frequency spectrum for United
States businesses and national security needs;
``(xviii) to promote and protect the
exercise of human rights, including freedom of
speech and religion, through the Internet;
``(xix) to build capacity of United States
diplomatic officials to engage on cyber issues;
``(xx) to encourage the development and
adoption by foreign countries of
internationally recognized standards, policies,
and best practices; and
``(xxi) to promote and advance
international policies that protect
individuals' private data.
``(3) Qualifications.--The head of the Office should be an
individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyber
issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--During the 4-year period
beginning on the date of the enactment of the Defending
American Security from Kremlin Aggression Act of 2018,
the head of the Office shall report to the Under
Secretary for Political Affairs or to an official
holding a higher position than the Under Secretary for
Political Affairs in the Department of State.
``(B) Subsequent placement.--After the conclusion
of the 4-year period referred to in subparagraph (A),
the head of the Office shall report to--
``(i) an appropriate Under Secretary; or
``(ii) an official holding a higher
position than Under Secretary.
``(5) Rule of construction.--Nothing in this subsection may
be construed to preclude--
``(A) the Office from being elevated to a Bureau
within the Department of State; or
``(B) the head of the Office from being elevated to
an Assistant Secretary, if such an Assistant Secretary
position does not increase the number of Assistant
Secretary positions at the Department above the number
authorized under subsection (c)(1).''.
(b) Sense of Congress.--It is the sense of Congress that the Office
of Cyberspace and the Digital Economy established under section 1(g) of
the State Department Basic Authorities Act of 1956, as added by
subsection (a)--
(1) should be a Bureau of the Department of State headed by
an Assistant Secretary, subject to the rule of construction
specified in paragraph (5)(B) of such section 1(g); and
(2) should coordinate with other bureaus of the Department
of State and use all tools at the disposal of the Office to
combat activities taken by the Russian Federation, or on behalf
of the Russian Federation, to undermine the cybersecurity and
democratic values of the United States and other nations.
(c) United Nations.--The Permanent Representative of the United
States to the United Nations should use the voice, vote, and influence
of the United States to oppose any measure that is inconsistent with
the United States international cyberspace policy strategy issued by
the Department of State in March 2016 pursuant to section 402 of the
Cybersecurity Act of 2015 (division N of Public Law 114-113; 129 Stat.
2978).
SEC. 212. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Broadcasting Board of Governors and its grantee
networks have a critical mission to inform, engage, and connect
people around the world in support of freedom and democracy;
and
(2) those networks must adhere to professional journalistic
standards and integrity and not engage in disinformation
activities.
TITLE III--CHEMICAL WEAPONS NONPROLIFERATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Chemical Weapons Nonproliferation
Act of 2018''.
SEC. 302. FINDINGS.
Congress makes the following findings:
(1) The international norm against the use of chemical
weapons has severely eroded since 2012. At least 4 actors
between 2012 and the date of the enactment of this Act have
used chemical weapons: Syria, North Korea, the Russian
Federation, and the Islamic State of Iraq and the Levant in
Iraq and Syria.
(2) On March 4, 2018, the Government of the Russian
Federation knowingly used novichok, a lethal chemical agent, in
an attempt to kill former Russian military intelligence officer
Sergei Skripal and his daughter Yulia, in Salisbury, United
Kingdom.
(3) On June 27, 2018, the Organisation for the Prohibition
of Chemical Weapons (in this title referred to as the
``OPCW''), during its Fourth Special Session of the Conference
of the States Parties to the Chemical Weapons Convention, voted
favorably in adopting a decision to ``put in place arrangements
to identify the perpetrators of the use of chemical weapons in
the Syrian Arab Republic by identifying and reporting on all
information potentially relevant to the origin of those
chemical weapons in those instances in which the OPCW Fact-
Finding Mission in Syria determines or has determined that use
or likely use occurred, and cases for which the OPCW-UN Joint
Investigative Mechanism has not issued a report; and decide[d]
also that the Secretariat shall provide regular reports on its
investigations to the Council and to the United Nations
Secretary-General for their consideration''.
(4) The Government of the Russian Federation attempted to
impede the adoption of the identification mechanism in the
Fourth Special Session of the Conference of the States Parties
to the Chemical Weapons Convention, and has repeatedly worked
to degrade the OPCW's ability to identify chemical weapons
users.
(5) The Government of the Russian Federation has shown
itself to be unwilling or incapable of compelling the President
of Syria, Bashar al-Assad, an ally of the Russian Federation,
to stop using chemical weapons against the civilian population
in Syria.
(6) The United States remains steadfast in its commitment
to its key ally the United Kingdom, its commitment to the
mutual defense of the North Atlantic Treaty Organization, and
its commitment to the Chemical Weapons Convention.
(7) Thirty-four countries, including the United States,
have joined the International Partnership against Impunity for
the use of Chemical Weapons, which represents a political
commitment by participating countries to hold to account
persons responsible for the use of chemical weapons.
SEC. 303. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to protect and defend the interests of the United
States, allies of the United States, and the international
community at large from the continuing threat of chemical
weapons and their proliferation;
(2) to maintain a steadfast commitment to the Chemical
Weapons Convention and the OPCW;
(3) to promote and strengthen the investigative and
identification mechanisms of the OPCW through the provision of
additional resources and technical equipment to better allow
the OPCW to detect, identify, and attribute chemical weapons
attacks;
(4) to pressure the Government of the Russian Federation to
halt its efforts to degrade the international efforts of the
United Nations and the OPCW to investigate chemical weapons
attacks and to designate perpetrators of such attacks by--
(A) highlighting within international fora,
including the United Nations General Assembly and the
OPCW, the repeated efforts of the Government of the
Russian Federation to degrade international efforts to
investigate chemical weapons attacks; and
(B) consulting with allies and partners of the
United States with respect to methods for strengthening
the investigative mechanisms of the OPCW;
(5) to examine additional avenues for investigating,
identifying, and holding accountable chemical weapons users if
the Government of the Russian Federation continues in its
attempts to block or hinder investigations of the OPCW; and
(6) to punish the Government of the Russian Federation for,
and deter that Government from, any chemical weapons production
and use through the imposition of sanctions, diplomatic
isolation, and the use of the mechanisms specified in the
Chemical Weapons Convention for violations of the Convention.
SEC. 304. REPORT ON USE OF CHEMICAL WEAPONS BY THE RUSSIAN FEDERATION.
Not later than 30 days after the date of the enactment of this Act,
and annually thereafter, the Legal Adviser of the Department of State
shall submit to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives a
report that includes an assessment of--
(1) whether the certification of the noncompliance of the
Russian Federation with the Chemical Weapons Convention in the
report of the Department of State entitled ``Adherence to and
Compliance with Arms Control, Nonproliferation, and Disarmament
Agreements and Commitments'', submitted to Congress pursuant to
section 403 of the Arms Control and Disarmament Act (22 U.S.C.
2593a), and dated April 2018, is a legal determination of the
use of chemical weapons by the Government of the Russian
Federation;
(2) whether the mandatory sanctions required by the
Chemical and Biological Weapons and Warfare Elimination Act of
1991 (22 U.S.C. 5601 et seq.) have been imposed with respect to
the Russian Federation; and
(3) whether the Government of the Russian Federation has
taken any steps to avoid additional sanctions required by that
Act within the 3-month period specified in section 307(b)(1) of
that Act (22 U.S.C. 5605(b)(1)) after a determination of the
use of chemical weapons under section 306(a)(1) of that Act (22
U.S.C. 5604(a)(1)).
