I 
117TH CONGRESS 
2D SESSION 
H. R. 7302 
To impose sanctions with respect to designated critical cyber threat actors, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2022 
Mr. PFLUGER (for himself, Mr. MCCAUL, Mr. GIMENEZ, Mr. MCKINLEY, and 
Mrs. MILLER-MEEKS) introduced the following bill; which was referred to 
the Committee on Foreign Affairs, and in addition to the Committees on 
Financial Services, Oversight and Reform, and the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To impose sanctions with respect to designated critical cyber 
threat actors, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cyber Deterrence and 
Response Act of 2022’’. 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 2. ACTIONS TO ADDRESS STATE-SPONSORED CYBER 
ACTIVITIES AGAINST THE UNITED STATES. 
(a) DESIGNATION AS A CRITICAL CYBER THREAT 
ACTOR.— 
(1) 
IN
GENERAL.—The 
President, 
acting 
through the Secretary of State, and in coordination 
with the heads of other relevant Federal depart-
ments and agencies, shall designate as a critical 
cyber threat actor— 
(A) each foreign person and each agency 
or instrumentality of a foreign state that the 
President determines to be knowingly respon-
sible for or complicit in, or have engaged in, di-
rectly or indirectly, state-sponsored cyber activi-
ties originating from, or directed by persons lo-
cated, in whole or in substantial part, outside 
the United States that are reasonably likely to 
result in, or have contributed to, a significant 
threat to the national security, foreign policy, or 
economic health or financial stability of the 
United States and that have the purpose or ef-
fect of— 
(i) causing a significant disruption to 
the availability of a computer or network 
of computers; 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(ii) harming, or otherwise significantly 
compromising the provision of service by, a 
computer or network of computers that 
support one or more entities in a critical 
infrastructure sector; 
(iii) significantly compromising the 
provision of services by one or more enti-
ties in a critical infrastructure sector; 
(iv) causing a significant misappro-
priation of funds or economic resources, 
trade secrets, personal identifiers, health 
or financial information for commercial or 
competitive advantage or private financial 
gain; 
(v) destabilizing the financial sector of 
the United States by tampering with, alter-
ing, or causing a misappropriation of data; 
(vi) causing a significant disruption to 
the energy sector of the United States by 
tampering with or altering data or equip-
ment necessary for the operation of the en-
ergy sector in the United States; or 
(vii) interfering with or undermining 
election processes or government institu-
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
tions by tampering with, altering, or caus-
ing misappropriation of data; 
(B) each foreign person that the President 
has determined to have knowingly, significantly, 
and materially assisted, sponsored, or provided 
financial, material, or technological support for, 
or goods or services to or in support of, any ac-
tivities described in subparagraph (A) by a for-
eign person or agency or instrumentality of a 
foreign state designated as a critical cyber 
threat actor under subparagraph (A); 
(C) each agency or instrumentality of a 
foreign state that the President has determined 
to have significantly and materially assisted, 
sponsored, or provided financial, material, or 
technological support for, or goods or services 
to or in support of, any activities described in 
subparagraph (A) by a foreign person or agency 
or instrumentality of a foreign state designated 
as a critical cyber threat actor under subpara-
graph (A); and 
(D) any person determined by the Presi-
dent to be responsible for or complicit in, or to 
have engaged in, the receipt or use for commer-
cial or competitive advantage or private finan-
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
cial gain, or by a commercial entity, outside the 
United States of data or information, including 
trade secrets, misappropriated through cyber- 
enabled means, knowing they have been mis-
appropriated, where the misappropriation of 
such trade secrets is reasonably likely to result 
in, or has materially contributed to, a signifi-
cant threat to the national security, foreign pol-
icy, or economic health or financial stability of 
the United States or personal safety of Amer-
ican citizens. 
(2) TRANSMISSION
TO
CONGRESS.—Not later 
than 7 calendar days after designating a foreign per-
son or agency or instrumentality of a foreign state 
as a critical cyber threat actor under paragraph (1), 
the President shall transmit to the appropriate con-
gressional committees in classified or unclassified 
form a report identifying the designee. 
(b) NON-TRAVEL-RELATED SANCTIONS.— 
(1) IN GENERAL.—The President shall impose 
one or more of the applicable sanctions described in 
paragraph (2) with respect to each foreign person 
and each agency or instrumentality of a foreign 
state designated as a critical cyber threat actor 
under subsection (a). 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(2) SANCTIONS DESCRIBED.—The sanctions de-
scribed in this paragraph are the following: 
(A) The President may provide for the 
withdrawal, limitation, or suspension of non-hu-
manitarian United States development assist-
ance under chapter 1 of part I of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.). 
