[Congressional Record Volume 164, Number 140 (Wednesday, August 22, 2018)]
[Senate]
[Pages S5837-S5849]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3938. Mr. GRAHAM (for himself, Mr. Menendez, Mr. Gardner, Mr.
Cardin, Mr. McCain, and Mrs. Shaheen) submitted an amendment intended
to be proposed to amendment SA 3695 proposed by Mr. Shelby to the bill
H.R. 6157, making appropriations for the Department of Defense for the
fiscal year ending September 30, 2019, and for other purposes; which
was ordered to lie on the table; as follows:
[[Page S5838]]
At the end, add the following:
DIVISION C--DEFENDING AMERICAN SECURITY FROM KREMLIN AGGRESSION
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Defending American Security from Kremlin Aggression Act of
2018''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Statement of policy on Crimea.
TITLE I--MATTERS RELATING TO NORTH ATLANTIC TREATY ORGANIZATION
Subtitle A--Opposition of the Senate to Withdrawal From NATO
Sec. 101. Opposition of the Senate to withdrawal from North Atlantic
Treaty.
Sec. 102. Limitation on use of funds.
Sec. 103. Authorization for Senate Legal Counsel to represent Senate in
opposition to withdrawal from the North Atlantic Treaty.
Sec. 104. Reporting requirement.
Subtitle B--Strengthening the NATO Alliance
Sec. 111. Report on NATO alliance resilience and United States
diplomatic posture.
Sec. 112. Expedited NATO excess defense articles transfer program.
Sec. 113. Appropriate congressional committees defined.
TITLE II--MATTERS RELATING TO THE DEPARTMENT OF STATE
Subtitle A--Public Diplomacy Modernization
Sec. 201. Avoiding duplication of programs and efforts.
Sec. 202. Improving research and evaluation of public diplomacy.
Subtitle B--Other Matters
Sec. 211. Department of State responsibilities with respect to
cyberspace policy.
Sec. 212. Sense of Congress.
TITLE III--CHEMICAL WEAPONS NONPROLIFERATION
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Statement of policy.
Sec. 304. Report on use of chemical weapons by the Russian Federation.
Sec. 305. Authorization of appropriations.
Sec. 306. Chemical Weapons Convention defined.
TITLE IV--INTERNATIONAL CYBERCRIME PREVENTION ACT
Sec. 401. Short title.
Sec. 402. Predicate offenses.
Sec. 403. Forfeiture.
Sec. 404. Shutting down botnets.
Sec. 405. Aggravated damage to a critical infrastructure computer.
Sec. 406. Stopping trafficking in botnets; forfeiture.
TITLE V--COMBATING ELECTION INTERFERENCE
Sec. 501. Prohibition on interference with voting systems.
Sec. 502. Inadmissibility of aliens seeking to interfere in United
States elections.
TITLE VI--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
Subtitle A--Expansion of Countering America's Adversaries Through
Sanctions Act
Sec. 601. Imposition of additional sanctions with respect to the
Russian Federation.
Sec. 602. Congressional review and continued applicability of sanctions
under the Sergei Magnitsky Rule of Law Accountability Act
of 2012.
Subtitle B--Coordination With the European Union
Sec. 611. Sense of Congress on coordination with allies with respect to
sanctions with respect to the Russian Federation.
Sec. 612. Office of Sanctions Coordination of the Department of State.
Sec. 613. Report on coordination of sanctions between the United States
and European Union.
Subtitle C--Reports Relating to Sanctions With Respect to the Russian
Federation
Sec. 621. Definitions.
Sec. 622. Updated report on oligarchs and parastatal entities of the
Russian Federation.
Sec. 623. Report on the personal net worth and assets of Vladimir
Putin.
Sec. 624. Report on section 224 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 625. Report on section 225 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 626. Report on section 226 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 627. Report on section 228 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 628. Report on Section 233 of the Countering America's Adversaries
Through Sanctions Act.
Sec. 629. Report on section 234 of the Countering America's Adversaries
Through Sanctions Act.
Subtitle D--General Provisions
Sec. 631. Exception relating to activities of the National Aeronautics
and Space Administration.
Sec. 632. Rule of construction.
TITLE VII--OTHER MATTERS RELATING TO THE RUSSIAN FEDERATION
Sec. 701. Determination on designation of the Russian Federation as a
state sponsor of terrorism.
Sec. 702. Expansion of geographic targeting orders of Financial Crimes
Enforcement Network.
Sec. 703. Extension of limitations on importation of uranium from
Russian Federation.
Sec. 704. Establishment of a National Fusion Center to respond to
threats from the Government of the Russian Federation.
Sec. 705. Countering Russian Influence Fund.
Sec. 706. Coordinating aid and assistance across Europe and Eurasia.
Sec. 707. Addressing abuse and misuse by the Russian Federation of
INTERPOL red notices and red diffusions.
Sec. 708. Report on accountability for war crimes and crimes against
humanity by the Russian Federation in Syria.
Sec. 709. Report on activities of the Russian Federation in Syria.
Sec. 710. Sense of Congress on responsibility of technology companies
for state-sponsored disinformation.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should immediately marshal and support a
whole-of-government response by Federal agencies to address
the threat posed by the Government of the Russian Federation
and to work to prevent interference by that Government and
other foreign state actors in United States institutions and
democratic processes;
(2) the President should publicly call for the Government
of the Russian Federation to return Crimea to the control of
the Government of Ukraine, end its support for separatist
violence in eastern Ukraine, end its occupation of and
support for separatists on the territory of Georgia and
Moldova, and cease enabling the brutal regime of Bashar al-
Assad in Syria to commit war crimes;
(3) the President should unequivocally condemn and counter
the ongoing interference in United States institutions and
democratic processes by the President of the Russian
Federation, Vladimir Putin, his government, and affiliates of
his government;
(4) the conclusion of the United States intelligence
community and law enforcement agencies and other United
States Government officials that the Russian Federation has
perpetrated, and continues to perpetrate, such interference,
is correct;
(5) the United States should continue to participate
actively as a member of the North Atlantic Treaty
Organization by--
(A) upholding the Organization's core principles of
collective defense, democratic rule of law, and peaceful
settlement of disputes;
(B) boosting coordination and deterrence capacity among
member countries; and
(C) supporting accession processes of prospective member
countries who meet the obligations of membership.
(6) Congress reiterates its strong support for the Russia
Sanctions Review Act of 2017 (22 U.S.C. 9511), which allows
for congressional review of an action to waive the
application of sanctions under the provisions of the
Countering America's Adversaries Through Sanctions Act
(Public Law 115-44; 131 Stat. 886) relating to the Russian
Federation or a licensing action that significantly alters
United States foreign policy with regard to the Russian
Federation; and
(7) sanctions imposed with respect to the Russian
Federation have been most effective when developed and
coordinated in close consultation with the European Union.
SEC. 3. STATEMENT OF POLICY ON CRIMEA.
It is the policy of the Unites States that--
(1) the United States will never recognize the illegal
annexation of Crimea by the Russian Federation, similar to
the 1940 Welles Declaration in which the United States
refused to recognized the Soviet annexation of the Baltic
States;
(2) Crimea is part of the sovereign territory of Ukraine;
(3) Crimea is part of Ukraine and the United States rejects
attempts to change the status, demographics, or political
nature of Crimea;
(4) the United States reaffirms its unwavering support for
democracy, human rights, and the rule of law for all
individuals in Crimea, including non-Russian ethnic groups
and religious minorities;
(5) the United States condemns all human rights violations
against individuals in Crimea, and underscores the
culpability of the Government of the Russian Federation for
such violations while the territory of Crimea is under
illegal Russian occupation;
(6) the United States, in coordination with the European
Union, the North Atlantic Treaty Organization, and members of
the international community, should prioritize efforts to
prevent the further consolidation of illegal occupying powers
in Crimea, reaffirm unified opposition to the actions of the
Russian Federation in Crimea, and secure the human rights of
individuals there; and
(7) the United States welcomes the sanctions that have been
imposed and maintained as of the date of the enactment of
this Act by the United States and the European Union against
persons engaged in furthering the illegal occupation of
Crimea by the Russian Federation.
[[Page S5839]]
TITLE I--MATTERS RELATING TO NORTH ATLANTIC TREATY ORGANIZATION
Subtitle A--Opposition of the Senate to Withdrawal From NATO
SEC. 101. OPPOSITION OF THE SENATE TO WITHDRAWAL FROM NORTH
ATLANTIC TREATY.
The Senate opposes any effort to withdraw the United States
from the North Atlantic Treaty, done at Washington, D.C.,
April 4, 1949.
SEC. 102. LIMITATION ON USE OF FUNDS.
No funds authorized or appropriated by any Act may be used
to support, directly or indirectly, any efforts on the part
of any United States Government official to take steps to
withdraw the United States from the North Atlantic Treaty,
done at Washington, D.C., April 4, 1949, until such time as
the Senate passes, by an affirmative vote of two-thirds of
Members, a resolution advising and consenting to the
withdrawal of the United States from the treaty.
SEC. 103. AUTHORIZATION FOR SENATE LEGAL COUNSEL TO REPRESENT
SENATE IN OPPOSITION TO WITHDRAWAL FROM THE
NORTH ATLANTIC TREATY.
The Senate Legal Counsel is authorized to represent the
Senate in initiating or intervening in any judicial
proceedings in any Federal court of competent jurisdiction,
on behalf of the Senate, in order to oppose any withdrawal of
the United States from the North Atlantic Treaty in the
absence of the passage by the Senate of a resolution
described in section 102.
SEC. 104. REPORTING REQUIREMENT.
The Senate Legal Counsel shall report as soon as
practicable to the Committee on Foreign Relations of the
Senate with respect to any judicial proceedings which the
Senate Legal Counsel initiates or in which it intervenes
pursuant to this title.
Subtitle B--Strengthening the NATO Alliance
SEC. 111. REPORT ON NATO ALLIANCE RESILIENCE AND UNITED
STATES DIPLOMATIC POSTURE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State, in consultation with the Secretary of
Defense, shall submit a report to the appropriate
congressional committees providing an assessment of the
threats and challenges facing the NATO alliance and United
States diplomatic posture.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A review of current and emerging United States national
security interests in the NATO area of responsibility.
(2) A review of current United States political and
diplomatic engagement and political-military coordination
with NATO and NATO member states.
(3) Options for the realignment of United States engagement
with NATO to respond to new threats and challenges presented
by the Government of the Russian Federation to the NATO
alliance, as well as new opportunities presented by allies
and partners.
