[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2724-S2725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 620. Mr. WICKER (for himself, Mr. Cardin, and Mr. Whitehouse)
submitted an amendment intended to be proposed by him to the bill S.
2226, to authorize appropriations for fiscal year 2024 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 in title XII, insert the
following:
Subtitle __--Holding Russian Mercenaries Accountable
SECTION 12_1. SHORT TITLES.
This subtitle may be cited as the ``Holding Accountable
Russian Mercenaries Act'' or the ``HARM Act''.
SEC. 12_2. FINDINGS.
Congress makes the following findings:
(1) The Secretary of State's designation of an entity as a
foreign terrorist organization results from a determination
that--
(A) the entity is foreign and engages in terrorism or
terrorist activity; and
(B) the terrorist activity threatens the security of the
United States or its nationals.
(2) The activities of the Wagner Group and affiliated
entities of Russian national Yevgeniy Prigozhin pose a threat
to the national interests and national security of the United
States and allies and partners of the United States,
including with respect to Russia's war on Ukraine, which
President Biden declared, on March 2, 2022, ``pose[s] an
unusual and extraordinary threat to the national security and
foreign policy of the United States''.
(3) On June 20, 2017, the Department of the Treasury's
Office of Foreign Assets Control designated the Wagner Group
and its military leader, Dmitry Utkin, pursuant to Executive
Order 13660 (50 U.S.C. 1701 note; relating to blocking
property of certain persons contributing to the situation in
Ukraine) ``for being responsible for or complicit in, or
having engaged in, directly or indirectly, actions or
policies that threaten the peace, security, stability,
sovereignty or territorial integrity of Ukraine''.
(4) On September 20, 2018, the Department of State added
Yevgeniy Prigozhin and his affiliated entities, including the
Wagner Group, to the list of persons identified as part of,
or operating for or on behalf of, the defense or intelligence
sectors of the Government of the Russian Federation under
section 231 of the Countering America's Adversaries Through
Sanctions Act (22 U.S.C. 9525).
(5) On January 20, 2023, a White House spokesperson
announced that the Department of the Treasury will designate
the Wagner Group as a significant transnational criminal
organization pursuant to Executive Order 13581 (50 U.S.C.
1701 note; relating to blocking property of transnational
criminal organizations), consistent with the authority
granted to the President under section 203(a) of the
International Emergency Economic Powers Act (50 U.S.C. 1702).
(6) The Wagner Group, a self-described private actor that
undertakes military action and subversive operations at the
behest of the Government of the Russian Federation, is a
``terrorist group'' that engages in ``terrorism'' (as defined
in section 140(d) of the Foreign Relations Authorization Act,
Fiscal Year 1988 and 1989 (22 U.S.C. 2656f(d))), which is
``premeditated, politically motivated violence perpetrated
against noncombatant targets by subnational groups or
clandestine agents''.
(7) The Wagner Group and its affiliated entities have
committed, or are credibly accused of committing, terrorist
activity (as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B))),
through their involvement in--
(A) the massacres, rape, and torture of civilians in Bucha,
Ukraine, in March 2022;
(B) the massacres in Moura, Mali, in March 2022;
(C) the massacres of migrant workers and civilians in
mining regions along the Sudan- Central African Republic
border in 2022;
(D) the murder of Russian journalists in the Central
African Republic in June 2018 as well as threats against
United States journalists investigating such incident;
(E) the kidnapping of children in the Central African
Republic in 2022 to work in mines;
(F) the rape and sex trafficking of women and children in
the Central African Republic between 2018 and 2022;
(G) the sabotage and lethal suppression of civilian
protestors in Sudan in 2019;
(H) the use of nerve agents against Libya's Government of
National Accord and deployment of illegal land mines and
booby-traps in civilian areas of Tripoli between 2019 and
2020;
(I) the torture and execution of a Syrian national in June
2017;
(J) efforts to assassinate Ukrainian President Volodymyr
Zelensky in March 2022; and
(K) the receipt of weapons shipments initially reported in
December 2022 from the Democratic People's Republic of Korea,
which the Secretary of State had designated a state sponsor
of terrorism on November 20, 2017.
SEC. 12_3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Russian-based mercenary Wagner Group meets the
criteria for designation by the Secretary of State as a
foreign terrorist organization under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)); and
(2) the Secretary of State should designate the Wagner
Group as a foreign terrorist organization under such section
219(a).
SEC. 12_4. DESIGNATION OF THE MERCENARY WAGNER GROUP AS A
FOREIGN TERRORIST ORGANIZATION.
(a) In General.--Upon the date of the enactment of this
Act, the Secretary of State shall designate the Wagner Group
as a foreign terrorist organization in accordance with
section 219(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)).
(b) Application.--The designation required under subsection
(a) shall equally apply to any affiliated and successor
entities to the Wagner Group undertaking malign activities
against the United States and its allies and partners,
including activities taking place in Ukraine, Africa, and the
Middle East.
(c) Waiver.--The President may waive the application of
sanctions under this section if the President determines and
reports to the appropriate congressional committees that such
a waiver is in the national security interest of the United
States.
