[115th Congress Public Law 44]
[From the U.S. Government Publishing Office]
[[Page 885]]
COUNTERING AMERICA'S ADVERSARIES THROUGH SANCTIONS ACT
<star> (Star Print)
[[Page 131 STAT. 886]]
Public Law 115-44
115th Congress
An Act
To provide congressional review and to counter aggression by the
Governments of Iran, the Russian Federation, and North Korea, and for
other purposes. <<NOTE: Aug. 2, 2017 - [H.R. 3364]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Countering
America's Adversaries Through Sanctions Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 22 USC 9401 note.>> Short Title.--This Act may be cited
as the ``Countering America's Adversaries Through Sanctions Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SANCTIONS WITH RESPECT TO IRAN
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Regional strategy for countering conventional and asymmetric
Iranian threats in the Middle East and North Africa.
Sec. 104. Imposition of additional sanctions in response to Iran's
ballistic missile program.
Sec. 105. Imposition of terrorism-related sanctions with respect to the
IRGC.
Sec. 106. Imposition of additional sanctions with respect to persons
responsible for human rights abuses.
Sec. 107. Enforcement of arms embargos.
Sec. 108. Review of applicability of sanctions relating to Iran's
support for terrorism and its ballistic missile program.
Sec. 109. Report on coordination of sanctions between the United States
and the European Union.
Sec. 110. Report on United States citizens detained by Iran.
Sec. 111. Exceptions for national security and humanitarian assistance;
rule of construction.
Sec. 112. Presidential waiver authority.
TITLE II--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION AND COMBATING
TERRORISM AND ILLICIT FINANCING
Sec. 201. Short title.
Subtitle A--Sanctions and Other Measures With Respect to the Russian
Federation
Sec. 211. Findings.
Sec. 212. Sense of Congress.
Part 1--Congressional Review of Sanctions Imposed With Respect to the
Russian Federation
Sec. 215. Short title.
Sec. 216. Congressional review of certain actions relating to sanctions
imposed with respect to the Russian Federation.
Part 2--Sanctions With Respect to the Russian Federation
Sec. 221. Definitions.
Sec. 222. Codification of sanctions relating to the Russian Federation.
Sec. 223. Modification of implementation of Executive Order No. 13662.
[[Page 131 STAT. 887]]
Sec. 224. Imposition of sanctions with respect to activities of the
Russian Federation undermining cybersecurity.
Sec. 225. Imposition of sanctions relating to special Russian crude oil
projects.
Sec. 226. Imposition of sanctions with respect to Russian and other
foreign financial institutions.
Sec. 227. Mandatory imposition of sanctions with respect to significant
corruption in the Russian Federation.
Sec. 228. Mandatory imposition of sanctions with respect to certain
transactions with foreign sanctions evaders and serious human
rights abusers in the Russian Federation.
Sec. 229. Notifications to Congress under Ukraine Freedom Support Act of
2014.
Sec. 230. Standards for termination of certain sanctions with respect to
the Russian Federation.
Sec. 231. Imposition of sanctions with respect to persons engaging in
transactions with the intelligence or defense sectors of the
Government of the Russian Federation.
Sec. 232. Sanctions with respect to the development of pipelines in the
Russian Federation.
Sec. 233. Sanctions with respect to investment in or facilitation of
privatization of state-owned assets by the Russian
Federation.
Sec. 234. Sanctions with respect to the transfer of arms and related
materiel to Syria.
Sec. 235. Sanctions described.
Sec. 236. Exceptions, waiver, and termination.
Sec. 237. Exception relating to activities of the National Aeronautics
and Space Administration.
Sec. 238. Rule of construction.
Part 3--Reports
Sec. 241. Report on oligarchs and parastatal entities of the Russian
Federation.
Sec. 242. Report on effects of expanding sanctions to include sovereign
debt and derivative products.
Sec. 243. Report on illicit finance relating to the Russian Federation.
Subtitle B--Countering Russian Influence in Europe and Eurasia
Sec. 251. Findings.
Sec. 252. Sense of Congress.
Sec. 253. Statement of policy.
Sec. 254. Coordinating aid and assistance across Europe and Eurasia.
Sec. 255. Report on media organizations controlled and funded by the
Government of the Russian Federation.
