S.Amdt. 2444

SA 2444. Mr. VAN HOLLEN (for himself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations for fiscal year 2019 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 end of title XII, add the following:

Subtitle H--Deterrence of Foreign Interference in United States
Elections

SEC. 1281. SHORT TITLE.

This subtitle may be cited as the ``Defending Elections
from Threats by Establishing Redlines Act of 2018''.

SEC. 1282. DEFINITIONS.

In this subtitle:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'',
and ``payable-through account'' have the meanings given those
terms in section 5318A of title 31, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, the Committee on Finance,
the Select Committee on Intelligence, and the Committee on
Rules and Administration of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, the
Permanent Select Committee on Intelligence, and the Committee
on House Administration of the House of Representatives.
(3) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader of the Senate;
and
(C) the Speaker, the majority leader, and the minority
leader of the House of Representatives.
(4) Election and campaign infrastructure.--The term
``election and campaign infrastructure'' means information
and communications technology and systems used by or on
behalf of--
(A) the Federal Government or a State or local government
in managing the election process, including voter
registration databases, voting machines, voting tabulation
equipment, equipment for the secure transmission of election
results, and other systems; or
(B) a principal campaign committee or national committee
(as those terms are defined in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101)) with respect
to strategy or tactics affecting the conduct of a political
campaign, including electronic communications, and the
information stored on, processed by, or transiting such
technology and systems.
(5) Interference in united states elections.--The term
``interference'', with respect to a United States election,
means any of the following actions of the government of a
foreign country, or any person acting as an agent of or on
behalf of such a government, undertaken with the intent to
influence the election:
(A) Obtaining unauthorized access to election and campaign
infrastructure or related systems or data and releasing such
data or modifying such infrastructure, systems, or data.
(B) Blocking or degrading otherwise legitimate and
authorized access to election and campaign infrastructure or
related systems or data.
(C) Significant contributions or expenditures for
advertising, including on the internet.
(D) Using social, other internet-based, or traditional
media to spread significant false or derogatory information
to individuals in the United States.
(E) Staging, organizing, coordinating, or promoting
rallies, meetings, or events in the United States.
(F) Posing as United States persons and communicating with
individuals in the United States.
(6) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(7) Person.--The term ``person'' means individual or
entity.
(8) Presidential election cycle.--The term ``presidential
election cycle'' means the period beginning on the day after
the date of the most recent election for the office of
President of the United States and ending on the date of the
next election for that office.
(9) United states election.--The term ``United States
election'' means any United States Federal election.
(10) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.

PART I--DETERMINATION OF FOREIGN INTERFERENCE IN UNITED STATES
ELECTIONS

SEC. 1283. DETERMINATION OF FOREIGN INTERFERENCE IN UNITED
STATES ELECTIONS.

(a) In General.--Not later than 30 days after a United
States election, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, the Director of the National Security Agency,
the Director of the Central Intelligence Agency, the
Secretary of State, the Secretary of the Treasury, and the
Attorney General, shall--
(1) determine whether or not the government of a foreign
country, or any person acting as an agent of or on behalf of
that government, knowingly engaged in interference in the
election; and
(2) submit to the appropriate congressional committees and
leadership a report on that determination, including, if the
Director determines that interference did occur--
(A) an identification of the government or person that
engaged in such interference; and
(B) if the Government of the Russian Federation, or any
person acting as an agent of or on behalf of that Government,
engaged in such interference, a list of any senior foreign
political figures or oligarchs in the Russian Federation
identified under section 241(a)(1)(A) of the Countering
Russian Influence in Europe and Eurasia Act of 2017 (title II
of Public Law 115-44; 131 Stat. 922) who directly or
indirectly contributed to such interference.
(b) Additional Reporting.--If the Director of National
Intelligence determines and reports under subsection (a) that
neither the government of a foreign country nor any person
acting as an agent of or on behalf of that government
knowingly engaged in interference in a United States
election, and the Director subsequently determines that that
government, or such a person, did engage in such
interference, the Director shall, not later than 30 days
after making that determination, submit to the appropriate
congressional committees and leadership--
(1) a report on the subsequent determination; and
(2) if Director determines that the Government of the
Russian Federation, or any person acting as an agent of or on
behalf of that Government, engaged in such interference, a
list of any senior foreign political figures or oligarchs in
the Russian Federation identified under section 241(a)(1)(A)
of the Countering Russian Influence in Europe and Eurasia Act
of 2017 (title II of Public Law 115-44; 131 Stat. 922) who
directly or indirectly contributed to such interference.
(c) Form of Report.--Each report required by subsection (a)
or (b) shall be submitted in unclassified form but may
include a classified annex.

