[Congressional Record Volume 163, Number 100 (Tuesday, June 13, 2017)]
[Senate]
[Pages S3428-S3440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ORDER OF PROCEDURE
Mr. McCONNELL. Mr. President, I ask unanimous consent that the
McConnell second-degree amendment No. 233 be withdrawn; that the
pending cloture motion with respect to amendment No. 232 be withdrawn;
that the amendment be modified with the technical changes at the desk;
and that at 2 p.m., Wednesday, June 14, the Senate vote on adoption of
the McConnell for Crapo amendment No. 232, as modified, with no
intervening action or debate and no second-degree amendments in order
to amendment No. 232 prior to the vote; finally, that following leader
remarks on Wednesday, June 14, the time until 2 p.m. be equally divided
in the usual form.
The PRESIDING OFFICER. Is there objection?
Mr. SCHUMER. Mr. President, I will not object, but I reserve the
right to object.
First, I want to thank the majority leader, as well as Senators
Corker, Cardin, Crapo, and Brown. This is another example of how we can
work together on issues we agree on. I am very proud of this bill. I
think it will do a lot of good in both directions--in the Iran
direction and particularly in the Russia direction. The lack of trust
of Mr. Putin on both sides of the aisle here is paramount. Now this
says that these sanctions will stay in place unless Congress
disapproves them and adds some new sanctions--both good things. I hope
the House will pass the bill without change and send it to the
President's desk.
[[Page S3429]]
With that, I withdraw any objection and again thank the majority
leader for the cooperation we have had.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 232), as modified, is as follows:
On page 33, line 7, strike ``subsection (a)'' and insert
``subsection (b)''.
On page 33, line 15, strike ``subsection (a)'' and insert
``subsection (b)''.
On page 47, line 18, strike ``The President'' and insert
``Except as provided in subsection (b), the President''.
On page 47, line 22, insert ``(other than subsection (b))''
after ``this Act''.
At the end, add the following:
TITLE II--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION AND
COMBATING TERRORISM AND ILLICIT FINANCING
SEC. 201. SHORT TITLE.
This title may be cited as the ``Countering Russian
Influence in Europe and Eurasia Act of 2017''.
Subtitle A--Sanctions and Other Measures With Respect to the Russian
Federation
SEC. 211. FINDINGS.
Congress makes the following findings:
(1) On March 6, 2014, President Barack Obama issued
Executive Order 13660 (79 Fed. Reg. 13493; relating to
blocking property of certain persons contributing to the
situation in Ukraine), which authorizes the Secretary of the
Treasury, in consultation with the Secretary of State, to
impose sanctions on those determined to be undermining
democratic processes and institutions in Ukraine or
threatening the peace, security, stability, sovereignty, and
territorial integrity of Ukraine. President Obama
subsequently issued Executive Order 13661 (79 Fed. Reg.
15535; relating to blocking property of additional persons
contributing to the situation in Ukraine) and Executive Order
13662 (79 Fed. Reg. 16169; relating to blocking property of
additional persons contributing to the situation in Ukraine)
to expand sanctions on certain persons contributing to the
situation in Ukraine.
(2) On December 18, 2014, the Ukraine Freedom Support Act
of 2014 was enacted (Public Law 113-272; 22 U.S.C. 8921 et
seq.), which includes provisions directing the President to
impose sanctions on foreign persons that the President
determines to be entities owned or controlled by the
Government of the Russian Federation or nationals of the
Russian Federation that manufacture, sell, transfer, or
otherwise provide certain defense articles into Syria.
(3) On April 1, 2015, President Obama issued Executive
Order 13694 (80 Fed. Reg. 18077; relating to blocking the
property of certain persons engaging in significant malicious
cyber-enabled activities), which authorizes the Secretary of
the Treasury, in consultation with the Attorney General and
the Secretary of State, to impose sanctions on persons
determined to be engaged in malicious cyber-hacking.
(4) On July 26, 2016, President Obama approved a
Presidential Policy Directive on United States Cyber Incident
Coordination, which states, ``certain cyber incidents that
have significant impacts on an entity, our national security,
or the broader economy require a unique approach to response
efforts''.
(5) On December 29, 2016, President Obama issued an annex
to Executive Order 13694, which authorized sanctions on the
following entities and individuals:
(A) The Main Intelligence Directorate (also known as
Glavnoe Razvedyvatel'noe Upravlenie or the GRU) in Moscow,
Russian Federation.
(B) The Federal Security Service (also known as Federalnaya
Sluzhba Bezopasnosti or the FSB) in Moscow, Russian
Federation.
(C) The Special Technology Center (also known as STLC, Ltd.
Special Technology Center St. Petersburg) in St. Petersburg,
Russian Federation.
(D) Zorsecurity (also known as Esage Lab) in Moscow,
Russian Federation.
(E) The autonomous noncommercial organization known as the
Professional Association of Designers of Data Processing
Systems (also known as ANO PO KSI) in Moscow, Russian
Federation.
(F) Igor Valentinovich Korobov.
(G) Sergey Aleksandrovich Gizunov.
(H) Igor Olegovich Kostyukov.
(I) Vladimir Stepanovich Alexseyev.
(6) On January 6, 2017, an assessment of the United States
intelligence community entitled, ``Assessing Russian
Activities and Intentions in Recent U.S. Elections'' stated,
``Russian President Vladimir Putin ordered an influence
campaign in 2016 aimed at the United States presidential
election.'' The assessment warns that ``Moscow will apply
lessons learned from its Putin-ordered campaign aimed at the
U.S. Presidential election to future influence efforts
worldwide, including against U.S. allies and their election
processes''.
SEC. 212. SENSE OF CONGRESS.
It is the sense of Congress that the President--
(1) should engage to the fullest extent possible with
partner governments 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
(2) should 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 crisis in eastern Ukraine, cyber
intrusions and attacks, and human rights violators in the
Russian Federation.
PART I--CONGRESSIONAL REVIEW OF SANCTIONS IMPOSED WITH RESPECT TO THE
RUSSIAN FEDERATION
SEC. 215. SHORT TITLE.
The part may be cited as the ``Russia Sanctions Review Act
of 2017''.
SEC. 216. CONGRESSIONAL REVIEW OF CERTAIN ACTIONS RELATING TO
SANCTIONS IMPOSED WITH RESPECT TO THE RUSSIAN
FEDERATION.
(a) Submission to Congress of Proposed Action.--
(1) In general.--Notwithstanding any other provision of
law, before taking any action described in paragraph (2), the
President shall submit to the appropriate congressional
committees and leadership a report that describes the
proposed action and the reasons for that action.
(2) Actions described.--
(A) In general.--An action described in this paragraph is--
(i) an action to terminate the application of any sanctions
described in subparagraph (B);
(ii) with respect to sanctions described in subparagraph
(B) imposed by the President with respect to a person, an
action to waive the application of those sanctions with
respect to that person; or
(iii) a licensing action that significantly alters United
States' foreign policy with regard to the Russian Federation.
(B) Sanctions described.--The sanctions described in this
subparagraph are--
(i) sanctions provided for under--
(I) this title or any provision of law amended by this
title, including the Executive Orders codified under section
222;
(II) the Support for the Sovereignty, Integrity, Democracy,
and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8901
et seq.); or
(III) the Ukraine Freedom Support Act of 2014 (22 U.S.C.
8921 et seq.); and
(ii) the prohibition on access to the properties of the
Government of the Russian Federation located in Maryland and
New York that the President ordered vacated on December 29,
2016.
(3) Description of type of action.--Each report submitted
under paragraph (1) with respect to an action described in
paragraph (2) shall include a description of whether the
action--
(A) is not intended to significantly alter United States'
foreign policy with regard to the Russian Federation; or
(B) is intended to significantly alter United States'
foreign policy with regard to the Russian Federation.
(4) Inclusion of additional matter.--
(A) In general.--Each report submitted under paragraph (1)
that relates to an action that is intended to achieve a
reciprocal diplomatic outcome shall include a description
of--
(i) the anticipated reciprocal diplomatic outcome;
(ii) the anticipated effect of the action on the national
security interests of the United States; and
(iii) the policy objectives for which the sanctions
affected by the action were initially imposed.
(B) Requests from banking and financial services
committees.--The Committee on Banking, Housing, and Urban
Affairs of the Senate or the Committee on Financial Services
of the House of Representatives may request the submission to
the Committee of the matter described in clauses (ii) and
(iii) of subparagraph (A) with respect to a report submitted
under paragraph (1) that relates to an action that is not
intended to achieve a reciprocal diplomatic outcome.
(b) Period for Review by Congress.--
(1) In general.--During the period of 30 calendar days
beginning on the date on which the President submits a report
under subsection (a)(1)--
(A) in the case of a report that relates to an action that
is not intended to achieve a reciprocal diplomatic outcome,
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives should, as appropriate, hold hearings and
briefings and otherwise obtain information in order to fully
review the report; and
(B) in the case of a report that relates to an action that
is intended to achieve a reciprocal diplomatic outcome, the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
should, as appropriate, hold hearings and briefings and
otherwise obtain information in order to fully review the
report.
(2) Exception.--The period for congressional review under
paragraph (1) of a report required to be submitted under
subsection (a)(1) shall be 60 calendar days if the report is
submitted on or after July 10 and on or before September 7 in
any calendar year.
(3) Limitation on actions during initial congressional
review period.--Notwithstanding any other provision of law,
during the period for congressional review provided for under
paragraph (1) of a report submitted under subsection (a)(1)
proposing an action described in subsection (a)(2), including
any
[[Page S3430]]
additional period for such review as applicable under the
exception provided in paragraph (2), the President may not
take that action unless a joint resolution of approval with
respect to that action is enacted in accordance with
subsection (c).