Sec. 256. Report on Russian Federation influence on elections in Europe
and Eurasia.
Sec. 257. Ukranian energy security.
Sec. 258. Termination.
Sec. 259. Appropriate congressional committees defined.
Subtitle C--Combating Terrorism and Illicit Financing
Part 1--National Strategy for Combating Terrorist and Other Illicit
Financing
Sec. 261. Development of national strategy.
Sec. 262. Contents of national strategy.
Part 2--Enhancing Antiterrorism Tools of the Department of the Treasury
Sec. 271. Improving antiterror finance monitoring of funds transfers.
Sec. 272. Sense of Congress on international cooperation regarding
terrorist financing intelligence.
Sec. 273. Examining the counter-terror financing role of the Department
of the Treasury in embassies.
Sec. 274. Inclusion of Secretary of the Treasury on the National
Security Council.
Sec. 275. Inclusion of all funds.
Part 3--Definitions
Sec. 281. Definitions.
Subtitle D--Rule of Construction
Sec. 291. Rule of construction.
Sec. 292. Sense of Congress on the strategic importance of Article 5 of
the North Atlantic Treaty.
[[Page 131 STAT. 888]]
TITLE III--SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 301. Short title.
Sec. 302. Definitions.
Subtitle A--Sanctions to Enforce and Implement United Nations Security
Council Sanctions Against North Korea
Sec. 311. Modification and expansion of requirements for the designation
of persons.
Sec. 312. Prohibition on indirect correspondent accounts.
Sec. 313. Limitations on foreign assistance to noncompliant governments.
Sec. 314. Amendments to enhance inspection authorities.
Sec. 315. Enforcing compliance with United Nations shipping sanctions
against North Korea.
Sec. 316. Report on cooperation between North Korea and Iran.
Sec. 317. Report on implementation of United Nations Security Council
resolutions by other governments.
Sec. 318. Briefing on measures to deny specialized financial messaging
services to designated North Korean financial institutions.
Subtitle B--Sanctions With Respect to Human Rights Abuses by the
Government of North Korea
Sec. 321. Sanctions for forced labor and slavery overseas of North
Koreans.
Sec. 322. Modifications to sanctions suspension and waiver authorities.
Sec. 323. Reward for informants.
Sec. 324. Determination on designation of North Korea as a state sponsor
of terrorism.
Subtitle C--General Authorities
Sec. 331. Authority to consolidate reports.
Sec. 332. Rule of construction.
Sec. 333. Regulatory authority.
Sec. 334. Limitation on funds.
TITLE I <<NOTE: Countering Iran's Destabilizing Activities Act of
2017.>> --SANCTIONS WITH RESPECT TO IRAN
SEC. 101. <<NOTE: 22 USC 9401 note.>> SHORT TITLE.
This title may be cited as the ``Countering Iran's Destabilizing
Activities Act of 2017''.
SEC. 102. <<NOTE: 22 USC 9401 note.>> DEFINITIONS.
In this title:
(1) Act of international terrorism.--The term ``act of
international terrorism'' 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) 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).
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) 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.
(5) IRGC.--The term ``IRGC'' means Iran's Islamic
Revolutionary Guard Corps.
[[Page 131 STAT. 889]]
(6) 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).
(7) 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.
SEC. 103. <<NOTE: 22 USC 9402.>> REGIONAL STRATEGY FOR COUNTERING
CONVENTIONAL AND ASYMMETRIC IRANIAN
THREATS IN THE MIDDLE EAST AND NORTH
AFRICA.
(a) <<NOTE: Deadlines.>> In General.--Not later than 180 days after
the date of the enactment of this Act, and every 2 years thereafter, the
Secretary of State, the Secretary of Defense, the Secretary of the
Treasury, and the Director of National Intelligence shall jointly
develop and submit to the appropriate congressional committees and
leadership a strategy for deterring conventional and asymmetric Iranian
activities and threats that directly threaten the United States and key
allies in the Middle East, North Africa, and beyond.
(b) <<NOTE: Summaries. Assessments.>> Elements.--The strategy
required by subsection (a) shall include at a minimum the following:
(1) A summary of the near- and long-term United States
objectives, plans, and means for countering Iran's destabilizing
activities, including identification of countries that share the
objective of countering Iran's destabilizing activities.