(4) The views of counterpart governments, including heads
of state, heads of government, political leaders, and
military commanders in the region.
SEC. 112. EXPEDITED NATO EXCESS DEFENSE ARTICLES TRANSFER
PROGRAM.
(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report with
recommendations regarding the need for and suitability of
transferring excess defense articles under this section to
countries in the NATO alliance, with particular emphasis on
the foreign policy benefits as it pertains to those member
states currently purchasing defense articles or services from
the Russian Federation.
(b) Period for Review by Congress of Recommendations for
EDA Transfer to NATO Members.--During the 30-calendar day
period following submission by the Secretary of Defense of
the report required under subsection (a), the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives shall, as
appropriate, hold hearings and briefings and otherwise obtain
information in order to fully review the recommendations
included in the report.
(c) Transfer Authority.--The President is authorized to
transfer such excess defense articles in a fiscal year as the
Secretary of Defense recommends pursuant to this section to
countries for which receipt of such articles was justified
pursuant to the annual congressional presentation documents
for military assistance programs, or for which receipt of
such articles was separately justified to Congress, for such
fiscal year.
(d) Limitations on Transfers.--The President may transfer
excess defense articles under this section only if--
(1) such articles are drawn from existing stocks of the
Department of Defense;
(2) funds available to the Department of Defense for the
procurement of defense equipment are not expended in
connection with the transfer;
(3) the President determines that the transfer of such
articles will not have an adverse impact on the military
readiness of the United States;
(4) with respect to a proposed transfer of such articles on
a grant basis, the President determines that the transfer is
preferable to a transfer on a sales basis, after taking into
account the potential proceeds from, and likelihood of, such
sales, and the comparative foreign policy benefits that may
accrue to the United States as the result of a transfer on
either a grant or sales basis; and
(5) the President determines that the transfer of such
articles will not have an adverse impact on the national
technology and industrial base and, particularly, will not
reduce the opportunities of entities in the national
technology and industrial base to sell new or used equipment
to the countries to which such articles are transferred.
(e) Terms of Transfers.--
(1) No cost to recipient country.--Excess defense articles
may be transferred under this section without cost to the
recipient country.
(2) Priority.--Notwithstanding any other provision of law,
the delivery of excess defense articles under this section to
member countries of NATO that still purchase defense goods
and services from the Russian Federation and pledge to
decrease such purchases shall be given priority to the
maximum extent feasible over the delivery of such excess
defense articles to other countries.
(3) Transportation and related costs.--
(A) In general.--Except as provided in subparagraph (B),
funds available to the Department of Defense may not be
expended for crating, packing, handling, and transportation
of excess defense articles transferred under the authority of
this section.
(B) Exception.--The President may provide for the
transportation of excess defense articles without charge to a
country for the costs of such transportation if--
(i) it is determined that it is in the national interest of
the United States to do so;
(ii) the recipient is a NATO member state currently
purchasing defense goods and services from the Russian
Federation that has pledged to reduce such purchases;
(iii) the total weight of the transfer does not exceed
50,000 pounds; and
(iv) such transportation is accomplished on a space
available basis.
SEC. 113. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
TITLE II--MATTERS RELATING TO THE DEPARTMENT OF STATE
Subtitle A--Public Diplomacy Modernization
SEC. 201. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Under Secretary for Public Diplomacy and Public Affairs
of the Department of State shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 202. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) In General.--The Secretary of State shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make the findings of the research and evaluations
conducted under paragraph (1) available to Congress.
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation in the Office of Policy,
Planning, and Resources for the Under Secretary for Public
Diplomacy and Public Affairs.
(2) Limitation on appointment.--The appointment of a
Director of Research and Evaluation pursuant to paragraph (1)
shall not result in an increase in the overall full-time
equivalent positions within the Department.
(3) Responsibilities.--The Director of Research and
Evaluation shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs of the Department of State--
(i) to improve public diplomacy strategies and tactics; and
(ii) to ensure that programs are increasing the knowledge,
understanding, and trust of the United States amon relevant
target audiences;
(B) report to the Director of Policy and Planning in the
Office of Policy, Planning, and Resources under the Under
Secretary for Public Diplomacy and Public Affairs of the
Department;
(C) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(D) support embassy public affairs sections;
(E) share appropriate public diplomacy research and
evaluation information within the Department and with other
Federal departments and agencies;
[[Page S5840]]
(F) regularly design and coordinate standardized research
questions, methodologies, and procedures to ensure that
public diplomacy activities across all public diplomacy
bureaus and offices are designed to meet appropriate foreign
policy objectives; and
(G) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Commission's
Subcommittee on Research and Evaluation established pursuant
to subsection (f), regarding the research and evaluation of
all public diplomacy bureaus and offices of the Department.
(4) Guidance and training.--Not later than one year after
the appointment of the Director of Research and Evaluation
pursuant to paragraph (1), the Director shall create guidance
and training for all public diplomacy officers regarding the
reading and interpretation of public diplomacy program
evaluation findings to ensure that such findings and lessons
learned are implemented in the planning and evaluation of all
public diplomacy programs and activities throughout the
Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The Director of Policy, Planning, and
Resources shall ensure that research and evaluation, as
coordinated and overseen by the Director of Research and
Evaluation, supports strategic planning and resource
allocation across all public diplomacy bureaus and offices of
the Department.
(2) Allocation of resources.--Amounts allocated for the
purposes of research and evaluation of public diplomacy
programs and activities pursuant to subsection (a) shall be
made available to be disbursed at the direction of the
Director of Research and Evaluation among the research and
evaluation staff across all public diplomacy bureaus and
offices of the Department.
(3) Sense of congress.--It is the sense of Congress that--
(A) the Under Secretary for Public Diplomacy and Public
Affairs of the Department of State should coordinate the
human and financial resources that support the Department's
public diplomacy and public affairs programs and activities;
(B) proposals or plans related to resource allocations for
public diplomacy bureaus and offices should be routed through
the Office of the Under Secretary for Public Diplomacy and
Public Affairs for review and clearance; and
(C) the Department should allocate, for the purposes of
research and evaluation of public diplomacy activities and
programs pursuant to subsection (a)--
(i) 3 to 5 percent of program funds made available under
the heading ``Educational and Cultural Exchange Programs'';
and
(ii) 3 to 5 percent of program funds allocated for public
diplomacy programs under the heading ``Diplomatic and
Consular Programs''.
(d) Limited Exemption.--Chapter 35 of title 44, United
States Code (commonly known as the ``Paperwork Reduction
Act'') shall not apply to collections of information directed
at foreign individuals conducted by, or on behalf of, the
Department of State for the purpose of audience research,
monitoring, and evaluations, and in connection with the
Department's activities conducted pursuant to the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1431 et seq.), the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2451 et seq.), section 1287
of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 22 U.S.C. 2656 note), or the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(e) Limited Exemption to the Privacy Act.--The Department
shall maintain, collect, use, and disseminate records (as
such term is defined in section 552a(a)(4) of title 5, United
States Code) for research and data analysis of public
diplomacy efforts intended for foreign audiences. Such
research and data analysis shall be reasonably tailored to
meet the purposes of this subsection and shall be carried out
with due regard for privacy and civil liberties guidance and
oversight.
(f) Advisory Commission on Public Diplomacy.--
(1) Subcommittee for research and evaluation.--The Advisory
Commission on Public Diplomacy shall establish a Subcommittee
for Research and Evaluation to monitor and advise on the
research and evaluation activities of the Department and the
Broadcasting Board of Governors.
(2) Report.--The Subcommittee for Research and Evaluation
established pursuant to paragraph (1) shall submit an annual
report to Congress in conjunction with the Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the Broadcasting Board of
Governors in carrying out research and evaluations of their
respective public diplomacy programming.
(3) Repeal of sunset.--Section 1334 of the Foreign Affairs
Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is
hereby repealed.
(g) Definitions.--In this section:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or campaign planning and design on specific audience
segments to understand the attitudes, interests, knowledge,
and behaviors of such audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted
by a public diplomacy program or campaign that can be
attributed to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means the Bureau of
Educational and Cultural Affairs, the Bureau of Public
Affairs, the Bureau of International Information Programs,
the Office of Policy, Planning, and Resources, the Global
Engagement Center, and the public diplomacy functions within
the regional and functional bureaus.
Subtitle B--Other Matters
SEC. 211. DEPARTMENT OF STATE RESPONSIBILITIES WITH RESPECT
TO CYBERSPACE POLICY.
(a) Office of Cyberspace and the Digital Economy.--Section
1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Office of Cyberspace and the Digital Economy.--
``(1) In general.--There is established, within the
Department of State, an Office of Cyberspace and the Digital
Economy (referred to in this subsection as the `Office'). The
head of the Office shall have the rank and status of
ambassador and shall be appointed by the President, by and
with the advice and consent of the Senate.
``(2) Duties.--
``(A) In general.--The head of the Office shall perform
such duties and exercise such powers as the Secretary of
State shall prescribe, including implementing the United
States international cyberspace policy strategy issued by the
Department of State in March 2016 pursuant to section 402 of
the Cybersecurity Act of 2015 (division N of Public Law 114-
113; 129 Stat. 2978).