(4) Limitation on actions during presidential consideration
of a joint resolution of disapproval.--Notwithstanding any
other provision of law, if a joint resolution of disapproval
relating to a report submitted under subsection (a)(1)
proposing an action described in subsection (a)(2) passes
both Houses of Congress in accordance with subsection (c),
the President may not take that action for a period of 12
calendar days after the date of passage of the joint
resolution of disapproval.
(5) Limitation on actions during congressional
reconsideration of a joint resolution of disapproval.--
Notwithstanding any other provision of law, if a joint
resolution of disapproval relating to a report submitted
under subsection (a)(1) proposing an action described in
subsection (a)(2) passes both Houses of Congress in
accordance with subsection (c), and the President vetoes the
joint resolution, the President may not take that action for
a period of 10 calendar days after the date of the
President's veto.
(6) Effect of enactment of a joint resolution of
disapproval.--Notwithstanding any other provision of law, if
a joint resolution of disapproval relating to a report
submitted under subsection (a)(1) proposing an action
described in subsection (a)(2) is enacted in accordance with
subsection (c), the President may not take that action.
(c) Joint Resolutions of Disapproval or Approval Defined.--
In this subsection:
(1) Joint resolution of approval.--The term ``joint
resolution of approval'' means only a joint resolution of
either House of Congress--
(A) the title of which is as follows: ``A joint resolution
approving the President's proposal to take an action relating
to the application of certain sanctions with respect to the
Russian Federation.''; and
(B) the sole matter after the resolving clause of which is
the following: ``Congress approves of the action relating to
the application of sanctions imposed with respect to the
Russian Federation proposed by the President in the report
submitted to Congress under section 216(a)(1) of the Russia
Sanctions Review Act of 2017 on _______ relating to
________.'', with the first blank space being filled with the
appropriate date and the second blank space being filled with
a short description of the proposed action.
(2) Joint resolution of disapproval.--The term ``joint
resolution of disapproval'' means only a joint resolution of
either House of Congress--
(A) the title of which is as follows: ``A joint resolution
disapproving the President's proposal to take an action
relating to the application of certain sanctions with respect
to the Russian Federation.''; and
(B) the sole matter after the resolving clause of which is
the following: ``Congress disapproves of the action relating
to the application of sanctions imposed with respect to the
Russian Federation proposed by the President in the report
submitted to Congress under section 216(a)(1) of the Russia
Sanctions Review Act of 2017 on _______ relating to
________.'', with the first blank space being filled with the
appropriate date and the second blank space being filled with
a short description of the proposed action.
(3) Introduction.--During the period of 30 calendar days
provided for under subsection (b)(1), including any
additional period as applicable under the exception provided
in subsection (b)(2), a joint resolution of approval or joint
resolution of disapproval may be introduced--
(A) in the House of Representatives, by the majority leader
or the minority leader; and
(B) in the Senate, by the majority leader (or the majority
leader's designee) or the minority leader (or the minority
leader's designee).
(4) Floor consideration in house of representatives.--
(A) Reporting and discharge.--If a committee of the House
of Representatives to which a joint resolution of approval or
joint resolution of disapproval has been referred has not
reported the joint resolution within 10 calendar days after
the date of referral, that committee shall be discharged from
further consideration of the joint resolution.
(B) Proceeding to consideration.--Beginning on the third
legislative day after each committee to which a joint
resolution of approval or joint resolution of disapproval has
been referred reports the joint resolution to the House or
has been discharged from further consideration of the joint
resolution, it shall be in order to move to proceed to
consider the joint resolution in the House. All points of
order against the motion are waived. Such a motion shall not
be in order after the House has disposed of a motion to
proceed on the joint resolution. The previous question shall
be considered as ordered on the motion to its adoption
without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
(C) Consideration.--The joint resolution of approval or
joint resolution of disapproval shall be considered as read.
All points of order against the joint resolution and against
its consideration are waived. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except 2 hours of debate
equally divided and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A motion to
reconsider the vote on passage of the joint resolution shall
not be in order.
(5) Consideration in the senate.--
(A) Committee referral.--A joint resolution of approval or
joint resolution of disapproval introduced in the Senate
shall be--
(i) referred to the Committee on Banking, Housing, and
Urban Affairs if the joint resolution relates to a report
under section 216A3 that is described as an action that is
not intended to significantly alter United States foreign
policy with regard to the Russian Federation, and
(ii) referred to the Committee on Foreign Relations if the
joint resolution relates to a report under section 216A3 that
is described as an action that is intended to significantly
alter United States foreign policy with respect to the
Russian Federation.
(B) Reporting and discharge.--If the committee to which a
joint resolution of approval or joint resolution of
disapproval was referred has not reported the joint
resolution within 10 calendar days after the date of referral
of the joint resolution, that committee shall be discharged
from further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate calendar.
(C) Proceeding to consideration.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order at any
time after the Committee on Banking, Housing, and Urban
Affairs or the Committee on Foreign Relations, as the case
may be, reports a joint resolution of approval or joint
resolution of disapproval to the Senate or has been
discharged from consideration of such a joint resolution
(even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
joint resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to postpone.
A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
(D) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to a joint resolution of approval or joint
resolution of disapproval shall be decided without debate.
(E) Consideration of veto messages.--Debate in the Senate
of any veto message with respect to a joint resolution of
approval or joint resolution of disapproval, including all
debatable motions and appeals in connection with the joint
resolution, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and
the minority leader or their designees.
(6) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of approval or
joint resolution of disapproval of that House, that House
receives an identical joint resolution from the other House,
the following procedures shall apply:
(i) The joint resolution of the other House shall not be
referred to a committee.
(ii) With respect to the joint resolution of the House
receiving the joint resolution from the other House--
(I) the procedure in that House shall be the same as if no
joint resolution had been received from the other House; but
(II) the vote on passage shall be on the joint resolution
of the other House.
(B) Treatment of a joint resolution of other house.--If one
House fails to introduce a joint resolution of approval or
joint resolution of disapproval, a joint resolution of
approval or joint resolution of disapproval of the other
House shall be entitled to expedited procedures in that House
under this subsection.
(C) Treatment of house joint resolution in senate.--If,
following passage of a joint resolution of approval or joint
resolution of disapproval in the Senate, the Senate receives
an identical joint resolution from the House of
Representatives, that joint resolution shall be placed on the
appropriate Senate calendar.
(D) Application to revenue measures.--The provisions of
this paragraph shall not apply in the House of
Representatives to a joint resolution of approval or joint
resolution of disapproval that is a revenue measure.
(7) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
but applicable only with respect to the procedure to be
followed in that House in the case of a joint resolution of
approval or joint resolution of disapproval, and supersedes
other rules only to the extent that it is inconsistent with
such rules; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
[[Page S3431]]
(d) Appropriate Congressional Committees and Leadership
Defined.--In this section, the term ``appropriate
congressional committees and leadership'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the majority and
minority leaders of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Speaker, the majority leader, and
the minority leader of the House of Representatives.
PART II--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
SEC. 221. DEFINITIONS.
In this part:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, 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) Good.--The term ``good'' has the meaning given that
term in section 16 of the Export Administration Act of 1979
(50 U.S.C. 4618) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.)).
(3) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Person.--The term ``person'' means an individual or
entity.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 222. CODIFICATION OF SANCTIONS RELATING TO THE RUSSIAN
FEDERATION.
(a) Codification.--United States sanctions provided for in
Executive Order 13660 (79 Fed. Reg. 13493; relating to
blocking property of certain persons contributing to the
situation in Ukraine), Executive Order 13661 (79 Fed. Reg.
15535; relating to blocking property of additional persons
contributing to the situation in Ukraine), Executive Order
13662 (79 Fed. Reg. 16169; relating to blocking property of
additional persons contributing to the situation in Ukraine),
Executive Order 13685 (79 Fed. Reg. 77357; relating to
blocking property of certain persons and prohibiting certain
transactions with respect to the Crimea region of Ukraine),
Executive Order 13694 (80 Fed. Reg. 18077; relating to
blocking the property of certain persons engaging in
significant malicious cyber-enabled activities), and
Executive Order 13757 (82 Fed. Reg. 1; relating to taking
additional steps to address the national emergency with
respect to significant malicious cyber-enabled activities),
as in effect on the day before the date of the enactment of
this Act, including with respect to all persons sanctioned
under such Executive Orders, shall remain in effect except as
provided in subsection (b).
(b) Termination of Certain Sanctions.--Subject to section
216, the President may terminate the application of sanctions
described in subsection (a) that are imposed on a person in
connection with activity conducted by the person if the
President submits to the appropriate congressional committees
a notice that--
(1) the person is not engaging in the activity that was the
basis for the sanctions or has taken significant verifiable
steps toward stopping the activity; and
(2) the President has received reliable assurances that the
person will not knowingly engage in activity subject to
sanctions described in subsection (a) in the future.
(c) Application of New Cyber Sanctions.--The President may
waive the initial application under subsection (a) of
sanctions with respect to a person under Executive Order
13694 or 13757 only if the President submits to the
appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of the
United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation has made significant efforts to reduce the number
and intensity of cyber intrusions conducted by that
Government.
(d) Application of New Ukraine-related Sanctions.--The
President may waive the initial application under subsection
(a) of sanctions with respect to a person under Executive
Order 13660, 13661, 13662, or 13685 only if the President
submits to the appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of the
United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation is taking steps to implement the Minsk Agreement
to address the ongoing conflict in eastern Ukraine, signed in
Minsk, Belarus, on February 11, 2015, by the leaders of
Ukraine, Russia, France, and Germany, the Minsk Protocol,
which was agreed to on September 5, 2014, and any successor
agreements that are agreed to by the Government of Ukraine.
SEC. 223. MODIFICATION OF IMPLEMENTATION OF EXECUTIVE ORDER
13662.
