Cyber Deterrence and Response Act of 2022
Bill: H.R.7302 | Sponsor: Rep. Pfluger, August (R-TX)
Policy area: International Affairs

Summary:
Cyber Deterrence and Response Act of 2022
This bill imposes sanctions on foreign persons (individuals or entities, including agencies of a foreign state) that are knowingly responsible for or have engaged in certain state-sponsored cyber activities, generally those that originate from outside of the United States and are reasonably likely to contribute to a significant threat to U.S. national security, foreign policy, economic health, or financial stability. The bill also imposes sanctions on certain foreign persons that provide material support for such state-sponsored cyber activities.

To impose sanctions with respect to designated critical cyber threat 
                    actors, 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.

    This Act may be cited as the ``Cyber Deterrence and Response Act of 
2022''.

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 departments 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 responsible for or complicit 
                in, or have engaged in, directly or indirectly, state-
                sponsored cyber activities originating from, or 
                directed by persons located, 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 effect 
                of--
                            (i) causing a significant disruption to the 
                        availability of a computer or network of 
                        computers;
                            (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 entities 
                        in a critical infrastructure sector;
                            (iv) causing a significant misappropriation 
                        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, altering, 
                        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 equipment 
                        necessary for the operation of the energy 
                        sector in the United States; or
                            (vii) interfering with or undermining 
                        election processes or government institutions 
                        by tampering with, altering, or causing 
                        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 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 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 
                subparagraph (A); and
                    (D) any person determined by the President to be 
                responsible for or complicit in, or to have engaged in, 
                the receipt or use for commercial or competitive 
                advantage or private financial 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 
                misappropriated, where the misappropriation of such 
                trade secrets is reasonably likely to result in, or has 
                materially contributed to, a significant threat to the 
                national security, foreign policy, or economic health 
                or financial stability of the United States or personal 
                safety of American citizens.
            (2) Transmission to congress.--Not later than 7 calendar 
        days after designating a foreign person or agency or 
        instrumentality of a foreign state as a critical cyber threat 
        actor under paragraph (1), the President shall transmit to the 
        appropriate congressional 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).
            (2) Sanctions described.--The sanctions described in this 
        paragraph are the following:
                    (A) The President may provide for the withdrawal, 
                limitation, or suspension of non-humanitarian 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 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 foreign state.
                    (D) The President may direct the United States 
                International Development Finance Corporation, or any 
                other United States Government agency not to approve 
                the issuance of any (or a specified number of) 
                guarantees, insurance, 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 
                securities or investing in or purchasing significant 
                amounts of equity or debt instruments of the designated 
                foreign person.
                    (F) The President may, pursuant to procedures 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 
                designated foreign person or the designated agency or 
                instrumentality of a foreign state.
                    (G) The President may terminate--
                            (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 services; and
                            (ii) sales to that country of any item on 
                        the United States Munitions List maintained 
                        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, employees, 
                representatives, or agents, from directly or indirectly 
                participating in transactions involving any commodity, 
                software, or technology subject to United States 
                jurisdiction under the Export Administration 
                Regulations (``EAR'') or any other activity subject to 
                the EAR, including--
                            (i) applying for, obtaining, or using any 
                        license, license exception, or export control 
                        document;
                            (ii) carrying out negotiations concerning, 
                        ordering, buying, receiving, using, selling, 
                        delivering, storing, disposing of, 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 activities, 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 
                        attempted 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 activities related 
                        to a transaction whereby the entity acquires or 
                        attempts to acquire such ownership, possession 
                        or control.
                            (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, possessed, or controlled by the 
                        entity if such service involves the use of any 
                        item subject to the EAR that has been or will 
                        be exported from the United States (for 
                        purposes of this paragraph ``service'' means 
                        installation, maintenance, repair, 
                        modification, 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 requirements of section 202 of such 
                Act (50 U.S.C. 1701) shall not apply) to the extent 
                necessary to block and prohibit all transactions in 
                property and interests in property of the designated 
                foreign person 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 penalties provided for in subsections (b) 
                and (c) of section 206 of the International Emergency 
                Economic Powers Act (50 U.S.C. 1705) shall apply to a 
                person that violates, 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 
                unlawful act described in subsection (a) of such 
                section 206.
                    (K) The President may, pursuant to such regulations 
                as the President may prescribe, prohibit any transfers 
                of credit or payments between one or more financial 
                institutions or by, through, or to any financial 
                institution, to the extent that such transfers or 
                payments are subject 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 critical cyber threat actor under 
        subsection (a) is--
                    (A) inadmissible to the United States;
                    (B) ineligible to receive a visa or other 
                documentation 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 Nationality Act (8 U.S.C. 
                1101 et seq.).
            (2) Current visas revoked.--The issuing consular officer, 
        the Secretary of State, or the Secretary 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 subsection 
        (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.
    (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 referred to in 
        paragraph (1) are the following:
                    (A) The President may provide for the withdrawal, 
                limitation, or suspension of non-humanitarian 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 vote against the 
                extension by such institution of any loan or financial 
                assistance to the government of the country.
                    (D) No item on the United States Munitions 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 
                government of the country or any entity under its 
                influence, control, or ownership.
                    (E)(i) No intrusion software or IP network 
                communications surveillance systems or related items 
                that are subject to the Export Administration 
                Regulations, whether or not enumerated on the Commerce 
                Control List, may be exported, reexported, or 
                transferred, directly or indirectly, to the government 
                of the country or any entity under its influence, 
                control, or ownership.
                    (ii) For purposes of this subparagraph, the terms 
                ``intrusion software'' and ``IP network 
                communications'' mean any--
                            (I) systems, equipment, or components 
                        specially designed for the generation, 
                        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 
                        communications surveillance systems or 
                        equipment 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
            (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 subject 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 imposition of sanctions under this section.
            (2) Waiver.--The President may waive, on a case-by-case 
        basis, the imposition of sanctions described 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 committees 
        a written determination that such waiver meets one or more of 
        the following requirements:
                    (A) Such waiver is in the national interests of the 
                United States.
                    (B) Such waiver will further the enforcement of 
                this Act or is for an important law enforcement 
                purpose.
                    (C) Such waiver is for an important humanitarian 
                purpose.
            (3) Removals of sanctions and designations.--The President 
        may prescribe rules and regulations for the removal of 
        sanctions under subsections (b), (c), and (d) and the removal 
        of designations under subsection (a) if the President 
        determines that a foreign person, agency or instrumentality 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 participation 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 foreign person, agency or 
        instrumentality of a foreign state, or government, as the case 
        may be, will no longer participate in such conduct.
            (4) Exception to comply with united nations headquarters 
        agreement.--Sanctions under subsection (c) shall not apply to a 
        foreign person if admitting such foreign person into the United 
        States is necessary to permit the United States to comply with 
        the Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations.
    (h) Rule of Construction.--Nothing in this section may be construed 
to limit the authority of the President 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 committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Financial Services, the Committee on the Judiciary, 
                the Committee on Oversight and Reform, and the 
                Committee on Homeland Security of the House of 
                Representatives; 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 foreign 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 identified in the Presidential Policy 
        Directive entitled ``Critical Infrastructure Security and 
        Resilience'', numbered 21, and dated February 12, 2013.
            (5) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (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 ``misappropriation'' 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 government of a 
                foreign country or an agency or instrumentality of a 
                foreign state.
            (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.
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