``(B) Duties described.--The principal duties and
responsibilities of the head of the Office shall be--
``(i) to serve as the principal cyber policy official
within the senior management of the Department of State and
as the advisor to the Secretary of State for cyber issues;
``(ii) to lead the Department of State's diplomatic
cyberspace efforts, including efforts relating to
international cybersecurity, Internet access, Internet
freedom, digital economy, cybercrime, deterrence and
international responses to cyber threats, and other issues
that the Secretary assigns to the Office;
``(iii) to promote an open, interoperable, reliable,
unfettered, and secure information and communications
technology infrastructure globally;
``(iv) to represent the Secretary of State in interagency
efforts to develop and advance cyberspace policy described in
subparagraph (A);
``(v) to coordinate cyberspace efforts and other relevant
functions, including countering terrorists' use of
cyberspace, within the Department of State and with other
components of the United States Government;
``(vi) to act as a liaison to public and private sector
entities on relevant cyberspace issues;
``(vii) to lead United States Government efforts to
establish a global deterrence framework;
``(viii) to develop and execute adversary-specific
strategies to influence adversary decisionmaking through the
imposition of costs and deterrence strategies;
``(ix) to advise the Secretary and coordinate with foreign
governments on external responses to national security level
cyber incidents, including coordination on diplomatic
response efforts to support allies threatened by malicious
cyber activity, in conjunction with members of the North
Atlantic Treaty Organization and other like-minded countries;
``(x) to promote the adoption of national processes and
programs that enable threat detection, prevention, and
response to malicious cyber activity emanating from the
territory of a foreign country, including as such activity
relates to the United States' European allies, as
appropriate;
``(xi) to promote the building of foreign capacity to
protect the global network with the goal of enabling like-
minded participation in deterrence frameworks;
``(xii) to promote the maintenance of an open and
interoperable Internet governed by the multi-stakeholder
model, instead of by centralized government control;
``(xiii) to promote an international regulatory environment
for technology investments and the Internet that benefits
United States economic and national security interests;
``(xiv) to promote cross border flow of data and combat
international initiatives seeking to impose unreasonable
requirements on United States businesses;
``(xv) to promote international policies to protect the
integrity of United States and international
telecommunications infrastructure from foreign-based, cyber-
enabled threats;
``(xvi) to serve as the interagency coordinator for the
United States Government on engagement with foreign
governments on
[[Page S5841]]
cyberspace and digital economy issues described in the
Defending American Security from Kremlin Aggression Act of
2018;
``(xvii) to promote international policies to secure radio
frequency spectrum for United States businesses and national
security needs;
``(xviii) to promote and protect the exercise of human
rights, including freedom of speech and religion, through the
Internet;
``(xix) to build capacity of United States diplomatic
officials to engage on cyber issues;
``(xx) to encourage the development and adoption by foreign
countries of internationally recognized standards, policies,
and best practices; and
``(xxi) to promote and advance international policies that
protect individuals' private data.
``(3) Qualifications.--The head of the Office should be an
individual of demonstrated competency in the fields of--
``(A) cybersecurity and other relevant cyber issues; and
``(B) international diplomacy.
``(4) Organizational placement.--
``(A) Initial placement.--During the 4-year period
beginning on the date of the enactment of the Defending
American Security from Kremlin Aggression Act of 2018, the
head of the Office shall report to the Under Secretary for
Political Affairs or to an official holding a higher position
than the Under Secretary for Political Affairs in the
Department of State.
``(B) Subsequent placement.--After the conclusion of the 4-
year period referred to in subparagraph (A), the head of the
Office shall report to--
``(i) an appropriate Under Secretary; or
``(ii) an official holding a higher position than Under
Secretary.
``(5) Rule of construction.--Nothing in this subsection may
be construed to preclude--
``(A) the Office from being elevated to a Bureau within the
Department of State; or
``(B) the head of the Office from being elevated to an
Assistant Secretary, if such an Assistant Secretary position
does not increase the number of Assistant Secretary positions
at the Department above the number authorized under
subsection (c)(1).''.
(b) Sense of Congress.--It is the sense of Congress that
the Office of Cyberspace and the Digital Economy established
under section 1(g) of the State Department Basic Authorities
Act of 1956, as added by subsection (a)--
(1) should be a Bureau of the Department of State headed by
an Assistant Secretary, subject to the rule of construction
specified in paragraph (5)(B) of such section 1(g); and
(2) should coordinate with other bureaus of the Department
of State and use all tools at the disposal of the Office to
combat activities taken by the Russian Federation, or on
behalf of the Russian Federation, to undermine the
cybersecurity and democratic values of the United States and
other nations.
(c) United Nations.--The Permanent Representative of the
United States to the United Nations should use the voice,
vote, and influence of the United States to oppose any
measure that is inconsistent with the United States
international cyberspace policy strategy issued by the
Department of State in March 2016 pursuant to section 402 of
the Cybersecurity Act of 2015 (division N of Public Law 114-
113; 129 Stat. 2978).
SEC. 212. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Broadcasting Board of Governors and its grantee
networks have a critical mission to inform, engage, and
connect people around the world in support of freedom and
democracy; and
(2) those networks must adhere to professional journalistic
standards and integrity and not engage in disinformation
activities.
TITLE III--CHEMICAL WEAPONS NONPROLIFERATION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Chemical Weapons
Nonproliferation Act of 2018''.
SEC. 302. FINDINGS.
Congress makes the following findings:
(1) The international norm against the use of chemical
weapons has severely eroded since 2012. At least 4 actors
between 2012 and the date of the enactment of this Act have
used chemical weapons: Syria, North Korea, the Russian
Federation, and the Islamic State of Iraq and the Levant in
Iraq and Syria.
(2) On March 4, 2018, the Government of the Russian
Federation knowingly used novichok, a lethal chemical agent,
in an attempt to kill former Russian military intelligence
officer Sergei Skripal and his daughter Yulia, in Salisbury,
United Kingdom.
(3) On June 27, 2018, the Organisation for the Prohibition
of Chemical Weapons (in this title referred to as the
``OPCW''), during its Fourth Special Session of the
Conference of the States Parties to the Chemical Weapons
Convention, voted favorably in adopting a decision to ``put
in place arrangements to identify the perpetrators of the use
of chemical weapons in the Syrian Arab Republic by
identifying and reporting on all information potentially
relevant to the origin of those chemical weapons in those
instances in which the OPCW Fact-Finding Mission in Syria
determines or has determined that use or likely use occurred,
and cases for which the OPCW-UN Joint Investigative Mechanism
has not issued a report; and decide[d] also that the
Secretariat shall provide regular reports on its
investigations to the Council and to the United Nations
Secretary-General for their consideration''.
(4) The Government of the Russian Federation attempted to
impede the adoption of the identification mechanism in the
Fourth Special Session of the Conference of the States
Parties to the Chemical Weapons Convention, and has
repeatedly worked to degrade the OPCW's ability to identify
chemical weapons users.
(5) The Government of the Russian Federation has shown
itself to be unwilling or incapable of compelling the
President of Syria, Bashar al-Assad, an ally of the Russian
Federation, to stop using chemical weapons against the
civilian population in Syria.
(6) The United States remains steadfast in its commitment
to its key ally the United Kingdom, its commitment to the
mutual defense of the North Atlantic Treaty Organization, and
its commitment to the Chemical Weapons Convention.
(7) Thirty-four countries, including the United States,
have joined the International Partnership against Impunity
for the use of Chemical Weapons, which represents a political
commitment by participating countries to hold to account
persons responsible for the use of chemical weapons.
SEC. 303. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to protect and defend the interests of the United
States, allies of the United States, and the international
community at large from the continuing threat of chemical
weapons and their proliferation;
(2) to maintain a steadfast commitment to the Chemical
Weapons Convention and the OPCW;
(3) to promote and strengthen the investigative and
identification mechanisms of the OPCW through the provision
of additional resources and technical equipment to better
allow the OPCW to detect, identify, and attribute chemical
weapons attacks;
(4) to pressure the Government of the Russian Federation to
halt its efforts to degrade the international efforts of the
United Nations and the OPCW to investigate chemical weapons
attacks and to designate perpetrators of such attacks by--
(A) highlighting within international fora, including the
United Nations General Assembly and the OPCW, the repeated
efforts of the Government of the Russian Federation to
degrade international efforts to investigate chemical weapons
attacks; and
(B) consulting with allies and partners of the United
States with respect to methods for strengthening the
investigative mechanisms of the OPCW;
(5) to examine additional avenues for investigating,
identifying, and holding accountable chemical weapons users
if the Government of the Russian Federation continues in its
attempts to block or hinder investigations of the OPCW; and
(6) to punish the Government of the Russian Federation for,
and deter that Government from, any chemical weapons
production and use through the imposition of sanctions,
diplomatic isolation, and the use of the mechanisms specified
in the Chemical Weapons Convention for violations of the
Convention.
SEC. 304. REPORT ON USE OF CHEMICAL WEAPONS BY THE RUSSIAN
FEDERATION.
Not later than 30 days after the date of the enactment of
this Act, and annually thereafter, the Legal Adviser of the
Department of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report that includes an
assessment of--
(1) whether the certification of the noncompliance of the
Russian Federation with the Chemical Weapons Convention in
the report of the Department of State entitled ``Adherence to
and Compliance with Arms Control, Nonproliferation, and
Disarmament Agreements and Commitments'', submitted to
Congress pursuant to section 403 of the Arms Control and
Disarmament Act (22 U.S.C. 2593a), and dated April 2018, is a
legal determination of the use of chemical weapons by the
Government of the Russian Federation;
(2) whether the mandatory sanctions required by the
Chemical and Biological Weapons and Warfare Elimination Act
of 1991 (22 U.S.C. 5601 et seq.) have been imposed with
respect to the Russian Federation; and
(3) whether the Government of the Russian Federation has
taken any steps to avoid additional sanctions required by
that Act within the 3-month period specified in section
307(b)(1) of that Act (22 U.S.C. 5605(b)(1)) after a
determination of the use of chemical weapons under section
306(a)(1) of that Act (22 U.S.C. 5604(a)(1)).
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary of State $30,000,000 for each of fiscal years
2019 through 2023, to be provided to the OPCW as a voluntary
contribution pursuant to section 301(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2221(a)) for the purpose of
strengthening the OPCW's investigative and identification
mechanisms for chemical weapons attacks.
(b) Availability of Funds.--Amounts authorized to be
appropriated pursuant to subsection (a) shall remain
available until expended.
SEC. 306. CHEMICAL WEAPONS CONVENTION DEFINED.
In this title, the term ``Chemical Weapons Convention''
means the Convention on the
[[Page S5842]]
Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on their Destruction, done at
Geneva September 3, 1992, and entered into force April 29,
1997.
TITLE IV--INTERNATIONAL CYBERCRIME PREVENTION ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``International Cybercrime
Prevention Act''.
SEC. 402. PREDICATE OFFENSES.
Part I of title 18, United States Code, is amended--
(1) in section 1956(c)(7)(D)--
(A) by striking ``or section 2339D'' and inserting
``section 2339D''; and
(B) by striking ``of this title, section 46502'' and
inserting ``, or section 2512 (relating to the manufacture,
distribution, possession, and advertising of wire, oral, or
electronic communication intercepting devices) of this title,
section 46502''; and
(2) in section 1961(1), by inserting ``section 1030
(relating to fraud and related activity in connection with
computers) if the act indictable under section 1030 is
felonious,'' before ``section 1084''.
SEC. 403. FORFEITURE.
(a) In General.--Section 2513 of title 18, United States
Code, is amended to read as follows:
``Sec. 2513. Confiscation of wire, oral, or electronic
communication intercepting devices and other property
``(a) Criminal Forfeiture.--
``(1) In general.--The court, in imposing a sentence on any
person convicted of a violation of section 2511 or 2512, or
convicted of conspiracy to violate section 2511 or 2512,
shall order, in addition to any other sentence imposed and
irrespective of any provision of State law, that such person
forfeit to the United States--
``(A) such person's interest in any property, real or
personal, that was used or intended to be used to commit or
to facilitate the commission of such violation; and
``(B) any property, real or personal, constituting or
derived from any gross proceeds, or any property traceable to
such property, that such person obtained or retained directly
or indirectly as a result of such violation.