PART II--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY THE
RUSSIAN FEDERATION

SEC. 1284. IMPOSITION OF SANCTIONS.

(a) In General.--If the Director of National Intelligence
determines under section

[[Page S3340]]

1283 that the Government of the Russian Federation, or any
person acting as an agent of or on behalf of that Government,
knowingly engaged in interference in a United States
election, the President shall, not later than 10 days after
such determination is made, impose the following sanctions:
(1) Blocking the assets of certain state-owned russian
financial institutions and restricting accounts.--
(A) In general.--The Secretary of the Treasury shall impose
one or more of the following sanctions on 3 or more entities
specified in subparagraph (B):
(i) Pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), blocking and prohibiting all
transactions in all property and interests in property of the
entity if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(ii) Prohibiting, or imposing strict conditions on, the
opening or maintaining in the United States of a
correspondent account or payable-through account by the
entity.
(B) Entities specified.--The entities specified in this
subparagraph are the following:
(i) Sberbank.
(ii) VTB Bank.
(iii) Gazprombank.
(iv) Vnesheconombank.
(v) Bank of Moscow.
(vi) Rosselkhozbank.
(2) Blocking the assets of certain russian energy
companies.--
(A) In general.--The Secretary of the Treasury shall,
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions
in all property and interests in property of 2 or more of the
entities specified in subparagraph (B) if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(B) Entities specified.--The entities specified in this
subparagraph are the following:
(i) Gazprom.
(ii) Rosneft.
(iii) Lukoil.
(3) Blocking the assets of entities in russian defense and
intelligence sectors.--
(A) In general.--The Secretary of the Treasury shall,
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions
in all property and interests in property of any entity
described in subparagraph (B) if such property and interests
in property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(B) Entities described.--An entity described in this
subparagraph is--
(i) an entity that the President determines pursuant to
section 231 of the Countering Russian Influence in Europe and
Eurasia Act of 2017 (22 U.S.C. 9525) is part of, or operates
for or on behalf of, the defense or intelligence sectors of
the Government of the Russian Federation; or
(ii) an entity in which an entity described in clause (i)
has an ownership interest of 50 percent or more.
(4) Blocking the assets of certain russian state-owned
entities.--
(A) In general.--The Secretary of the Treasury shall,
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions
in all property and interests in property of any entity
described in subparagraph (B) in which the Government of the
Russian Federation has an ownership interest of 25 percent or
more if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(B) Entities described.--The entities described in this
subparagraph are the following:
(i) Any entity in the railway or metals and mining sector
of the economy of the Russian Federation.
(ii) Any aerospace company or air carrier, including any
subsidiary of such a company or carrier.
(5) Blocking the assets of entities acquired by russian
state-owned entities.--The Secretary of the Treasury shall,
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions
in all property and interests in property of any entity in
which an entity owned 50 percent or more in the aggregate by
the Government of the Russian Federation acquires, on or
after the date of the enactment of this Act, an ownership
interest of 20 percent or more if such property and interests
in property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(6) Prohibition on transactions involving certain russian
debt.--The Secretary of the Treasury shall, pursuant to such
regulations as the Secretary may prescribe, prohibit all
transactions within the United States or by a United States
person, in--
(A) sovereign debt of the Government of the Russian
Federation issued on or after the date of the enactment of
this Act, including governmental bonds; and
(B) debt of any entity owned or controlled by the Russian
Federation issued on or after such date of enactment,
including bonds.
(7) Blocking the assets of senior political figures and
oligarchs and exclusion from the united states.--
(A) In general.--The President shall impose with respect to
any senior foreign political figure or oligarch in the
Russian Federation identified under subsection (a)(2)(B) or
(b)(2) of section 1283 the following sanctions:
(i) Pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.), the President shall block and
prohibit all transactions in all property and interests in
property of the individual if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(ii) The President shall deny a visa to, and exclude from
the United States, the individual, and revoke in accordance
with section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)) any visa or other documentation of the
individual.
(B) Public availability of information.--Information about
the denial or revocation of a visa or other documentation
under subparagraph (A)(ii) shall be made available to the
public.
(b) Report to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the committees specified in
paragraph (2) a report--
(A) identifying the 6 largest financial institutions owned
or controlled by the Government of the Russian Federation,
determined by estimated net assets; and
(B) identifying the 3 largest energy companies in the
Russian Federation, in terms of estimated net assets.
(2) Committees specified.--The committees specified in this
paragraph are--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(c) Exceptions.--
(1) Exception for importation of goods.--The requirement to
impose sanctions under subsection (a) shall not include the
authority to impose sanctions with respect to the importation
of goods (as defined in section 16 of the Export
Administration Act of 1979 (50 U.S.C. 4618) (as continued in
effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.))).
(2) Compliance with united nations headquarters
agreement.--Subsection (a)(7)(A)(ii) shall not apply with
respect to the admission of an alien to the United States if
such admission is necessary to comply with United States
obligations under the Agreement between the United Nations
and the United States of America regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, under the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or under other
international agreements.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(e) Suspension.--
(1) In general.--The President may suspend sanctions
imposed under subsection (a) on or after the date on which
the Director of National Intelligence, in consultation with
the Director of the Federal Bureau of Investigation, the
Director of the National Security Agency, the Director of the
Central Intelligence Agency, the Secretary of State, the
Secretary of the Treasury, and the Attorney General, submits
to the appropriate congressional committees and leadership a
certification that the Government of the Russian Federation
has not engaged in interference in United States elections
for at least one presidential election cycle.
(2) Reimposition.--
(A) Reports required.--Not later than 90 days after a
suspension of sanctions under paragraph (1) takes effect, and
every 90 days thereafter, the President shall submit to the
appropriate congressional committees and leadership a report
on whether the Government of the Russian Federation is taking
measures to--
(i) improve the oversight of and prosecutions relating to
interference in United States elections; and
(ii) credibly demonstrate a significant change in behavior
and credibly commit to not engaging in such interference in
the future.
(B) Reimposition.--If the President determines under
subparagraph (A) that the Government of the Russian
Federation is not taking measures described in that
subparagraph, the President shall reimpose the sanctions
suspended under paragraph (1).
(f) Termination.--The President may terminate sanctions
imposed under subsection

