Defending American Security from Kremlin Aggression Act of 2019

II Calendar No. 389 116TH CONGRESS 1ST SESSION S. 482 To strengthen the North Atlantic Treaty Organization, to combat inter- national cybercrime, and to impose additional sanctions with respect to the Russian Federation, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 13, 2019 Mr. GRAHAM (for himself, Mr. MENENDEZ, Mr. GARDNER, Mr. CARDIN, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations DECEMBER 18, 2019 Reported by Mr. RISCH, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To strengthen the North Atlantic Treaty Organization, to combat international cybercrime, and to impose addi- tional sanctions with respect to the Russian Federation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 482 RS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Defending American Security from Kremlin Aggression 3 Act of 2019’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 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 oppo- sition 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. Definitions. 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. Enhanced hiring authority for Department of State. Sec. 213. Sense of Congress. TITLE III—CHEMICAL WEAPONS NONPROLIFERATION Sec. 301. Short title. Sec. 302. Findings. Sec. 303. Statement of policy. Sec. 304. Report on sanctions relating to use of chemical weapons by the Rus- sian Federation. Sec. 305. Report on production and use of chemical and biological weapons by the Russian Federation. Sec. 306. Authorization of appropriations. VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6411 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 482 RS Sec. 307. 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 elec- tions. TITLE VI—SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION Subtitle A—Expansion of Countering America’s Adversaries Through Sanctions Act Sec. 601. Sense of Congress on role of sanctions. Sec. 602. Sanctions related to interference of the Russian Federation with democratic processes and elections. Sec. 603. Sanctions relating to the actions of the Russian Federation with re- spect to Ukraine. Sec. 604. Conforming and technical amendments. Sec. 605. 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 sanc- tions 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 section 224 of the Countering America’s Adversaries Through Sanctions Act. Sec. 624. Report on section 225 of the Countering America’s Adversaries Through Sanctions Act. Sec. 625. Report on section 226 of the Countering America’s Adversaries Through Sanctions Act. Sec. 626. Report on section 228 of the Countering America’s Adversaries Through Sanctions Act. Sec. 627. Report on section 233 of the Countering America’s Adversaries Through Sanctions Act. Sec. 628. Report on section 234 of the Countering America’s Adversaries Through Sanctions Act. VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6411 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 482 RS Subtitle D—General Provisions Sec. 641. Exception relating to activities of the National Aeronautics and Space Administration. Sec. 642. 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 En- forcement 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. Report on the assassination of Boris Nemtsov. Sec. 711. Report on the personal net worth and assets of Vladimir Putin. Sec. 712. Sense of Congress on responsibility of technology companies for state- sponsored disinformation. SEC. 2. SENSE OF CONGRESS. 1 It is the sense of Congress that— 2 (1) the President should immediately marshal 3 and support a whole-of-government response by Fed- 4 eral agencies to address the threat posed by the Gov- 5 ernment of the Russian Federation and to work to 6 prevent interference by that Government and other 7 foreign state actors in United States institutions and 8 democratic processes; 9 (2) the President should publicly call for the 10 Government of the Russian Federation to return 11 Crimea to the control of the Government of Ukraine, 12 end its support for Russian-led forces violence in 13 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 482 RS eastern Ukraine, end its occupation of and support 1 for Russian-led forces on the territory of Georgia 2 and Moldova, and cease enabling the brutal regime 3 of Bashar al-Assad in Syria to commit war crimes; 4 (3) the Russian Federation should— 5 (A) immediately release the Ukrainian sail- 6 ors that were detained following an attack by 7 Russian forces on Ukrainian vessels in the 8 Kerch Strait; and 9 (B) abide by its commitments to freedom 10 of navigation in international waters and allow 11 for passage of Ukrainian vessels through the 12 strait; 13 (4) the President should unequivocally condemn 14 and counter the ongoing interference in United 15 States institutions and democratic processes by the 16 President of the Russian Federation, Vladimir 17 Putin, his government, and affiliates of his govern- 18 ment; 19 (5) the conclusion of the United States intel- 20 ligence community and law enforcement agencies 21 and other United States Government officials that 22 the Russian Federation has perpetrated, and con- 23 tinues to perpetrate, such interference, is correct; 24 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 482 RS (6) the United States should continue to par- 1 ticipate actively as a member of the North Atlantic 2 Treaty Organization by— 3 (A) upholding the Organization’s core prin- 4 ciples of collective defense, democratic rule of 5 law, and peaceful