(2) A summary of the capabilities and contributions of
individual countries to shared efforts to counter Iran's
destabilizing activities, and a summary of additional actions or
contributions that each country could take to further
contribute.
(3) An assessment of Iran's conventional force capabilities
and an assessment of Iran's plans to upgrade its conventional
force capabilities, including its acquisition, development, and
deployment of ballistic and cruise missile capabilities,
unmanned aerial vehicles, and maritime offensive and anti-access
or area denial capabilities.
(4) An assessment of Iran's chemical and biological weapons
capabilities and an assessment of Iranian plans to upgrade its
chemical or biological weapons capabilities.
(5) An assessment of Iran's asymmetric activities in the
region, including--
(A) the size, capabilities, and activities of the
IRGC, including the Quds Force;
(B) the size, capabilities, and activities of Iran's
cyber operations;
(C) the types and amount of support, including
funding, lethal and nonlethal contributions, and
training, provided to Hezbollah, Hamas, special groups
in Iraq, the regime of Bashar al-Assad in Syria, Houthi
fighters in Yemen, and other violent groups across the
Middle East; and
(D) the scope and objectives of Iran's information
operations and use of propaganda.
[[Page 131 STAT. 890]]
(6) A summary of United States actions, unilaterally and in
cooperation with foreign governments, to counter destabilizing
Iranian activities, including--
(A) interdiction of Iranian lethal arms bound for
groups designated as foreign terrorist organizations
under section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189);
(B) Iran's interference in international commercial
shipping lanes;
(C) attempts by Iran to undermine or subvert
internationally recognized governments in the Middle
East region; and
(D) Iran's support for the regime of Bashar al-Assad
in Syria, including--
(i) financial assistance, military equipment
and personnel, and other support provided to that
regime; and
(ii) support and direction to other armed
actors that are not Syrian or Iranian and are
acting on behalf of that regime.
(c) Form of Strategy.--The strategy required by subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees and Leadership Defined.--In
this section, the term ``appropriate congressional committees and
leadership'' means--
(1) the Committee on Finance, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign Relations,
and the majority and minority leaders of the Senate; and
(2) the Committee on Ways and Means, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
SEC. 104. <<NOTE: 23 USC 9403.>> IMPOSITION OF ADDITIONAL
SANCTIONS IN RESPONSE TO IRAN'S BALLISTIC
MISSILE PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Treasury and the Secretary of State should continue to
implement Executive Order No. 13382 (50 U.S.C. 1701 note; relating to
blocking property of weapons of mass destruction delivery system
proliferators and their supporters).
(b) <<NOTE: President. Determination.>> Imposition of Sanctions.--
The President shall impose the sanctions described in subsection (c)
with respect to any person that the President determines, on or after
the date of the enactment of this Act--
(1) knowingly engages in any activity that materially
contributes to the activities of the Government of Iran with
respect to its ballistic missile program, or any other program
in Iran for developing, deploying, or maintaining systems
capable of delivering weapons of mass destruction, including any
efforts to manufacture, acquire, possess, develop, transport,
transfer, or use such capabilities;
(2) is a successor entity to a person referred to in
paragraph (1);
(3) owns or controls or is owned or controlled by a person
referred to in paragraph (1);
[[Page 131 STAT. 891]]
(4) forms an entity with the purpose of evading sanctions
that would otherwise be imposed pursuant to paragraph (3);
(5) is acting for or on behalf of a person referred to in
paragraph (1), (2), (3), or (4); or
(6) knowingly provides or attempts to provide financial,
material, technological, or other support for, or goods or
services in support of, a person referred to in paragraph (1),
(2), (3), (4) or (5).
(c) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) <<NOTE: President.>> Blocking of property.--The
President shall block, in accordance with the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all
transactions in all property and interests in property of any
person subject to 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.
(2) Exclusion from united states.--The Secretary of State
shall deny a visa to, and the Secretary of Homeland Security
shall exclude from the United States, any person subject to
subsection (b) that is an alien.