(a) Determination That Certain Entities Are Subject to
Sanctions.--The Secretary of the Treasury may determine that
a person meets one or more of the criteria in section 1(a) of
Executive Order 13662 if that person is a state-owned entity
operating in the railway, shipping, or metals and mining
sector of the economy of the Russian Federation.
(b) Modification of Directive 1 With Respect to the
Financial Services Sector of the Russian Federation
Economy.--The Director of the Office of Foreign Assets
Control shall modify Directive 1 (as amended), dated
September 12, 2014, issued by the Office of Foreign Assets
Control under Executive Order 13662, or any successor
directive, to ensure that the directive prohibits the conduct
by United States persons or persons within the United States
of all transactions in, provision of financing for, and other
dealings in new debt of longer than 14 days maturity or new
equity of persons determined to be subject to the directive,
their property, or their interests in property.
(c) Modification of Directive 2 With Respect to the Energy
Sector of the Russian Federation Economy.--The Director of
the Office of Foreign Assets Control shall modify Directive 2
(as amended), dated September 12, 2014, issued by the Office
of Foreign Assets Control under Executive Order 13662, or any
successor directive, to ensure that the directive prohibits
the conduct by United States persons or persons within the
United States of all transactions in, provision of financing
for, and other dealings in new debt of longer than 30 days
maturity of persons determined to be subject to the
directive, their property, or their interests in property.
(d) Modification of Directive 4.--The Director of the
Office of Foreign Assets Control shall modify Directive 4,
dated September 12, 2014, issued by the Office of Foreign
Assets Control under Executive Order 13662, or any successor
directive, to ensure that the directive prohibits the
provision, exportation, or reexportation, directly or
indirectly, by United States persons or persons within the
United States, of goods, services (except for financial
services), or technology in support of exploration or
production for deepwater, Arctic offshore, or shale
projects--
(1) that have the potential to produce oil;
(2) in which a Russian energy firm is involved; and
(3) that involve any person determined to be subject to the
directive or the property or interests in property of such a
person.
SEC. 224. IMPOSITION OF SANCTIONS WITH RESPECT TO ACTIVITIES
OF THE RUSSIAN FEDERATION UNDERMINING
CYBERSECURITY.
(a) In General.--On and after the date that is 60 days
after the date of the enactment of this Act, the President
shall--
(1) impose the sanctions described in subsection (b) with
respect to any person that the President determines--
(A) knowingly engages in significant activities undermining
cybersecurity against any person, including a democratic
institution, or government on behalf of the Government of the
Russian Federation; or
(B) is owned or controlled by, or acts or purports to act
for or on behalf of, directly or indirectly, a person
described in subparagraph (A);
(2) impose 5 or more of the sanctions described in section
235 with respect to any person that the President determines
knowingly materially assists, sponsors, or provides
financial, material, or technological support for, or goods
or services (except financial services) in support of, an
activity described in paragraph (1)(A); and
(3) impose 3 or more of the sanctions described in section
4(c) of the of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8923(c)) with respect to any person that the President
determines knowingly provides financial services in support
of an activity described in paragraph (1)(A).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Asset blocking.--The exercise of 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 a person determined by the President to be
subject to subsection (a)(1) 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.
(2) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined
by the President to be subject to subsection (a)(1), denial
of a visa to, and exclusion from the United States of, the
alien, and revocation in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)), of
any visa or other documentation of the alien.
(c) Application of New Cyber Sanctions.--The President may
waive the initial application under subsection (a) of
sanctions with respect to a person only if the President
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submits to the appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of the
United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation has made significant efforts to reduce the number
and intensity of cyber intrusions conducted by that
Government.
(d) Significant Activities Undermining Cybersecurity
Defined.--In this section, the term ``significant activities
undermining cybersecurity'' includes--
(1) significant efforts--
(A) to deny access to or degrade, disrupt, or destroy an
information and communications technology system or network;
or
(B) to exfiltrate, degrade, corrupt, destroy, or release
information from such a system or network without
authorization for purposes of--
(i) conducting influence operations; or
(ii) causing a significant misappropriation of funds,
economic resources, trade secrets, personal identifications,
or financial information for commercial or competitive
advantage or private financial gain;
(2) significant destructive malware attacks; and
(3) significant denial of service activities.
SEC. 225. IMPOSITION OF SANCTIONS RELATING TO SPECIAL RUSSIAN
CRUDE OIL PROJECTS.
Section 4(b)(1) of the Ukraine Freedom Support Act of 2014
(22 U.S.C. 8923(b)(1)) is amended by striking ``on and after
the date that is 45 days after the date of the enactment of
this Act, the President may impose'' and inserting ``on and
after the date that is 30 days after the date of the
enactment of the Countering Russian Influence in Europe and
Eurasia Act of 2017, the President shall impose, unless the
President determines that it is not in the national interest
of the United States to do so,''.
SEC. 226. IMPOSITION OF SANCTIONS WITH RESPECT TO RUSSIAN AND
OTHER FOREIGN FINANCIAL INSTITUTIONS.
Section 5 of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8924) is amended--
(1) in subsection (a)--
(A) by striking ``may impose'' and inserting ``shall
impose, unless the President determines that it is not in the
national interest of the United States to do so,''; and
(B) by striking ``on or after the date of the enactment of
this Act'' and inserting ``on or after the date of the
enactment of the Countering Russian Influence in Europe and
Eurasia Act of 2017''; and
(2) in subsection (b)--
(A) by striking ``may impose'' and inserting ``shall
impose, unless the President determines that it is not in the
national interest of the United States to do so,''; and
(B) by striking ``on or after the date that is 180 days
after the date of the enactment of this Act'' and inserting
``on or after the date that is 30 days after the date of the
enactment of the Countering Russian Influence in Europe and
Eurasia Act of 2017''.
SEC. 227. MANDATORY IMPOSITION OF SANCTIONS WITH RESPECT TO
SIGNIFICANT CORRUPTION IN THE RUSSIAN
FEDERATION.
Section 9 of the Sovereignty, Integrity, Democracy, and
Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8908(a))
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``is
authorized and encouraged to'' and inserting ``shall''; and
(B) in paragraph (1)--
(i) by striking ``President determines is'' and inserting
``President determines is, on or after the date of the
enactment of the Countering Russian Influence in Europe and
Eurasia Act of 2017,''; and
(ii) by inserting ``or elsewhere'' after ``in the Russian
Federation'';
(2) by redesignating subsection (d) as subsection (e);
(3) in subsection (c), by striking ``The President'' and
inserting ``except as provided in subsection (d), the
President''; and
(4) by inserting after subsection (c) the following:
``(d) Application of New Sanctions.--The President may
waive the initial application of sanctions under subsection
(b) with respect to a person only if the President submits to
the appropriate congressional committees--
``(1) a written determination that the waiver--
``(A) is in the vital national security interests of the
United States; or
``(B) will further the enforcement of this Act; and
``(2) a certification that the Government of the Russian
Federation is taking steps to implement the Minsk Agreement
to address the ongoing conflict in eastern Ukraine, signed in
Minsk, Belarus, on February 11, 2015, by the leaders of
Ukraine, Russia, France, and Germany, the Minsk Protocol,
which was agreed to on September 5, 2014, and any successor
agreements that are agreed to by the Government of
Ukraine.''.
SEC. 228. MANDATORY IMPOSITION OF SANCTIONS WITH RESPECT TO
CERTAIN TRANSACTIONS WITH FOREIGN SANCTIONS
EVADERS AND SERIOUS HUMAN RIGHTS ABUSERS IN THE
RUSSIAN FEDERATION.
(a) In General.--The Support for the Sovereignty,
Integrity, Democracy, and Economic Stability of Ukraine Act
of 2014 (22 U.S.C. 8901 et seq.) is amended by adding at the
end the following:
``SEC. 10. MANDATORY IMPOSITION OF SANCTIONS WITH RESPECT TO
CERTAIN TRANSACTIONS WITH PERSONS THAT EVADE
SANCTIONS IMPOSED WITH RESPECT TO THE RUSSIAN
FEDERATION.
``(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to a foreign person
if the President determines that the foreign person
knowingly, on or after the date of the enactment of the
Countering Russian Influence in Europe and Eurasia Act of
2017--
``(1) materially violates, attempts to violate, conspires
to violate, or causes a violation of any license, order,
regulation, or prohibition contained in or issued pursuant to
any covered Executive order; or
``(2) facilitates significant 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) Sanctions Described.--The sanctions described in this
subsection are the exercise of 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 a person determined by the President to be
subject to subsection (a) 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.
``(c) Implementation; Penalties.--
``(1) 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 subsection (b).
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b) or any regulation, license, or order issued to
carry out subsection (b) 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.
``(d) Application of New Sanctions.--The President may
waive the initial application of sanctions under subsection
(b) with respect to a person only if the President submits to
the appropriate congressional committees--
``(1) a written determination that the waiver--
``(A) is in the vital national security interests of the
United States; or
``(B) will further the enforcement of this Act;
``(2) in the case of sanctions imposed under this section
in connection with a covered Executive order described in
subparagraph (A), (B), (C), or (D) of subsection (f)(1), a
certification that the Government of the Russian Federation
is taking steps to implement the Minsk Agreement to address
the ongoing conflict in eastern Ukraine, signed in Minsk,
Belarus, on February 11, 2015, by the leaders of Ukraine,
Russia, France, and Germany, the Minsk Protocol, which was
agreed to on September 5, 2014, and any successor agreements
that are agreed to by the Government of Ukraine; and
``(3) in the case of sanctions imposed under this section
in connection with a covered Executive order described in
subparagraphs (E) or (F) of subsection (f)(1), a
certification that the Government of the Russian Federation
has made significant efforts to reduce the number and
intensity of cyber intrusions conducted by that Government.
