S.Amdt. 2538

SA 2538. Mr. GARDNER (for himself, Mr. Coons, 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 subtitle F of title X, add the following:

SEC. 1066. MANDATORY SANCTIONS WITH RESPECT TO IRAN RELATING
TO SIGNIFICANT ACTIVITIES UNDERMINING UNITED
STATES CYBERSECURITY.

(a) Investigation.--The President shall initiate an
investigation into the possible designation of an Iranian
person under subsection (b) upon receipt by the President of
credible information indicating that the person has engaged
in conduct described in subsection (b).
(b) Designation.--The President shall designate under this
subsection any Iranian person that the President determines
has knowingly--
(1) engaged in significant activities undermining United
States cybersecurity conducted by the Government of Iran; or
(2) acted for or on behalf of the Government of Iran in
connection with such activities.
(c) Sanctions.--The President shall block and prohibit all
transactions in all property and interests in property of any
Iranian person designated under subsection (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.
(d) Suspension of Sanctions.--
(1) In general.--The President may suspend the application
of sanctions under subsection (c) with respect to an Iranian
person only if the President submits to the appropriate
congressional committees in writing a certification described
in paragraph (2) and a detailed justification for the
certification.
(2) Certification described.--
(A) In general.--A certification described in this
paragraph with respect to an Iranian person is a
certification by the President that--
(i) the person has not, during the 12-month period
immediately preceding the date of the certification,
knowingly engaged in activities that would qualify the person
for designation under subsection (b); and
(ii) the person is not expected to resume any such
activities.
(B) Form of certification.--The certification described in
subparagraph (A) shall be submitted in unclassified form but
may include a classified annex.
(e) Reimposition of Sanctions.--If sanctions are suspended
with respect to an Iranian person under subsection (d), such
sanctions shall be reinstated if the President determines
that the person has resumed the activity that resulted in the
initial imposition of sanctions or has engaged in any other
activity subject to sanctions relating to the involvement of
the person in significant activities undermining United
States cybersecurity on behalf of the Government of Iran.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et
seq.), or any other provision of law.
(g) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report that describes significant activities
undermining United States

[[Page S3371]]

cybersecurity conducted by the Government of Iran, a person
owned or controlled, directly or indirectly, by that
Government, or any person acting for or on behalf of that
Government.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) An assessment of the extent to which a foreign
government has provided material support to the Government of
Iran, to any person owned or controlled, directly or
indirectly, by that Government, or to any person acting for
or on behalf of that Government, in connection with the
conduct of significant activities undermining United States
cybersecurity.
(B) A strategy to counter efforts by Iran to conduct
significant activities undermining United States
cybersecurity that includes a description of efforts to
engage foreign governments in preventing the Government of
Iran, persons owned or controlled, directly or indirectly, by
that Government, and persons acting for or on behalf of that
Government from conducting significant activities undermining
United States cybersecurity.
(3) Form of report.--Each report required by paragraph (1)
shall be submitted in an unclassified form but may include a
classified annex.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning
given that term in section 14 of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(2) Cybersecurity.--The term ``cybersecurity'' means the
activity or process, ability or capability, or state whereby
information and communications systems and the information
contained therein are protected from or defended against
damage, unauthorized use or modification, or exploitation.
(3) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a citizen or national of Iran; or
(B) an entity organized under the laws of Iran or otherwise
subject to the jurisdiction of the Government of Iran.
(4) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(5) 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.
______