``(2) Forfeiture procedures.--Pursuant to section 2461(c)
of title 28, the provisions of section 413 of the Controlled
Substances Act (21 U.S.C. 853), other than subsection (d)
thereof, shall apply to criminal forfeitures under this
subsection.
``(b) Civil Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States in accordance with provisions
of chapter 46 and no property right shall exist in them:
``(A) Any property, real or personal, used or intended to
be used, in any manner, to commit, or facilitate the
commission of a violation of section 2511 or 2512, or a
conspiracy to violate section 2511 or 2512.
``(B) Any property, real or personal, constituting, or
traceable to the gross proceeds taken, obtained, or retained
in connection with or as a result of a violation of section
2511 or 2512, or a conspiracy to violate section 2511 or
2512.
``(2) Forfeiture procedures.--Seizures and forfeitures
under this subsection shall be governed by the provisions of
chapter 46, relating to civil forfeitures, except that such
duties as are imposed on the Secretary of the Treasury under
the customs laws described in section 981(d) shall be
performed by such officers, agents, and other persons as may
be designated for that purpose by the Secretary of Homeland
Security or the Attorney General.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 119 is amended by striking the item
relating to section 2513 and inserting the following:
``2513. Confiscation of wire, oral, or electronic communication
intercepting devices and other property.''.
SEC. 404. SHUTTING DOWN BOTNETS.
(a) Amendment.--Section 1345 of title 18, United States
Code, is amended--
(1) in the heading, by inserting ``and abuse'' after
``fraud'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or'' at the end;
(ii) in subparagraph (C), by inserting ``or'' after the
semicolon; and
(iii) by inserting after subparagraph (C) the following:
``(D) violating or about to violate section 1030(a)(5) of
this title where such conduct has caused or would cause
damage (as defined in section 1030) without authorization to
100 or more protected computers (as defined in section 1030)
during any 1-year period, including by--
``(i) impairing the availability or integrity of the
protected computers without authorization; or
``(ii) installing or maintaining control over malicious
software on the protected computers that, without
authorization, has caused or would cause damage to the
protected computers;''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``, a violation described in subsection
(a)(1)(D),'' before ``or a Federal''; and
(3) by adding at the end the following:
``(c) A restraining order, prohibition, or other action
described in subsection (b), if issued in circumstances
described in subsection (a)(1)(D), may, upon application of
the Attorney General--
``(1) specify that no cause of action shall lie in any
court against a person for complying with the restraining
order, prohibition, or other action; and
``(2) provide that the United States shall pay to such
person a fee for reimbursement for such costs as are
reasonably necessary and which have been directly incurred in
complying with the restraining order, prohibition, or other
action.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 63 of title 18, United States Code, is
amended by striking the item relating to section 1345 and
inserting the following:
``1345. Injunctions against fraud and abuse.''.
SEC. 405. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE
COMPUTER.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by inserting after section 1030 the
following:
``Sec. 1030A. Aggravated damage to a critical infrastructure
computer
``(a) Offense.--It shall be unlawful, during and in
relation to a felony violation of section 1030, to knowingly
cause or attempt to cause damage to a critical infrastructure
computer, if such damage results in (or, in the case of an
attempted offense, would, if completed, have resulted in) the
substantial impairment--
``(1) of the operation of the critical infrastructure
computer; or
``(2) of the critical infrastructure associated with such
computer.
``(b) Penalty.--Any person who violates subsection (a)
shall, in addition to the term of punishment provided for the
felony violation of section 1030, be fined under this title,
imprisoned for not more than 20 years, or both.
``(c) Consecutive Sentence.--Notwithstanding any other
provision of law--
``(1) a court shall not place any person convicted of a
violation of this section on probation;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any term of imprisonment imposed on the
person under any other provision of law, including any term
of imprisonment imposed for the felony violation of section
1030;
``(3) in determining any term of imprisonment to be imposed
for the felony violation of section 1030, a court shall not
in any way reduce the term to be imposed for such violation
to compensate for, or otherwise take into account, any
separate term of imprisonment imposed or to be imposed for a
violation of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the
court, run concurrently, in whole or in part, only with
another term of imprisonment that is imposed by the court at
the same time on that person for an additional violation of
this section, if such discretion shall be exercised in
accordance with any applicable guidelines and policy
statements issued by the United States Sentencing Commission
pursuant to section 994 of title 28.
``(d) Definitions.--In this section--
``(1) the terms `computer' and `damage' have the meanings
given the terms in section 1030; and
``(2) the term `critical infrastructure' means systems and
assets, whether physical or virtual, so vital to the United
States that the incapacity or destruction of such systems and
assets would have catastrophic regional or national effects
on public health or safety, economic security, or national
security, including voter registration databases, voting
machines, and other communications systems that manage the
election process or report and display results on behalf of
State and local governments.''.
(b) Table of Sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by inserting
after the item relating to section 1030 the following:
``1030A. Aggravated damage to a critical infrastructure computer.''.
SEC. 406. STOPPING TRAFFICKING IN BOTNETS; FORFEITURE.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by adding ``or'' at the end; and
(B) by inserting after paragraph (7) the following:
``(8) intentionally traffics in the means of access to a
protected computer, if--
``(A) the trafficker knows or has reason to know the
protected computer has been damaged in a manner prohibited by
this section; and
``(B) the promise or agreement to pay for the means of
access is made by, or on behalf of, a person the trafficker
knows or has reason to know intends to use the means of
access to--
``(i) damage a protected computer in a manner prohibited by
this section; or
``(ii) violate section 1037 or 1343;'';
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``(a)(4) or (a)(7)''
and inserting ``(a)(4), (a)(7), or (a)(8)''; and
(B) in subparagraph (B), by striking ``(a)(4), or (a)(7)''
and inserting ``(a)(4), (a)(7), or (a)(8)''; and
(3) in subsection (e)--
(A) in paragraph (11), by striking ``and'' at the end;
[[Page S5843]]
(B) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) the term `traffic', except as provided in subsection
(a)(6), means transfer, or otherwise dispose of, to another
as consideration for the receipt of, or as consideration for
a promise or agreement to pay, anything of pecuniary
value.'';
(4) in subsection (g), in the first sentence, by inserting
``, except for a violation of subsection (a)(8),'' after ``of
this section''; and
(5) by striking subsections (i) and (j) and inserting the
following:
``(i) Criminal Forfeiture.--
``(1) The court, in imposing sentence on any person
convicted of a violation of this section, or convicted of
conspiracy to violate this section, shall order, in addition
to any other sentence imposed and irrespective of any
provision of State law, that such person forfeit to the
United States--
``(A) such person's interest in any property, real or
personal, that was used or intended to be used to commit or
to facilitate the commission of such violation; and
``(B) any property, real or personal, constituting or
derived from any gross proceeds, or any property traceable to
such property, that such person obtained, directly or
indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this
subsection, including any seizure and disposition of the
property, and any related judicial or administrative
proceeding, shall be governed by the provisions of section
413 of the Controlled Substances Act (21 U.S.C. 853), except
subsection (d) of that section.
``(j) Civil Forfeiture of Property Used in the Commission
of an Offense.--
``(1) Any personal property, including any Internet domain
name or Internet Protocol address, that was used or intended
to be used to commit or to facilitate the commission of any
violation of this section, or a conspiracy to violate this
section shall be subject to forfeiture to the United States,
and no property right shall exist in such property.
``(2) Seizures and forfeitures under this subsection shall
be governed by the provisions of chapter 46 relating to civil
forfeitures, except that such duties as are imposed on the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents,
and other persons as may be designated for that purpose by
the Secretary of Homeland Security or the Attorney
General.''.
TITLE V--COMBATING ELECTION INTERFERENCE
SEC. 501. PROHIBITION ON INTERFERENCE WITH VOTING SYSTEMS.
Section 1030(e) of title 18, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by adding ``or'' at the end; and
(C) by adding at the end the following:
``(C) that--
``(i) is part of a voting system; and
``(ii)(I) is used for the management, support, or
administration of a Federal election; or
``(II) has moved in or otherwise affects interstate or
foreign commerce;'';
(2) in paragraph (11), by striking ``and'' at the end;
(3) in paragraph (12), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(13) the term `Federal election' means any election (as
defined in section 301(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(1))) for Federal office (as
defined in section 301(3) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(3))); and
``(14) the term `voting system' has the meaning given the
term in section 301(b) of the Help America Vote Act of 2002
(52 U.S.C. 21081(b).''.
SEC. 502. INADMISSIBILITY OF ALIENS SEEKING TO INTERFERE IN
UNITED STATES ELECTIONS.
(a) Defined Term.--Section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)) is amended by adding at
the end the following:
``(53) The term `improper interference in a United States
election' means conduct by an alien that--
``(A)(i) violates Federal criminal, voting rights, or
campaign finance law; or
``(ii) is under the direction of a foreign government; and
``(B) interferes with a general or primary Federal, State,
or local election or caucus, including--
``(i) the campaign of a candidate; and
``(ii) a ballot measure, including--
``(I) an amendment;
``(II) a bond issue;
``(III) an initiative;
``(IV) a recall;
``(V) a referral; and
``(VI) a referendum.''.
(b) Improper Interference in United States Elections.--
Section 212(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)) is amended by adding at the end the
following:
``(H) Improper interference in a united states election.--
Any alien who is seeking admission to the United States to
engage in improper interference in a United States election,
or who has engaged in improper interference in a United
States election, is inadmissible.''.
TITLE VI--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
Subtitle A--Expansion of Countering America's Adversaries Through
Sanctions Act
SEC. 601. IMPOSITION OF ADDITIONAL SANCTIONS WITH RESPECT TO
THE RUSSIAN FEDERATION.
(a) In General.--Part 2 of subtitle A of title II of the
Countering America's Adversaries Through Sanctions Act (22
U.S.C. 9521 et seq.) is amended--
(1) by redesignating sections 235, 236, 237, and 238 as
sections 239A, 239B, 239D, and 239E, respectively; and
(2) by inserting after section 234 the following:
``SEC. 235. SANCTIONS WITH RESPECT TO TRANSACTIONS WITH
CERTAIN RUSSIAN POLITICAL FIGURES AND
OLIGARCHS.