settlement of disputes; 6 (B) boosting coordination and deterrence 7 capacity among member countries; and 8 (C) supporting accession processes of pro- 9 spective member countries who meet the obliga- 10 tions of membership; 11 (7) Congress reiterates its strong support for 12 the Russia Sanctions Review Act of 2017 (22 U.S.C. 13 9511), which allows for congressional review of an 14 action to waive the application of sanctions under 15 the provisions of the Countering America’s Adver- 16 saries Through Sanctions Act (Public Law 115–44; 17 131 Stat. 886) relating to the Russian Federation or 18 a licensing action that significantly alters United 19 States foreign policy with regard to the Russian 20 Federation; and 21 (8) sanctions imposed with respect to the Rus- 22 sian Federation have been most effective when devel- 23 oped and coordinated in close consultation with the 24 European Union. 25 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 482 RS SEC. 3. STATEMENT OF POLICY ON CRIMEA. 1 It is the policy of the United States that— 2 (1) the United States will never recognize the 3 illegal attempted annexation of Crimea by the Rus- 4 sian Federation, similar to the 1940 Welles Declara- 5 tion in which the United States refused to recognize 6 the Soviet annexation of the Baltic States; 7 (2) Crimea is part of the sovereign territory of 8 Ukraine; 9 (3) Crimea is part of Ukraine and the United 10 States rejects attempts to change the status, demo- 11 graphics, or political nature of Crimea; 12 (4) the United States reaffirms its unwavering 13 support for democracy, human rights, and the rule 14 of law for all individuals in Crimea, including non- 15 Russian ethnic groups and religious minorities; 16 (5) the United States condemns all human 17 rights violations against individuals in Crimea, and 18 underscores the culpability of the Government of the 19 Russian Federation for such violations while the ter- 20 ritory of Crimea is under illegal Russian occupation; 21 (6) the United States, in coordination with the 22 European Union, the North Atlantic Treaty Organi- 23 zation, and members of the international commu- 24 nity, should prioritize efforts to prevent the further 25 consolidation of illegal occupying powers in Crimea, 26 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 482 RS reaffirm unified opposition to the actions of the Rus- 1 sian Federation in Crimea, and secure the human 2 rights of individuals there; and 3 (7) the United States welcomes the sanctions 4 that have been imposed and maintained as of the 5 date of the enactment of this Act by the United 6 States and the European Union against persons en- 7 gaged in furthering the illegal occupation of Crimea 8 by the Russian Federation. 9 TITLE I—MATTERS RELATING 10 TO NORTH ATLANTIC TREATY 11 ORGANIZATION 12 Subtitle A—Opposition of the 13 Senate to Withdrawal From NATO 14 SEC. 101. OPPOSITION OF THE SENATE TO WITHDRAWAL 15 FROM NORTH ATLANTIC TREATY. 16 The Senate opposes any effort to withdraw the 17 United States from the North Atlantic Treaty, done at 18 Washington, DC, April 4, 1949. 19 SEC. 102. LIMITATION ON USE OF FUNDS. 20 No funds authorized or appropriated by any Act may 21 be used to support, directly or indirectly, any efforts on 22 the part of any United States Government official to take 23 steps to withdraw the United States from the North At- 24 lantic Treaty, done at Washington, DC, April 4, 1949, 25 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 482 RS until such time as the Senate passes, by an affirmative 1 vote of two-thirds of Members, a resolution advising and 2 consenting to the withdrawal of the United States from 3 the treaty. 4 SEC. 103. AUTHORIZATION FOR SENATE LEGAL COUNSEL 5 TO REPRESENT SENATE IN OPPOSITION TO 6 WITHDRAWAL FROM THE NORTH ATLANTIC 7 TREATY. 8 The Senate Legal Counsel is authorized to represent 9 the Senate in initiating or intervening in any judicial pro- 10 ceedings in any Federal court of competent jurisdiction, 11 on behalf of the Senate, in order to oppose any withdrawal 12 of the United States from the North Atlantic Treaty in 13 the absence of the passage by the Senate of a resolution 14 described in section 102. 15 SEC. 104. REPORTING REQUIREMENT. 16 The Senate Legal Counsel shall report as soon as 17 practicable to the Committee on Foreign Relations of the 18 Senate with respect to any judicial proceedings which the 19 Senate Legal Counsel initiates or in which it intervenes 20 pursuant to this title. 21 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S482.RS S482 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 482 RS Subtitle B—Strengthening the 1 NATO Alliance 2 SEC. 111. REPORT ON NATO ALLIANCE RESILIENCE AND 3 UNITED STATES DIPLOMATIC POSTURE. 4 (a) IN GENERAL.—Not later than 90 days after the 5 date of the enactment of this Act, and every 90 days there- 6 after, the Secretary of State, in consultation with the Sec- 7 retary of Defense, shall submit a report to the appropriate 8 congressional committees providing an assessment of the 9 threats and challenges facing the NATO alliance and 10 United States diplomatic posture. 11 (b) ELEMENTS.—The report required under sub- 12 section (a) shall include the following elements: 13 (1) A review of current and emerging United 14 States national security interests in the NATO area 15 of responsibility. 16 (2) A review of current United States political 17 and diplomatic engagement and political-military co- 18 ordination with NATO and NATO mem [Text truncated for display. Full text available on Congress.gov.]