Defending Elections from Threats by Establishing Redlines Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1060 To deter foreign interference in United States elections, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 8, 2019 Mr. VAN HOLLEN (for himself and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Banking, Hous- ing, and Urban Affairs A BILL To deter foreign interference in United States elections, 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Defending Elections from Threats by Establishing Red- 5 lines Act of 2019’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Definitions. VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 2 •S 1060 IS TITLE I—DETERMINATION OF FOREIGN INTERFERENCE IN UNITED STATES ELECTIONS Sec. 101. Determination of foreign interference in United States elections. Sec. 102. Updated report on oligarchs and parastatal entities of the Russian Federation. TITLE II—DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY THE RUSSIAN FEDERATION Sec. 201. Report on estimated net worth of President Vladimir Putin and other senior foreign political figures of the Russian Federation. Sec. 202. Imposition of sanctions. Sec. 203. Congressional review of waiver, suspension, and termination of sanc- tions. Sec. 204. Sense of Congress on strategy on coordination with European Union. TITLE III—DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY OTHER FOREIGN GOVERNMENTS Sec. 301. Briefing on interference in United States elections. Sec. 302. Sense of Congress on deterrence strategies for interference in United States elections by foreign governments of concern. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY- 3 ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 4 ‘‘correspondent account’’, and ‘‘payable-through ac- 5 count’’ have the meanings given those terms in sec- 6 tion 5318A of title 31, United States Code. 7 (2) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES.—The term ‘‘appropriate congressional com- 9 mittees’’ means— 10 (A) the Committee on Banking, Housing, 11 and Urban Affairs, the Committee on Foreign 12 Relations, the Committee on Finance, the Se- 13 lect Committee on Intelligence, and the Com- 14 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 3 •S 1060 IS mittee on Rules and Administration of the Sen- 1 ate; and 2 (B) the Committee on Financial Services, 3 the Committee on Foreign Affairs, the Com- 4 mittee on Ways and Means, the Permanent Se- 5 lect Committee on Intelligence, and the Com- 6 mittee on House Administration of the House 7 of Representatives. 8 (3) APPROPRIATE CONGRESSIONAL COMMIT- 9 TEES AND LEADERSHIP.—The term ‘‘appropriate 10 congressional committees and leadership’’ means— 11 (A) the appropriate congressional commit- 12 tees; 13 (B) the majority leader and minority lead- 14 er of the Senate; and 15 (C) the Speaker, the majority leader, and 16 the minority leader of the House of Representa- 17 tives. 18 (4) ELECTION AND CAMPAIGN INFRASTRUC- 19 TURE.—The term ‘‘election and campaign infra- 20 structure’’ means information and communications 21 technology and systems used by or on behalf of— 22 (A) the Federal Government or a State or 23 local government in managing the election proc- 24 ess, including voter registration databases, vot- 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 4 •S 1060 IS ing machines, voting tabulation equipment, 1 equipment for the secure transmission of elec- 2 tion results, and other systems; or 3 (B) a principal campaign committee or na- 4 tional committee (as those terms are defined in 5 section 301 of the Federal Election Campaign 6 Act of 1971 (52 U.S.C. 30101)) with respect to 7 strategy or tactics affecting the conduct of a 8 political campaign, including electronic commu- 9 nications, and the information stored on, proc- 10 essed by, or transiting such technology and sys- 11 tems. 12 (5) FEDERAL ELECTION CYCLE.—The term 13 ‘‘Federal election cycle’’ means the period beginning 14 on the day after the date of the most recent election 15 for members of the House of Representatives and 16 ending on the date of the next election for members 17 of the House of Representatives. 18 (6) FOREIGN PERSON.—The term ‘‘foreign per- 19 son’’ means a person that is not a United States 20 person. 21 (7) GOOD.—The term ‘‘good’’ means any arti- 22 cle, natural or manmade substance, material, supply 23 or manufactured product, including inspection and 24 test equipment, and excluding technical data. 