(B) The President may provide for the 
withdrawal, limitation, or suspension of United 
States security assistance under part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 
2301 et seq.). 
(C) The President may direct the United 
States executive director to each international 
financial institution to use the voice and vote of 
the United States to oppose any loan from the 
international financial institution that would 
benefit the designated foreign person or the 
designated agency or instrumentality of a for-
eign state. 
(D) The President may direct the United 
States International Development Finance Cor-
poration, or any other United States Govern-
ment agency not to approve the issuance of any 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(or a specified number of) guarantees, insur-
ance, extensions of credit, or participation in 
the extension of credit. 
(E) The President may, pursuant to such 
regulations or guidelines as the President may 
prescribe, prohibit any United States person 
from purchasing or selling any publicly traded 
securities, or any publicly traded securities that 
are derivative of such securities or are designed 
to provide investment exposure to such securi-
ties or investing in or purchasing significant 
amounts of equity or debt instruments of the 
designated foreign person. 
(F) The President may, pursuant to proce-
dures the President shall prescribe, which shall 
include the opportunity to appeal actions under 
this subparagraph, prohibit any United States 
agency or instrumentality from procuring, or 
entering into any contract for the procurement 
of, any goods, technology, or services, or classes 
of goods, technology, or services, from the des-
ignated foreign person or the designated agency 
or instrumentality of a foreign state. 
(G) The President may terminate— 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(i) sales to that country under the 
Arms Export Control Act (22 U.S.C. 2751 
et seq.) of any defense articles, defense 
services, or design and construction serv-
ices; and 
(ii) sales to that country of any item 
on the United States Munitions List main-
tained pursuant to part 121 of title 22, 
Code of Federal Regulations. 
(H) The President may prohibit the entity 
and, when acting for or on the entity’s behalf, 
its successors, assigns, directors, officers, em-
ployees, representatives, or agents, from directly 
or indirectly participating in transactions in-
volving any commodity, software, or technology 
subject to United States jurisdiction under the 
Export Administration Regulations (‘‘EAR’’) or 
any other activity subject to the EAR, includ-
ing— 
(i) applying for, obtaining, or using 
any license, license exception, or export 
control document; 
(ii) carrying out negotiations con-
cerning, ordering, buying, receiving, using, 
selling, delivering, storing, disposing of, 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
forwarding, transporting, financing, or 
servicing in any way any item exported or 
to be exported from the United States that 
is subject to the EAR; and 
(iii) benefitting in any way from any 
transaction involving any item exported or 
to be exported from the United States that 
is subject to the EAR. 
(I) The President may prohibit any person, 
whether a United States or non-United States 
person, from engaging in the following activi-
ties, either directly or indirectly, with the entity: 
(i) Exporting or reexporting to or on 
behalf of the entity any item subject to the 
EAR. 
(ii) Facilitating the acquisition or at-
tempted acquisition by the entity of the 
ownership, possession, or control of any 
item subject to the EAR that has been or 
will be exported from the United States, 
including financing or other support activi-
ties related to a transaction whereby the 
entity acquires or attempts to acquire such 
ownership, possession or control. 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(iii) Acquiring from or facilitating the 
acquisition or attempted acquisition from 
the entity or any item subject to the EAR 
that has been exported from the United 
States. 
(iv) Obtaining from the entity in the 
United States any item subject to the EAR 
with knowledge or reason to know that the 
item will be, or is intended to be, exported 
from the United States. 
(v) Engaging in any transaction to 
service any item subject to the EAR that 
has been or will be exported from the 
United States and which is owned, pos-
sessed, or controlled by the entity if such 
service involves the use of any item subject 
to the EAR that has been or will be ex-
ported from the United States (for pur-
poses of this paragraph ‘‘service’’ means 
installation, maintenance, repair, modifica-
tion, or testing). 
(J)(i) The President may exercise all of 
the powers granted to the President under the 
International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.) (except that the re-
VerDate Sep 11 2014 
20:55 Apr 05, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
quirements of section 202 of such Act (50 
U.S.C. 1701) shall not apply) to the extent nec-
essary to block and prohibit all transactions in 
property and interests in property of the des-
ignated foreign person if such property and in-
terests 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 penalties provided for in sub-
sections (b) and (c) of section 206 of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1705) shall apply to a person that vio-
lates, attempts to violate, conspires to violate, 
or causes a violation of regulations prescribed 
under clause (i) to the same extent that such 
penalties apply to a person that commits an un-
lawful act described in subsection (a) of such 
section 206. 