``On and after that date that is 180 days after the date of
the enactment of the Defending American Security from Kremlin
Aggression Act of 2018, the President shall impose the
sanctions described in section 224(b) with respect to--
``(1) political figures, oligarchs, and other persons that
facilitate illicit and corrupt activities, directly or
indirectly, on behalf of the President of the Russian
Federation, Vladimir Putin, and persons acting for or on
behalf of such political figures, oligarchs, and persons;
``(2) Russian parastatal entities that facilitate illicit
and corrupt activities, directly or indirectly, on behalf of
the President of the Russian Federation, Vladimir Putin;
``(3) family members of persons described in paragraph (1)
or (2) that derive significant benefits from such illicit and
corrupt activities; and
``(4) persons, including financial institutions, engaging
in significant transactions with persons described in
paragraph (1), (2), or (3).
``SEC. 236. SANCTIONS WITH RESPECT TO TRANSACTIONS RELATED TO
INVESTMENTS IN ENERGY PROJECTS SUPPORTED BY
RUSSIAN STATE-OWNED OR PARASTATAL ENTITIES
OUTSIDE OF THE RUSSIAN FEDERATION.
``On and after the date that is 180 days after the date of
the enactment of the Defending American Security from Kremlin
Aggression Act of 2018, the President shall impose five or
more of the sanctions described in section 239A with respect
to a person if the Secretary of the Treasury determines that
the person knowingly, on or after such date of enactment,
invests in an energy project outside of the Russian
Federation--
``(1) that is supported by a Russian parastatal entity or
an entity owned or controlled by the Government of the
Russian Federation; and
``(2) the total value of which exceeds or is reasonably
expected to exceed $250,000,000.
``SEC. 237. SANCTIONS WITH RESPECT TO SUPPORT FOR THE
DEVELOPMENT OF CRUDE OIL RESOURCES IN THE
RUSSIAN FEDERATION.
``(a) In General.--The President shall impose five or more
of the sanctions described in section 239A with respect to a
person if the President determines that the person knowingly,
on or after the date of the enactment of the Defending
American Security from Kremlin Aggression Act of 2018, sells,
leases, or provides to the Russian Federation goods,
services, technology, financing, or support described in
subsection (b)--
``(1) any of which has a fair market value of $1,000,000 or
more; or
``(2) that, during a 12-month period, have an aggregate
fair market value of $5,000,000 or more.
``(b) Goods, Services, Technology, Financing, or Support
Described.--Goods, services, technology, financing, or
support described in this subsection are goods, services,
technology, financing or support that could directly and
significantly contribute to the Russian Federation's--
``(1) ability to develop crude oil resources located in the
Russian Federation; or
``(2) production of crude oil resources in the Russian
Federation, including any direct and significant assistance
with respect to the construction, modernization, or repair of
infrastructure that would facilitate the development of crude
oil resources located in the Russian Federation.
``(c) Applicability.--The requirement to impose sanctions
under subsection (a) shall not apply with respect to the
maintenance of projects that are ongoing as of the date of
the enactment of the Defending American Security from Kremlin
Aggression Act of 2018.
``(d) Requirement to Issue Guidance.--Not later than 90
days after the date of enactment of the Defending American
Security from Kremlin Aggression Act of 2018, the Secretary
of State, in consultation with the Secretary of the Treasury
and the Secretary of Energy, shall issue regulations--
``(1) clarifying how the exception under subsection (c)
will be applied; and
``(2) listing specific goods, services, technology,
financing, and support covered by subsection (b).
``SEC. 238. PROHIBITION ON AND SANCTIONS WITH RESPECT TO
TRANSACTIONS RELATING TO NEW SOVEREIGN DEBT OF
THE RUSSIAN FEDERATION.
``(a) In General.--Not later than 90 days after the date of
the enactment of the Defending American Security from Kremlin
Aggression Act of 2018, the President shall--
``(1) prescribe regulations prohibiting United States
persons from engaging in transactions with, providing
financing for, or
[[Page S5844]]
in any other way dealing in Russian sovereign debt issued on
or after the date that is 180 days after such date of
enactment; and
``(2) exercise all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in all property and interests in property of one
or more of the Russian financial institutions specified in
subsection (b) if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
``(b) Russian Financial Institutions Specified.--The
Russian financial institutions specified in this subsection
are the following:
``(1) Vnesheconombank.
``(2) Sberbank.
``(3) VTB Bank.
``(4) Gazprombank.
``(5) Bank of Moscow.
``(6) Rosselkhozbank.
``(7) Promsvyazbank.
``(8) Vnesheconombank.
``(c) Russian Sovereign Debt Defined.--In this section, the
term `Russian sovereign debt' means--
``(1) bonds issued by the Central Bank, the National Wealth
Fund, or the Federal Treasury of the Russian Federation, or
agents or affiliates of any of those entities, with a
maturity of more than 14 days;
``(2) foreign exchange swap agreements with the Central
Bank, the National Wealth Fund, or the Federal Treasury of
the Russian Federation with a duration of more than 14 days;
and
``(3) any other financial instrument, the duration or
maturity of which is more than 14 days, that--
``(A) the President determines represents the sovereign
debt of the Government of the Russian Federation; or
``(B) is issued by a Russian financial institution
specified in subsection (b).
``SEC. 239. SANCTIONS WITH RESPECT TO TRANSACTIONS WITH THE
CYBER SECTOR OF THE RUSSIAN FEDERATION.
``On and after the date that is 60 days after the date of
the enactment of the Defending American Security from Kremlin
Aggression Act of 2018, the President shall impose five or
more of the sanctions described in section 239A with respect
to any person, including any financial institution, that the
President determines--
``(1) engages in significant transactions with any person
in the Russian Federation that has the capacity or ability to
support or facilitate malicious cyber activities; or
``(2) is owned or controlled by, or acts or purports to act
for or on behalf of, directly or indirectly, a person that
engages in significant transactions described in paragraph
(1).''.
(b) Sanctions Described.--Section 239A(a) of the Countering
America's Adversaries Through Sanctions Act, as redesignated
by subsection (a)(1), is amended in the matter preceding
paragraph (1) by striking ``or 233(a)'' each place it appears
and inserting ``233(a), 236, 237, or 239''.
(c) Termination.--Section 239B(c) of the Countering
America's Adversaries Through Sanctions Act, as redesignated
by subsection (a)(1), is amended by striking ``or 234'' and
inserting ``234, 235, 236, 237, 238, or 239''.
(d) Implementation and Penalties.--Part 2 of subtitle A of
title II of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9521 et seq.) is amended by
inserting after section 239A, as redesignated by subsection
(a)(1), the following:
``SEC. 239C. IMPLEMENTATION AND PENALTIES.
``(a) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this part.
``(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
part or any regulation, license, or order issued to carry out
this part shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.''.
(e) Clerical Amendment.--The table of contents for the
Countering America's Adversaries Through Sanctions Act is
amended by striking the items relating to sections 235
through 238 and inserting the following:
``Sec. 235. Sanctions with respect to transactions with certain Russian
political figures and oligarchs.
``Sec. 236. Sanctions with respect to transactions related to
investments in energy projects supported by Russian
state-owned or parastatal entities outside of the Russian
Federation.
``Sec. 237. Sanctions with respect to support for the development of
crude oil resources in the Russian Federation.
``Sec. 238. Prohibition on and sanctions with respect to transactions
relating to new sovereign debt of the Russian Federation.
``Sec. 239. Sanctions with respect to transactions with the cyber
sector of the Russian Federation.
``Sec. 239A. Sanctions described.
``Sec. 239B. Exceptions, waiver, and termination.
``Sec. 239C. Implementation and penalties.
``Sec. 239D. Exception relating to activities of the National
Aeronautics and Space Administration.
``Sec. 239E. Rule of construction.''.
(f) Conforming Amendments.--Part 2 of subtitle A of title
II of the Countering America's Adversaries Through Sanctions
Act (22 U.S.C. 9521 et seq.), as amended by this section, is
further amended--
(1) in section 231, by striking subsection (e); and
(2) by striking ``section 235'' each place it appears and
inserting ``section 239A''.
(g) Guidance.--The President shall, in a prompt and timely
way, publish guidance on the implementation of this subtitle
and the amendments made by this subtitle and any regulations
prescribed pursuant to this subtitle or any such amendment.
SEC. 602. CONGRESSIONAL REVIEW AND CONTINUED APPLICABILITY OF
SANCTIONS UNDER THE SERGEI MAGNITSKY RULE OF
LAW ACCOUNTABILITY ACT OF 2012.
Section 216(a)(2)(B)(i) of the Russia Sanctions Review Act
of 2017 (22 U.S.C. 9511(a)(2)(B)(i)) is amended--
(1) in subclause (II), by striking ``; or'' and inserting a
semicolon;
(2) in subclause (III), by striking ``; and'' and inserting
``; or''; and
(3) by adding at the end the following:
``(IV) the Sergei Magnitsky Rule of Law Accountability Act
of 2012 (title IV of Public Law 112-208; 22 U.S.C. 5811
note); and''.
Subtitle B--Coordination With the European Union
SEC. 611. SENSE OF CONGRESS ON COORDINATION WITH ALLIES WITH
RESPECT TO SANCTIONS WITH RESPECT TO THE
RUSSIAN FEDERATION.
It is the sense of Congress that the President should--
(1) continue to uphold and seek unity with European and
other key partners with respect to sanctions implemented with
respect to the Russian Federation, which have been effective
and instrumental in countering the aggression of the Russian
Federation;
(2) engage to the fullest extent possible with governments
that are partners of the United States with regard to closing
loopholes, including the allowance of extended prepayment for
the delivery of goods and commodities and other loopholes, in
multilateral and unilateral restrictive measures against the
Russian Federation, with the aim of maximizing alignment of
those measures; and
(3) increase efforts to vigorously enforce compliance with
sanctions in place as of the date of the enactment of this
Act with respect to the Russian Federation in response to the
crises in Ukraine and Syria, cyber intrusions and attacks,
and human rights violators in the Russian Federation.
SEC. 612. OFFICE OF SANCTIONS COORDINATION OF THE DEPARTMENT
OF STATE.
(a) In General.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), as amended by
section 211, is further amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Office of Sanctions Coordination.--
``(1) In general.--There is established, within the
Department of State, an Office of Sanctions Coordination
(referred to in this subsection as the `Office').
``(2) Head.--The head of the Office shall--
``(A) have the rank and status of ambassador;
``(B) be appointed by the President, by and with the advice
and consent of the Senate; and
``(C) report to the Under Secretary for Political Affairs.