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 5 •S 1060 IS (8) INTERFERENCE IN UNITED STATES ELEC- 1 TIONS.— 2 (A) IN GENERAL.—Except as provided in 3 subparagraph (B), the term ‘‘interference’’, 4 with respect to a United States election, means 5 any of the following actions of the government 6 of a foreign country, or any person acting as an 7 agent of or on behalf of such a government, un- 8 dertaken with the intent to influence the elec- 9 tion: 10 (i) Obtaining unauthorized access to 11 election and campaign infrastructure or re- 12 lated systems or data and releasing such 13 data or modifying such infrastructure, sys- 14 tems, or data. 15 (ii) Unlawfully blocking or degrading 16 otherwise legitimate and authorized access 17 to election and campaign infrastructure or 18 related systems or data. 19 (iii) Significant unlawful contributions 20 or expenditures for advertising, including 21 on the internet. 22 (iv) Using social, other internet-based, 23 or traditional media to spread information 24 to individuals in the United States without 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 6 •S 1060 IS disclosing that such information is being 1 disseminated by a foreign government or a 2 foreign person acting on behalf of a foreign 3 government. 4 (B) EXCEPTIONS.— 5 (i) EXCEPTION FOR PUBLICLY IDEN- 6 TIFIED STATEMENTS.—The term ‘‘inter- 7 ference’’, with respect to a United States 8 election, does not include— 9 (I) any public statement by a for- 10 eign leader, official, or government 11 agency with respect to a candidate for 12 office, official of the United States 13 Government, or policy of the United 14 States, if it is clear that the statement 15 is made by that foreign leader, gov- 16 ernment official, or government agen- 17 cy and no effort has been made to 18 conceal the individual or entity mak- 19 ing the statement; or 20 (II) any other statement if a for- 21 eign government is readily and pub- 22 licly identifiable as the source of the 23 statement. 24 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 7 •S 1060 IS (ii) EXCEPTION FOR FOREIGN GOV- 1 ERNMENT BROADCASTS.—The term ‘‘inter- 2 ference’’, with respect to a United States 3 election, does not include the broadcast of 4 views of a foreign government through 5 broadcast channels owned or controlled by 6 that government, if that ownership or con- 7 trol is readily and publicly identifiable. 8 (9) KNOWINGLY.—The term ‘‘knowingly’’, with 9 respect to conduct, a circumstance, or a result, 10 means that a person has actual knowledge, or should 11 have known, of the conduct, the circumstance, or the 12 result. 13 (10) PERSON.—The term ‘‘person’’ means indi- 14 vidual or entity. 15 (11) UNITED STATES ELECTION.—The term 16 ‘‘United States election’’ means any United States 17 Federal election. 18 (12) UNITED STATES PERSON.—The term 19 ‘‘United States person’’ means— 20 (A) a United States citizen or an alien law- 21 fully admitted for permanent residence to the 22 United States; or 23 (B) an entity organized under the laws of 24 the United States or of any jurisdiction within 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 8 •S 1060 IS the United States, including a foreign branch of 1 such an entity. 2 TITLE I—DETERMINATION OF 3 FOREIGN INTERFERENCE IN 4 UNITED STATES ELECTIONS 5 SEC. 101. DETERMINATION OF FOREIGN INTERFERENCE IN 6 UNITED STATES ELECTIONS. 7 (a) IN GENERAL.—Not later than 60 days after a 8 United States election, the Director of National Intel- 9 ligence, in consultation with the Director of the Federal 10 Bureau of Investigation, the Director of the National Se- 11 curity Agency, the Director of the Central Intelligence 12 Agency, the Secretary of State, the Secretary of the Treas- 13 ury, the Attorney General, and the Secretary of Homeland 14 Security, shall— 15 (1) determine with a high level of confidence 16 whether or not the government of a foreign country, 17 or any foreign person acting as an agent of or on 18 behalf of that government, knowingly engaged in in- 19 terference in the election; and 20 (2) submit to the appropriate congressional 21 committees and leadership a report on that deter- 22 mination, including, if the Director determines that 23 interference did occur— 24 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 9 •S 1060 IS (A) an identification of the government or 1 foreign person that engaged in such inter- 2 ference; and 3 (B) if the Government of the Russian Fed- 4 eration, or any foreign person acting as an 5 agent of or on behalf of that Government, en- 6 gaged in such interference, a list of any senior 7 foreign political figures or oligarchs in the Rus- 8 sian Federation identified under section 9 241(a)(1)(A) of the Countering Russian Influ- 10 ence in Europe and Eurasia Act of 2017 (title 11 II of Public Law 115–44; 131 Stat. 922) who 12 directly or indirectly contributed to such inter- 13 ference. 