(d) Annual Report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit a report to the appropriate
congressional committees describing the international
activities of the Russian-based mercenary Wagner Group.
(e) Defined Term.--In this subtitle, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(4) the Committee on Financial Services of the House of
Representatives;
(5) the Committee on Foreign Affairs of the House of
Representatives;
(6) the Committee on the Judiciary of the House of
Representatives; and
(7) the Committee on Armed Services of the House of
Representatives.
SEC. 12_5. TASK FORCE ON COUNTERING RUSSIAN MALIGN ACTORS AND
MERCENARY PROXIES.
(a) Establishment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
establish a task force on countering the Russian mercenary
groups and their proxies (referred to in this section as the
``Task Force'').
(2) Russian mercenary groups and their proxies defined.--In
this section, the term ``Russian mercenary groups and their
proxies'' means--
(A) mercenary proxy groups, such as Wagner PMC (and any
relevant successors that engage in similar conduct), PMC
Patriot, Andreyevsky Krest PMC, PMC Convoy, Akhmat PMC, Moran
Security Group, and RSB Group;
(B) any organization or network that is directly involved
in planning and carrying out influence operations in the
United States or in any country that is an ally or partner of
the United States; and
(C) any overt or covert financial, procurement, or
logistics network directly involved in supporting the actors
or activities described in subparagraphs (A) or (B).
(b) Objectives.--The objectives of the Task Force shall be
to--
(1) identify individuals and entities linked to Russian
mercenary groups and their proxies that are responsible for,
or complicit in, transnational criminal activities and
atrocities in Africa;
(2) degrade the operational capabilities of Russian
mercenary groups and their proxies worldwide;
(3) disrupt and degrade the financial, procurement, and
logistics networks that sustain Russian mercenary groups and
their proxies and networks;
(4) deny Russian mercenary groups and their proxies the use
of third-country safe havens or bases of operations that can
be used to project influence or support their operations
globally;
(5) coordinate diplomatic activities in countries in which
the Wagner Group poses a national security threat;
(6) engage with allies and partners of the United States to
carry out the objectives described in paragraphs (1) through
(5); and
(7) make recommendations for sanctions, including regarding
designations and any additional sanctions authorities that
may be needed.
(c) Composition.--
(1) Leadership.--The Task Force shall be led by the Deputy
Secretary of State or another senior official of the
Department of State who has been designated by the Secretary
of State to lead the Task Force.
(2) Department of state representatives.--Members of the
Task Force shall include representatives of--
[[Page S2725]]
(A) relevant regional or functional bureaus of the
Department of State;
(B) the Global Engagement Center;
(C) the Office of Sanctions Coordination;
(D) the Bureau of Cyberspace and Digital Policy; and
(E) other offices and bureaus of the Department of State
that the Secretary of State determines should be represented
on the Task Force.
(3) Other federal departments and agencies.--Members of the
Task Force shall also include representatives of--
(A) the Department of Defense;
(B) the Department of the Treasury;
(C) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003);
(D) the Department of Justice; and
(E) any other relevant Federal department or agency.
(d) Report.--Not later than 90 days after establishment of
the Task Force, and annually thereafter for the following 3
years, the Secretary of State shall submit to the appropriate
congressional committees a report containing--
(1) a summary of the Task Force's efforts to counter
Russian mercenary groups and their proxies during the
preceding year;
(2) a description of the Task Force's diplomatic efforts to
carry out the objectives described in subsection (b),
including--
(A) diplomatic demarches;
(B) bilateral engagements;
(C) coordination of multilateral initiatives with allies
and partners; and
(D) any other relevant diplomatic activities;
(3) a description of financial, cyber, military, or
intelligence tools or authorities used to carry out the
objectives described in subsection (b), including the cyber
capabilities authorized to be shared under section 398 of
title 10, United States Code;
(4) a description of any information operations or public
diplomacy efforts associated with any of the activities
described in paragraphs (1) through (3); and
(5) a description of the coordination and synchronization
of efforts among the Department of State, the Department of
the Treasury, the Office of the Director of National
Intelligence, Department of Defense, and any other relevant
Federal agencies, to counter Russian mercenary groups and
their proxies in affected countries.
SEC. 12_6. ENHANCED DIPLOMATIC EFFORTS AND INCREASING
PERSONNEL TO COUNTER THE ACTIVITIES OF THE
WAGNER GROUP AND OTHER RUSSIAN MILITARY
COMPANIES.
(a) Plan to Enhance Diplomatic Efforts.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of State shall develop and submit to the
appropriate congressional committees a plan for enhancing
diplomatic efforts with governments and regional
organizations to counter the Wagner Group, any relevant
successors to the Wagner Group that engage in similar
conduct, and other Russian mercenary groups and their
proxies. Such plan shall include recommendations for
increasing the number of personnel at certain United States
diplomatic missions to ensure that relevant embassies have
the personnel to focus on the activities, policies, and
investments of Russian mercenary groups and their proxies.