``(e) Termination.--Subject to section 216 of the Russia
Sanctions Review Act of 2017, the President may terminate the
application of sanctions under subsection (b) with respect to
a person if the President submits to the appropriate
congressional committees--
``(1) a notice of and justification for the termination;
and
``(2) a notice that--
``(A) the person is not engaging in the activity that was
the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity; and
``(B) the President has received reliable assurances that
the person will not knowingly engage in activity subject to
sanctions under subsection (a) in the future.
``(f) Definitions.--In this section:
``(1) Covered executive order.--The term `covered Executive
order' means any of the following:
``(A) Executive Order 13660 (79 Fed. Reg. 13493; relating
to blocking property of certain persons contributing to the
situation in Ukraine).
``(B) Executive Order 13661 (79 Fed. Reg. 15535; relating
to blocking property of additional persons contributing to
the situation in Ukraine).
``(C) Executive Order 13662 (79 Fed. Reg. 16169; relating
to blocking property of additional persons contributing to
the situation in Ukraine).
``(D) Executive Order 13685 (79 Fed. Reg. 77357; relating
to blocking property of certain persons and prohibiting
certain transactions with respect to the Crimea region of
Ukraine).
``(E) Executive Order 13694 (80 Fed. Reg. 18077; relating
to blocking the property of
[[Page S3433]]
certain persons engaging in significant malicious cyber-
enabled activities).
``(F) Executive Order 13757 (82 Fed. Reg. 1; relating to
taking additional steps to address the national emergency
with respect to significant malicious cyber-enabled
activities).
``(2) Foreign person.--The term `foreign person' has the
meaning given such term in section 595.304 of title 31, Code
of Federal Regulations (as in effect on the date of the
enactment of the Countering Russian Influence in Europe and
Eurasia Act of 2017).
``(3) Structured.--The term `structured', with respect to a
transaction, has the meaning given the term `structure' in
paragraph (xx) of section 1010.100 of title 31, Code of
Federal Regulations (or any corresponding similar regulation
or ruling).
``SEC. 11. MANDATORY IMPOSITION OF SANCTIONS WITH RESPECT TO
TRANSACTIONS WITH PERSONS RESPONSIBLE FOR HUMAN
RIGHTS ABUSES.
``(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to a foreign person
if the President determines that the foreign person, based on
credible information, on or after the date of the enactment
of the Countering Russian Influence in Europe and Eurasia Act
of 2017--
``(1) is responsible for, complicit in, or responsible for
ordering, controlling, or otherwise directing, the commission
of serious human rights abuses in any territory forcibly
occupied or otherwise controlled by the Government of the
Russian Federation;
``(2) materially assists, sponsors, or provides financial,
material, or technological support for, or goods or services
to, a foreign person described in paragraph (1); or
``(3) is owned or controlled by, or acts or purports to act
for or on behalf of, directly or indirectly, a foreign person
described in paragraph (1).
``(b) Sanctions Described.--
``(1) Asset blocking.--The exercise of 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 a person determined by the President
to be subject to subsection (a) 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.
``(2) Exclusion from the united states and revocation of
visa or other documentation.--In the case of an alien
determined by the President to be subject to subsection (a),
denial of a visa to, and exclusion from the United States of,
the alien, and revocation in accordance with section 221(i)
of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of
any visa or other documentation of the alien.
``(c) Application of New Sanctions.--The President may
waive the initial application of sanctions under subsection
(b) with respect to a person only if the President submits to
the appropriate congressional committees--
``(1) a written determination that the waiver--
``(A) is in the vital national security interests of the
United States; or
``(B) will further the enforcement of this Act; and
``(2) a certification that the Government of the Russian
Federation has made efforts to reduce serious human rights
abuses in territory forcibly occupied or otherwise controlled
by that Government.
``(d) Implementation; Penalties.--
``(1) 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 subsection (b)(1).
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out subsection (b)(1) 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) Termination.--Subject to section 216 of the Russia
Sanctions Review Act of 2017, the President may terminate the
application of sanctions under subsection (b) with respect to
a person if the President submits to the appropriate
congressional committees--
``(1) a notice of and justification for the termination;
and
``(2) a notice--
``(A) that--
``(i) the person is not engaging in the activity that was
the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity; and
``(ii) the President has received reliable assurances that
the person will not knowingly engage in activity subject to
sanctions under subsection (a) in the future; or
``(B) that the President determines that insufficient basis
exists for the determination by the President under
subsection (a) with respect to the person.''.
(b) Definition of Appropriate Congressional Committees.--
Section 2(2) of the Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014 (22
U.S.C. 8901(2)) is amended--
(1) in subparagraph (A), by inserting ``the Committee on
Banking, Housing, and Urban Affairs,'' before ``the Committee
on Foreign Relations''; and
(2) in subparagraph (B), by inserting ``the Committee on
Financial Services'' before ``the Committee on Foreign
Affairs''.
SEC. 229. NOTIFICATIONS TO CONGRESS UNDER UKRAINE FREEDOM
SUPPORT ACT OF 2014.
(a) Sanctions Relating to Defense and Energy Sectors of the
Russian Federation.--Section 4 of the Ukraine Freedom Support
Act of 2014 (22 U.S.C. 8923) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(2) by inserting after subsection (f) the following:
``(g) Notifications and Certifications to Congress.--
``(1) Imposition of sanctions.--The President shall notify
the appropriate congressional committees in writing not later
than 15 days after imposing sanctions with respect to a
foreign person under subsection (a) or (b).
``(2) Termination of sanctions with respect to russian
producers, transferors, or brokers of defense articles.--
Subject to section 216 of the Russia Sanctions Review Act of
2017, the President may terminate the imposition of sanctions
under subsection (a)(2) with respect to a foreign person if
the President submits to the appropriate congressional
committees--
``(A) a notice of and justification for the termination;
and
``(B) a notice that--
``(i) the foreign person is not engaging in the activity
that was the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity; and
``(ii) the President has received reliable assurances that
the foreign person will not knowingly engage in activity
subject to sanctions under subsection (a)(2) in the
future.''; and
(3) in subparagraph (B)(ii) of subsection (a)(3), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(b) Sanctions on Russian and Other Foreign Financial
Institutions.--Section 5 of the Ukraine Freedom Support Act
of 2014 (22 U.S.C. 8924) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(2) by inserting after subsection (d) the following:
``(e) Notification to Congress on Imposition of
Sanctions.--The President shall notify the appropriate
congressional committees in writing not later than 15 days
after imposing sanctions with respect to a foreign financial
institution under subsection (a) or (b).''; and
(3) in subsection (g), as redesignated by paragraph (1), by
striking ``section 4(h)'' and inserting ``section 4(i)''.
SEC. 230. STANDARDS FOR TERMINATION OF CERTAIN SANCTIONS WITH
RESPECT TO THE RUSSIAN FEDERATION.
(a) Sanctions Relating to Undermining the Peace, Security,
Stability, Sovereignty, or Territorial Integrity of
Ukraine.--Section 8 of the Sovereignty, Integrity, Democracy,
and Economic Stability of Ukraine Act of 2014 (22 U.S.C.
8907) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Termination.--Subject to section 216 of the Russia
Sanctions Review Act of 2017, the President may terminate the
application of sanctions under subsection (b) with respect to
a person if the President submits to the appropriate
congressional committees a notice that--
``(1) the person is not engaging in the activity that was
the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity; and
``(2) the President has received reliable assurances that
the person will not knowingly engage in activity subject to
sanctions under subsection (a) in the future.''.
(b) Sanctions Relating to Corruption.--Section 9 of the
Sovereignty, Integrity, Democracy, and Economic Stability of
Ukraine Act of 2014 (22 U.S.C. 8908) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Termination.--Subject to section 216 of the Russia
Sanctions Review Act of 2017, the President may terminate the
application of sanctions under subsection (b) with respect to
a person if the President submits to the appropriate
congressional committees a notice that--
``(1) the person is not engaging in the activity that was
the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity; and
``(2) the President has received reliable assurances that
the person will not knowingly engage in activity subject to
sanctions under subsection (a) in the future.''.
SEC. 231. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
ENGAGING IN TRANSACTIONS WITH THE INTELLIGENCE
OR DEFENSE SECTORS OF THE GOVERNMENT OF THE
RUSSIAN FEDERATION.
(a) In General.--On and after the date that is 180 days
after the date of the enactment of this Act, the President
shall impose 5 or more of the sanctions described in section
235 with respect to a person the President determines
knowingly, on or after such date of enactment, engages in a
significant
[[Page S3434]]
transaction with a person that is part of, or operates for or
on behalf of, the defense or intelligence sectors of the
Government of the Russian Federation, including the Main
Intelligence Agency of the General Staff of the Armed Forces
of the Russian Federation or the Federal Security Service of
the Russian Federation.
(b) Application of New Sanctions.--The President may waive
the initial application of sanctions under subsection (a)
with respect to a person only if the President submits to the
appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of the
United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation has made significant efforts to reduce the number
and intensity of cyber intrusions conducted by that
Government.
SEC. 232. SANCTIONS WITH RESPECT TO THE DEVELOPMENT OF
PIPELINES IN THE RUSSIAN FEDERATION.
(a) In General.--The President may impose 5 or more of the
sanctions described in section 235 with respect to a person
if the President determines that the person knowingly, on or
after the date of the enactment of this Act, makes an
investment described in subsection (b) or sells, leases, or
provides to the Russian Federation, for the construction of
Russian energy export pipelines, goods, services, technology,
information, or support described in subsection (c)--
(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) Investment Described.--An investment described in this
subsection is an investment that directly and significantly
contributes to the enhancement of the ability of the Russian
Federation to construct energy export pipelines.
