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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2313 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  2d Session
                                S. 2313

To deter foreign interference in United States elections, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2018

  Mr. Van Hollen (for himself and Mr. Rubio) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Defending 
Elections from Threats by Establishing Redlines Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
    TITLE I--DETERMINATION OF FOREIGN INTERFERENCE IN UNITED STATES 
                               ELECTIONS

Sec. 101. Determination of foreign interference in United States 
                            elections.
  TITLE II--DETERRING INTERFERENCE IN UNITED STATES ELECTIONS BY THE 
                           RUSSIAN FEDERATION

Sec. 201. Imposition of sanctions.
Sec. 202. Sense of Congress 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 China, Iran, 
                            North Korea, and other foreign governments 
                            of concern.

SEC. 2. DEFINITIONS.

    In this Act:
            (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) Contributions or expenditures for advertising, 
                including on the internet.
                    (D) Using social or traditional media to spread 
                significant amounts of false information to 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.

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

SEC. 101. 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, and the Director of the Central 
Intelligence Agency, 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 an 
        identification of the government or person that interfered in 
        the election if the Director determines that interference did 
        occur.
    (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 submit to the appropriate congressional committees and 
leadership a report on the subsequent determination not later than 30 
days after making that determination.
    (c) Form of Report.--Each report required by subsection (a) or (b) 
shall be submitted in unclassified form but may include a classified 
annex.

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

SEC. 201. IMPOSITION OF SANCTIONS.

    (a) In General.--If the Director of National Intelligence 
determines under section 101 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 
                three 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 two 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 has 
                        determined under section 231 of the Countering 
                        Russian Influence in Europe and Eurasia Act of 
                        2017 (22 U.S.C. 9525) engages in a significant 
                        transaction with a person that 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.--The President 
        shall impose with respect to any senior foreign political 
        figure or oligarch in the Russian Federation described in 
        subsection (a)(1) of section 241 of the Countering Russian 
        Influence in Europe and Eurasia Act of 2017 (title II of Public 
        Law 115-44; 131 Stat. 922) and identified in the report 
        required by that section the following sanctions:
                    (A) 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.
                    (B) 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) 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;
                    (B) identifying the 3 largest energy companies in 
                the Russian Federation, in terms of estimated net 
                assets; and
                    (C) recommending entities that should be subject to 
                sanctions pursuant to paragraphs (1) and (2) of 
                subsection (a), as appropriate.
            (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)(B) 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.--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, and the 
Director of the Central Intelligence Agency, 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 2 presidential election cycles.
    (f) Termination.--The President may terminate 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, 
and the Director of the Central Intelligence Agency, 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 reliable assurances that the 
        Government of the Russian Federation will not engage in such 
        interference in the future.

SEC. 202. SENSE OF CONGRESS ON COORDINATION WITH EUROPEAN UNION.

    It is the sense of Congress that the United States should--
            (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 Act.

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

SEC. 301. 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 as having engaged in or being likely to engage in 
interference in a United States election.

SEC. 302. SENSE OF CONGRESS ON DETERRENCE STRATEGIES FOR INTERFERENCE 
              IN UNITED STATES ELECTIONS BY CHINA, IRAN, NORTH KOREA, 
              AND OTHER FOREIGN GOVERNMENTS OF CONCERN.

    It is the sense of Congress that--
            (1) not later than 90 days after the date of the enactment 
        of this Act, the President should submit to the appropriate 
        congressional committees and leadership a report that includes 
        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 as having engaged in or being 
        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; and
            (2) the report described in paragraph (1) should include--
                    (A) proposed sanctions if that government engages 
                in such interference and any authorities the President 
                may require from Congress to impose such sanctions;
                    (B) other actions undertaken by Federal agencies or 
                in cooperation with other countries to deter such 
                interference; and
                    (C) a plan for communicating such deterrence 
                actions to those governments.
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