(K) The President may, pursuant to such 
regulations as the President may prescribe, pro-
hibit any transfers of credit or payments be-
tween one or more financial institutions or by, 
through, or to any financial institution, to the 
extent that such transfers or payments are sub-
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
ject to the jurisdiction of the United States and 
involve any interest of the designated foreign 
person. 
(c) TRAVEL-RELATED SANCTIONS.— 
(1) ALIENS INELIGIBLE FOR VISAS, ADMISSION, 
OR PAROLE.—An alien who is designated as a crit-
ical cyber threat actor under subsection (a) is— 
(A) inadmissible to the United States; 
(B) ineligible to receive a visa or other doc-
umentation to enter the United States; and 
(C) otherwise ineligible to be admitted or 
paroled into the United States or to receive any 
other benefit under the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.). 
(2) CURRENT
VISAS
REVOKED.—The issuing 
consular officer, the Secretary of State, or the Sec-
retary of Homeland Security (or a designee of either 
such Secretaries) shall revoke any visa or other 
entry documentation issued to the foreign person 
designated as a critical cyber threat actor under sub-
section (a) regardless of when issued. A revocation 
under this clause shall take effect immediately and 
shall automatically cancel any other valid visa or 
entry documentation that is in the possession of 
such foreign person. 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(d) ADDITIONAL SANCTIONS WITH RESPECT
TO 
FOREIGN COUNTRIES.— 
(1) IN GENERAL.—The President may impose 
any of the sanctions described in paragraph (2) with 
respect to the government of each country that the 
President has determined aided, abetted, or directed 
a foreign person or agency or instrumentality of a 
foreign state designated as a critical cyber threat 
actor under subsection (a). 
(2) SANCTIONS DESCRIBED.—The sanctions re-
ferred to in paragraph (1) are the following: 
(A) The President may provide for the 
withdrawal, limitation, or suspension of non-hu-
manitarian 
or 
non-trade-related 
assistance 
United States development assistance under 
chapter 1 of part I of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151 et seq.). 
(B) The President may provide for the 
withdrawal, limitation, or suspension of United 
States security assistance under part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 
2301 et seq.). 
(C) The President may instruct the United 
States Executive Director to each appropriate 
international financial institution to oppose, and 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
vote against the extension by such institution of 
any loan or financial assistance to the govern-
ment of the country. 
(D) No item on the United States Muni-
tions List (maintained pursuant to part 121 of 
title 22, Code of Federal Regulations) or the 
Commerce Control List set forth in Supplement 
No. 1 to part 774 of title 15, Code of Federal 
Regulations, may be exported to the govern-
ment of the country or any entity under its in-
fluence, control, or ownership. 
(E)(i) No intrusion software or IP network 
communications surveillance systems or related 
items that are subject to the Export Adminis-
tration Regulations, whether or not enumerated 
on the Commerce Control List, may be ex-
ported, reexported, or transferred, directly or 
indirectly, to the government of the country or 
any entity under its influence, control, or own-
ership. 
(ii) For purposes of this subparagraph, the 
terms ‘‘intrusion software’’ and ‘‘IP network 
communications’’ mean any— 
(I) systems, equipment, or compo-
nents specially designed for the generation, 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
operation or delivery of, or communication 
with, with intrusion software; 
(II) software specially designed or 
modified for the development or production 
of such systems, equipment or components; 
(III) software specially designed for 
the generation, operation or delivery of, or 
communication with, intrusion software; 
technology required for the development of 
intrusion software; and 
(IV) internet protocol network com-
munications surveillance systems or equip-
ment and test, inspection, production 
equipment, specially designed components 
therefor, and development and production 
software and technology therefor. 
(e) 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. 
(f) COORDINATION.—To the extent practicable— 
(1) actions taken by the President pursuant to 
this section should be coordinated with United 
States allies and partners; and 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(2) the Secretary of State should work with 
United States allies and partners, on a voluntary 
basis, to lead an international diplomatic initiative 
to— 
(A) deter critical cyber threat actors and 
state-sponsored cyber activities; and 
(B) provide mutual support to such allies 
and partners participating in such initiative to 
respond to such state-sponsored cyber activities. 
