[Congressional Record Volume 163, Number 101 (Wednesday, June 14, 2017)]
[Senate]
[Page S3498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 247. Mr. GARDNER (for himself, Mr. Coons, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
722, to impose sanctions with respect to Iran in relation to Iran's 
ballistic missile program, support for acts of international terrorism, 
and violations of human rights, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 43, between lines 19 and 20, insert the following:

     SEC. 9. MANDATORY SANCTIONS WITH RESPECT TO IRAN RELATING TO 
                   SIGNIFICANT ACTIVITIES UNDERMINING UNITED 
                   STATES CYBERSECURITY.

       (a) Investigation.--The President shall initiate an 
     investigation into the possible designation of an Iranian 
     person under subsection (b) upon receipt by the President of 
     credible information indicating that the person has engaged 
     in conduct described in subsection (b).
       (b) Designation.--The President shall designate under this 
     subsection any Iranian person that the President determines 
     has knowingly--
       (1) engaged in significant activities undermining United 
     States cybersecurity conducted by the Government of Iran; or
       (2) acted for or on behalf of the Government of Iran in 
     connection with such activities.
       (c) Sanctions.--The President shall block and prohibit all 
     transactions in all property and interests in property of any 
     Iranian person designated under subsection (b) if such 
     property and interests in property are in the United States, 
     come within the United States, or are or come within the 
     possession or control of a United States person.
       (d) Suspension of Sanctions.--
       (1) In general.--The President may suspend the application 
     of sanctions under subsection (c) with respect to an Iranian 
     person only if the President submits to the appropriate 
     congressional committees in writing a certification described 
     in paragraph (2) and a detailed justification for the 
     certification.
       (2) Certification described.--
       (A) In general.--A certification described in this 
     paragraph with respect to an Iranian person is a 
     certification by the President that--
       (i) the person has not, during the 12-month period 
     immediately preceding the date of the certification, 
     knowingly engaged in activities that would qualify the person 
     for designation under subsection (b); and
       (ii) the person is not expected to resume any such 
     activities.
       (B) Form of certification.--The certification described in 
     subparagraph (A) shall be submitted in unclassified form but 
     may include a classified annex.
       (e) Reimposition of Sanctions.--If sanctions are suspended 
     with respect to an Iranian person under subsection (d), such 
     sanctions shall be reinstated if the President determines 
     that the person has resumed the activity that resulted in the 
     initial imposition of sanctions or has engaged in any other 
     activity subject to sanctions relating to the involvement of 
     the person in significant activities undermining United 
     States cybersecurity on behalf of the Government of Iran.
       (f) Rule of Construction.--Nothing in this section shall be 
     construed to limit the authority of the President pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et 
     seq.), or any other provision of law.
       (g) Report.--
       (1) 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 describes significant activities 
     undermining United States cybersecurity conducted by the 
     Government of Iran, a person owned or controlled, directly or 
     indirectly, by that Government, or any person acting for or 
     on behalf of that Government.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) An assessment of the extent to which a foreign 
     government has provided material support to the Government of 
     Iran, to any person owned or controlled, directly or 
     indirectly, by that Government, or to any person acting for 
     or on behalf of that Government, in connection with the 
     conduct of significant activities undermining United States 
     cybersecurity.
       (B) A strategy to counter efforts by Iran to conduct 
     significant activities undermining United States 
     cybersecurity that includes a description of efforts to 
     engage foreign governments in preventing the Government of 
     Iran, persons owned or controlled, directly or indirectly, by 
     that Government, and persons acting for or on behalf of that 
     Government from conducting significant activities undermining 
     United States cybersecurity.
       (3) Form of report.--Each report required by paragraph (1) 
     shall be submitted in an unclassified form but may include a 
     classified annex.
       (h) Cybersecurity Defined.--In this section, the term 
     ``cybersecurity'' means the activity or process, ability or 
     capability, or state whereby information and communications 
     systems and the information contained therein are protected 
     from or defended against damage, unauthorized use or 
     modification, or exploitation.
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