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of State $30,000,000 for each of fiscal years 2019 through
2023, to be provided to the OPCW as a voluntary contribution pursuant
to section 301(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2221(a)) for the purpose of strengthening the OPCW's investigative and
identification mechanisms for chemical weapons attacks.
(b) Availability of Funds.--Amounts authorized to be appropriated
pursuant to subsection (a) shall remain available until expended.
SEC. 306. CHEMICAL WEAPONS CONVENTION DEFINED.
In this title, the term ``Chemical Weapons Convention'' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction, done
at Geneva September 3, 1992, and entered into force April 29, 1997.
TITLE IV--INTERNATIONAL CYBERCRIME PREVENTION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``International Cybercrime
Prevention Act''.
SEC. 402. PREDICATE OFFENSES.
Part I of title 18, United States Code, is amended--
(1) in section 1956(c)(7)(D)--
(A) by striking ``or section 2339D'' and inserting
``section 2339D''; and
(B) by striking ``of this title, section 46502''
and inserting ``, or section 2512 (relating to the
manufacture, distribution, possession, and advertising
of wire, oral, or electronic communication intercepting
devices) of this title, section 46502''; and
(2) in section 1961(1), by inserting ``section 1030
(relating to fraud and related activity in connection with
computers) if the act indictable under section 1030 is
felonious,'' before ``section 1084''.
SEC. 403. FORFEITURE.
(a) In General.--Section 2513 of title 18, United States Code, is
amended to read as follows:
``Sec. 2513. Confiscation of wire, oral, or electronic communication
intercepting devices and other property
``(a) Criminal Forfeiture.--
``(1) In general.--The court, in imposing a sentence on any
person convicted of a violation of section 2511 or 2512, or
convicted of conspiracy to violate section 2511 or 2512, shall
order, in addition to any other sentence imposed and
irrespective of any provision of State law, that such person
forfeit to the United States--
``(A) such person's interest in any property, real
or personal, that was used or intended to be used to
commit or to facilitate the commission of such
violation; and
``(B) any property, real or personal, constituting
or derived from any gross proceeds, or any property
traceable to such property, that such person obtained
or retained directly or indirectly as a result of such
violation.
``(2) Forfeiture procedures.--Pursuant to section 2461(c)
of title 28, the provisions of section 413 of the Controlled
Substances Act (21 U.S.C. 853), other than subsection (d)
thereof, shall apply to criminal forfeitures under this
subsection.
``(b) Civil Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States in accordance with provisions
of chapter 46 and no property right shall exist in them:
``(A) Any property, real or personal, used or
intended to be used, in any manner, to commit, or
facilitate the commission of a violation of section
2511 or 2512, or a conspiracy to violate section 2511
or 2512.
``(B) Any property, real or personal, constituting,
or traceable to the gross proceeds taken, obtained, or
retained in connection with or as a result of a
violation of section 2511 or 2512, or a conspiracy to
violate section 2511 or 2512.
``(2) Forfeiture procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46, relating to civil forfeitures, except that such
duties as are imposed on the Secretary of the Treasury under
the customs laws described in section 981(d) shall be performed
by such officers, agents, and other persons as may be
designated for that purpose by the Secretary of Homeland
Security or the Attorney General.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 is amended by striking the item relating to section 2513
and inserting the following:
``2513. Confiscation of wire, oral, or electronic communication
intercepting devices and other property.''.
SEC. 404. SHUTTING DOWN BOTNETS.
(a) Amendment.--Section 1345 of title 18, United States Code, is
amended--
(1) in the heading, by inserting ``and abuse'' after
``fraud'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by inserting
``or'' after the semicolon; and
(iii) by inserting after subparagraph (C)
the following:
``(D) violating or about to violate section
1030(a)(5) of this title where such conduct has caused
or would cause damage (as defined in section 1030)
without authorization to 100 or more protected
computers (as defined in section 1030) during any 1-
year period, including by--
``(i) impairing the availability or
integrity of the protected computers without
authorization; or
``(ii) installing or maintaining control
over malicious software on the protected
computers that, without authorization, has
caused or would cause damage to the protected
computers;''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``, a violation
described in subsection (a)(1)(D),'' before ``or a
Federal''; and
(3) by adding at the end the following:
``(c) A restraining order, prohibition, or other action described
in subsection (b), if issued in circumstances described in subsection
(a)(1)(D), may, upon application of the Attorney General--
``(1) specify that no cause of action shall lie in any
court against a person for complying with the restraining
order, prohibition, or other action; and
``(2) provide that the United States shall pay to such
person a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in complying
with the restraining order, prohibition, or other action.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 63 of title 18, United States Code, is amended by striking the
item relating to section 1345 and inserting the following:
``1345. Injunctions against fraud and abuse.''.
SEC. 405. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1030 the following:
``Sec. 1030A. Aggravated damage to a critical infrastructure computer
``(a) Offense.--It shall be unlawful, during and in relation to a
felony violation of section 1030, to knowingly cause or attempt to
cause damage to a critical infrastructure computer, if such damage
results in (or, in the case of an attempted offense, would, if
completed, have resulted in) the substantial impairment--
``(1) of the operation of the critical infrastructure
computer; or
``(2) of the critical infrastructure associated with such
computer.
``(b) Penalty.--Any person who violates subsection (a) shall, in
addition to the term of punishment provided for the felony violation of
section 1030, be fined under this title, imprisoned for not more than
20 years, or both.
``(c) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place any person convicted of a
violation of this section on probation;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the felony violation of section 1030;
``(3) in determining any term of imprisonment to be imposed
for the felony violation of section 1030, a court shall not in
any way reduce the term to be imposed for such violation to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section, if
such discretion shall be exercised in accordance with any
applicable guidelines and policy statements issued by the
United States Sentencing Commission pursuant to section 994 of
title 28.
``(d) Definitions.--In this section--
``(1) the terms `computer' and `damage' have the meanings
given the terms in section 1030; and
``(2) the term `critical infrastructure' means systems and
assets, whether physical or virtual, so vital to the United
States that the incapacity or destruction of such systems and
assets would have catastrophic regional or national effects on
public health or safety, economic security, or national
security, including voter registration databases, voting
machines, and other communications systems that manage the
election process or report and display results on behalf of
State and local governments.''.
(b) Table of Sections.--The table of sections for chapter 47 of
title 18, United States Code, is amended by inserting after the item
relating to section 1030 the following:
``1030A. Aggravated damage to a critical infrastructure computer.''.
SEC. 406. STOPPING TRAFFICKING IN BOTNETS; FORFEITURE.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by adding ``or'' at the end;
and
(B) by inserting after paragraph (7) the following:
``(8) intentionally traffics in the means of access to a
protected computer, if--
``(A) the trafficker knows or has reason to know
the protected computer has been damaged in a manner
prohibited by this section; and
``(B) the promise or agreement to pay for the means
of access is made by, or on behalf of, a person the
trafficker knows or has reason to know intends to use
the means of access to--
``(i) damage a protected computer in a
manner prohibited by this section; or
``(ii) violate section 1037 or 1343;'';
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``(a)(4) or
(a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)'';
and
(B) in subparagraph (B), by striking ``(a)(4), or
(a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)'';
(3) in subsection (e)--
(A) in paragraph (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) the term `traffic', except as provided in subsection
(a)(6), means transfer, or otherwise dispose of, to another as
consideration for the receipt of, or as consideration for a
promise or agreement to pay, anything of pecuniary value.'';
(4) in subsection (g), in the first sentence, by inserting
``, except for a violation of subsection (a)(8),'' after ``of
this section''; and
(5) by striking subsections (i) and (j) and inserting the
following:
``(i) Criminal Forfeiture.--
``(1) The court, in imposing sentence on any person
convicted of a violation of this section, or convicted of
conspiracy to violate this section, shall order, in addition to
any other sentence imposed and irrespective of any provision of
State law, that such person forfeit to the United States--
``(A) such person's interest in any property, real
or personal, that was used or intended to be used to
commit or to facilitate the commission of such
violation; and
``(B) any property, real or personal, constituting
or derived from any gross proceeds, or any property
traceable to such property, that such person obtained,
directly or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this
subsection, including any seizure and disposition of the
property, and any related judicial or administrative
proceeding, shall be governed by the provisions of section 413
of the Controlled Substances Act (21 U.S.C. 853), except
subsection (d) of that section.