(d) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (c)(1) or any
regulation, license, or order issued to carry out that subsection 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) Report on Contributions to Iran's Ballistic Missile Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report describing each person that--
(A) has, during the period specified in paragraph
(2), conducted any activity that has materially
contributed to the activities of the Government of Iran
with respect to its ballistic missile program, or any
other program in Iran for developing, deploying, or
maintaining systems capable of delivering weapons of
mass destruction, including any efforts to manufacture,
acquire, possess, develop, transport, transfer, or use
such capabilities;
(B) is a successor entity to a person referred to in
subparagraph (A);
(C) owns or controls or is owned or controlled by a
person referred to in subparagraph (A);
(D) forms an entity with the purpose of evading
sanctions that could be imposed as a result of a
relationship described in subparagraph (C);
(E) is acting for or on behalf of a person referred
to in subparagraph (A), (B), (C), or (D); or
(F) is known or believed to have provided, or
attempted to provide, during the period specified in
paragraph (2), financial, material, technological, or
other support for, or goods or services in support of,
any material contribution to a program described in
subparagraph (A) carried out
[[Page 131 STAT. 892]]
by a person described in subparagraph (A), (B), (C),
(D), or (E).
(2) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report submitted under
paragraph (1), the period beginning January 1, 2016, and
ending on the date the report is submitted; and
(B) in the case of a subsequent such report, the
180-day period preceding the submission of the report.
(3) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
SEC. 105. <<NOTE: 22 USC 9404.>> IMPOSITION OF TERRORISM-RELATED
SANCTIONS WITH RESPECT TO THE IRGC.
(a) Findings.--Congress makes the following findings:
(1) The IRGC is subject to sanctions pursuant to Executive
Order No. 13382 (50 U.S.C. 1701 note; relating to blocking
property of weapons of mass destruction delivery system
proliferators and their supporters), the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8501 et seq.), Executive Order No. 13553 (50 U.S.C. 1701 note;
relating to blocking property of certain persons with respect to
serious human rights abuses by the Government of Iran), and
Executive Order No. 13606 (50 U.S.C. 1701 note; relating to
blocking the property and suspending entry into the United
States of certain persons with respect to grave human rights
abuses by the Governments of Iran and Syria via information
technology).
(2) The Iranian Revolutionary Guard Corps-Quds Force (in
this section referred to as the ``IRGC-QF'') is the primary arm
of the Government of Iran for executing its policy of supporting
terrorist and insurgent groups. The IRGC-QF provides material,
logistical assistance, training, and financial support to
militants and terrorist operatives throughout the Middle East
and South Asia and was designated for the imposition of
sanctions by the Secretary of the Treasury pursuant to Executive
Order No. 13224 (50 U.S.C. 1701 note; relating to blocking
property and prohibiting transactions with persons who commit,
threaten to commit, or support terrorism) in October 2007 for
its support of terrorism.
(3) The IRGC, not just the IRGC-QF, is responsible for
implementing Iran's international program of destabilizing
activities, support for acts of international terrorism, and
ballistic missile program.
(b) <<NOTE: Effective date. President.>> In General.--Beginning on
the date that is 90 days after the date of the enactment of this Act,
the President shall impose the sanctions described in subsection (c)
with respect to the IRGC and foreign persons that are officials, agents,
or affiliates of the IRGC.
(c) Sanctions Described.--The sanctions described in this subsection
are sanctions applicable with respect to a foreign person pursuant to
Executive Order No. 13224 (50 U.S.C. 1701 note; relating to blocking
property and prohibiting transactions with persons who commit, threaten
to commit, or support terrorism).
[[Page 131 STAT. 893]]
SEC. 106. <<NOTE: 22 USC 9405.>> IMPOSITION OF ADDITIONAL
SANCTIONS WITH RESPECT TO PERSONS
RESPONSIBLE FOR HUMAN RIGHTS ABUSES.
(a) <<NOTE: Deadline. Lists. Determination.>> In General.--Not later
than 90 days after the date of the enactment of this Act, and annually
thereafter, the Secretary of State shall submit to the appropriate
congressional committees a list of each person the Secretary determines,
based on credible evidence, on or after the date of the enactment of
this Act--
(1) is responsible for extrajudicial killings, torture, or
other gross violations of internationally recognized human
rights committed against individuals in Iran who seek--
(A) to expose illegal activity carried out by
officials of the Government of Iran; or
(B) to obtain, exercise, defend, or promote
internationally recognized human rights and freedoms,
such as the freedoms of religion, expression,
association, and assembly, and the rights to a fair
trial and democratic elections; or
(2) acts as an agent of or on behalf of a foreign person in
a matter relating to an activity described in paragraph (1).