(g) EXEMPTIONS, WAIVERS, AND REMOVALS
OF 
SANCTIONS AND DESIGNATIONS.— 
(1) MANDATORY EXEMPTIONS.—Activities sub-
ject to the reporting requirements of title V of the 
National Security Act of 1947 (50 U.S.C. 413 et 
seq.), and any authorized intelligence activities of 
the United States, shall be exempt from the imposi-
tion of sanctions under this section. 
(2) WAIVER.—The President may waive, on a 
case-by-case basis, the imposition of sanctions de-
scribed in this section for a period of not more than 
1 year, and may renew such waiver for additional 
periods of not more than 1 year, if the President 
transmits to the appropriate congressional commit-
tees a written determination that such waiver meets 
one or more of the following requirements: 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(A) Such waiver is in the national interests 
of the United States. 
(B) Such waiver will further the enforce-
ment of this Act or is for an important law en-
forcement purpose. 
(C) Such waiver is for an important hu-
manitarian purpose. 
(3) REMOVALS OF SANCTIONS AND DESIGNA-
TIONS.—The President may prescribe rules and reg-
ulations for the removal of sanctions under sub-
sections (b), (c), and (d) and the removal of designa-
tions under subsection (a) if the President deter-
mines that a foreign person, agency or instrumen-
tality of a foreign state, or government of a country 
subject to such sanctions or such designations, as 
the case may be, has verifiably ceased its participa-
tion in any of the conduct with respect to which 
such foreign person, agency or instrumentality of a 
foreign state, or government was subject to such 
sanctions or designation, as the case may be, under 
this section, and has given assurances that such for-
eign person, agency or instrumentality of a foreign 
state, or government, as the case may be, will no 
longer participate in such conduct. 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(4) EXCEPTION TO COMPLY WITH UNITED NA-
TIONS
HEADQUARTERS
AGREEMENT.—Sanctions 
under subsection (c) shall not apply to a foreign per-
son if admitting such foreign person into the United 
States is necessary to permit the United States to 
comply with the Agreement regarding the Head-
quarters of the United Nations, signed at Lake Suc-
cess June 26, 1947, and entered into force Novem-
ber 21, 1947, between the United Nations and the 
United States, or other applicable international obli-
gations. 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the authority of the Presi-
dent under the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.) or any other provision of 
law to impose sanctions to address critical cyber threat 
actors and malicious state-sponsored cyber activities. 
(i) DEFINITIONS.—In this section: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given such terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(A) the Committee on Foreign Affairs, the 
Committee on Financial Services, the Com-
mittee on the Judiciary, the Committee on 
Oversight and Reform, and the Committee on 
Homeland Security of the House of Representa-
tives; and 
(B) the Committee on Foreign Relations, 
the Committee on Banking, Housing, and 
Urban Affairs, the Committee on the Judiciary, 
and the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
(3) AGENCY OR INSTRUMENTALITY OF A FOR-
EIGN STATE.—The term ‘‘agency or instrumentality 
of a foreign state’’ has the meaning given such term 
in section 1603(b) of title 28, United States Code. 
(4) CRITICAL INFRASTRUCTURE SECTOR.—The 
term ‘‘critical infrastructure sector’’ means any of 
the designated critical infrastructure sectors identi-
fied in the Presidential Policy Directive entitled 
‘‘Critical Infrastructure Security and Resilience’’, 
numbered 21, and dated February 12, 2013. 
(5) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(6) FOREIGN STATE.—The term ‘‘foreign state’’ 
has the meaning given such term in section 1603(a) 
of title 28, United States Code. 
(7) 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. 
(8) MISAPPROPRIATION.—The term ‘‘misappro-
priation’’ means taking or obtaining by improper 
means, without permission or consent, or under false 
pretenses. 
(9) STATE-SPONSORED
CYBER
ACTIVITIES.— 
The term ‘‘state-sponsored cyber activities’’ means 
any malicious cyber-enabled activities that— 
(A) are carried out by a government of a 
foreign country or an agency or instrumentality 
of a foreign state; or 
(B) are carried out by a foreign person 
that is aided, abetted, or directed by a govern-
ment of a foreign country or an agency or in-
strumentality of a foreign state. 
(10) UNITED
STATES
PERSON.—The term 
‘‘United States person’’ means— 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS
(A) a United States citizen or an alien law-
fully 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. 
Æ 
VerDate Sep 11 2014 
16:40 Apr 04, 2022
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6301
E:\BILLS\H7302.IH
H7302
pamtmann on DSKBC07HB2PROD with BILLS