``(j) Civil Forfeiture of Property Used in the Commission of an
Offense.--
``(1) Any personal property, including any Internet domain
name or Internet Protocol address, that was used or intended to
be used to commit or to facilitate the commission of any
violation of this section, or a conspiracy to violate this
section shall be subject to forfeiture to the United States,
and no property right shall exist in such property.
``(2) Seizures and forfeitures under this subsection shall
be governed by the provisions of chapter 46 relating to civil
forfeitures, except that such duties as are imposed on the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents, and
other persons as may be designated for that purpose by the
Secretary of Homeland Security or the Attorney General.''.
TITLE V--COMBATING ELECTION INTERFERENCE
SEC. 501. PROHIBITION ON INTERFERENCE WITH VOTING SYSTEMS.
Section 1030(e) of title 18, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by adding ``or'' at the
end; and
(C) by adding at the end the following:
``(C) that--
``(i) is part of a voting system; and
``(ii)(I) is used for the management,
support, or administration of a Federal
election; or
``(II) has moved in or otherwise affects
interstate or foreign commerce;'';
(2) in paragraph (11), by striking ``and'' at the end;
(3) in paragraph (12), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(13) the term `Federal election' means any election (as
defined in section 301(1) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101(1))) for Federal office (as defined in
section 301(3) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(3))); and
``(14) the term `voting system' has the meaning given the
term in section 301(b) of the Help America Vote Act of 2002 (52
U.S.C. 21081(b)).''.
SEC. 502. INADMISSIBILITY OF ALIENS SEEKING TO INTERFERE IN UNITED
STATES ELECTIONS.
(a) Defined Term.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the
following:
``(53) The term `improper interference in a United States
election' means conduct by an alien that--
``(A)(i) violates Federal criminal, voting rights,
or campaign finance law; or
``(ii) is under the direction of a foreign
government; and
``(B) interferes with a general or primary Federal,
State, or local election or caucus, including--
``(i) the campaign of a candidate; and
``(ii) a ballot measure, including--
``(I) an amendment;
``(II) a bond issue;
``(III) an initiative;
``(IV) a recall;
``(V) a referral; and
``(VI) a referendum.''.
(b) Improper Interference in United States Elections.--Section
212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3))
is amended by adding at the end the following:
``(H) Improper interference in a united states
election.--Any alien who is seeking admission to the
United States to engage in improper interference in a
United States election, or who has engaged in improper
interference in a United States election, is
inadmissible.''.
TITLE VI--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
Subtitle A--Expansion of Countering America's Adversaries Through
Sanctions Act
SEC. 601. IMPOSITION OF ADDITIONAL SANCTIONS WITH RESPECT TO THE
RUSSIAN FEDERATION.
(a) In General.--Part 2 of subtitle A of title II of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9521 et seq.) is
amended--
(1) by redesignating sections 235, 236, 237, and 238 as
sections 239A, 239B, 239D, and 239E, respectively; and
(2) by inserting after section 234 the following:
``SEC. 235. SANCTIONS WITH RESPECT TO TRANSACTIONS WITH CERTAIN RUSSIAN
POLITICAL FIGURES AND OLIGARCHS.
``On and after the date that is 180 days after the date of the
enactment of the Defending American Security from Kremlin Aggression
Act of 2018, the President shall impose the sanctions described in
section 224(b) with respect to--
``(1) political figures, oligarchs, and other persons that
facilitate illicit and corrupt activities, directly or
indirectly, on behalf of the President of the Russian
Federation, Vladimir Putin, and persons acting for or on behalf
of such political figures, oligarchs, and persons;
``(2) Russian parastatal entities that facilitate illicit
and corrupt activities, directly or indirectly, on behalf of
the President of the Russian Federation, Vladimir Putin;
``(3) family members of persons described in paragraph (1)
or (2) that derive significant benefits from such illicit and
corrupt activities; and
``(4) persons, including financial institutions, engaging
in significant transactions with persons described in paragraph
(1), (2), or (3).
``SEC. 236. SANCTIONS WITH RESPECT TO TRANSACTIONS RELATED TO
INVESTMENTS IN ENERGY PROJECTS SUPPORTED BY RUSSIAN
STATE-OWNED OR PARASTATAL ENTITIES OUTSIDE OF THE RUSSIAN
FEDERATION.
``On and after the date that is 180 days after the date of the
enactment of the Defending American Security from Kremlin Aggression
Act of 2018, the President shall impose five or more of the sanctions
described in section 239A with respect to a person if the Secretary of
the Treasury determines that the person knowingly, on or after such
date of enactment, invests in an energy project outside of the Russian
Federation--
``(1) that is supported by a Russian parastatal entity or
an entity owned or controlled by the Government of the Russian
Federation; and
``(2) the total value of which exceeds or is reasonably
expected to exceed $250,000,000.
``SEC. 237. SANCTIONS WITH RESPECT TO SUPPORT FOR THE DEVELOPMENT OF
CRUDE OIL RESOURCES IN THE RUSSIAN FEDERATION.
``(a) In General.--The President shall impose five or more of the
sanctions described in section 239A with respect to a person if the
President determines that the person knowingly, on or after the date of
the enactment of the Defending American Security from Kremlin
Aggression Act of 2018, sells, leases, or provides to the Russian
Federation goods, services, technology, financing, or support described
in subsection (b)--
``(1) any of which has a fair market value of $1,000,000 or
more; or
``(2) that, during a 12-month period, have an aggregate
fair market value of $5,000,000 or more.
``(b) Goods, Services, Technology, Financing, or Support
Described.--Goods, services, technology, financing, or support
described in this subsection are goods, services, technology, financing
or support that could directly and significantly contribute to the
Russian Federation's--
``(1) ability to develop crude oil resources located in the
Russian Federation; or
``(2) production of crude oil resources in the Russian
Federation, including any direct and significant assistance
with respect to the construction, modernization, or repair of
infrastructure that would facilitate the development of crude
oil resources located in the Russian Federation.
``(c) Applicability.--The requirement to impose sanctions under
subsection (a) shall not apply with respect to the maintenance of
projects that are ongoing as of the date of the enactment of the
Defending American Security from Kremlin Aggression Act of 2018.
``(d) Requirement To Issue Guidance.--Not later than 90 days after
the date of enactment of the Defending American Security from Kremlin
Aggression Act of 2018, the Secretary of State, in consultation with
the Secretary of the Treasury and the Secretary of Energy, shall issue
regulations--
``(1) clarifying how the exception under subsection (c)
will be applied; and
``(2) listing specific goods, services, technology,
financing, and support covered by subsection (b).
``SEC. 238. PROHIBITION ON AND SANCTIONS WITH RESPECT TO TRANSACTIONS
RELATING TO NEW SOVEREIGN DEBT OF THE RUSSIAN FEDERATION.
