[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Page S4529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 537. Mr. CRUZ (for himself and Mr. Tillis) submitted an amendment
intended to be proposed by him to the bill H.R. 2810, to authorize
appropriations for fiscal year 2018 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. ___. REPORT ON ILLICIT ACTIVITIES OF CERTAIN IRANIAN
PERSONS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 60 days thereafter, the
Secretary of Defense, in consultation with the Director of
National Intelligence, the Secretary of the Treasury, the
Secretary of Commerce, and the Secretary of State, shall
submit to the appropriate committees of Congress a report
that includes the following:
(1) A list of each person listed, or required to be listed,
in Attachment 3 to Annex II of the Joint Comprehensive Plan
of Action that has, on or after the date of the
implementation of the Joint Comprehensive Plan of Action and
before the date of the report, knowingly facilitated,
participated or assisted in, engaged in, directed, or
provided material support for activities described in
subsection (b).
(2) A description of the activity described in subsection
(b) engaged in by each person on the list required by
paragraph (1).
(3) An assessment of the extent to which the activity
described in subsection (b) engaged in by each person on the
list required by paragraph (1) involves the provision or
delivery of financial, material, or technological support
to--
(A) the Government of Iran;
(B) Iran's Islamic Revolutionary Guard Corps;
(C) any person with respect to which sanctions have been
imposed under any provision of law imposing sanctions with
respect to Iran; or
(D) any person that directly, or indirectly through one or
more intermediaries, is controlled by, or is under common
control with, an entity described in subparagraph (A), (B),
or (C).
(b) Activities Described.--An activity described in this
subsection is any of the following:
(1) An act of international terrorism.
(2) The proliferation of nuclear or ballistic missile
technology or spare parts.
(3) Illicit arms sales.
(4) Significant activities undermining cybersecurity.
(5) Violations of export controls.
(6) Financial crimes.
(7) Transnational organized crime, including drug and human
trafficking.
(c) Determination and Public Availability.--To the maximum
extent practicable, the list required by subsection (a)(1)
shall be made available to the public and posted on a
publicly available Internet website of the Department of
Defense, the Department of State, the Department of the
Treasury, or the Department of Commerce.
(d) Definitions.--In this section:
(1) Act of international terrorism.--The term ``act of
international terrorism'' includes--
(A) an act of torture, extrajudicial killing, aircraft
sabotage, or hostage taking, as those terms are defined in
section 1605A(h) of title 28, United States Code; and
(B) providing material support or resources, as defined in
section 2339A of title 18, United States Code, for an act
described in subparagraph (A).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Select Committee on Intelligence of the House of
Representatives.
(3) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(4) Joint comprehensive plan of action.--The term ``Joint
Comprehensive Plan of Action'' means the Joint Comprehensive
Plan of Action, agreed to at Vienna on July 14, 2015, by Iran
and by the People's Republic of China, France, Germany, the
Russian Federation, the United Kingdom, and the United
States, with the High Representative of the European Union
for Foreign Affairs and Security Policy, and all implementing
materials and agreements related to the Joint Comprehensive
Plan of Action.
(5) Person.--The term ``person'' means an individual or
entity.
(6) Significant activities undermining cybersecurity.--The
term ``significant activities undermining cybersecurity''
includes--
(A) significant efforts to--
(i) deny access to or degrade, disrupt, or destroy an
information and communications technology system or network;
or
(ii) exfiltrate information from such a system or network
without authorization;
(B) significant destructive malware attacks;
(C) significant denial or service activities; and
(D) such other significant activities undermining
cybersecurity as may be specified in regulations prescribed
to implement this section.
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