(c) Goods, Services, Technology, Information, or Support
Described.--Goods, services, technology, information, or
support described in this subsection are goods, services,
technology, information, or support that could directly and
significantly facilitate the maintenance or expansion of the
construction, modernization, or repair of energy pipelines by
the Russian Federation.
SEC. 233. SANCTIONS WITH RESPECT TO INVESTMENT IN OR
FACILITATION OF PRIVATIZATION OF STATE-OWNED
ASSETS BY THE RUSSIAN FEDERATION.
(a) In General.--The President shall impose 5 or more of
the sanctions described in section 235 if the President
determines that a person, with actual knowledge, on or after
the date of the enactment of this Act, makes 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) Application of New Sanctions.--The President may waive
the initial application of sanctions under subsection (a)
with respect to a person only if the President submits to the
appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of the
United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation is taking steps to implement the Minsk Agreement
to address the ongoing conflict in eastern Ukraine, signed in
Minsk, Belarus, on February 11, 2015, by the leaders of
Ukraine, Russia, France, and Germany, the Minsk Protocol,
which was agreed to on September 5, 2014, and any successor
agreements that are agreed to by the Government of Ukraine.
SEC. 234. SANCTIONS WITH RESPECT TO THE TRANSFER OF ARMS AND
RELATED MATERIEL TO SYRIA.
(a) Imposition of Sanctions.--
(1) In general.--The President shall impose on a foreign
person the sanctions described in subsection (b) if the
President determines that such foreign person has, on or
after the date of the enactment of this Act, knowingly
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--
(A) acquire or develop chemical, biological, or nuclear
weapons or related technologies;
(B) acquire or develop ballistic or cruise missile
capabilities;
(C) acquire or develop destabilizing numbers and types of
advanced conventional weapons;
(D) 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
(E) 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)).
(2) Applicability to other foreign persons.--The sanctions
described in subsection (b) shall also be imposed on any
foreign person that--
(A) is a successor entity to a foreign person described in
paragraph (1); or
(B) is owned or controlled by, or has acted for or on
behalf of, a foreign person described in paragraph (1).
(b) Sanctions Described.--The sanctions to be imposed on a
foreign person described in subsection (a) are the following:
(1) Blocking of property.--The President shall exercise all
powers granted by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) (except that the requirements of
section 202 of such Act (50 U.S.C. 1701) shall not apply) to
the extent necessary to block and prohibit all transactions
in all property and interests in property of the foreign
person 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.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Exclusion from the united states.--If the foreign
person is an individual, the Secretary of State shall deny a
visa to, and the Secretary of Homeland Security shall exclude
from the United States, the foreign person.
(B) Current visas revoked.--
(i) In general.--The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or
a designee of one of such Secretaries) shall revoke any visa
or other entry documentation issued to the foreign person
regardless of when issued.
(ii) Effect of revocation.--A revocation under clause (i)
shall take effect immediately and shall automatically cancel
any other valid visa or entry documentation that is in the
possession of the foreign person.
(c) Waiver.--Subject to section 216, the President may
waive the application of sanctions under subsection (b) with
respect to a person if the President determines that such a
waiver is in the national security interest of the United
States.
(d) Definitions.--In this section:
(1) Financial, material, or technological support.--The
term ``financial, material, or technological support'' has
the meaning given such term in section 542.304 of title 31,
Code of Federal Regulations (or any corresponding similar
regulation or ruling).
(2) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 594.304 of title 31, Code
of Federal Regulations (or any corresponding similar
regulation or ruling).
(3) Syria.--The term ``Syria'' has the meaning given such
term in section 542.316 of title 31, Code of Federal
Regulations (or any corresponding similar regulation or
ruling).
SEC. 235. SANCTIONS DESCRIBED.
(a) Sanctions Described.--The sanctions to be imposed with
respect to a person under section 224(a)(2), 231(b), 232(a),
or 233(a) are the following:
(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of
the United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation
in the extension of credit in connection with the export of
any goods or services to the sanctioned person.
(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not
to grant any other specific permission or authority to export
any goods or technology to the sanctioned person under--
(A) the Export Administration Act of 1979 (50 U.S.C. 4601
et seq.) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.));
(B) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
or
(D) any other statute that requires the prior review and
approval of the United States Government as a condition for
the export or reexport of goods or services.
(3) Loans from united states financial institutions.--The
President may prohibit any United States financial
institution from making loans or providing credits to the
sanctioned person totaling more than $10,000,000 in any 12-
month period unless the person is engaged in activities to
relieve human suffering and the loans or credits are provided
for such activities.
(4) Loans from international financial institutions.--The
President may direct the United States executive director to
each international financial institution to use the voice and
vote of the United States to oppose any loan from the
international financial institution that would benefit the
sanctioned person.
(5) Prohibitions on financial institutions.--The following
prohibitions may be imposed against the sanctioned person if
that person is a financial institution:
(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the financial
institution as a primary dealer in United States Government
debt instruments.
(B) Prohibition on service as a repository of government
funds.--The financial institution may not serve as agent of
the
[[Page S3435]]
United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or
(B) shall be treated as 1 sanction for purposes of subsection
(b), and the imposition of both such sanctions shall be
treated as 2 sanctions for purposes of subsection (b)
(6) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement
of, any goods or services from the sanctioned person.
(7) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned
person has any interest.
(8) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the sanctioned person.
(9) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, transporting, importing, or exporting any
property that is subject to the jurisdiction of the United
States and with respect to which the sanctioned person has
any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(10) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any
United States person from investing in or purchasing
significant amounts of equity or debt instruments of the
sanctioned person.
(11) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, the sanctioned person.
(12) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the sanctioned person, or on persons performing
similar functions and with similar authorities as such
officer or officers, any of the sanctions under this
subsection.
(b) Sanctioned Person Defined.--In this section, the term
``sanctioned person'' means a person subject to sanctions
under section 224(a)(2), 231(b), 232(a), or 233(a).
SEC. 236. EXCEPTIONS, WAIVER, AND TERMINATION.
(a) Exceptions.--The provisions of this part and amendments
made by this part shall not apply with respect to the
following:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.), or any authorized intelligence activities of the
United States.
(2) The admission of an alien to the United States if such
admission is necessary to comply with United States
obligations under the Agreement between the United Nations
and the United States of America regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, under the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or under other
international agreements.
(b) Exception Relating to Importation of Goods.--No
requirement to impose sanctions under this part or an
amendment made by this part shall include the authority to
impose sanctions on the importation of goods.
(c) Waiver of Sanctions That Are Imposed.--Subject to
section 216, if the President imposes sanctions with respect
to a person under this part or the amendments made by this
part, the President may waive the application of those
sanctions if the President determines that such a waiver is
in the national security interest of the United States.
(d) Termination.--Subject to section 216, the President may
terminate the application of sanctions under section 224,
231, 232, 233, or 234 with respect to a person if the
President submits to the appropriate congressional
committees--
(1) a notice of and justification for the termination; and
(2) a notice that--
(A) the person is not engaging in the activity that was the
basis for the sanctions or has taken significant verifiable
steps toward stopping the activity; and
(B) the President has received reliable assurances that the
person will not knowingly engage in activity subject to
sanctions under this part in the future.
SEC. 237. RULE OF CONSTRUCTION.
Nothing in this part or the amendments made by this part
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.
PART III--REPORTS
SEC. 241. REPORT ON OLIGARCHS AND PARASTATAL ENTITIES OF THE
RUSSIAN FEDERATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, 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 a detailed report on the following:
(1) Senior foreign political figures and oligarchs in the
Russian Federation, including the following:
(A) An identification of the most significant senior
foreign political figures and oligarchs in the Russian
Federation, as determined by their closeness to the Russian
regime and their net worth.
(B) An assessment of the relationship between individuals
identified under subparagraph (A) and President Vladimir
Putin or other members of the Russian ruling elite.
(C) An identification of any indices of corruption with
respect to those individuals.
(D) The estimated net worth and known sources of income of
those individuals and their family members (including
spouses, children, parents, and siblings), including assets,
investments, other business interests, and relevant
beneficial ownership information.
(E) An identification of the non-Russian business
affiliations of those individuals.
(2) Russian parastatal entities, including an assessment of
the following:
(A) The emergence of Russian parastatal entities and their
role in the economy of the Russian Federation.
(B) The leadership structures and beneficial ownership of
those entities.
(C) The scope of the non-Russian business affiliations of
those entities.
(3) The exposure of key economic sectors of the United
States to Russian politically exposed persons and parastatal
entities, including, at a minimum, the banking, securities,
insurance, and real estate sectors.
(4) The likely effects of imposing debt and equity
restrictions on Russian parastatal entities, as well as the
anticipated effects of adding Russian parastatal entities to
the list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
(5) The potential impacts of imposing secondary sanctions
with respect to Russian oligarchs, Russian state-owned
enterprises, and Russian parastatal entities, including
impacts on the entities themselves and on the economy of the
Russian Federation, as well as on the economies of the United
States and allies of the United States.
(b) Form of Report.--The report required under subsection
(a) shall be submitted in an unclassified form, but may
contain a classified annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, 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. 242. REPORT ON EFFECTS OF EXPANDING SANCTIONS TO INCLUDE
SOVEREIGN DEBT AND DERIVATIVE PRODUCTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, 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 a report describing in detail the
potential effects of expanding sanctions under Directive 1
(as amended), dated September 12, 2014, issued by the Office
of Foreign Assets Control under Executive Order 13662 (79
Fed. Reg. 16169; relating to blocking property of additional
persons contributing to the situation in Ukraine), or any
successor directive, to include sovereign debt and the full
range of derivative products.
(b) Form of Report.--The report required under subsection
(a) shall be submitted in an unclassified form, but may
contain a classified annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, 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.