``(a) In General.--Not later than 90 days after the date of the
enactment of the Defending American Security from Kremlin Aggression
Act of 2018, the President shall--
``(1) prescribe regulations prohibiting United States
persons from engaging in transactions with, providing financing
for, or in any other way dealing in Russian sovereign debt
issued on or after the date that is 180 days after such date of
enactment; and
``(2) exercise all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to the extent necessary to block and prohibit all
transactions in all property and interests in property of one
or more of the Russian financial institutions specified in
subsection (b) if such property and interests in property are
in the United States, come within the United States, or are or
come within the possession or control of a United States
person.
``(b) Russian Financial Institutions Specified.--The Russian
financial institutions specified in this subsection are the following:
``(1) Vnesheconombank.
``(2) Sberbank.
``(3) VTB Bank.
``(4) Gazprombank.
``(5) Bank of Moscow.
``(6) Rosselkhozbank.
``(7) Promsvyazbank.
``(8) Vnesheconombank.
``(c) Russian Sovereign Debt Defined.--In this section, the term
`Russian sovereign debt' means--
``(1) bonds issued by the Central Bank, the National Wealth
Fund, or the Federal Treasury of the Russian Federation, or
agents or affiliates of any of those entities, with a maturity
of more than 14 days;
``(2) foreign exchange swap agreements with the Central
Bank, the National Wealth Fund, or the Federal Treasury of the
Russian Federation with a duration of more than 14 days; and
``(3) any other financial instrument, the duration or
maturity of which is more than 14 days, that--
``(A) the President determines represents the
sovereign debt of the Government of the Russian
Federation; or
``(B) is issued by a Russian financial institution
specified in subsection (b).
``SEC. 239. SANCTIONS WITH RESPECT TO TRANSACTIONS WITH THE CYBER
SECTOR OF THE RUSSIAN FEDERATION.
``On and after the date that is 60 days after the date of the
enactment of the Defending American Security from Kremlin Aggression
Act of 2018, the President shall impose five or more of the sanctions
described in section 239A with respect to any person, including any
financial institution, that the President determines--
``(1) engages in significant transactions with any person
in the Russian Federation that has the capacity or ability to
support or facilitate malicious cyber activities; or
``(2) is owned or controlled by, or acts or purports to act
for or on behalf of, directly or indirectly, a person that
engages in significant transactions described in paragraph
(1).''.
(b) Sanctions Described.--Section 239A(a) of the Countering
America's Adversaries Through Sanctions Act, as redesignated by
subsection (a)(1), is amended in the matter preceding paragraph (1) by
striking ``or 233(a)'' each place it appears and inserting ``233(a),
236, 237, or 239''.
(c) Termination.--Section 239B(c) of the Countering America's
Adversaries Through Sanctions Act, as redesignated by subsection
(a)(1), is amended by striking ``or 234'' and inserting ``234, 235,
236, 237, 238, or 239''.
(d) Implementation and Penalties.--Part 2 of subtitle A of title II
of the Countering America's Adversaries Through Sanctions Act (22
U.S.C. 9521 et seq.) is amended by inserting after section 239A, as
redesignated by subsection (a)(1), the following:
``SEC. 239C. IMPLEMENTATION AND PENALTIES.
``(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this part.
``(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this part or any
regulation, license, or order issued to carry out this part shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.''.
(e) Clerical Amendment.--The table of contents for the Countering
America's Adversaries Through Sanctions Act is amended by striking the
items relating to sections 235 through 238 and inserting the following:
``Sec. 235. Sanctions with respect to transactions with certain Russian
political figures and oligarchs.
``Sec. 236. Sanctions with respect to transactions related to
investments in energy projects supported by
Russian state-owned or parastatal entities
outside of the Russian Federation.
``Sec. 237. Sanctions with respect to support for the development of
crude oil resources in the Russian
Federation.
``Sec. 238. Prohibition on and sanctions with respect to transactions
relating to new sovereign debt of the
Russian Federation.
``Sec. 239. Sanctions with respect to transactions with the cyber
sector of the Russian Federation.
``Sec. 239A. Sanctions described.
``Sec. 239B. Exceptions, waiver, and termination.
``Sec. 239C. Implementation and penalties.
``Sec. 239D. Exception relating to activities of the National
Aeronautics and Space Administration.
``Sec. 239E. Rule of construction.''.
(f) Conforming Amendments.--Part 2 of subtitle A of title II of the
Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9521
et seq.), as amended by this section, is further amended--
(1) in section 231, by striking subsection (e); and
(2) by striking ``section 235'' each place it appears and
inserting ``section 239A''.
(g) Guidance.--The President shall, in a prompt and timely way,
publish guidance on the implementation of this subtitle and the
amendments made by this subtitle and any regulations prescribed
pursuant to this subtitle or any such amendment.
SEC. 602. CONGRESSIONAL REVIEW AND CONTINUED APPLICABILITY OF SANCTIONS
UNDER THE SERGEI MAGNITSKY RULE OF LAW ACCOUNTABILITY ACT
OF 2012.
Section 216(a)(2)(B)(i) of the Russia Sanctions Review Act of 2017
(22 U.S.C. 9511(a)(2)(B)(i)) is amended--
(1) in subclause (II), by striking ``; or'' and inserting a
semicolon;
(2) in subclause (III), by striking ``; and'' and inserting
``; or''; and
(3) by adding at the end the following:
``(IV) the Sergei Magnitsky Rule of
Law Accountability Act of 2012 (title
IV of Public Law 112-208; 22 U.S.C.
5811 note); and''.
Subtitle B--Coordination With the European Union
SEC. 611. SENSE OF CONGRESS ON COORDINATION WITH ALLIES WITH RESPECT TO
SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION.
It is the sense of Congress that the President should--
(1) continue to uphold and seek unity with European and
other key partners with respect to sanctions implemented with
respect to the Russian Federation, which have been effective
and instrumental in countering the aggression of the Russian
Federation;
(2) engage to the fullest extent possible with governments
that are partners of the United States with regard to closing
loopholes, including the allowance of extended prepayment for
the delivery of goods and commodities and other loopholes, in
multilateral and unilateral restrictive measures against the
Russian Federation, with the aim of maximizing alignment of
those measures; and
(3) increase efforts to vigorously enforce compliance with
sanctions in place as of the date of the enactment of this Act
with respect to the Russian Federation in response to the
crises in Ukraine and Syria, cyber intrusions and attacks, and
human rights violators in the Russian Federation.
SEC. 612. OFFICE OF SANCTIONS COORDINATION OF THE DEPARTMENT OF STATE.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), as amended by section 211,
is further amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Office of Sanctions Coordination.--
``(1) In general.--There is established, within the
Department of State, an Office of Sanctions Coordination
(referred to in this subsection as the `Office').
``(2) Head.--The head of the Office shall--
``(A) have the rank and status of ambassador;
``(B) be appointed by the President, by and with
the advice and consent of the Senate; and
``(C) report to the Under Secretary for Political
Affairs.
``(3) Duties.--The head of the Office shall--
``(A) serve as the principal advisor to the senior
management of the Department and the Secretary
regarding the role of the Department in the development
and implementation of sanctions policy, including
sanctions with respect to the Russian Federation, Iran,
North Korea, and other countries;
``(B) represent the United States in diplomatic and
multilateral fora on sanctions matters;
``(C) consult and closely coordinate with the
European Union to ensure the maximum effectiveness of
sanctions imposed by the United States and the European
Union with respect to the Russian Federation;
``(D) advise the Secretary directly and provide
input with respect to all activities, policies, and
programs of all bureaus and offices of the Department
relating to the implementation of sanctions policy; and
``(E) serve as the principal liaison of the
Department to other Federal agencies involved in the
design and implementation of sanctions policy.