[[Page S3341]]

(a) on or after the date on which the Director of National
Intelligence, in consultation with the Director of the
Federal Bureau of Investigation, the Director of the National
Security Agency, the Director of the Central Intelligence
Agency, the Secretary of State, the Secretary of the
Treasury, and the Attorney General, submits to the
appropriate congressional committees and leadership a
certification that--
(1) the Government of the Russian Federation has not
engaged in interference in United States elections for at
least 2 presidential election cycles; and
(2) the President has received credible commitments from
the Government of the Russian Federation that that Government
will not engage in such interference in the future.

SEC. 1285. STRATEGY ON COORDINATION WITH EUROPEAN UNION.

Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the appropriate
congressional committees and leadership a strategy on how the
United States will--
(1) work in concert with the European Union and member
countries of the European Union to deter interference by the
Government of the Russian Federation in elections; and
(2) coordinate with the European Union and member countries
of the European Union to enact legislation similar to this
title.

PART III--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY OTHER
FOREIGN GOVERNMENTS

SEC. 1286. BRIEFING ON INTERFERENCE IN UNITED STATES
ELECTIONS.

Not later than 90 days after the date of the enactment of
this Act, and every 90 days thereafter, the President, or a
designee of the President, shall brief the appropriate
congressional committees and leadership on any government of
a foreign country, or person acting as an agent of or on
behalf of that government, that is determined by the
President to have engaged in or to be likely to engage in
interference in a United States election.

SEC. 1287. DETERRENCE STRATEGIES FOR INTERFERENCE IN UNITED
STATES ELECTIONS BY CHINA, IRAN, NORTH KOREA,
AND OTHER FOREIGN GOVERNMENTS OF CONCERN.

Not later than 90 days after the date of the enactment of
this Act, the President shall submit to the appropriate
congressional committees and leadership a report that
includes--
(1) a strategy of the President to deter interference in a
United States election by the Government of the People's
Republic of China, the Government of Iran, the Government of
the Democratic People's Republic of Korea, and any other
foreign government determined by the President to have
engaged in or to be likely to engage in interference in a
United States election, including any person acting as an
agent of or on behalf of such a government;
(2) proposed sanctions if that government engages in such
interference and any authorities the President may require
from Congress to impose such sanctions;
(3) other actions undertaken by Federal agencies or in
cooperation with other countries to deter such interference;
and
(4) a plan for communicating such deterrence actions to
those governments.
______