[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3373-S3375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1845. Mr. VAN HOLLEN (for himself and Mr. Rubio) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--DETERRING FOREIGN INTERFERENCE IN ELECTIONS
SEC. __01. SHORT TITLE.
This division may be cited as the ``Defending Elections
from Threats by Establishing Redlines Act of 2020''.
SEC. __02. DEFINITIONS.
In this division:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, the Committee on Finance,
the Select Committee on Intelligence, and the Committee on
Rules and Administration of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, the
Permanent Select Committee on Intelligence, and the Committee
on House Administration of the House of Representatives.
(3) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader of the Senate;
and
(C) the Speaker, the majority leader, and the minority
leader of the House of Representatives.
(4) Election and campaign infrastructure.--The term
``election and campaign infrastructure'' means information
and communications technology and systems used by or on
behalf of--
(A) the Federal Government or a State or local government
in managing the election process, including voter
registration databases, voting machines, voting tabulation
equipment, equipment for the secure transmission of election
results, and other systems; or
(B) a principal campaign committee or national committee
(as those terms are defined in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101)) with respect
to strategy or tactics affecting the conduct of a political
campaign, including electronic communications, and the
information stored on, processed by, or transiting such
technology and systems.
(5) Federal election cycle.--The term ``Federal election
cycle'' means the period beginning on the day after the date
of the most recent election for members of the House of
Representatives and ending on the date of the next election
for members of the House of Representatives.
(6) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(7) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(8) Interference in united states elections.--
(A) In general.--Except as provided in subparagraph (B),
the term ``interference'', with respect to a United States
election, means any of the following actions of the
government of a foreign country, or any person acting as an
agent of or on behalf of such a government, undertaken with
the intent to influence the election:
(i) Obtaining unauthorized access to election and campaign
infrastructure or related systems or data and releasing such
data or modifying such infrastructure, systems, or data.
(ii) Unlawfully blocking or degrading otherwise legitimate
and authorized access to election and campaign infrastructure
or related systems or data.
(iii) Significant unlawful contributions or expenditures
for advertising, including on the internet.
(iv) Using social, other internet-based, or traditional
media to spread information to individuals in the United
States without disclosing that such information is being
disseminated by a foreign government or a foreign person
acting on behalf of a foreign government.
(B) Exceptions.--
(i) Exception for publicly identified statements.--The term
``interference'', with respect to a United States election,
does not include--
(I) any public statement by a foreign leader, official, or
government agency with respect to a candidate for office,
official of the United States Government, or policy of the
United States, if it is clear that the statement is made by
that foreign leader, government official, or government
agency and no effort has been made to conceal the individual
or entity making the statement; or
(II) any other statement if a foreign government is readily
and publicly identifiable as the source of the statement.
(ii) Exception for foreign government broadcasts.--The term
``interference'', with respect to a United States election,
does not include the broadcast of views of a foreign
government through broadcast channels owned or controlled by
that government, if that ownership or control is readily and
publicly identifiable.
(9) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(10) Person.--The term ``person'' means individual or
entity.
(11) United states election.--The term ``United States
election'' means any United States Federal election.
(12) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
TITLE __--DETERMINATION OF FOREIGN INTERFERENCE IN UNITED STATES
ELECTIONS
SEC. __11. DETERMINATION OF FOREIGN INTERFERENCE IN UNITED
STATES ELECTIONS.
(a) In General.--Not later than 60 days after a United
States election, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, the Director of the National Security Agency,
the Director of the Central Intelligence Agency, the
Secretary of State, the Secretary of the Treasury, the
Attorney General, and the Secretary of Homeland Security,
shall--
(1) determine with a high level of confidence whether or
not the government of a foreign country, or any foreign
person acting as an agent of or on behalf of that government,
knowingly engaged in interference in the election; and
(2) submit to the appropriate congressional committees and
leadership a report on that determination, including, if the
Director determines that interference did occur--
(A) an identification of the government or foreign person
that engaged in such interference; and
(B) if the Government of the Russian Federation, or any
foreign person acting as an agent of or on behalf of that
Government, engaged in such interference, a list of any
senior foreign political figures or oligarchs in the Russian
Federation identified under section 241(a)(1)(A) of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (title II of Public Law 115-44; 131 Stat. 922) who
directly or indirectly contributed to such interference.