``(4) Rule of construction.--Nothing in this subsection may
be construed to preclude--
``(A) the Office from being elevated to a Bureau
within the Department; or
``(B) the head of the Office from being elevated to
level of an Assistant Secretary.''.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report detailing the efforts of the Office
of Sanctions Coordination established under the amendments made by
subsection (a) to coordinate sanctions policy with the European Union.
SEC. 613. REPORT ON COORDINATION OF SANCTIONS BETWEEN THE UNITED STATES
AND EUROPEAN UNION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the appropriate congressional committees a report that
includes the following:
(1) A description of each instance, during the period
specified in subsection (b)--
(A) in which the United States has imposed
sanctions with respect to a person for activity related
to the Russian Federation, but in which the European
Union has not imposed corresponding sanctions; and
(B) in which the European Union has imposed
sanctions with respect to a person for activity related
to the Russian Federation, but in which the United
States has not imposed corresponding sanctions.
(2) An explanation for the reason for each discrepancy
between sanctions imposed by the European Union and sanctions
imposed by the United States described in subparagraphs (A) and
(B) of paragraph (1).
(b) Period Specified.--The period specified in this subsection is--
(1) in the case of the first report submitted under
subsection (a), the period beginning on the date of the
enactment of this Act and ending on the date the report is
submitted; and
(2) in the case of a subsequent such report, the 180-day
period preceding the submission of the report.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives.
Subtitle C--Reports Relating to Sanctions With Respect to the Russian
Federation
SEC. 621. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives.
(2) Senior foreign political figure.--The term ``senior
foreign political figure'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
SEC. 622. UPDATED REPORT ON OLIGARCHS AND PARASTATAL ENTITIES OF THE
RUSSIAN FEDERATION.
Section 241 of the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44; 131 Stat. 922) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following:
``(b) Updated Report.--Not later than 180 days after the date of
the enactment of the Defending American Security from Kremlin
Aggression Act of 2018, the Secretary of the Treasury, in consultation
with the Director of National Intelligence and the Secretary of State,
shall submit to the appropriate congressional committees an updated
report on oligarchs and parastatal entities of the Russian Federation
that builds on the report submitted under subsection (a) on January 29,
2018, and that includes the matters described in paragraphs (1) through
(5) of subsection (a).''; and
(3) in subsection (c), as redesignated by paragraph (1), by
striking ``The report required under subsection (a)'' and
inserting ``The reports required by subsections (a) and (b)''.
SEC. 623. REPORT ON THE PERSONAL NET WORTH AND ASSETS OF VLADIMIR
PUTIN.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a detailed report on
the personal net worth and assets of the President of the Russian
Federation, Vladimir Putin, including--
(1) the estimated net worth and known sources of income of
Vladimir Putin and his family members, including assets,
investments, bank accounts, other business interests, and
relevant beneficial ownership information; and
(2) an identification of the most significant senior
foreign political figures and oligarchs in the Russian
Federation, as determined by their closeness to Vladimir Putin.
(b) Form of Report.--The report required under subsection (a) shall
be submitted in an unclassified form but may include a classified
annex.
SEC. 624. REPORT ON SECTION 224 OF THE COUNTERING AMERICA'S ADVERSARIES
THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that describes the persons that the
President has determined under section 224(a)(1)(A) of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9524(a)(1)(A))
knowingly engaged, on or after August 2, 2017, and before the date of
the report, in significant activities undermining cybersecurity against
any person, including a democratic institution or government on behalf
of the Government of the Russian Federation.
(b) Elements.--The report required by subsection (a) shall contain
the following:
(1) A list of the persons described in subsection (a).
(2) A description of diplomatic efforts to work with
governments and democratic institutions in other countries the
cybersecurity of which the President determines has been
undermined by the Government of the Russian Federation.
(c) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall submit to the appropriate congressional committees an update to
the report required by subsection (a).
SEC. 625. REPORT ON SECTION 225 OF THE COUNTERING AMERICA'S ADVERSARIES
THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that describes the foreign persons
that the President has determined under section 4(b)(1) of the Ukraine
Freedom Support Act of 2014 (22 U.S.C. 8923(b)(1)), as amended by
section 225 of the Countering America's Adversaries Through Sanctions
Act (Public Law 115-44; 131 Stat. 910), have knowingly, on or after
August 2, 2017, and before the date of the report, made a significant
investment in a special Russian crude oil project.
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall submit to the appropriate congressional committees an update to
the report required by subsection (a).
SEC. 626. REPORT ON SECTION 226 OF THE COUNTERING AMERICA'S ADVERSARIES
THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that describes the foreign financial
institutions that the President has determined under section 5(a) of
the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8924(a)), as amended
by section 226 of the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44; 131 Stat. 910), have knowingly
engaged, on or after August 2, 2017, and before the date of the report,
in significant transactions involving significant investments in a
special Russian crude oil project described in section 4(b)(1) of the
Ukraine Freedom Support Act of 2014.
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall submit to the appropriate congressional committees an update to
the report required by subsection (a).
SEC. 627. REPORT ON SECTION 228 OF THE COUNTERING AMERICA'S ADVERSARIES
THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that describes the foreign persons
that the President has determined under subsection (a) of section 10 of
the Support for the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014 (22 U.S.C. 8909), as added by section
228 of the Countering America's Adversaries Through Sanctions Act
(Public Law 115-44; 131 Stat. 911), have, on or after August 2, 2017,
and before the date of the report--
(1) materially violated, attempted to violate, conspired to
violate, or caused a violation of any license, order,
regulation, or prohibition contained in or issued pursuant to
any covered Executive order (as defined in subsection (f) of
such section 10), the Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014 (22
U.S.C. 8901 et seq.), or the Ukraine Freedom Support Act of
2014 (22 U.S.C. 8921 et seq.); or
(2) facilitated a significant transaction or transactions,
including deceptive or structured transactions, for or on
behalf of--
(A) any person subject to sanctions imposed by the
United States with respect to the Russian Federation;
or
(B) any child, spouse, parent, or sibling of an
individual described in subparagraph (A).
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall submit to the appropriate congressional committees an update to
the report required by subsection (a).
SEC. 628. REPORT ON SECTION 233 OF THE COUNTERING AMERICA'S ADVERSARIES
THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that describes the foreign persons
that the President has determined under section 233 of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9527) have made,
on or after August 2, 2017, and before the date of the report, an
investment of $10,000,000 or more (or any combination of investments of
not less than $1,000,000 each, which in the aggregate equals or exceeds
$10,000,000 in any 12-month period), or facilitates such an investment,
if the investment directly and significantly contributes to the ability
of the Russian Federation to privatize state-owned assets in a manner
that unjustly benefits--
(1) officials of the Government of the Russian Federation;
or
(2) close associates or family members of those officials.
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall submit to the appropriate congressional committees an update to
the report required by subsection (a).
SEC. 629. REPORT ON SECTION 234 OF THE COUNTERING AMERICA'S ADVERSARIES
THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that describes the foreign persons
that the President has determined under section 234 of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9528) have
knowingly, on or after August 2, 2017, and before the date of the
report, exported, transferred, or otherwise provided to Syria
significant financial, material, or technological support that
contributes materially to the ability of the Government of Syria to--
(1) acquire or develop chemical, biological, or nuclear
weapons or related technologies;
(2) acquire or develop ballistic or cruise missile
capabilities;
(3) acquire or develop destabilizing numbers and types of
advanced conventional weapons;
(4) acquire significant defense articles, defense services,
or defense information (as such terms are defined under the
Arms Export Control Act (22 U.S.C. 2751 et seq.)); or
(5) acquire items designated by the President for purposes
of the United States Munitions List under section 38(a)(1) of
the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall submit to the appropriate congressional committees an update to
the report required by subsection (a).
