[Congressional Record Volume 162, Number 83 (Wednesday, May 25, 2016)]
[Senate]
[Page S3212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4205. Mr. ROUNDS (for himself and Mr. Cruz) submitted an amendment
intended to be proposed by him to the bill S. 2943, to authorize
appropriations for fiscal year 2017 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1227. IMPOSITION OF SANCTIONS WITH RESPECT TO
SIGNIFICANT ACTIVITIES UNDERMINING
CYBERSECURITY CONDUCTED ON BEHALF OF OR AT THE
DIRECTION OF THE GOVERNMENT OF IRAN.
(a) Cybersecurity Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once
every 180 days thereafter, the President shall submit to the
appropriate congressional committees a report on significant
activities undermining cybersecurity conducted by persons on
behalf of or at the direction of the Government of Iran
(including members of paramilitary organizations such as
Ansar-e-Hezbollah and Basij-e Mostaz'afin) against the
Government of the United States or any United States person.
(2) Information.--The report required under paragraph (1)
shall include the following:
(A) The identity of persons that have knowingly
facilitated, participated or assisted in, engaged in,
directed, or provided material support for significant
activities undermining cybersecurity described in paragraph
(1).
(B) A description of the conduct engaged in by each person
identified under subparagraph (A).
(C) An assessment of the extent to which the Government of
Iran or another foreign government directed, facilitated, or
provided material support in the conduct of significant
activities undermining cybersecurity described in paragraph
(1).
(D) A strategy to counter efforts by persons to conduct
significant activities undermining cybersecurity described in
paragraph (1), including efforts to engage foreign
governments to halt the capability of persons to conduct
those activities described in paragraph (1).
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Designation of Persons.--
(1) In general.--Except as provided in paragraph (2), the
President shall include on the specially designated nationals
and blocked persons list maintained by the Office of Foreign
Assets Control of the Department of the Treasury--
(A) any person identified under subsection (a)(2)(A); and
(B) any person for which the Department of Justice has
issued an indictment in connection with significant
activities undermining cybersecurity against the Government
of the United States or any United States person.
(2) Exception.--The President is not required to include a
person described in paragraph (1)(A) or (1)(B) on the
specially designated nationals and blocked persons list
maintained by the Office of Foreign Assets Control of the
Department of the Treasury if the President submits to the
appropriate congressional committees an explanation of the
reasons for not including that person on that list.
(c) Sanctions Described.--The President shall use authority
provided in Executive Order 13694 (50 U.S.C. 1701 note;
relating to blocking property of persons certain persons
engaging in significant malicious cyber-enabled activities)
to impose sanctions against any person included on the
specially designated nationals and blocked persons list
maintained by the Office of Foreign Assets Control of the
Department of the Treasury pursuant to subsection (b).
(d) Presidential Briefings to Congress.--Not later than 180
days after the date of the enactment of this Act, and
periodically thereafter, the President shall provide a
briefing to the appropriate congressional committees on
efforts to implement this section.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Homeland Security, the Committee on Financial Services, and
the Committee on Ways and Means of the House of
Representatives.
(2) Significant activities undermining cybersecurity.--The
term ``significant activities undermining cybersecurity''
includes--
(A) significant efforts to--
(i) deny access to or degrade, disrupt, or destroy an
information and communications technology system or network;
or
(ii) exfiltrate information from such a system or network
without authorization;
(B) significant destructive malware attacks;
(C) significant denial of service activities; and
(D) such other significant activities as may be described
in regulations prescribed to implement this section.
(3) United states person.--The term ``United States
person'' means--
(A) an individual who is a citizen of the United States or
an alien lawfully admitted for permanent residence to the
United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any government entity in the United States, whether
Federal, State, or local.
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