What This Bill Does
This bill directs the Secretary of State to designate the Wagner Group, a Russian-based military organization, as a foreign terrorist organization. The bill states that Wagner Group activities pose a threat to the national security of the United States and its allies, particularly regarding Russia's war on Ukraine.
Who It Affects
The Secretary of State, the Wagner Group, affiliated and successor entities of the Wagner Group, the President, and Congress (specifically the Armed Services, Foreign Relations, Banking/Housing/Urban Affairs, Financial Services, Foreign Affairs, and Judiciary committees).
Key Provisions
• The Secretary of State must designate the Wagner Group as a foreign terrorist organization within 90 days after the bill becomes law, following the process outlined in the Immigration and Nationality Act (Sec. 4(a))
• The designation applies equally to any affiliated and successor entities of the Wagner Group that conduct harmful activities against the United States and its allies and partners, including in Ukraine, Africa, and the Middle East (Sec. 4(b))
• The President can waive the application of sanctions if the President determines and reports to Congress that doing so is in the national security interest of the United States (Sec. 4(c))
• The Secretary of State must submit an annual report to the appropriate congressional committees on the international activities of the Wagner Group, starting no later than one year after the bill becomes law (Sec. 4(d))
What Changes
The Wagner Group will be officially classified as a foreign terrorist organization under U.S. law, which triggers legal consequences and restrictions under existing terrorism laws. Congress will receive yearly reports about the group's activities worldwide.
Important Definitions
The bill defines "terrorism" as premeditated, politically motivated violence directed against noncombatant targets by subnational groups or clandestine agents. The bill defines "appropriate congressional committees" as seven specific committees in the Senate and House of Representatives listed in Section 4(e).
Effective Date
The Secretary of State must complete the designation within 90 days after the bill becomes law. The annual reporting requirement begins no later than one year after the bill becomes law.
I
118TH CONGRESS
1ST SESSION
H. R. 506
To designate the Russian-based mercenary Wagner Group as a foreign
terrorist organization, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 25, 2023
Mr. COHEN (for himself, Mr. WILSON of South Carolina, Mr. VEASEY, Mr.
HUDSON, Mr. LIEU, Mr. FITZPATRICK, Mr. GALLEGO, Ms. SALAZAR, and
Ms. KAPTUR) introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To designate the Russian-based mercenary Wagner Group
as a foreign terrorist organization, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLES.
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This Act may be cited as the ‘‘Holding Accountable
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Russian Mercenaries Act’’ or the ‘‘HARM Act’’.
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SEC. 2. FINDINGS.
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Congress makes the following findings:
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•HR 506 IH
(1) The Secretary of State’s designation of an
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entity as a foreign terrorist organization results
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from a determination that—
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(A) the entity is foreign and engages in
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terrorism or terrorist activity; and
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(B) the terrorist activity threatens the se-
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curity of the United States or its nationals.
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(2) The activities of the Wagner Group and af-
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filiated entities of Russian national Yevgeniy
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Prigozhin pose a threat to the national interests and
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national security of the United States and allies and
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partners of the United States, including with respect
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to Russia’s war on Ukraine, which President Biden
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declared, on March 2, 2022, ‘‘pose[s] an unusual
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and extraordinary threat to the national security
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and foreign policy of the United States’’.
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(3) On June 20, 2017, the Department of the
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Treasury’s Office of Foreign Assets Control des-
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ignated the Wagner Group and its military leader,
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Dmitry Utkin, pursuant to Executive Order 13660
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(titled ‘‘Blocking Property of Additional Certain
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Persons Contributing to the Situation in Ukraine’’)
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‘‘for being responsible for or complicit in, or having
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engaged in, directly or indirectly, actions or policies
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•HR 506 IH
that threaten the peace, security, stability, sov-
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ereignty or territorial integrity of Ukraine’’.
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(4) On September 20, 2018, the Department of
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State added Yevgeniy Prigozhin and his affiliated
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entities, including the Wagner Group, to the list of
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persons identified as part of, or operating for or on
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behalf of, the defense or intelligence sectors of the
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Government of the Russian Federation under section
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231 of the Countering America’s Adversaries
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Through Sanctions Act (22 U.S.C. 9525).
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(5) On January 20, 2023, the White House an-
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nounced it will designate the Wagner Group a
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Transnational Criminal Organization pursuant to
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the International Emergency Economic Powers Act
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(50 U.S.C. 1701–1706).