Subtitle D--General Provisions
SEC. 631. EXCEPTION RELATING TO ACTIVITIES OF THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.
(a) In General.--This title and the amendments made by this title
shall not apply with respect to activities of the National Aeronautics
and Space Administration.
(b) Rule of Construction.--Nothing in this title or the amendments
made by this title shall be construed to authorize the imposition of
any sanction or other condition, limitation, restriction, or
prohibition, that directly or indirectly impedes the supply by any
entity of the Russian Federation of any product or service, or the
procurement of such product or service by any contractor or
subcontractor of the United States or any other entity, relating to or
in connection with any space launch conducted for--
(1) the National Aeronautics and Space Administration; or
(2) any other non-Department of Defense customer.
SEC. 632. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title shall be
construed--
(1) to supersede the limitations or exceptions on the use
of rocket engines for national security purposes under section
1608 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended by
section 1607 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1100) and
section 1602 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2582); or
(2) to prohibit a contractor or subcontractor of the
Department of Defense from acquiring components referred to in
such section 1608.
TITLE VII--OTHER MATTERS RELATING TO THE RUSSIAN FEDERATION
SEC. 701. DETERMINATION ON DESIGNATION OF THE RUSSIAN FEDERATION AS A
STATE SPONSOR OF TERRORISM.
(a) Determination.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a determination of
whether the Russian Federation meets the criteria for
designation as a state sponsor of terrorism.
(2) Form.--The determination required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex, if appropriate.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined is a government that has
repeatedly provided support for acts of international
terrorism, for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018;
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)); or
(D) any other provision of law.
SEC. 702. EXPANSION OF GEOGRAPHIC TARGETING ORDERS OF FINANCIAL CRIMES
ENFORCEMENT NETWORK.
(a) In General.--Section 5326 of title 31, United States Code, is
amended by adding at the end the following:
``(e) Reporting by Title Insurance Companies.--
``(1) In general.--The Secretary shall issue an order under
subsection (a) requiring a domestic title insurance company to
obtain, maintain, and report to the Secretary information on
the beneficial owners of entities that purchase residential
real estate in high-value transactions in which the domestic
title insurance company is involved.
``(2) Definitions.--In this subsection:
``(A) Beneficial owner.--The term `beneficial
owner', with respect to an entity, means an individual
who, directly or indirectly, owns 25 percent or more of
the equity interests in the entity.
``(B) Domestic title insurance company.--The term
`domestic title insurance company' has the meaning
given that term in regulations prescribed by the
Secretary.
``(C) High-value transaction.--The term `high-
value', with respect to a real estate transaction, has
the meaning given that term in regulations prescribed
by the Secretary based on the real estate market in
which the transaction takes place.''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury shall prescribe
regulations to carry out the amendment made by subsection (a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out the amendment made by subsection (a).
SEC. 703. EXTENSION OF LIMITATIONS ON IMPORTATION OF URANIUM FROM
RUSSIAN FEDERATION.
Section 3112A(c) of the USEC Privatization Act (42 U.S.C. 2297h-
10a(c)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (vi), by striking ``; and'' and
inserting a semicolon;
(B) in clause (vii), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(viii) in calendar year 2021, 463,620
kilograms;
``(ix) in calendar year 2022, 456,930
kilograms;
``(x) in calendar year 2023, 449,810
kilograms;
``(xi) in calendar year 2024, 435,933
kilograms;
``(xii) in calendar year 2025, 421,659
kilograms;
``(xiii) in calendar year 2026, 421,659
kilograms;
``(xiv) in calendar year 2027, 394,072
kilograms;
``(xv) in calendar year 2028, 386,951
kilograms;
``(xvi) in calendar year 2029, 386,951
kilograms; and
``(xvii) in calendar year 2030, 375,791
kilograms.'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking the semicolon
and inserting ``; or'';
(B) in subparagraph (B), by striking ``; or'' and
inserting a period; and
(C) by striking subparagraph (C);
(3) in paragraph (5)(A), by striking ``reference data'' and
all that follows through ``2019'' and inserting the following:
``lower scenario data in the document of the World Nuclear
Association entitled `Nuclear Fuel Report: Global Scenarios for
Demand and Supply Availability 2017-2035'. In each of calendar
years 2022, 2025, and 2028''; and
(4) in paragraph (9), by striking ``December 31, 2020'' and
inserting ``December 31, 2030''.
SEC. 704. ESTABLISHMENT OF A NATIONAL FUSION CENTER TO RESPOND TO
THREATS FROM THE GOVERNMENT OF THE RUSSIAN FEDERATION.
(a) Establishment.--There is established a National Fusion Center
to Respond to Hybrid Threats, which shall focus primarily on such
threats from the Government of the Russian Federation, and shall be
chaired by senior United States Government officials from participating
agencies (in this section referred to as the ``Center'').
(b) Mission.--The primary missions of the Center are as follows:
(1) To serve as the primary organization in the United
States Government to coordinate analysis and policy
implementation across the United States Government in
responding to hybrid threats posed by the Government of the
Russian Federation to the national security, sovereignty,
democracy, and economic activity of the United States and
United States allies, including the following activities:
(A) Execution of disinformation, misinformation,
and propaganda campaigns through traditional and social
media platforms.
(B) Formation, infiltration, or manipulation of
cultural, religious, educational, and political
organizations or parties.
(C) Covert transfer of illicit money through shell
corporations and financial institutions to facilitate
corruption, crime, and malign influence activities,
including through political parties and interest
groups.
(D) Coercive tactics and gray zone activities,
including through para-military and para-police and
security services and militias.
(E) Cyber and other non-traditional threats,
including against public infrastructure, government
institutions, or political organizations or actors.
(F) Use of energy resources or infrastructure to
influence or constrain sovereign states and political
actors.
(2) To synchronize the efforts of the Department of State,
the Department of the Treasury, the Department of Defense, the
Department of Homeland Security, the intelligence community,
other relevant civilian United States Government agencies, and
United States military combatant commands with respect to
countering efforts by the Government of the Russian Federation
to undermine the national security, political sovereignty,
democratic institutions, and economic activity of the United
States and its United States allies, including by--
(A) ensuring that each such element is aware of and
coordinating on such efforts; and
(B) overseeing the development and implementation
of comprehensive and integrated policy responses to
such efforts.
(3) In coordination with the head of the Global Engagement
Center established by section 1287 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22
U.S.C. 2656 note), to examine current and emerging efforts by
malign state actors to use propaganda and disinformation
operations, including--
(A) traditional media platforms such as television,
radio, and print; and
(B) social media platforms and other Internet
communication tools.
(4) To identify and close gaps across the departments and
agencies of the Federal Government with respect to expertise,
readiness, and planning to address the threats posed by the
Government of the Russian Federation.
(c) Reporting Requirement.--
(1) In general.--The Director of the Center shall submit to
the appropriate congressional committees every 180 days a
report on threats posed by the Russian Federation to the
national security, sovereignty, and economic activity of the
United States and its allies.
(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the period covered by the
report, a discussion of the following:
(A) The nature, extent, and execution of the
threats described in such paragraph.
(B) The ability of the United States Government to
identify and defend against such threats.