(b) Additional Staffing Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit a staffing plan to the appropriate congressional
committees for key diplomatic posts in Africa (including
north Africa) to increase monitoring and reporting on the
activities of the Wagner Group, any relevant successors to
the Wagner Group that engage in similar conduct, and other
Russian mercenary groups and their proxies. Such plan shall
identify new incentives for filling positions that are hard
to staff.
(2) Financial and human resources.--The Secretary of State
shall prioritize efforts to ensure that United States
diplomatic missions in countries in which the Wagner Group
poses a national security threat have sufficient financial
and human resources to engage in effective public diplomacy
to counter the influence of the Wagner Group and other
Russian mercenary proxy groups.
(c) Branding and Marking United States Foreign
Assistance.--The Secretary of State, the Administrator of the
United States Agency for International Development, and the
heads of other relevant Federal departments and agencies
should--
(1) prescribe the use of the United States flag to
identify, consistent with section 641 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2401), all foreign
assistance provided by the United States to countries in
which the Wagner Group poses a national security threat;
(2) limit the use of branding and marking waivers, as
appropriate, for humanitarian assistance provided by the
United States to such countries; and
(3) only use branding and marking waivers on a case-by-case
basis for non-humanitarian programs administered by the
Department of State, the United States Agency for
International Development, or another Federal department or
agency administering programs in such countries.
(d) Efforts to Limit Benefits From Illicit Extraction and
Trade in Natural Resources.--The Secretary of State, in
coordination with the heads of other relevant Federal
departments and agencies, shall engage in diplomatic efforts
to limit the ability of the Wagner Group, any successor to
the Wagner Group that engages in similar conduct, and other
Russian mercenary proxy groups to engage in, or materially
benefit from, the smuggling and illicit extraction, refining,
and trade of gold and other natural resources, including by
encouraging--
(1) the harmonization of tax regimes;
(2) the adoption of due diligence and international
standards for conflict-free and responsible sourcing of
natural resources; and
(3) the formalization of artisanal mining sectors.
SEC. 12_7. STRATEGY TO COUNTER THE WAGNER GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with relevant Federal agencies, shall develop
and submit to the appropriate congressional committees a
strategy to deter and counter the global activities of the
Wagner Group and any successor to the Wagner Group that
engages in similar conduct.
(b) Elements.--The strategy required under subsection (a)
shall include the following elements:
(1) Regional and country-specific approaches to countering
the influence and activities of the Wagner Group and any
successor that engages in similar conduct in Africa, Europe,
the Middle East, and Latin America, including efforts to
counter recruitment by or on behalf of the Wagner Group and
any successor to the Wagner Group that engages in similar
conduct.
(2) A comprehensive campaign, conducted in partnership with
the Global Engagement Center, designed to--
(A) expose the activities of the Wagner Group and any
successor to the Wagner Group that engages in similar
conduct; and
(B) counter the propaganda and disinformation and
misinformation operations of the Wagner Group.
(3) Examples of past efforts to accomplish the objectives
described in subparagraphs (A) and (B) of paragraph (2) and a
list of the tools that have been used for disinformation
purposes.
(4) A plan to utilize other tools available to the United
States Government to degrade the operations of the Wagner
Group and any successor to the Wagner Group that engages in
similar conduct.
(5) An analysis of policy and programmatic limitations,
gaps, and resource requirements to effectively counter the
Russian Federation's malign influence and activities in
Africa, Latin America, the Caribbean, the Middle East, Asia,
and other regions, as appropriate.
(6) Recommendations for any additional authorities or
resources needed to more effectively degrade operations and
influence of the Wagner Group, any successor to the Wagner
Group that engages in similar conduct, and similar groups.
(c) Form.--The strategy required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 12_8. INFLUENCING INTERNATIONAL FINANCIAL INSTITUTIONS
TO CONSIDER WAGNER GROUP MINING CONCESSIONS
WHEN CONSIDERING LOANS AND DEVELOPMENT
FINANCING PROJECTS.
(a) Consideration by International Monetary Fund of Mining
Concessions With Affiliated Entities of the Wagner Group.--
The Secretary of State, in consultation with the Secretary of
the Treasury, shall advise the United States Executive
Director of the International Monetary Fund to use the voice
and vote of the United States to ensure that the
International Monetary Fund, when considering a loan to a
country, considers whether the potential recipient of such
loan has provided mining concessions or direct budgetary
support to the Wagner Group or entities affiliated with the
Wagner Group.
(b) Consideration by Export-Import Bank of the United
States of Mining Projects.--The Secretary of State, in
consultation with the Secretary of Treasury, shall advise the
United States Chair and Director of the Board of Governors of
the Export-Import Bank of the United States to use the voice
and vote of the United States to ensure that the Export-
Import Bank, when considering development financing projects,
reviews whether the potential recipient has provided mining
concessions or direct budgetary support to the Wagner Group
or entities affiliated with the Wagner Group.
SEC. 12_9. INFORMATION SHARING ON HIGH-VALUE WAGNER GROUP
TARGETS.
The Secretary of State is authorized to take appropriate
steps to share information regarding high-value Wagner Group
targets with like-minded foreign government partners, which
could include full names and biometric data of individual
targets, if available and relevant to determining visa
restrictions.
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