[[Page S3436]]
SEC. 243. REPORT ON ILLICIT FINANCE RELATING TO THE RUSSIAN
FEDERATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, and not later than the end of each
one-year period thereafter until 2021, the Secretary of the
Treasury shall submit to the appropriate congressional
committees a report describing interagency efforts in the
United States to combat illicit finance relating to the
Russian Federation.
(b) Elements.--The report required by subsection (a) shall
contain a summary of efforts by the United States to do the
following:
(1) Identify, investigate, map, and disrupt illicit
financial flows linked to the Russian Federation if such
flows affect the United States financial system or those of
major allies of the United States.
(2) Conduct outreach to the private sector, including
information sharing efforts to strengthen compliance efforts
by entities, including financial institutions, to prevent
illicit financial flows described in paragraph (1).
(3) Engage and coordinate with allied international
partners on illicit finance, especially in Europe, to
coordinate efforts to uncover and prosecute the networks
responsible for illicit financial flows described in
paragraph (1), including examples of that engagement and
coordination.
(4) Identify foreign sanctions evaders and loopholes within
the sanctions regimes of foreign partners of the United
States.
(5) Expand the number of real estate geographic targeting
orders or other regulatory actions, as appropriate, to
degrade illicit financial activity relating to the Russian
Federation in relation to the financial system of the United
States.
(6) Provide support to counter those involved in illicit
finance relating to the Russian Federation across all
appropriate law enforcement, intelligence, regulatory, and
financial authorities of the Federal Government, including by
imposing sanctions with respect to or prosecuting those
involved.
(7) In the case of the Department of the Treasury and the
Department of Justice, investigate or otherwise develop major
cases, including a description of those cases.
(c) Briefing.--After submitting a report under this
section, the Secretary of the Treasury shall provide
briefings to the appropriate congressional committees with
respect to that report.
(d) Coordination.--The Secretary of the Treasury shall
coordinate with the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security,
and the Secretary of State in preparing each report under
this section.
(e) Form.--Each report submitted under this section shall
be submitted in unclassified form, but may contain a
classified annex.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, 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) Illicit finance.--The term ``illicit finance'' means
the financing of terrorism, narcotics trafficking, or
proliferation, money laundering, or other forms of illicit
financing domestically or internationally, as defined by the
President.
Subtitle B--Countering Russian Influence in Europe and Eurasia
SEC. 251. FINDINGS.
Congress makes the following findings:
(1) The Government of the Russian Federation has sought to
exert influence throughout Europe and Eurasia, including in
the former states of the Soviet Union, by providing resources
to political parties, think tanks, and civil society groups
that sow distrust in democratic institutions and actors,
promote xenophobic and illiberal views, and otherwise
undermine European unity. The Government of the Russian
Federation has also engaged in well-documented corruption
practices as a means toward undermining and buying influence
in European and Eurasian countries.
(2) The Government of the Russian Federation has largely
eliminated a once-vibrant Russian-language independent media
sector and severely curtails free and independent media
within the borders of the Russian Federation. Russian-
language media organizations that are funded and controlled
by the Government of the Russian Federation and disseminate
information within and outside of the Russian Federation
routinely traffic in anti-Western disinformation, while few
independent, fact-based media sources provide objective
reporting for Russian-speaking audiences inside or outside of
the Russian Federation.
(3) The Government of the Russian Federation continues to
violate its commitments under the Memorandum on Security
Assurances in connection with Ukraine's Accession to the
Treaty on the Non-Proliferation of Nuclear Weapons, done at
Budapest December 5, 1994, and the Conference on Security and
Co-operation in Europe Final Act, concluded at Helsinki
August 1, 1975 (commonly referred to as the ``Helsinki Final
Act''), which laid the ground-work for the establishment of
the Organization for Security and Co-operation in Europe, of
which the Russian Federation is a member, by its illegal
annexation of Crimea in 2014, its illegal occupation of South
Ossetia and Abkhazia in Georgia in 2008, and its ongoing
destabilizing activities in eastern Ukraine.
(4) The Government of the Russian Federation continues to
ignore the terms of the August 2008 ceasefire agreement
relating to Georgia, which requires the withdrawal of Russian
Federation troops, free access by humanitarian groups to the
regions of South Ossetia and Abkhazia, and monitoring of the
conflict areas by the European Union Monitoring Mission.
(5) The Government of the Russian Federation is failing to
comply with the terms of the Minsk Agreement to address the
ongoing conflict in eastern Ukraine, signed in Minsk,
Belarus, on February 11, 2015, by the leaders of Ukraine,
Russia, France, and Germany, as well as the Minsk Protocol,
which was agreed to on September 5, 2014.
(6) The Government of the Russian Federation is--
(A) in violation of the Treaty between the United States of
America and the Union of Soviet Socialist Republics on the
Elimination of their Intermediate-Range and Shorter-Range
Missiles, signed at Washington December 8, 1987, and entered
into force June 1, 1988 (commonly known as the ``INF
Treaty''); and
(B) failing to meet its obligations under the Treaty on
Open Skies, done at Helsinki March 24, 1992, and entered into
force January 1, 2002 (commonly known as the ``Open Skies
Treaty'').
SEC. 252. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of the Russian Federation bears
responsibility for the continuing violence in Eastern
Ukraine, including the death on April 24, 2017, of Joseph
Stone, a citizen of the United States working as a monitor
for the Organization for Security and Co-operation in Europe;
(2) the President should call on the Government of the
Russian Federation--
(A) to withdraw all of its forces from the territories of
Georgia, Ukraine, and Moldova;
(B) to return control of the borders of those territories
to their respective governments; and
(C) to cease all efforts to undermine the popularly elected
governments of those countries;
(3) the Government of the Russian Federation has applied,
and continues to apply, to the countries and peoples of
Georgia and Ukraine, traditional uses of force, intelligence
operations, and influence campaigns, which represent clear
and present threats to the countries of Europe and Eurasia;
(4) in response, the countries of Europe and Eurasia should
redouble efforts to build resilience within their
institutions, political systems, and civil societies;
(5) the United States supports the institutions that the
Government of the Russian Federation seeks to undermine,
including the North Atlantic Treaty Organization and the
European Union;
(6) a strong North Atlantic Treaty Organization is critical
to maintaining peace and security in Europe and Eurasia;
(7) the United States should continue to work with the
European Union as a partner against aggression by the
Government of the Russian Federation, coordinating aid
programs, development assistance, and other counter-Russian
efforts;
(8) the United States should encourage the establishment of
a commission for media freedom within the Council of Europe,
modeled on the Venice Commission regarding rule of law
issues, that would be chartered to provide governments with
expert recommendations on maintaining legal and regulatory
regimes supportive of free and independent media and an
informed citizenry able to distinguish between fact-based
reporting, opinion, and disinformation;
(9) in addition to working to strengthen the North Atlantic
Treaty Organization and the European Union, the United States
should work with the individual countries of Europe and
Eurasia--
(A) to identify vulnerabilities to aggression,
disinformation, corruption, and so-called hybrid warfare by
the Government of the Russian Federation;
(B) to establish strategic and technical plans for
addressing those vulnerabilities;
(C) to ensure that the financial systems of those countries
are not being used to shield illicit financial activity by
officials of the Government of the Russian Federation or
individuals in President Vladimir Putin's inner circle who
have been enriched through corruption;
(D) to investigate and prosecute cases of corruption by
Russian actors; and
(E) to work toward full compliance with the Convention on
Combating Bribery of Foreign Public Officials in
International Business Transactions (commonly referred to as
the ``Anti-Bribery Convention'') of the Organization for
Economic Co-operation and Development; and
(10) the President of the United States should use the
authority of the President to impose sanctions under--
(A) the Sergei Magnitsky Rule of Law Accountability Act of
2012 (title IV of Public Law 112-208; 22 U.S.C. 5811 note);
and
(B) the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note).
[[Page S3437]]
SEC. 253. STATEMENT OF POLICY.
The United States, consistent with the principle of ex
injuria jus non oritur, supports the policy known as the
``Stimson Doctrine'' and thus does not recognize territorial
changes effected by force, including the illegal invasions
and occupations of Abkhazia, South Ossetia, Crimea, Eastern
Ukraine, and Transnistria.
SEC. 254. COORDINATING AID AND ASSISTANCE ACROSS EUROPE AND
EURASIA.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for the Countering Russian Influence Fund
$250,000,000 for fiscal years 2018 and 2019.
(b) Use of Funds.--Amounts in the Countering Russian
Influence Fund shall be used to effectively implement,
prioritized in the following order and subject to the
availability of funds, the following goals:
(1) To assist in protecting critical infrastructure and
electoral mechanisms from cyberattacks in the following
countries:
(A) Countries that are members of the North Atlantic Treaty
Organization or the European Union that the Secretary of
State determines--
(i) are vulnerable to influence by the Russian Federation;
and
(ii) lack the economic capability to effectively respond to
aggression by the Russian Federation without the support of
the United States.
(B) Countries that are participating in the enlargement
process of the North Atlantic Treaty Organization or the
European Union, including Albania, Bosnia and Herzegovina,
Georgia, Macedonia, Moldova, Kosovo, Serbia, and Ukraine.
(2) To combat corruption, improve the rule of law, and
otherwise strengthen independent judiciaries and prosecutors
general offices in the countries described in paragraph (1).
(3) To respond to the humanitarian crises and instability
caused or aggravated by the invasions and occupations of
Georgia and Ukraine by the Russian Federation.
(4) To improve participatory legislative processes and
legal education, political transparency and competition, and
compliance with international obligations in the countries
described in paragraph (1).
(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 in the countries described in
paragraph (1).
(6) To assist the Secretary of State in executing the
functions specified in section 1287(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 22 U.S.C. 2656 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 the goals described in
subsection (b) if, not later than 15 days before revising
such a 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, 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; or
(C) nongovernmental or international organizations, such as
the Organization for Security and Co-operation in Europe, the
National Endowment for Democracy, the Black Sea Trust, the
Balkan Trust for Democracy, the Prague Civil Society Centre,
the North Atlantic Treaty Organization Strategic
Communications Centre of Excellence, the European Endowment
for Democracy, and related organizations.