(C) The progress of the Center in achieving its
missions, including through coordination with other
governments and multilateral organizations.
(D) Recommendations the Director determines
necessary for legislative actions to improve the
ability of the Center to achieve its missions.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Intelligence Community Defined.--In this section, the term
``intelligence community'' means an element of the intelligence
community specified or designated under section 3(4) of the National
Security Act of 1947.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 705. COUNTERING RUSSIAN INFLUENCE FUND.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Countering Russian Influence Fund described in
section 7070(d) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of Public Law
115-31; 131 Stat. 706), $250,000,000 for fiscal years 2020 and 2021.
(b) Use of Funds.--Amounts in the Countering Russian Influence Fund
shall be used in countries of Europe and Eurasia the Secretary of State
has determined are vulnerable to malign influence by the Russian
Federation to effectively implement, subject to the availability of
funds, the following goals:
(1) To assist in protecting critical infrastructure and
electoral mechanisms from cyberattacks.
(2) To combat corruption, improve the rule of law, and
otherwise strengthen independent judiciaries and prosecutors
general offices.
(3) To respond to the humanitarian crises and instability
caused or aggravated by the invasions and occupations of
Georgia, Moldova, and Ukraine by the Russian Federation.
(4) To improve participatory legislative processes and
legal education, political transparency and competition, and
compliance with international obligations.
(5) To build the capacity of civil society, media, and
other nongovernmental organizations countering the influence
and propaganda of the Russian Federation to combat corruption,
prioritize access to truthful information, and operate freely
in all regions.
(6) To assist the Secretary of State in executing the
functions specified in section 1239(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 113 note) for the purposes of recognizing,
understanding, exposing, and countering propaganda and
disinformation efforts by foreign governments, in coordination
with the relevant regional Assistant Secretary or Assistant
Secretaries of the Department of State.
(c) Revision of Activities for Which Amounts May Be Used.--The
Secretary of State may modify a goal described in subsection (b) if,
not later than 15 days before revising such goal, the Secretary
notifies the appropriate congressional committees of the revision.
(d) Implementation.--
(1) In general.--The Secretary of State shall, acting
through the Coordinator of United States Assistance to Europe
and Eurasia (authorized pursuant to section 601 of the Support
for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5461)
and section 102 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (22 U.S.C.
5812)), and in consultation with the Administrator for the
United States Agency for International Development, the
Director of the Global Engagement Center of the Department of
State, the Secretary of Defense, EUCOM, the Chairman of the
Broadcasting Board of Governors, and the heads of other
relevant Federal agencies, coordinate and carry out activities
to achieve the goals described in subsection (b).
(2) Method.--Activities to achieve the goals described in
subsection (b) shall be carried out through--
(A) initiatives of the United States Government;
(B) Federal grant programs such as the Information
Access Fund;
(C) nongovernmental or international organizations;
or
(D) support exchanges with countries facing state-
sponsored disinformation and pressure campaigns,
particularly in Europe and Eurasia, provided that a
portion of the funds are made available through a
process whereby the Bureau of Educational and Cultural
Affairs of the Department of State solicits proposals
from posts located in affected countries to counter
state-sponsored disinformation and hybrid threats,
promote democracy, and support exchanges with countries
facing state-sponsored disinformation and pressure
campaigns.
(3) Report on implementation.--
(A) In general.--Not later than April 1 of each
year, the Secretary of State, acting through the
Coordinator of United States Assistance to Europe and
Eurasia, shall submit to the appropriate congressional
committees a report on the programs and activities
carried out to achieve the goals described in
subsection (b) during the preceding fiscal year.
(B) Elements.--Each report required by subparagraph
(A) shall include, with respect to each program or
activity described in that subparagraph--
(i) the amount of funding for the program
or activity;
(ii) the goal described in subsection (b)
to which the program or activity relates; and
(iii) an assessment of whether or not the
goal was met.
(e) Coordination With Global Partners.--
(1) In general.--In order to maximize impact, eliminate
duplication, and speed the achievement of the goals described
in subsection (b), the Secretary of State shall ensure
coordination with--
(A) the European Union and its institutions;
(B) the governments of countries that are members
of the North Atlantic Treaty Organization or the
European Union; and
(C) international organizations and quasi-
governmental funding entities that carry out programs
and activities that seek to accomplish the goals
described in subsection (b).
(f) Rule of Construction.--Nothing in this section shall be
construed to apply to or limit United States foreign assistance not
provided using amounts available in the Countering Russian Influence
Fund.
(g) Expansion of Pilot Program.--
(1) In general.--The Secretary of State shall expand the
pilot program required under section 254(g) of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C. 9543(g))
to hire additional personnel within the Bureau for Democracy,
Human Rights, and Labor to develop and implement programs
focused on combating corruption, improving rule of law, and
building capacity of civil society, political parties, and
independent media.
(2) Report on ensuring adequate staffing for governance
activities.--Not later than 90 days afer the date of the
enactment of this Act, the Secretary of State shall submit to
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a report on implementation of the pilot program
required under section 254(g) of the Countering Russian
Influence in Europe and Eurasia Act of 2017 (22 U.S.C.
9543(g)).
SEC. 706. COORDINATING AID AND ASSISTANCE ACROSS EUROPE AND EURASIA.
It is the sense of Congress that--
(1) the Government of the Russian Federation has applied,
and continues to apply traditional uses of force, intelligence
operations, cyber attacks, and influence campaigns, including
through the use of corruption, disinformation, and cultural and
social influence, which represent clear and present threats to
the countries of Europe and Eurasia;
(2) in response, governments in Europe and Eurasia should
redouble efforts to build resilience within their institutions,
political systems, and civil societies;
(3) the United States Government supports the democratic
and rule of law-based institutions that the Government of the
Russian Federation seeks to undermine, including the North
Atlantic Treaty Organization, the Organization for Security and
Cooperation in Europe, and the European Union;
(4) the United States Government should continue to work
with and strengthen such institutions, including the European
Union, as a partner against aggression by the Government of the
Russian Federation through the coordination of aid programs,
development assistance, and other efforts to counter malign
Russian influence;
(5) the United States Government should continue to work
with the individual countries of Europe and Eurasia to bolster
efforts to counter malign Russian influence in all its forms;
and
(6) the United States Government should increase assistance
and diplomatic efforts in Europe, including in European Union
and NATO countries, to address threats to fundamental human
rights and backsliding in rule of law protections, operating
space for independent media and civil society, and other
democratic institutions, whose strength is critical to
defending against malign Russian influence over the long term.
SEC. 707. ADDRESSING ABUSE AND MISUSE BY THE RUSSIAN FEDERATION OF
INTERPOL RED NOTICES AND RED DIFFUSIONS.
(a) Findings.--Congress makes the following findings:
(1) The International Criminal Police Organization (in this
section referred to as ``INTERPOL'') works to prevent and fight
crime through enhanced cooperation and innovation on police and
security matters, including counterterrorism, cybercrime,
counternarcotics, and transnational organized crime.
(2) United States membership and participation in INTERPOL
advanced the national security and law enforcement interests of
the United States related to combating terrorism, cybercrime,
narcotics, and transnational organized crime.
(3) Article 2 of INTERPOL's Constitution states that the
organization aims ``[t]o ensure and promote the widest possible
mutual assistance between all criminal police authorities [. .
.] in the spirit of the `Universal Declaration of Human
Rights'''.
(4) Article 3 of INTERPOL's Constitution states that ``[i]t
is strictly forbidden for the Organization to undertake any
intervention or activities of a political, military, religious
or racial character''.