``(3) Duties.--The head of the Office shall--
``(A) serve as the principal advisor to the senior
management of the Department and the Secretary regarding the
role of the Department in the development and implementation
of sanctions policy, including sanctions with respect to the
Russian Federation, Iran, North Korea, and other countries;
``(B) represent the United States in diplomatic and
multilateral fora on sanctions matters;
``(C) consult and closely coordinate with the European
Union to ensure the maximum effectiveness of sanctions
imposed by the United States and the European Union with
respect to the Russian Federation;
``(D) advise the Secretary directly and provide input with
respect to all activities, policies, and programs of all
bureaus and offices of the Department relating to the
implementation of sanctions policy; and
``(E) serve as the principal liaison of the Department to
other Federal agencies involved in the design and
implementation of sanctions policy.
``(4) Rule of construction.--Nothing in this subsection may
be construed to preclude--
``(A) the Office from being elevated to a Bureau within the
Department; or
``(B) the head of the Office from being elevated to level
of an Assistant Secretary.''.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the President shall submit to
the appropriate congressional committees a report detailing
the efforts of the Office of Sanctions Coordination
established under the amendments made by subsection (a) to
coordinate sanctions policy with the European Union.
[[Page S5845]]
SEC. 613. REPORT ON COORDINATION OF SANCTIONS BETWEEN THE
UNITED STATES AND EUROPEAN UNION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report that includes the following:
(1) A description of each instance, during the period
specified in subsection (b)--
(A) in which the United States has imposed sanctions with
respect to a person for activity related to the Russian
Federation, but in which the European Union has not imposed
corresponding sanctions; and
(B) in which the European Union has imposed sanctions with
respect to a person for activity related to the Russian
Federation, but in which the United States has not imposed
corresponding sanctions.
(2) An explanation for the reason for each discrepancy
between sanctions imposed by the European Union and sanctions
imposed by the United States described in subparagraphs (A)
and (B) of paragraph (1).
(b) Period Specified.--The period specified in this
subsection is--
(1) in the case of the first report submitted under
subsection (a), the period beginning on the date of the
enactment of this Act and ending on the date the report is
submitted; and
(2) in the case of a subsequent such report, the 180-day
period preceding the submission of the report.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form but may include a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of
the House of Representatives.
Subtitle C--Reports Relating to Sanctions With Respect to the Russian
Federation
SEC. 621. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of
the House of Representatives.
(2) Senior foreign political figure.--The term ``senior
foreign political figure'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
SEC. 622. UPDATED REPORT ON OLIGARCHS AND PARASTATAL ENTITIES
OF THE RUSSIAN FEDERATION.
Section 241 of the Countering America's Adversaries Through
Sanctions Act (Public Law 115-44; 131 Stat. 922) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following:
``(b) Updated Report.--Not later than 180 days after the
date of the enactment of the Defending American Security from
Kremlin Aggression Act of 2018, the Secretary of the
Treasury, in consultation with the Director of National
Intelligence and the Secretary of State, shall submit to the
appropriate congressional committees an updated report on
oligarchs and parastatal entities of the Russian Federation
that builds on the report submitted under subsection (a) on
January 29, 2018, and that includes the matters described in
paragraphs (1) through (5) of subsection (a).''; and
(3) in subsection (c), as redesignated by paragraph (1), by
striking ``The report required under subsection (a)'' and
inserting ``The reports required by subsections (a) and
(b)''.
SEC. 623. REPORT ON THE PERSONAL NET WORTH AND ASSETS OF
VLADIMIR PUTIN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a detailed report on the personal net worth and
assets of the President of the Russian Federation, Vladimir
Putin, including--
(1) the estimated net worth and known sources of income of
Vladimir Putin and his family members, including assets,
investments, bank accounts, other business interests, and
relevant beneficial ownership information; and
(2) an identification of the most significant senior
foreign political figures and oligarchs in the Russian
Federation, as determined by their closeness to Vladimir
Putin.
(b) Form of Report.--The report required under subsection
(a) shall be submitted in an unclassified form but may
include a classified annex.
SEC. 624. REPORT ON SECTION 224 OF THE COUNTERING AMERICA'S
ADVERSARIES THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that describes
the persons that the President has determined under section
224(a)(1)(A) of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9524(a)(1)(A)) knowingly engaged, on
or after August 2, 2017, and before the date of the report,
in significant activities undermining cybersecurity against
any person, including a democratic institution or government
on behalf of the Government of the Russian Federation.
(b) Elements.--The report required by subsection (a) shall
contain the following:
(1) A list of the persons described in subsection (a).
(2) A description of diplomatic efforts to work with
governments and democratic institutions in other countries
the cybersecurity of which the President determines has been
undermined by the Government of the Russian Federation.
(c) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the
President shall submit to the appropriate congressional
committees an update to the report required by subsection
(a).
SEC. 625. REPORT ON SECTION 225 OF THE COUNTERING AMERICA'S
ADVERSARIES THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that describes
the foreign persons that the President has determined under
section 4(b)(1) of the Ukraine Freedom Support Act of 2014
(22 U.S.C. 8923(b)(1)), as amended by section 225 of the
Countering America's Adversaries Through Sanctions Act
(Public Law 115-44; 131 Stat. 910), have knowingly, on or
after August 2, 2017, and before the date of the report, made
a significant investment in a special Russian crude oil
project.
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the
President shall submit to the appropriate congressional
committees an update to the report required by subsection
(a).
SEC. 626. REPORT ON SECTION 226 OF THE COUNTERING AMERICA'S
ADVERSARIES THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that describes
the foreign financial institutions that the President has
determined under section 5(a) of the Ukraine Freedom Support
Act of 2014 (22 U.S.C. 8924(a)), as amended by section 226 of
the Countering America's Adversaries Through Sanctions Act
(Public Law 115-44; 131 Stat. 910), have knowingly engaged,
on or after August 2, 2017, and before the date of the
report, in significant transactions involving significant
investments in a special Russian crude oil project described
in section 4(b)(1) of the Ukraine Freedom Support Act of
2014.
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the
President shall submit to the appropriate congressional
committees an update to the report required by subsection
(a).
SEC. 627. REPORT ON SECTION 228 OF THE COUNTERING AMERICA'S
ADVERSARIES THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that describes
the foreign persons that the President has determined under
subsection (a) of section 10 of the Support for the
Sovereignty, Integrity, Democracy, and Economic Stability of
Ukraine Act of 2014 (22 U.S.C. 8909), as added by section 228
of the Countering America's Adversaries Through Sanctions Act
(Public Law 115-44; 131 Stat. 911), have, on or after August
2, 2017, and before the date of the report--
(1) materially violated, attempted to violate, conspired to
violate, or caused a violation of any license, order,
regulation, or prohibition contained in or issued pursuant to
any covered Executive order (as defined in subsection (f) of
such section 10), the Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014 (22
U.S.C. 8901 et seq.), or the Ukraine Freedom Support Act of
2014 (22 U.S.C. 8921 et seq.); or
(2) facilitated a significant transaction or transactions,
including deceptive or structured transactions, for or on
behalf of--
(A) any person subject to sanctions imposed by the United
States with respect to the Russian Federation; or
(B) any child, spouse, parent, or sibling of an individual
described in subparagraph (A).
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the
President shall submit to the appropriate congressional
committees an update to the report required by subsection
(a).
SEC. 628. REPORT ON SECTION 233 OF THE COUNTERING AMERICA'S
ADVERSARIES THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that describes
the foreign persons that the President has determined under
section 233 of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9527) have
[[Page S5846]]
made, on or after August 2, 2017, and before the date of the
report, an investment of $10,000,000 or more (or any
combination of investments of not less than $1,000,000 each,
which in the aggregate equals or exceeds $10,000,000 in any
12-month period), or facilitates such an investment, if the
investment directly and significantly contributes to the
ability of the Russian Federation to privatize state-owned
assets in a manner that unjustly benefits--
(1) officials of the Government of the Russian Federation;
or
(2) close associates or family members of those officials.
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the
President shall submit to the appropriate congressional
committees an update to the report required by subsection
(a).
SEC. 629. REPORT ON SECTION 234 OF THE COUNTERING AMERICA'S
ADVERSARIES THROUGH SANCTIONS ACT.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that describes
the foreign persons that the President has determined under
section 234 of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9528) have knowingly, on or after
August 2, 2017, and before the date of the report, exported,
transferred, or otherwise provided to Syria significant
financial, material, or technological support that
contributes materially to the ability of the Government of
Syria to--
(1) acquire or develop chemical, biological, or nuclear
weapons or related technologies;
(2) acquire or develop ballistic or cruise missile
capabilities;
(3) acquire or develop destabilizing numbers and types of
advanced conventional weapons;
(4) acquire significant defense articles, defense services,
or defense information (as such terms are defined under the
Arms Export Control Act (22 U.S.C. 2751 et seq.)); or
(5) acquire items designated by the President for purposes
of the United States Munitions List under section 38(a)(1) of
the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(b) Updates.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the
President shall submit to the appropriate congressional
committees an update to the report required by subsection
(a).
Subtitle D--General Provisions
SEC. 631. EXCEPTION RELATING TO ACTIVITIES OF THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION.
(a) In General.--This title and the amendments made by this
title shall not apply with respect to activities of the
National Aeronautics and Space Administration.
(b) Rule of Construction.--Nothing in this title or the
amendments made by this title shall be construed to authorize
the imposition of any sanction or other condition,
limitation, restriction, or prohibition, that directly or
indirectly impedes the supply by any entity of the Russian
Federation of any product or service, or the procurement of
such product or service by any contractor or subcontractor of
the United States or any other entity, relating to or in
connection with any space launch conducted for--
(1) the National Aeronautics and Space Administration; or
(2) any other non-Department of Defense customer.
SEC. 632. RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title
shall be construed--
(1) to supersede the limitations or exceptions on the use
of rocket engines for national security purposes under
section 1608 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3626; 10 U.S.C. 2271 note), as
amended by section 1607 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1100)
and section 1602 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2582); or
(2) to prohibit a contractor or subcontractor of the
Department of Defense from acquiring components referred to
in such section 1608.
TITLE VII--OTHER MATTERS RELATING TO THE RUSSIAN FEDERATION
SEC. 701. DETERMINATION ON DESIGNATION OF THE RUSSIAN
FEDERATION AS A STATE SPONSOR OF TERRORISM.
(a) Determination.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a
determination of whether the Russian Federation meets the
criteria for designation as a state sponsor of terrorism.