(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 cost efficiency,
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).
(2) Report by secretary of state.--Not later than April 1
of each year, the Secretary of State shall submit to the
appropriate congressional committees a report that includes--
(A) the amount of funding provided to each country referred
to in subsection (b) by--
(i) the European Union or its institutions;
(ii) the government of each country that is a member of the
European Union or the North Atlantic Treaty Organization; and
(iii) international organizations and quasi-governmental
funding entities that carry out programs and activities that
seek to accomplish the goals described in subsection (b); and
(B) an assessment of whether the funding described in
subparagraph (A) is commensurate with funding provided by the
United States for those goals.
(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) Ensuring Adequate Staffing for Governance Activities.--
In order to ensure that the United States Government is
properly focused on combating corruption, improving rule of
law, and building the capacity of civil society, media, and
other nongovernmental organizations in countries described in
subsection (b)(1), the Secretary of State shall establish a
pilot program for Foreign Service officer positions focused
on governance and anticorruption activities in such
countries.
SEC. 255. REPORT ON MEDIA ORGANIZATIONS CONTROLLED AND FUNDED
BY THE GOVERNMENT OF THE RUSSIAN FEDERATION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report that includes a description of media
organizations that are controlled and funded by the
Government of the Russian Federation, and any affiliated
entities, whether operating within or outside the Russian
Federation, including broadcast and satellite-based
television, radio, Internet, and print media organizations.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
SEC. 256. REPORT ON RUSSIAN FEDERATION INFLUENCE ON ELECTIONS
IN EUROPE AND EURASIA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report on funds provided by, or funds the use of
which was directed by, the Government of the Russian
Federation or any Russian person with the intention of
influencing the outcome of any election or campaign in any
country in Europe or Eurasia during the preceding year,
including through direct support to any political party,
candidate, lobbying campaign, nongovernmental organization,
or civic organization.
(b) Form of Report.--Each report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
(c) Russian Person Defined.--In this section, the term
``Russian person'' means--
(1) an individual who is a citizen or national of the
Russian Federation; or
(2) an entity organized under the laws of the Russian
Federation or otherwise subject to the jurisdiction of the
Government of the Russian Federation.
SEC. 257. UKRANIAN ENERGY SECURITY.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to support the Government of Ukraine in restoring its
sovereign and territorial integrity;
(2) to condemn and oppose all of the destabilizing efforts
by the Government of the Russian Federation in Ukraine in
violation of its obligations and international commitments;
(3) to never recognize the illegal annexation of Crimea by
the Government of the Russian Federation or the separation of
any portion of Ukrainian territory through the use of
military force;
(4) to deter the Government of the Russian Federation from
further destabilizing and invading Ukraine and other
independent countries in Central and Eastern Europe and the
Caucuses;
(5) to assist in promoting reform in regulatory oversight
and operations in Ukraine's energy sector, including the
establishment and empowerment of an independent regulatory
organization;
[[Page S3438]]
(6) to encourage and support fair competition, market
liberalization, and reliability in Ukraine's energy sector;
(7) to help Ukraine and United States allies and partners
in Europe reduce their dependence on Russian energy
resources, especially natural gas, which the Government of
the Russian Federation uses as a weapon to coerce,
intimidate, and influence other countries;
(8) to work with European Union member states and European
Union institutions to promote energy security through
developing diversified and liberalized energy markets that
provide diversified sources, suppliers, and routes;
(9) to continue to oppose the NordStream 2 pipeline given
its detrimental impacts on the European Union's energy
security, gas market development in Central and Eastern
Europe, and energy reforms in Ukraine; and
(10) that the United States Government should prioritize
the export of United States energy resources in order to
create American jobs, help United States allies and partners,
and strengthen United States foreign policy.
(b) Plan to Promote Energy Security in Ukraine.--
(1) In general.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development and the Secretary of Energy, shall
work with the Government of Ukraine to develop a plan to
increase energy security in Ukraine, increase the amount of
energy produced in Ukraine, and reduce Ukraine's reliance on
energy imports from the Russian Federation.
(2) Elements.--The plan developed under paragraph (1) shall
include strategies for market liberalization, effective
regulation and oversight, supply diversification, energy
reliability, and energy efficiency, such as through
supporting--
(A) the promotion of advanced technology and modern
operating practices in Ukraine's oil and gas sector;
(B) modern geophysical and meteorological survey work as
needed followed by international tenders to help attract
qualified investment into exploration and development of
areas with untapped resources in Ukraine;
(C) a broadening of Ukraine's electric power transmission
interconnection with Europe;
(D) the strengthening of Ukraine's capability to maintain
electric power grid stability and reliability;
(E) independent regulatory oversight and operations of
Ukraine's gas market and electricity sector;
(F) the implementation of primary gas law including
pricing, tariff structure, and legal regulatory
implementation;
(G) privatization of government owned energy companies
through credible legal frameworks and a transparent process
compliant with international best practices;
(H) procurement and transport of emergency fuel supplies,
including reverse pipeline flows from Europe;
(I) provision of technical assistance for crisis planning,
crisis response, and public outreach;
(J) repair of infrastructure to enable the transport of
fuel supplies;
(K) repair of power generating or power transmission
equipment or facilities; and
(L) improved building energy efficiency and other measures
designed to reduce energy demand in Ukraine.
(3) Reports.--
(A) Implementation of ukraine freedom support act of 2014
provisions.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report detailing
the status of implementing the provisions required under
section 7(c) of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8926(c)), including detailing the plans required under
that section, the level of funding that has been allocated to
and expended for the strategies set forth under that section,
and progress that has been made in implementing the
strategies developed pursuant to that section.
(B) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report detailing the plan
developed under paragraph (1), the level of funding that has
been allocated to and expended for the strategies set forth
in paragraph (2), and progress that has been made in
implementing the strategies.
(C) Briefings.--The Secretary of State, or a designee of
the Secretary, shall brief the appropriate congressional
committees not later than 30 days after the submission of
each report under subparagraph (B). In addition, the
Department of State shall make relevant officials available
upon request to brief the appropriate congressional
committees on all available information that relates directly
or indirectly to Ukraine or energy security in Eastern
Europe.
(D) Appropriate congressional committees defined.--In this
paragraph, the term ``appropriate congressional committees''
means--
(i) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(c) Supporting Efforts of Countries in Europe and Eurasia
to Decrease Their Dependence on Russian Sources of Energy.--
(1) Findings.--Congress makes the following findings:
(A) The Government of the Russian Federation uses its
strong position in the energy sector as leverage to
manipulate the internal politics and foreign relations of the
countries of Europe and Eurasia.
(B) This influence is based not only on the Russian
Federation's oil and natural gas resources, but also on its
state-owned nuclear power and electricity companies.
(2) Sense of congress.--It is the sense of Congress that--
(A) the United States should assist the efforts of the
countries of Europe and Eurasia to enhance their energy
security through diversification of energy supplies in order
to lessen dependencies on Russian Federation energy resources
and state-owned entities; and
(B) the Export-Import Bank of the United States and the
Overseas Private Investment Corporation should play key roles
in supporting critical energy projects that contribute to
that goal.
(3) Use of countering russian influence fund to provide
technical assistance.--Amounts in the Countering Russian
Influence Fund pursuant to section 254 shall be used to
provide technical advice to countries described in subsection
(b)(1) of such section designed to enhance energy security
and lessen dependence on energy from Russian Federation
sources.
(d) Authorization of Appropriations.--There is authorized
to be appropriated for the Department of State a total of
$30,000,000 for fiscal years 2018 and 2019 to carry out the
strategies set forth in subsection (b)(2) and other
activities under this section related to the promotion of
energy security in Ukraine.
(e) Rule of Construction.--Nothing in this section shall be
construed as affecting the responsibilities required and
authorities provided under section 7 of the Ukraine Freedom
Support Act of 2014 (22 U.S.C. 8926).
SEC. 258. TERMINATION.
The provisions of this subtitle shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 259. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Except as otherwise provided, in this subtitle, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Homeland Security, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
Subtitle C--Combating Terrorism and Illicit Financing
PART I--NATIONAL STRATEGY FOR COMBATING TERRORIST AND OTHER ILLICIT
FINANCING
SEC. 261. DEVELOPMENT OF NATIONAL STRATEGY.
(a) In General.--The President, acting through the
Secretary, shall, in consultation with the Attorney General,
the Secretary of State, the Secretary of Homeland Security,
the Director of National Intelligence, and the appropriate
Federal banking agencies and Federal functional regulators,
develop a national strategy for combating the financing of
terrorism and related forms of illicit finance.
(b) Transmittal to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a comprehensive national
strategy developed in accordance with subsection (a).
(2) Updates.--Not later than January 31, 2020, and January
31, 2022, the President shall submit to the appropriate
congressional committees updated versions of the national
strategy submitted under paragraph (1).
(c) Separate Presentation of Classified Material.--Any part
of the national strategy that involves information that is
properly classified under criteria established by the
President shall be submitted to Congress separately in a
classified annex and, if requested by the chairman or ranking
member of one of the appropriate congressional committees, as
a briefing at an appropriate level of security.
SEC. 262. CONTENTS OF NATIONAL STRATEGY.
The strategy described in section 261 shall contain the
following:
(1) Evaluation of existing efforts.--An assessment of the
effectiveness of and ways in which the United States is
currently addressing the highest levels of risk of various
forms of illicit finance, including those identified in the
documents entitled ``2015 National Money Laundering Risk
Assessment'' and ``2015 National Terrorist Financing Risk
Assessment'', published by the Department of the Treasury and
a description of how the strategy is integrated into, and
supports, the broader counter terrorism strategy of the
United States.