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(6) The Wagner Group, a self-described private
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actor that undertakes military action and subversive
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operations at the behest of the Government of the
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Russian Federation, is a ‘‘terrorist group’’ that en-
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gages in ‘‘terrorism’’ (as defined in section 140(d) of
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the Foreign Relations Authorization Act, Fiscal
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Year 1988 and 1989 (22 U.S.C. 2656f(d))), which
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is ‘‘premeditated, politically motivated violence per-
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petrated against noncombatant targets by sub-
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national groups or clandestine agents’’.
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•HR 506 IH
(7) The Wagner Group and its affiliated enti-
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ties have committed, or are credibly accused of com-
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mitting, terrorist activity (as defined in section
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212(a)(3)(B) of the Immigration and Nationality
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Act (8 U.S.C. 1182(a)(3)(B))), through their in-
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volvement in—
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(A) the massacres, rape, and torture of ci-
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vilians in Bucha, Ukraine, in March 2022;
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(B) the massacres in Moura, Mali, in
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March 2022;
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(C) the massacres of migrant workers and
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civilians in mining regions along the Sudan-
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Central African Republic border in 2022;
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(D) the murder of Russian journalists in
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the Central African Republic in June 2018 as
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well as threats against United States journalists
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investigating such incident;
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(E) the kidnapping of children in the Cen-
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tral African Republic in 2022 to work in mines;
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(F) the rape and sex trafficking of women
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and children in the Central African Republic
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between 2018 and 2022;
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(G) the sabotage and lethal suppression of
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civilian protestors in Sudan in 2019;
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•HR 506 IH
(H) the use of nerve agents against
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Libya’s Government of National Accord and de-
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ployment of illegal landmines and booby-traps
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in civilian areas of Tripoli between 2019 and
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2020;
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(I) the torture and execution of a Syrian
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national in June 2017;
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(J) efforts to assassinate Ukrainian Presi-
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dent Volodymyr Zelensky in March 2022; and
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(K) the receipt of weapons shipments ini-
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tially reported in December 2022 from the
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Democratic People’s Republic of North Korea,
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which the Secretary of State had designated a
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state sponsor of terrorism on November 20,
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2017.
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SEC. 3. SENSE OF CONGRESS.
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It is the sense of Congress that—
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(1) the Russian-based mercenary Wagner
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Group meets the criteria for designation by the Sec-
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retary of State as a foreign terrorist organization
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under section 219(a) of the Immigration and Na-
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tionality Act (8 U.S.C. 1189(a)); and
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(2) the Secretary of State should designate the
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Wagner Group as a foreign terrorist organization
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under such section 219.
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•HR 506 IH
SEC. 4. DESIGNATION OF THE MERCENARY WAGNER
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GROUP AS A FOREIGN TERRORIST ORGANI-
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ZATION.
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(a) IN GENERAL.—Not later than 90 days after the
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date of the enactment of this Act, the Secretary of State
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shall designate the Wagner Group as a foreign terrorist
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organization in accordance with section 219(a) of the Im-
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migration and Nationality Act (8 U.S.C. 1189(a)).
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(b) APPLICATION.—The designation required under
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subsection (a) shall equally apply to any affiliated and suc-
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cessor entities to the Wagner Group undertaking malign
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activities against the United States and its allies and part-
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ners, including activities taking place in Ukraine, Africa,
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and the Middle East.
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(c) WAIVER.—The President may waive the applica-
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tion of sanctions under this section if the President deter-
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mines and reports to the appropriate congressional com-
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mittees that such a waiver is in the national security inter-
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est of the United States.
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(d) ANNUAL REPORT.—Not later than 1 year after
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the date of the enactment of this Act, and annually there-
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after, the Secretary of State shall submit to the appro-
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priate congressional committees a report on the inter-
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national activities of the Russian-based mercenary Wagner
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Group.
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•HR 506 IH
(e) DEFINED TERM.—In this section, the term ‘‘ap-
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propriate congressional committees’’ means—
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(1) the Committee on Armed Services of the
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Senate;
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(2) the Committee on Foreign Relations of the
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Senate;
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(3) the Committee on Banking, Housing, and
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Urban Affairs of the Senate;
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(4) the Committee on Financial Services of the
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House of Representatives;
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(5) the Committee on Foreign Affairs of the
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House of Representatives;
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(6) the Committee on the Judiciary of the
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House of Representatives; and
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(7) the Committee on Armed Services of the
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House of Representatives.
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Æ
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