(2) Form.--The determination required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex, if appropriate.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(2) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined is a government that has
repeatedly provided support for acts of international
terrorism, for purposes of--
(A) section 1754(c)(1)(A)(i) of the Export Control Reform
Act of 2018;
(B) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(D) any other provision of law.
SEC. 702. EXPANSION OF GEOGRAPHIC TARGETING ORDERS OF
FINANCIAL CRIMES ENFORCEMENT NETWORK.
(a) In General.--Section 5326 of title 31, United States
Code, is amended by adding at the end the following:
``(e) Reporting by Title Insurance Companies.--
``(1) In general.--The Secretary shall issue an order under
subsection (a) requiring a domestic title insurance company
to obtain, maintain, and report to the Secretary information
on the beneficial owners of entities that purchase
residential real estate in high-value transactions in which
the domestic title insurance company is involved.
``(2) Definitions.--In this subsection:
``(A) Beneficial owner.--The term `beneficial owner', with
respect to an entity, means an individual who, directly or
indirectly, owns 25 percent or more of the equity interests
in the entity.
``(B) Domestic title insurance company.--The term `domestic
title insurance company' has the meaning given that term in
regulations prescribed by the Secretary.
``(C) High-value transaction.--The term `high-value', with
respect to a real estate transaction, has the meaning given
that term in regulations prescribed by the Secretary based on
the real estate market in which the transaction takes
place.''.
(b) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall prescribe regulations to carry out the amendment made
by subsection (a).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out the amendment made by subsection (a).
SEC. 703. EXTENSION OF LIMITATIONS ON IMPORTATION OF URANIUM
FROM RUSSIAN FEDERATION.
Section 3112A(c) of the USEC Privatization Act (42 U.S.C.
2297h-10a(c)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (vi), by striking ``; and'' and inserting a
semicolon;
(B) in clause (vii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(viii) in calendar year 2021, 463,620 kilograms;
``(ix) in calendar year 2022, 456,930 kilograms;
``(x) in calendar year 2023, 449,810 kilograms;
``(xi) in calendar year 2024, 435,933 kilograms;
``(xii) in calendar year 2025, 421,659 kilograms;
``(xiii) in calendar year 2026, 421,659 kilograms;
``(xiv) in calendar year 2027, 394,072 kilograms;
``(xv) in calendar year 2028, 386,951 kilograms;
``(xvi) in calendar year 2029, 386,951 kilograms; and
``(xvii) in calendar year 2030, 375,791 kilograms.'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking the semicolon and
inserting ``; or'';
(B) in subparagraph (B), by striking ``; or'' and inserting
a period; and
(C) by striking subparagraph (C);
(3) in paragraph (5)(A), by striking ``reference data'' and
all that follows through ``2019'' and inserting the
following: ``lower scenario data in the document of the World
Nuclear Association entitled `Nuclear Fuel Report: Global
Scenarios for Demand and Supply Availability 2017-2035'. In
each of calendar years 2022, 2025, and 2028''; and
(4) in paragraph (9), by striking ``December 31, 2020'' and
inserting ``December 31, 2030''.
SEC. 704. ESTABLISHMENT OF A NATIONAL FUSION CENTER TO
RESPOND TO THREATS FROM THE GOVERNMENT OF THE
RUSSIAN FEDERATION.
(a) Establishment.--There is established a National Fusion
Center to Respond to Hybrid Threats, which shall focus
primarily on such threats from the Government of the Russian
Federation, and shall be chaired by senior United States
Government officials from participating agencies (in this
section referred to as the ``Center'').
(b) Mission.--The primary missions of the Center are as
follows:
(1) To serve as the primary organization in the United
States Government to coordinate analysis and policy
implementation across the United States Government in
responding to hybrid threats posed by the Government of the
Russian Federation to the national security, sovereignty,
democracy, and economic activity of the United States and
United States allies, including the following activities:
(A) Execution of disinformation, misinformation, and
propaganda campaigns through traditional and social media
platforms.
(B) Formation, infiltration, or manipulation of cultural,
religious, educational, and political organizations or
parties.
(C) Covert transfer of illicit money through shell
corporations and financial institutions to facilitate
corruption, crime,
[[Page S5847]]
and malign influence activities, including through political
parties and interest groups.
(D) Coercive tactics and gray zone activities, including
through para-military and para-police and security services
and militias.
(E) Cyber and other non-traditional threats, including
against public infrastructure, government institutions, or
political organizations or actors.
(F) Use of energy resources or infrastructure to influence
or constrain sovereign states and political actors.
(2) To synchronize the efforts of the Department of State,
the Department of the Treasury, the Department of Defense,
the Department of Homeland Security, the intelligence
community, other relevant civilian United States Government
agencies, and United States military combatant commands with
respect to countering efforts by the Government of the
Russian Federation to undermine the national security,
political sovereignty, democratic institutions, and economic
activity of the United States and its United States allies,
including by--
(A) ensuring that each such element is aware of and
coordinating on such efforts; and
(B) overseeing the development and implementation of
comprehensive and integrated policy responses to such
efforts.
(3) In coordination with the head of the Global Engagement
Center established by section 1287 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
22 U.S.C. 2656 note), to examine current and emerging efforts
by malign state actors to use propaganda and disinformation
operations, including--
(A) traditional media platforms such as television, radio,
and print; and
(B) social media platforms and other Internet communication
tools.
(4) To identify and close gaps across the departments and
agencies of the Federal Government with respect to expertise,
readiness, and planning to address the threats posed by the
Government of the Russian Federation.
(c) Reporting Requirement.--
(1) In general.--The Director of the Center shall submit to
the appropriate congressional committees every 180 days a
report on threats posed by the Russian Federation to the
national security, sovereignty, and economic activity of the
United States and its allies.
(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the period covered by the
report, a discussion of the following:
(A) The nature, extent, and execution of the threats
described in such paragraph.
(B) The ability of the United States Government to identify
and defend against such threats.
(C) The progress of the Center in achieving its missions,
including through coordination with other governments and
multilateral organizations.
(D) Recommendations the Director determines necessary for
legislative actions to improve the ability of the Center to
achieve its missions.
(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' means an element of the
intelligence community specified or designated under section
3(4) of the National Security Act of 1947.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 705. COUNTERING RUSSIAN INFLUENCE FUND.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Countering Russian Influence Fund
described in section 7070(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31; 131 Stat. 706),
$250,000,000 for fiscal years 2020 and 2021.
(b) Use of Funds.--Amounts in the Countering Russian
Influence Fund shall be used in countries of Europe and
Eurasia the Secretary of State has determined are vulnerable
to malign influence by the Russian Federation to effectively
implement, subject to the availability of funds, the
following goals:
(1) To assist in protecting critical infrastructure and
electoral mechanisms from cyberattacks.
(2) To combat corruption, improve the rule of law, and
otherwise strengthen independent judiciaries and prosecutors
general offices.
(3) To respond to the humanitarian crises and instability
caused or aggravated by the invasions and occupations of
Georgia, Moldova, and Ukraine by the Russian Federation.
(4) To improve participatory legislative processes and
legal education, political transparency and competition, and
compliance with international obligations.
(5) To build the capacity of civil society, media, and
other nongovernmental organizations countering the influence
and propaganda of the Russian Federation to combat
corruption, prioritize access to truthful information, and
operate freely in all regions.
(6) To assist the Secretary of State in executing the
functions specified in section 1239(b) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 113 note) for the purposes of recognizing,
understanding, exposing, and countering propaganda and
disinformation efforts by foreign governments, in
coordination with the relevant regional Assistant Secretary
or Assistant Secretaries of the Department of State.
(c) Revision of Activities for Which Amounts May Be Used.--
The Secretary of State may modify a goal described in
subsection (b) if, not later than 15 days before revising
such goal, the Secretary notifies the appropriate
congressional committees of the revision.
(d) Implementation.--
(1) In general.--The Secretary of State shall, acting
through the Coordinator of United States Assistance to Europe
and Eurasia (authorized pursuant to section 601 of the
Support for East European Democracy (SEED) Act of 1989 (22
U.S.C. 5461) and section 102 of the Freedom for Russia and
Emerging Eurasian Democracies and Open Markets Support Act of
1992 (22 U.S.C. 5812)), and in consultation with the
Administrator for the United States Agency for International
Development, the Director of the Global Engagement Center of
the Department of State, the Secretary of Defense, EUCOM, the
Chairman of the Broadcasting Board of Governors, and the
heads of other relevant Federal agencies, coordinate and
carry out activities to achieve the goals described in
subsection (b).
(2) Method.--Activities to achieve the goals described in
subsection (b) shall be carried out through--
(A) initiatives of the United States Government;
(B) Federal grant programs such as the Information Access
Fund;
(C) nongovernmental or international organizations; or
(D) support exchanges with countries facing state-sponsored
disinformation and pressure campaigns, particularly in Europe
and Eurasia, provided that a portion of the funds are made
available through a process whereby the Bureau of Educational
and Cultural Affairs of the Department of State solicits
proposals from posts located in affected countries to counter
state-sponsored disinformation and hybrid threats, promote
democracy, and support exchanges with countries facing state-
sponsored disinformation and pressure campaigns.
(3) Report on implementation.--
(A) In general.--Not later than April 1 of each year, the
Secretary of State, acting through the Coordinator of United
States Assistance to Europe and Eurasia, shall submit to the
appropriate congressional committees a report on the programs
and activities carried out to achieve the goals described in
subsection (b) during the preceding fiscal year.
(B) Elements.--Each report required by subparagraph (A)
shall include, with respect to each program or activity
described in that subparagraph--
(i) the amount of funding for the program or activity;
(ii) the goal described in subsection (b) to which the
program or activity relates; and
(iii) an assessment of whether or not the goal was met.
(e) Coordination With Global Partners.--
(1) In general.--In order to maximize impact, eliminate
duplication, and speed the achievement of the goals described
in subsection (b), the Secretary of State shall ensure
coordination with--
(A) the European Union and its institutions;
(B) the governments of countries that are members of the
North Atlantic Treaty Organization or the European Union; and
(C) international organizations and quasi-governmental
funding entities that carry out programs and activities that
seek to accomplish the goals described in subsection (b).
(f) Rule of Construction.--Nothing in this section shall be
construed to apply to or limit United States foreign
assistance not provided using amounts available in the
Countering Russian Influence Fund.
(g) Expansion of Pilot Program.--
(1) In general.--The Secretary of State shall expand the
pilot program required under section 254(g) of the Countering
America's Adversaries Through Sanctions Act (22 U.S.C.