(b) Additional Reporting.--If the Director of National
Intelligence determines and reports under subsection (a) that
neither the government of a foreign country nor any foreign
person acting as an agent of or on behalf of that government
knowingly engaged in interference in a United States
election, and the Director subsequently determines that that
government, or such a foreign person, did engage in such
interference, the Director shall, not later than 60 days
after
[[Page S3374]]
making that determination, submit to the appropriate
congressional committees and leadership--
(1) a report on the subsequent determination; and
(2) if the Director determines that the Government of the
Russian Federation, or any foreign person acting as an agent
of or on behalf of that Government, engaged in such
interference, a list of any senior foreign political figures
or oligarchs in the Russian Federation identified under
section 241(a)(1)(A) of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (title II of Public Law 115-
44; 131 Stat. 922) who directly or indirectly contributed to
such interference.
(c) Form of Report.--Each report required by subsection (a)
or (b) shall be submitted in unclassified form but may
include a classified annex.
SEC. __12. 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 one year after the
date of the enactment of the Defending Elections from Threats
by Establishing Redlines Act of 2020, and annually
thereafter, 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)''.
TITLE ___--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY THE
RUSSIAN FEDERATION
SEC. __21. REPORT ON ESTIMATED NET WORTH OF PRESIDENT
VLADIMIR PUTIN AND OTHER SENIOR FOREIGN
POLITICAL FIGURES OF THE RUSSIAN FEDERATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
biannually thereafter, the President shall submit to the
appropriate congressional committees a report that contains--
(1) the estimated total net worth of each individual
described in subsection (b); and
(2) a description of how the funds of each such individual
were acquired and how such funds have been used or employed.
(b) Individuals Described.--The individuals described in
this subsection are the following:
(1) President Vladimir Putin.
(2) Any other senior foreign political figure of the
Russian Federation identified in the report under subsection
(a)(1)(A) of section 241 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (title II of Public Law
115-44; 131 Stat. 922), or any update to that report under
subsection (b) of such section, as added by [section __12].
(c) Form of Report; Public Availability.--
(1) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may contain a
classified annex.
(2) Public availability.--The unclassified portion of the
report required under subsection (a) shall be made available
to the public in precompressed, easily downloadable versions
that are made available in all appropriate formats.
(d) Sources of Information.--In preparing the report
required under subsection (a), the President may use any
credible publication, database, or web-based resource, and
any credible information compiled by any government agency,
nongovernmental organization, or other entity provided to or
made available to the President.
(e) Funds Defined.--In this section, the term ``funds''
means--
(1) cash;
(2) equity;
(3) any other intangible asset the value of which is
derived from a contractual claim, including bank deposits,
bonds, stocks, a security (as defined in section 2(a) of the
Securities Act of 1933 (15 U.S.C. 77b(a))), or a security or
an equity security (as those terms are defined in section
3(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a))); and
(4) anything else of value that the Secretary of the
Treasury determines to be appropriate.
SEC. __22. IMPOSITION OF SANCTIONS.
(a) In General.--If the Director of National Intelligence
determines under [section __11] that the Government of the
Russian Federation, or any foreign person acting as an agent
of or on behalf of that Government, knowingly engaged in
interference in a United States election, the President
shall, not later than 30 days after such determination is
made, impose the following sanctions:
(1) Blocking the assets of certain state-owned russian
financial institutions and restricting accounts.--
(A) In general.--The Secretary of the Treasury shall impose
one or more of the following sanctions on 2 or more entities
specified in subparagraph (B):
(i) Pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), blocking and prohibiting all
transactions in all property and interests in property of the
entity 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.
(ii) Prohibiting, or imposing strict conditions on, the
opening or maintaining in the United States of a
correspondent account or payable-through account by the
entity.
(B) Entities specified.--The entities specified in this
subparagraph are the following:
(i) Sberbank.
(ii) VTB Bank.
(iii) Gazprombank.
(iv) Vnesheconombank.
(v) Rosselkhozbank.
(2) Prohibition on new investments in energy sector of
russia.--
(A) Prohibition.--The President shall prohibit any new
investment made in the United States or by a United States
person in the energy sector of the Russian Federation or an
energy company of the Russian Federation.