(5) Some INTERPOL member countries have used the INTERPOL's
processes, including the red notice and red diffusions
mechanisms, for activities of a political character.
(b) Sense of Congress.--It is the sense of Congress that the
Government of the Russian Federation has abused and misused INTERPOL's
red notice and red diffusion mechanisms for overtly political purposes
and activities such as intimidating, harassing, and persecuting
political opponents.
(c) Censure of Russian Activity.--The Attorney General, in
coordination with the Secretary of Homeland Secretary, shall use the
voice and influence of the United States at INTERPOL to censure and
sanction the abuse of INTERPOL mechanisms by the Government of the
Russian Federation, including the suspension of the ability of the
Government of the Russian Federation to use INTERPOL's red notice and
red diffusion mechanisms.
(d) No Denial of Services.--No United States person or foreign
person that is the subject of a red notice or red diffusion requested
by the Government of the Russian Federation shall be denied access to
any United States Government services or programs because the person is
the subject of such red notice or red diffusion, including requesting
asylum, requesting a visa, or participating in a visa waiver program or
the Transportation Security Administration's Trusted Traveler Program.
SEC. 708. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES AGAINST
HUMANITY BY THE RUSSIAN FEDERATION IN SYRIA.
(a) Findings.--Congress makes the following findings:
(1) In March 2016, Amnesty International issued a report
stating, ``Syrian and Russian forces have been deliberately
attacking health facilities in flagrant violation of
international humanitarian law. But what is truly egregious is
that wiping out hospitals appears to have become part of their
military strategy.''.
(2) On September 21, 2017, Department of State Spokesperson
Heather Nauert said, ``The United States is concerned by
reports of airstrikes in Idlib province and northern Hama
province on September 19 and 20 that killed at least three
medical personnel and damaged a number of medical facilities,
emergency equipment, and civil defense centers. These attacks
fit an all-too-familiar pattern in which medical facilities and
personnel--and the civilians they serve--are victims of strikes
by the Syrian regime and its Russian allies.''.
(3) In February 2018, Syrian and Russian airstrikes in
rebel-held areas killed 230 civilians and hit at least 9
medical facilities. In a statement on February 10, 2018, the
office of Zeid Ra'ad al-Hussein, the United Nations High
Commissioner for Human Rights, said the airstrikes ``may,
depending on the circumstances, all constitute war crimes''.
(4) On March 6, 2018, the United Nations Independent
International Commission of Inquiry on the Syrian Arab Republic
noted, ``[I]n one particularly harmful attack on 13 November,
the Russian Air Force carried out airstrikes on a densely
populated civilian area in Atareb (Aleppo), killing at least 84
people and injuring another 150. Using unguided weapons, the
attack struck a market, police station, shops, and a
restaurant, and may amount to a war crime.''.
(b) Report Required.--The Secretary of State shall submit to the
appropriate congressional committees a report on alleged war crimes and
crimes against humanity attributable to the Government of the Russian
Federation or paramilitary forces or contractors responsive to the
direction of that Government during the operations of that Government
in Syria--
(1) not later than 60 days after the date of the enactment
of this Act; and
(2) not later than 180 days after the date on which the
Secretary of State determines that the violence in Syria has
ceased.
(c) Elements.--Each report required by subsection (b) shall include
the following:
(1) A description of alleged war crimes and crimes against
humanity described in subsection (b), including--
(A) any such alleged crimes that may violate the
principle of medical neutrality and, if possible, an
identification of the individual or individuals who
engaged in or organized such crimes; and
(B) if possible, a description of the conventional
and unconventional weapons used for such alleged crimes
and the origins of such weapons.
(2) An assessment of whether such alleged crimes constitute
war crimes or crimes against humanity, including genocide.
(3) A description and assessment by the Office of Global
Criminal Justice of the Department of State, the United States
Agency for International Development, the Department of
Justice, and other appropriate Federal agencies, of programs
that the United States Government has undertaken to ensure
accountability for such alleged crimes, including programs--
(A) to train investigators within and outside of
Syria on how to document, investigate, develop findings
with respect to, and identify and locate alleged
perpetrators of, such alleged crimes, including--
(i) the number of United States Government
or contractor personnel currently designated to
work full-time on such training; and
(ii) an identification of the authorities
and appropriations being used to support such
training; and
(B) to document, collect, preserve, and protect
evidence of such alleged crimes, including support for
Syrian, foreign, and international nongovernmental
organizations, and other entities, including the
International, Impartial and Independent Mechanism to
Assist in the Investigation and Prosecution of Persons
Responsible for the Most Serious Crimes under
International Law Committed in the Syrian Arab Republic
since March 2011 and the Independent International
Commission of Inquiry on the Syrian Arab Republic of
the United Nations.
(d) Protection of Witnesses and Evidence.--In preparing the report
required by subsection (b), the Secretary shall take due care to ensure
that the identities of witnesses and physical evidence are not publicly
disclosed in a manner that might place such witnesses at risk of harm
or encourage the destruction of such evidence by the Government of the
Russian Federation or the Government of Syria, violent extremist
groups, anti-government forces, or any other combatants or participants
in the conflict in Syria.
(e) Form.--Each report required by subsection (b) may be submitted
in unclassified or classified form, but shall include a publicly
available annex.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives.
SEC. 709. REPORT ON ACTIVITIES OF THE RUSSIAN FEDERATION IN SYRIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of State and the Secretary of Defense,
shall submit to the appropriate congressional committees and leadership
a report that includes--
(1) an assessment of the willingness and capacity of the
Government of the Russian Federation to ensure the removal of
Iranian forces, Iran-aligned and Iran-directed militias and
paramilitaries, and other armed group responsive to the
direction of Iran, from the territory of Syria;
(2) a list of policies, actions, or activities that the
Government of the Russian Federation would take if that
Government were willing to ensure the removal of the forces,
militias, paramilitaries, and other armed groups described in
paragraph (1) from the territory of Syria;
(3) a list of policies, actions, or activities that the
Government of the Russian Federation would take to ensure the
removal of the forces, militias, paramilitaries, and other
armed groups described in paragraph (1) from the territory of
Syria if that Government were capable of doing so;
(4) an assessment of whether any of the policies, actions,
or activities described in paragraph (2) or (3) are being taken
by the Government of the Russian Federation;
(5) an assessment of the specific commitments made by
officials of the Government of the Russian Federation to
officials of the Government of Israel with respect to the Golan
Heights and the presence of the forces, militias,
paramilitaries, and other armed groups described in paragraph
(1) in the territory of Syria;
(6) an assessment of weapons, technologies, and knowledge
directly or indirectly transferred by the Government of the
Russian Federation to the regime of Bashar al-Assad, Lebanese
Hezbollah, Iran, or Iran-aligned forces in Syria that threaten
the security and qualitative military edge of Israel; and
(7) an assessment of whether the presence of Russian forces
and Russian contractors in Syria limits the options of the
Government of Israel in taking steps to ensure its security
from threats emanating from the territory of Syria.
(b) Form.--The report required by subsection (a) shall be submitted
in an unclassified form but may include a classified annex.
(c) Appropriate Congressional Committees and Leadership Defined.--
In this section, the term ``appropriate congressional committees and
leadership'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
SEC. 710. SENSE OF CONGRESS ON RESPONSIBILITY OF TECHNOLOGY COMPANIES
FOR STATE-SPONSORED DISINFORMATION.
It is the sense of Congress that technology companies, particularly
social media companies, share responsibility for ensuring that their
platforms are free of disinformation sponsored by the Government of the
Russian Federation and other foreign governments.
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