(2) Goals, objectives, and priorities.--A comprehensive,
research-based, long-range, quantifiable discussion of goals,
objectives, and priorities for disrupting and preventing
illicit finance activities within and
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transiting the financial system of the United States that
outlines priorities to reduce the incidence, dollar value,
and effects of illicit finance.
(3) Threats.--An identification of the most significant
illicit finance threats to the financial system of the United
States.
(4) Reviews and proposed changes.--Reviews of enforcement
efforts, relevant regulations and relevant provisions of law
and, if appropriate, discussions of proposed changes
determined to be appropriate to ensure that the United States
pursues coordinated and effective efforts at all levels of
government, and with international partners of the United
States, in the fight against illicit finance.
(5) Detection and prosecution initiatives.--A description
of efforts to improve, as necessary, detection and
prosecution of illicit finance, including efforts to ensure
that--
(A) subject to legal restrictions, all appropriate data
collected by the Federal Government that is relevant to the
efforts described in this section be available in a timely
fashion to--
(i) all appropriate Federal departments and agencies; and
(ii) as appropriate and consistent with section 314 of the
International Money Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (31 U.S.C. 5311 note), to financial
institutions to assist the financial institutions in efforts
to comply with laws aimed at curbing illicit finance; and
(B) appropriate efforts are undertaken to ensure that
Federal departments and agencies charged with reducing and
preventing illicit finance make thorough use of publicly
available data in furtherance of this effort.
(6) The role of the private financial sector in prevention
of illicit finance.--A discussion of ways to enhance
partnerships between the private financial sector and Federal
departments and agencies with regard to the prevention and
detection of illicit finance, including--
(A) efforts to facilitate compliance with laws aimed at
stopping such illicit finance while maintaining the
effectiveness of such efforts; and
(B) providing guidance to strengthen internal controls and
to adopt on an industry-wide basis more effective policies.
(7) Enhancement of intergovernmental cooperation.--A
discussion of ways to combat illicit finance by enhancing--
(A) cooperative efforts between and among Federal, State,
and local officials, including State regulators, State and
local prosecutors, and other law enforcement officials; and
(B) cooperative efforts with and between governments of
countries and with and between multinational institutions
with expertise in fighting illicit finance, including the
Financial Action Task Force and the Egmont Group of Financial
Intelligence Units.
(8) Trend analysis of emerging illicit finance threats.--A
discussion of and data regarding trends in illicit finance,
including evolving forms of value transfer such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime, or any
other threats that the Secretary may choose to identify.
(9) Budget priorities.--A multiyear budget plan that
identifies sufficient resources needed to successfully
execute the full range of missions called for in this
section.
(10) Technology enhancements.--An analysis of current and
developing ways to leverage technology to improve the
effectiveness of efforts to stop the financing of terrorism
and other forms of illicit finance, including better
integration of open-source data.
PART II--ENHANCING ANTITERRORISM TOOLS OF THE DEPARTMENT OF THE
TREASURY
SEC. 271. IMPROVING ANTITERROR FINANCE MONITORING OF FUNDS
TRANSFERS.
(a) Study.--
(1) In general.--To improve the ability of the Department
of the Treasury to better track cross-border fund transfers
and identify potential financing of terrorist or other forms
of illicit finance, the Secretary shall carry out a study to
assess--
(A) the potential efficacy of requiring banking regulators
to establish a pilot program to provide technical assistance
to depository institutions and credit unions that wish to
provide account services to money services businesses serving
individuals in Somalia;
(B) whether such a pilot program could be a model for
improving the ability of United States persons to make
legitimate funds transfers through transparent and easily
monitored channels while preserving strict compliance with
the Bank Secrecy Act (Public Law 91-508; 84 Stat. 1114) and
related controls aimed at stopping money laundering and the
financing of terrorism; and
(C) consistent with current legal requirements regarding
confidential supervisory information, the potential impact of
allowing money services businesses to share certain State
examination information with depository institutions and
credit unions, or whether another appropriate mechanism could
be identified to allow a similar exchange of information to
give the depository institutions and credit unions a better
understanding of whether an individual money services
business is adequately meeting its anti-money laundering and
counter-terror financing obligations to combat money
laundering, the financing of terror, or related illicit
finance.
(2) Public input.--The Secretary should solicit and
consider public input as appropriate in developing the study
required under subsection (a).
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate and the
Committee on Financial Services and the Committee on Foreign
Affairs of the House of Representatives a report that
contains all findings and determinations made in carrying out
the study required under subsection (a).
SEC. 272. SENSE OF CONGRESS ON INTERNATIONAL COOPERATION
REGARDING TERRORIST FINANCING INTELLIGENCE.
It is the sense of Congress that the Secretary, acting
through the Under Secretary for Terrorism and Financial
Crimes, should intensify work with foreign partners to help
the foreign partners develop intelligence analytic
capacities, in a financial intelligence unit, finance
ministry, or other appropriate agency, that are--
(1) commensurate to the threats faced by the foreign
partner; and
(2) designed to better integrate intelligence efforts with
the anti-money laundering and counter-terrorist financing
regimes of the foreign partner.
SEC. 273. EXAMINING THE COUNTER-TERROR FINANCING ROLE OF THE
DEPARTMENT OF THE TREASURY IN EMBASSIES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit to the Committee on
Banking, Housing, and Urban Affairs and the Committee on
Foreign Relations of the Senate and the Committee on
Financial Services and the Committee on Foreign Affairs of
the House of Representatives a report that contains--
(1) a list of the United States embassies in which a full-
time Department of the Treasury financial attache is
stationed and a description of how the interests of the
Department of the Treasury relating to terrorist financing
and money laundering are addressed (via regional attaches or
otherwise) at United States embassies where no such attaches
are present;
(2) a list of the United States embassies at which the
Department of the Treasury has assigned a technical
assistance advisor from the Office of Technical Assistance of
the Department of the Treasury;
(3) an overview of how Department of the Treasury financial
attaches and technical assistance advisors assist in efforts
to counter illicit finance, to include money laundering,
terrorist financing, and proliferation financing; and
(4) an overview of patterns, trends, or other issues
identified by the Department of the Treasury and whether
resources are sufficient to address these issues.
SEC. 274. INCLUSION OF SECRETARY OF THE TREASURY ON THE
NATIONAL SECURITY COUNCIL.
(a) In General.--Section 101(c)(1) of the National Security
Act of 1947 (50 U.S.C. 3021(c)(1)) is amended by inserting
``the Secretary of the Treasury,'' before ``and such other
officers''.
(b) Rule of Construction.--The amendment made by subsection
(a) may not be construed to authorize the National Security
Council to have a professional staff level that exceeds the
limitation set forth under section 101(e)(3) of the National
Security Act of 1947 (50 U.S.C. 3021(e)(3)).
SEC. 275. INCLUSION OF ALL FUNDS.
(a) In General.--Section 5326 of title 31, United States
Code, is amended--
(1) in the heading of such section, by striking ``coin and
currency'';
(2) in subsection (a)--
(A) by striking ``subtitle and'' and inserting ``subtitle
or to''; and
(B) in paragraph (1)(A), by striking ``United States coins
or currency (or such other monetary instruments as the
Secretary may describe in such order)'' and inserting ``funds
(as the Secretary may describe in such order),''; and
(3) in subsection (b)--
(A) in paragraph (1)(A), by striking ``coins or currency
(or monetary instruments)'' and inserting ``funds''; and
(B) in paragraph (2), by striking ``coins or currency (or
such other monetary instruments as the Secretary may describe
in the regulation or order)'' and inserting ``funds (as the
Secretary may describe in the regulation or order)''.
(b) Clerical Amendment.--The table of contents for chapter
53 of title 31, United States Code, is amended in the item
relating to section 5326 by striking ``coin and currency''.
PART III--DEFINITIONS
SEC. 281. DEFINITIONS.
In this subtitle--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, Committee on Armed
Services, Committee on the Judiciary, Committee on Homeland
Security and Governmental Affairs, and the Select Committee
on Intelligence of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Armed Services, the
Committee on the Judiciary, Committee on Homeland Security,
and the Permanent Select Committee
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on Intelligence of the House of Representatives;
(2) the term ``appropriate Federal banking agencies'' has
the meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813);
(3) the term ``Bank Secrecy Act'' means--
(A) section 21 of the Federal Deposit Insurance Act (12
U.S.C. 1829b);
(B) chapter 2 of title I of Public Law 91-508 (12 U.S.C.
1951 et seq.); and
(C) subchapter II of chapter 53 of title 31, United States
Code;
(4) the term ``Federal functional regulator'' has the
meaning given that term in section 509 of the Gramm-Leach-
Bliley Act (15 U.S.C. 6809);
(5) the term ``illicit finance'' means the financing of
terrorism, narcotics trafficking, or proliferation, money
laundering, or other forms of illicit financing domestically
or internationally, as defined by the President;
(6) the term ``money services business'' has the meaning
given the term under section 1010.100 of title 31, Code of
Federal Regulations;
(7) the term ``Secretary'' means the Secretary of the
Treasury; and
(8) the term ``State'' means each of the several States,
the District of Columbia, and each territory or possession of
the United States.
Subtitle D--Rule of Construction
SEC. 291. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title
(other than sections 216 and 236(b)) shall be construed to
limit the authority of the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
Mr. McCONNELL. Mr. President, I just want to say to my colleague, the
Democratic leader, that I think this is a good example of the Senate at
its best. We all know this has been a period of rather partisan
sparring back and forth on a variety of different things, but both
sides were able to put that aside and deal with two important issues in
a very significant way. I think it is good for the Senate and good for
the country, and I thank the Democratic leader for his comments.
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