Stopping Malign Activities from Russian Terrorism Act

II Calendar No. 332 116TH CONGRESS 1ST SESSION S. 1189 To require the Secretary of State to determine whether the Russian Federa- tion should be designated as a state sponsor of terrorism and whether Russian-sponsored armed entities in Ukraine should be designated as foreign terrorist organizations. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Mr. GARDNER (for himself and Mr. MENENDEZ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations DECEMBER 17, 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 require the Secretary of State to determine whether the Russian Federation should be designated as a state spon- sor of terrorism and whether Russian-sponsored armed entities in Ukraine should be designated as foreign ter- rorist organizations. 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 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS 2 •S 1189 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Stopping Malign Ac- 2 tivities from Russian Terrorism Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) APPROPRIATE CONGRESSIONAL COMMIT- 6 TEES.—The term ‘‘appropriate congressional com- 7 mittees’’ means— 8 (A) the Committee on Foreign Relations of 9 the Senate; and 10 (B) the Committee on Foreign Affairs of 11 the House of Representatives. 12 (2) STATE SPONSOR OF TERRORISM.—The term 13 ‘‘state sponsor of terrorism’’ means a country, the 14 government of which the Secretary of State has de- 15 termined, for purposes of section 6(j) of the Export 16 Administration Act of 1979 (50 U.S.C. 4605(j)) (as 17 in effect pursuant to the International Emergency 18 Economic Powers Act), section 620A of the Foreign 19 Assistance Act of 1961 (22 U.S.C. 2371), section 40 20 of the Arms Export Control Act (22 U.S.C. 2780), 21 or any other provision of law, is a government that 22 has repeatedly provided support for acts of inter- 23 national terrorism. 24 VerDate Sep 11 2014 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS 3 •S 1189 RS SEC. 3. DETERMINATION ON THE DESIGNATION OF THE 1 RUSSIAN FEDERATION AS A STATE SPONSOR 2 OF TERRORISM. 3 (a) IN GENERAL.—Not later than 90 days after the 4 date of the enactment of this Act, the Secretary of State 5 shall submit a determination to the appropriate congres- 6 sional committees that indicates whether the Russian Fed- 7 eration meets the criteria to be designated as a state spon- 8 sor of terrorism. 9 (b) FORM.—The determination required under sub- 10 section (a) shall be submitted in unclassified form, but 11 may include a classified annex, if appropriate. 12 SEC. 4. DETERMINATION ON THE DESIGNATION OF THE 13 RUSSIAN-SUPPORTED ARMED FORCES IN THE 14 DONBAS REGION OF UKRAINE AS FOREIGN 15 TERRORIST ORGANIZATIONS. 16 (a) IN GENERAL.—Not later than 90 days after the 17 date of the enactment of this Act, the Secretary of State 18 shall submit a determination to the appropriate congres- 19 sional committees that indicates whether armed entities 20 that are physically present in the Donbas region of 21 Ukraine and are controlled or aided by the Russian Fed- 22 eration, or armed entities that are associated or controlled 23 by the ‘‘Donetsk People’s Republic’’ or the ‘‘Lugansk Peo- 24 ple’s Republic’’, meet the criteria to be designated as for- 25 VerDate Sep 11 2014 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS 4 •S 1189 RS eign terrorist organizations under section 219 of the Im- 1 migration and Nationality Act (8 U.S.C. 1189). 2 (b) FORM.—The determination required under sub- 3 section (a) shall be submitted in unclassified form, but 4 may include a classified annex, if appropriate. 5 SECTION 1. SHORT TITLE. 6 This Act may be cited as the ‘‘Stopping Malign Activi- 7 ties from Russian Terrorism Act’’. 8 SEC. 2. DEFINITIONS. 9 In this Act: 10 (1) APPROPRIATE CONGRESSIONAL COMMIT- 11 TEES.—The term ‘‘appropriate congressional commit- 12 tees’’ means— 13 (A) the Committee on Foreign Relations of 14 the Senate; and 15 (B) the Committee on Foreign Affairs of the 16 House of Representatives. 17 (2) STATE SPONSOR OF TERRORISM.—The term 18 ‘‘state sponsor of terrorism’’ means a country, the 19 government of which the Secretary of State has deter- 20 mined, for purposes of section 1754(c)(1)(A)(i) of the 21 Export Control Reform Act of 2018 (50 U.S.C. 22 4813(c)(1)(A)(i)), section 620A of the Foreign Assist- 23 ance Act of 1961 (22 U.S.C. 2371), section 40 of the 24 Arms Export Control Act (22 U.S.C. 2780), or any 25 VerDate Sep 11 2014 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS 5 •S 1189 RS other provision of law, is a government that has re- 1 peatedly provided support for acts of international 2 terrorism. 3 SEC. 3. DETERMINATION ON THE DESIGNATION OF THE 4 RUSSIAN FEDERATION AS A STATE SPONSOR 5 OF TERRORISM. 6 (a) IN GENERAL.—Not later than 90 days after the 7 date of the enactment of this Act, the Secretary of State 8 shall submit a determination to the appropriate congres- 9 sional committees that indicates whether the Russian Fed- 10 eration meets the criteria to be designated as a state sponsor 11 of terrorism. 12 (b) FORM.—The determination required under sub- 13 section (a) shall be submitted in unclassified form, but may 14 include a classified annex, if appropriate. 15 SEC. 4. DETERMINATION ON THE DESIGNATION OF THE 16 RUSSIAN-SUPPORTED ARMED FORCES IN THE 17 DONBAS REGION OF UKRAINE AS FOREIGN 18 TERRORIST ORGANIZATIONS. 19 (a) IN GENERAL.—Not later than 90 days after the 20 date of the enactment of this Act, the Secretary of State 21 shall submit a determination to the appropriate congres- 22 sional committees that indicates whether armed entities 23 that are physically present in the Donbas region of Ukraine 24 and are controlled or aided by the Russian Federation, or 25 VerDate Sep 11 2014 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS 6 •S 1189 RS armed entities that are associated or controlled by the 1 ‘‘Donetsk People’s Republic’’ or the ‘‘Lugansk People’s Re- 2 public’’, meet the criteria to be designated as foreign ter- 3 rorist organizations under section 219 of the Immigration 4 and Nationality Act (8 U.S.C. 1189). 5 (b) FORM.—The determination required under sub- 6 section (a) shall be submitted in unclassified form, but may 7 include a classified annex, if appropriate. 8 SEC. 5. RULES OF CONSTRUCTION. 9 Nothing in this Act may be construed— 10 (1) to authorize the use of military force; or 11 (2) to limit bilateral military-to-military dia- 12 logue between the United States and the Russian Fed- 13 eration for the purpose of reducing the risk of conflict. 14 VerDate Sep 11 2014 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS VerDate Sep 11 2014 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS Calendar No. 332 116TH CONGRESS 1ST SESSION S. 1189 A BILL To require the Secretary of State to determine whether the Russian Federation should be des- ignated as a state sponsor of terrorism and whether Russian-sponsored armed entities in Ukraine should be designated as foreign terrorist organizations. DECEMBER 17, 2019 Reported with an amendment VerDate Sep 11 2014 21:34 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1189.RS S1189 kjohnson on DSK79L0C42 with BILLS