14 (b) ADDITIONAL REPORTING.—If the Director of Na- 15 tional Intelligence determines and reports under sub- 16 section (a) that neither the government of a foreign coun- 17 try nor any foreign person acting as an agent of or on 18 behalf of that government knowingly engaged in inter- 19 ference in a United States election, and the Director sub- 20 sequently determines that that government, or such a for- 21 eign person, did engage in such interference, the Director 22 shall, not later than 60 days after making that determina- 23 tion, submit to the appropriate congressional committees 24 and leadership— 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 10 •S 1060 IS (1) a report on the subsequent determination; 1 and 2 (2) if the Director determines that the Govern- 3 ment of the Russian Federation, or any foreign per- 4 son acting as an agent of or on behalf of that Gov- 5 ernment, engaged in such interference, a list of any 6 senior foreign political figures or oligarchs in the 7 Russian Federation identified under section 8 241(a)(1)(A) of the Countering Russian Influence in 9 Europe and Eurasia Act of 2017 (title II of Public 10 Law 115–44; 131 Stat. 922) who directly or indi- 11 rectly contributed to such interference. 12 (c) FORM OF REPORT.—Each report required by sub- 13 section (a) or (b) shall be submitted in unclassified form 14 but may include a classified annex. 15 SEC. 102. UPDATED REPORT ON OLIGARCHS AND 16 PARASTATAL ENTITIES OF THE RUSSIAN 17 FEDERATION. 18 Section 241 of the Countering America’s Adversaries 19 Through Sanctions Act (Public Law 115–44; 131 Stat. 20 922) is amended— 21 (1) by redesignating subsections (b) and (c) as 22 subsections (c) and (d), respectively; 23 (2) by inserting after subsection (a) the fol- 24 lowing: 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 11 •S 1060 IS ‘‘(b) UPDATED REPORT.—Not later than one year 1 after the date of the enactment of the Defending Elections 2 from Threats by Establishing Redlines Act of 2019, and 3 annually thereafter, the Secretary of the Treasury, in con- 4 sultation with the Director of National Intelligence and 5 the Secretary of State, shall submit to the appropriate 6 congressional committees an updated report on oligarchs 7 and parastatal entities of the Russian Federation that 8 builds on the report submitted under subsection (a) on 9 January 29, 2018, and that includes the matters described 10 in paragraphs (1) through (5) of subsection (a).’’; and 11 (3) in subsection (c), as redesignated by para- 12 graph (1), by striking ‘‘The report required under 13 subsection (a)’’ and inserting ‘‘The reports required 14 by subsections (a) and (b)’’. 15 TITLE II—DETERRING INTER- 16 FERENCE IN UNITED STATES 17 ELECTIONS BY THE RUSSIAN 18 FEDERATION 19 SEC. 201. REPORT ON ESTIMATED NET WORTH OF PRESI- 20 DENT VLADIMIR PUTIN AND OTHER SENIOR 21 FOREIGN POLITICAL FIGURES OF THE RUS- 22 SIAN FEDERATION. 23 (a) IN GENERAL.—Not later than 180 days after the 24 date of the enactment of this Act, and not less frequently 25 VerDate Sep 11 2014 04:40 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1060.IS S1060 kjohnson on DSK79L0C42 with BILLS 12 •S 1060 IS than biannually thereafter, the President shall submit to 1 the appropriate congressional committees a report that 2 contains— 3 (1) the estimated total net worth of each indi- 4 vidual described in subsection (b); and 5 (2) a description of how the funds of each such 6 individual were acquired and how such funds have 7 been used or employed. 8 (b) INDIVIDUALS DESCRIBED.—The individuals de- 9 scribed in this subsection are the following: 10 (1) President Vladimir Putin. 11 (2) Any other senior foreign political figure of 12 the Russian Federation identified in the report 13 under subsection (a)(1)(A) of section 241 of the 14 Countering Russian Influence in Europe and Eur- 15 asia Act of 2017 (title II of Public Law 115–44; 131 16 Stat. 922), or any update to that report under sub- 17 section (b) of such section, as added by section 103. 18 (c) FORM OF REPORT; PUBLIC AVAILABILITY.— 19 (1) FORM.—The report required unde [Text truncated for display. 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