(B) Sanctions.--The President shall, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block and prohibit all transactions in all property
and interests in property of any foreign person that makes a
new investment in the energy sector of the Russian Federation
or an energy company of the Russian Federation if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(C) New investment defined.--Not later than 60 days after
the date of the enactment of this Act, the President shall
prescribe regulations to define, for purposes of this
paragraph, the term ``new investment'' in a manner that--
(i) includes significant upgrades or expansions to projects
and construction underway as of the date of the enactment of
this Act; and
(ii) does not include routine maintenance of such projects
and construction.
(3) Blocking the assets of entities in russian defense and
intelligence sectors.--
(A) In general.--The Secretary of the Treasury shall,
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions
in all property and interests in property of any entity
described in subparagraph (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) Entities described.--An entity described in this
subparagraph is--
(i) an entity that the President determines pursuant to
section 231 of the Countering Russian Influence in Europe and
Eurasia Act of 2017 (22 U.S.C. 9525) is part of, or operates
for or on behalf of, the defense or intelligence sectors of
the Government of the Russian Federation; or
(ii) an entity in which an entity described in clause (i)
has an ownership interest of 50 percent or more.
(4) Prohibition on transactions involving certain russian
debt.--The Secretary of the Treasury shall, pursuant to such
regulations as the Secretary may prescribe, prohibit all
transactions within the United States or by a United States
person, in--
(A) sovereign debt of the Government of the Russian
Federation issued on or after the date of the enactment of
this Act, including governmental bonds; and
(B) debt of any entity owned or controlled by the Russian
Federation issued on or after such date of enactment,
including bonds.
(5) Blocking the assets of senior political figures and
oligarchs and exclusion from the united states.--
(A) In general.--The President shall impose with respect to
any senior foreign political figure or oligarch in the
Russian Federation identified under subsection (a)(2)(B) or
(b)(2) of [section __11] the following sanctions:
(i) Pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), the President shall block and
prohibit all transactions in all property and interests in
property of the individual 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.
(ii) The President shall deny a visa to, and exclude from
the United States, the individual, and revoke in accordance
with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)) any visa or other documentation of the
individual.
(B) Public availability of information.--Information about
the denial or revocation of a visa or other documentation
under subparagraph (A)(ii) shall be made available to the
public.
(b) Report to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the committees specified in
paragraph (2) a report identifying the 5 largest financial
institutions owned or controlled by the Government of the
Russian Federation, determined by estimated net assets.
(2) Committees specified.--The committees specified in this
paragraph are--
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(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(c) Exceptions.--
(1) Importation of goods.--The requirement to impose
sanctions under subsection (a) shall not include the
authority to impose sanctions with respect to the importation
of goods.
(2) Compliance with united nations headquarters
agreement.--Subsection (a)(5)(A)(ii) shall not apply with
respect to the admission of an alien to the United States if
such admission is necessary to comply with United States
obligations under the Agreement between the United Nations
and the United States of America regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, under the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or under other
international agreements.
(3) Activities of nasa.--The requirement to impose
sanctions under subsection (a) shall not apply with respect
to activities of the National Aeronautics and Space
Administration.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section 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) Extension of Period To Allow Cessation of Prohibited
Business.--The President may extend the 30-day period
specified in subsection (a), except with respect to sanctions
under paragraph (5) of that subsection, for an additional
period not to exceed 180 days if the President certifies to
the appropriate congressional committees that the extension--
(1) is in the national security interest of the United
States; and
(2) is necessary to enable non-Russian persons impacted by
sanctions under subsection (a) to wind down business
prohibited as a result of those sanctions.
(f) National Security Waiver.--The President may waive the
application of sanctions under subsection (a) with respect to
a person, except sanctions under paragraph (5) of that
subsection, if the President submits to the appropriate
congressional committees a determination in writing that--
(1) the waiver is in the vital national security interest
of the United States; and
(2) failing to use the waiver will cause significant
adverse harm to the vital national security interests of the
United States.
(g) Suspension.--
(1) In general.--The President may suspend sanctions
imposed under subsection (a) on or after the date on which
the Director of National Intelligence, in consultation with
the Director of the Federal Bureau of Investigation, the
Director of the National Security Agency, the Director of the
Central Intelligence Agency, the Secretary of State, the
Secretary of the Treasury, and the Attorney General, submits
to the appropriate congressional committees and leadership a
certification that the Government of the Russian Federation
has not engaged in interference in United States elections
for at least one Federal election cycle.