9543(g)) to hire additional personnel within the Bureau for
Democracy, Human Rights, and Labor to develop and implement
programs focused on combating corruption, improving rule of
law, and building capacity of civil society, political
parties, and independent media.
(2) Report on ensuring adequate staffing for governance
activities.--Not later than 90 days afer the date of the
enactment of this Act, the Secretary of State shall submit to
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives a report on implementation of the pilot
program required under section 254(g) of the Countering
Russian Influence in Europe and Eurasia Act of 2017 (22
U.S.C. 9543(g)).
SEC. 706. COORDINATING AID AND ASSISTANCE ACROSS EUROPE AND
EURASIA.
It is the sense of Congress that--
(1) the Government of the Russian Federation has applied,
and continues to apply traditional uses of force,
intelligence operations, cyber attacks, and influence
campaigns, including through the use of corruption,
disinformation, and cultural and social influence, which
represent clear and present
[[Page S5848]]
threats to the countries of Europe and Eurasia;
(2) in response, governments in Europe and Eurasia should
redouble efforts to build resilience within their
institutions, political systems, and civil societies;
(3) the United States Government supports the democratic
and rule of law-based institutions that the Government of the
Russian Federation seeks to undermine, including the North
Atlantic Treaty Organization, the Organization for Security
and Cooperation in Europe, and the European Union;
(4) the United States Government should continue to work
with and strengthen such institutions, including the European
Union, as a partner against aggression by the Government of
the Russian Federation through the coordination of aid
programs, development assistance, and other efforts to
counter malign Russian influence;
(5) the United States Government should continue to work
with the individual countries of Europe and Eurasia to
bolster efforts to counter malign Russian influence in all
its forms; and
(6) the United States Government should increase assistance
and diplomatic efforts in Europe, including in European Union
and NATO countries, to address threats to fundamental human
rights and backsliding in rule of law protections, operating
space for independent media and civil society, and other
democratic institutions, whose strength is critical to
defending against malign Russian influence over the long
term.
SEC. 707. ADDRESSING ABUSE AND MISUSE BY THE RUSSIAN
FEDERATION OF INTERPOL RED NOTICES AND RED
DIFFUSIONS.
(a) Findings.--Congress makes the following findings:
(1) The International Criminal Police Organization (in this
section referred to as ``INTERPOL'') works to prevent and
fight crime through enhanced cooperation and innovation on
police and security matters, including counterterrorism,
cybercrime, counternarcotics, and transnational organized
crime.
(2) United States membership and participation in INTERPOL
advanced the national security and law enforcement interests
of the United States related to combatting terrorism,
cybercrime, narcotics, and transnational organized crime.
(3) Article 2 of INTERPOL's Constitution states that the
organization aims ``[t]o ensure and promote the widest
possible mutual assistance between all criminal police
authorities [. . .] in the spirit of the `Universal
Declaration of Human Rights' ''.
(4) Article 3 of INTERPOL's Constitution states that ``[i]t
is strictly forbidden for the Organization to undertake any
intervention or activities of a political, military,
religious or racial character''.
(5) Some INTERPOL member countries have used the INTERPOL's
processes, including the red notice and red diffusions
mechanisms, for activities of a political character.
(b) Sense of Congress.--It is the sense of Congress that
the Government of the Russian Federation has abused and
misused INTERPOL's red notice and red diffusion mechanisms
for overtly political purposes and activities such as
intimidating, harassing, and persecuting political opponents.
(c) Censure of Russian Activity.--The Attorney General, in
coordination with the Secretary of Homeland Secretary, shall
use the voice and influence of the United States at INTERPOL
to censure and sanction the abuse of INTERPOL mechanisms by
the Government of the Russian Federation, including the
suspension of the ability of the Government of the Russian
Federation to use INTERPOL's red notice and red diffusion
mechanisms.
(d) No Denial of Services.--No United States person or
foreign person that is the subject of a red notice or red
diffusion requested by the Government of the Russian
Federation shall be denied access to any United States
Government services or programs because the person is the
subject of such red notice or red diffusion, including
requesting asylum, requesting a visa, or participating in a
visa waiver program or the Transportation Security
Administration's Trusted Traveler Program.
SEC. 708. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES
AGAINST HUMANITY BY THE RUSSIAN FEDERATION IN
SYRIA.
(a) Findings.--Congress makes the following findings:
(1) In March 2016, Amnesty International issued a report
stating, ``Syrian and Russian forces have been deliberately
attacking health facilities in flagrant violation of
international humanitarian law. But what is truly egregious
is that wiping out hospitals appears to have become part of
their military strategy.''.
(2) On September 21, 2017, Department of State Spokesperson
Heather Nauert said, ``The United States is concerned by
reports of airstrikes in Idlib province and northern Hama
province on September 19 and 20 that killed at least three
medical personnel and damaged a number of medical facilities,
emergency equipment, and civil defense centers. These attacks
fit an all-too-familiar pattern in which medical facilities
and personnel--and the civilians they serve--are victims of
strikes by the Syrian regime and its Russian allies.''.
(3) In February 2018, Syrian and Russian airstrikes in
rebel-held areas killed 230 civilians and hit at least 9
medical facilities. In a statement on February 10, 2018, the
office of Zeid Ra'ad al-Hussein, the United Nations High
Commissioner for Human Rights, said the airstrikes ``may,
depending on the circumstances, all constitute war crimes''.
(4) On March 6, 2018, the United Nations Independent
International Commission of Inquiry on the Syrian Arab
Republic noted, ``[I]n one particularly harmful attack on 13
November, the Russian Air Force carried out airstrikes on a
densely populated civilian area in Atareb (Aleppo), killing
at least 84 people and injuring another 150. Using unguided
weapons, the attack struck a market, police station, shops,
and a restaurant, and may amount to a war crime.''.
(b) Report Required.--The Secretary of State shall submit
to the appropriate congressional committees a report on
alleged war crimes and crimes against humanity attributable
to the Government of the Russian Federation or paramilitary
forces or contractors responsive to the direction of that
Government during the operations of that Government in
Syria--
(1) not later than 60 days after the date of the enactment
of this Act; and
(2) not later than 180 days after the date on which the
Secretary of State determines that the violence in Syria has
ceased.
(c) Elements.--Each report required by subsection (b) shall
include the following:
(1) A description of alleged war crimes and crimes against
humanity described in subsection (b), including--
(A) any such alleged crimes that may violate the principle
of medical neutrality and, if possible, an identification of
the individual or individuals who engaged in or organized
such crimes; and
(B) if possible, a description of the conventional and
unconventional weapons used for such alleged crimes and the
origins of such weapons.
(2) An assessment of whether such alleged crimes constitute
war crimes or crimes against humanity, including genocide.
(3) A description and assessment by the Office of Global
Criminal Justice of the Department of State, the United
States Agency for International Development, the Department
of Justice, and other appropriate Federal agencies, of
programs that the United States Government has undertaken to
ensure accountability for such alleged crimes, including
programs--
(A) to train investigators within and outside of Syria on
how to document, investigate, develop findings with respect
to, and identify and locate alleged perpetrators of, such
alleged crimes, including--
(i) the number of United States Government or contractor
personnel currently designated to work full-time on such
training; and
(ii) an identification of the authorities and
appropriations being used to support such training; and
(B) to document, collect, preserve, and protect evidence of
such alleged crimes, including support for Syrian, foreign,
and international nongovernmental organizations, and other
entities, including the International, Impartial and
Independent Mechanism to Assist in the Investigation and
Prosecution of Persons Responsible for the Most Serious
Crimes under International Law Committed in the Syrian Arab
Republic since March 2011 and the Independent International
Commission of Inquiry on the Syrian Arab Republic of the
United Nations.
(d) Protection of Witnesses and Evidence.--In preparing the
report required by subsection (b), the Secretary shall take
due care to ensure that the identities of witnesses and
physical evidence are not publicly disclosed in a manner that
might place such witnesses at risk of harm or encourage the
destruction of such evidence by the Government of the Russian
Federation or the Government of Syria, violent extremist
groups, anti-government forces, or any other combatants or
participants in the conflict in Syria.
(e) Form.--Each report required by subsection (b) may be
submitted in unclassified or classified form, but shall
include a publicly available annex.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of
the House of Representatives.
SEC. 709. REPORT ON ACTIVITIES OF THE RUSSIAN FEDERATION IN
SYRIA.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of State and
the Secretary of Defense, shall submit to the appropriate
congressional committees and leadership a report that
includes--
(1) an assessment of the willingness and capacity of the
Government of the Russian Federation to ensure the removal of
Iranian forces, Iran-aligned and Iran-directed militias and
paramilitaries, and other armed group responsive to the
direction of Iran, from the territory of Syria;
(2) a list of policies, actions, or activities that the
Government of the Russian Federation would take if that
Government were willing to ensure the removal of the forces,
militias, paramilitaries, and other armed
[[Page S5849]]
groups described in paragraph (1) from the territory of
Syria;
(3) a list of policies, actions, or activities that the
Government of the Russian Federation would take to ensure the
removal of the forces, militias, paramilitaries, and other
armed groups described in paragraph (1) from the territory of
Syria if that Government were capable of doing so;
(4) an assessment of whether any of the policies, actions,
or activities described in paragraph (2) or (3) are being
taken by the Government of the Russian Federation;
(5) an assessment of the specific commitments made by
officials of the Government of the Russian Federation to
officials of the Government of Israel with respect to the
Golan Heights and the presence of the forces, militias,
paramilitaries, and other armed groups described in paragraph
(1) in the territory of Syria;
(6) an assessment of weapons, technologies, and knowledge
directly or indirectly transferred by the Government of the
Russian Federation to the regime of Bashar al-Assad, Lebanese
Hezbollah, Iran, or Iran-aligned forces in Syria that
threaten the security and qualitative military edge of
Israel; and
(7) an assessment of whether the presence of Russian forces
and Russian contractors in Syria limits the options of the
Government of Israel in taking steps to ensure its security
from threats emanating from the territory of Syria.
(b) Form.--The report required by subsection (a) shall be
submitted in an unclassified form but may include a
classified annex.
(c) Appropriate Congressional Committees and Leadership
Defined.--In this section, the term ``appropriate
congressional committees and leadership'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
SEC. 710. SENSE OF CONGRESS ON RESPONSIBILITY OF TECHNOLOGY
COMPANIES FOR STATE-SPONSORED DISINFORMATION.
It is the sense of Congress that technology companies,
particularly social media companies, share responsibility for
ensuring that their platforms are free of disinformation
sponsored by the Government of the Russian Federation and
other foreign governments.
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