[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.
                                 ______