(2) Reimposition.--
(A) Reports required.--Not later than 90 days after a
suspension of sanctions under paragraph (1) takes effect, and
every 90 days thereafter, the President shall submit to the
appropriate congressional committees and leadership a report
on whether the Government of the Russian Federation is taking
measures to--
(i) improve the oversight of and prosecutions relating to
interference in United States elections; and
(ii) credibly demonstrate a significant change in behavior
and credibly commit to not engaging in such interference in
the future.
(B) Reimposition.--If the President determines under
subparagraph (A) that the Government of the Russian
Federation is not taking measures described in that
subparagraph, the President shall reimpose the sanctions
suspended under paragraph (1).
(h) Termination.--The President may terminate sanctions
imposed under subsection (a) on or after the date on which
the Director of National Intelligence, in consultation with
the Director of the Federal Bureau of Investigation, the
Director of the National Security Agency, the Director of the
Central Intelligence Agency, the Secretary of State, the
Secretary of the Treasury, and the Attorney General, submits
to the appropriate congressional committees and leadership a
certification that--
(1) the Government of the Russian Federation has not
engaged in interference in United States elections for at
least 2 Federal election cycles; and
(2) the President has received credible commitments from
the Government of the Russian Federation that that Government
will not engage in such interference in the future.
SEC. __23. CONGRESSIONAL REVIEW OF WAIVER, SUSPENSION, AND
TERMINATION OF SANCTIONS.
Section 216(a)(2) of the Countering America's Adversaries
Through Sanctions Act (22 U.S.C. 9511(a)(2)) is amended--
(1) in subparagraph (A)(i), by inserting ``or suspend the
application of sanctions described in subparagraph
(B)(i)(IV)'' after ``subparagraph (B)''; and
(2) in subparagraph (B)(i)--
(A) in subclause (II), by striking ``; or'' and inserting a
semicolon;
(B) in subclause (III), by striking ``; and'' and inserting
``; or''; and
(C) by adding at the end the following:
``(IV) [section __23] of the Defending Elections from
Threats by Establishing Redlines Act of 2020; and''.
SEC. __24. SENSE OF CONGRESS ON STRATEGY ON COORDINATION WITH
EUROPEAN UNION.
It is the sense of Congress that, not later than 180 days
after the date of the enactment of this Act, the President
should submit to the appropriate congressional committees and
leadership a strategy on how the United States will--
(1) work in concert with the European Union and member
countries of the European Union to deter interference by the
Government of the Russian Federation in elections; and
(2) coordinate with the European Union and member countries
of the European Union to enact legislation similar to this
Act.
TITLE ___--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY OTHER
FOREIGN GOVERNMENTS
SEC. __31. BRIEFING ON INTERFERENCE IN UNITED STATES
ELECTIONS.
Not later than 90 days after the date of the enactment of
this Act, and every 90 days thereafter, the President, or a
designee of the President, shall brief the appropriate
congressional committees and leadership on any government of
a foreign country, or person acting as an agent of or on
behalf of that government, that is determined by the
President to have engaged in or to be likely to engage in
interference in a United States election.
SEC. __32. SENSE OF CONGRESS ON DETERRENCE STRATEGIES FOR
INTERFERENCE IN UNITED STATES ELECTIONS BY
FOREIGN GOVERNMENTS OF CONCERN.
It is the sense of Congress that, not later than 90 days
after the date of the enactment of this Act, the President
should submit to the appropriate congressional committees and
leadership a report that includes--
(1) a strategy of the President to deter interference in a
United States election by the Government of the People's
Republic of China, the Government of the Democratic People's
Republic of Korea, the Government of the Islamic Republic of
Iran, and any other foreign government determined by the
President to have engaged in or to be likely to engage in
interference in a United States election, including any
person acting as an agent of or on behalf of such a
government;
(2) proposed sanctions if that government engages in such
interference and any authorities the President may require
from Congress to impose such sanctions;
(3) other actions undertaken by Federal agencies or in
cooperation with other countries to deter such interference;
and
(4) a plan for communicating such deterrence actions to
those governments.
______