(b) Sanctions Described.--
(1) In general.--The President may, in accordance with the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), block all transactions in all property and interests in
property of a person on the list required by subsection (a) 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.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of paragraph (1) or
any regulation, license, or order issued to carry out paragraph
(1) 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.
SEC. 107. <<NOTE: 22 USC 9406.>> ENFORCEMENT OF ARMS EMBARGOS.
(a) <<NOTE: President. Determination.>> In General.--Except as
provided in subsection (d), the President shall impose the sanctions
described in subsection (b) with respect to any person that the
President determines--
(1) knowingly engages in any activity that materially
contributes to the supply, sale, or transfer directly or
indirectly to or from Iran, or for the use in or benefit of
Iran, of any battle tanks, armored combat vehicles, large
caliber artillery systems, combat aircraft, attack helicopters,
warships, missiles or missile systems, as defined for the
purpose of the United Nations Register of Conventional Arms, or
related materiel, including spare parts; or
(2) knowingly provides to Iran any technical training,
financial resources or services, advice, other services or
assistance related to the supply, sale, transfer, manufacture,
maintenance, or use of arms and related materiel described in
paragraph (1).
(b) Sanctions Described.--
(1) <<NOTE: President.>> Blocking of property.--The
President shall block, in accordance with the International
Emergency Economic
[[Page 131 STAT. 894]]
Powers Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of any person subject to
subsection (a) 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.
(2) Exclusion from united states.--The Secretary of State
shall deny a visa to, and the Secretary of Homeland Security
shall exclude from the United States, any person subject to
subsection (a) that is an alien.
(c) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (b)(1) or any
regulation, license, or order issued to carry out that subsection 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.
(d) <<NOTE: President. Certification.>> Exception.--The President is
not required to impose sanctions under subsection (a) with respect to a
person for engaging in an activity described in that subsection if the
President certifies to the appropriate congressional committees that--
(1) permitting the activity is in the national security
interest of the United States;
(2) Iran no longer presents a significant threat to the
national security of the United States and to the allies of the
United States; and
(3) the Government of Iran has ceased providing operational
or financial support for acts of international terrorism and no
longer satisfies the requirements for designation as a state
sponsor of terrorism.
(e) State Sponsor of Terrorism Defined.--In this section, the term
``state sponsor of terrorism'' means a country the government of which
the Secretary of State has determined to be a government that has
repeatedly provided support for acts of international terrorism for
purposes of--
(1) section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect pursuant
to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.));
(2) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(3) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(4) any other provision of law.
SEC. 108. <<NOTE: 22 USC 9407.>> REVIEW OF APPLICABILITY OF
SANCTIONS RELATING TO IRAN'S SUPPORT FOR
TERRORISM AND ITS BALLISTIC MISSILE
PROGRAM.
(a) <<NOTE: Deadline. President. Assessment.>> In General.--Not
later than 5 years after the date of the enactment of this Act, the
President shall conduct a review of all persons on the list of specially
designated nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury for activities
relating to Iran--
(1) to assess the conduct of such persons as that conduct
relates to--
[[Page 131 STAT. 895]]
(A) any activity that materially contributes to the
activities of the Government of Iran with respect to its
ballistic missile program; or
(B) support by the Government of Iran for acts of
international terrorism; and
(2) <<NOTE: Determination.>> to determine the applicability
of sanctions with respect to such persons under--
(A) Executive Order No. 13382 (50 U.S.C. 1701 note;
relating to blocking property of weapons of mass
destruction delivery system proliferators and their
supporters); or
(B) Executive Order No. 13224 (50 U.S.C. 1701 note;
relating to blocking property and prohibiting
transactions with persons who commit, threaten to
commit, or support terrorism).
(b) <<NOTE: President.>> Implementation of Sanctions.--If the
President determines under subsection (a) that sanctions under an
Executive order specified in paragraph (2) of that subsection are
applicable with respect to a person, the President shall--
(1) impose sanctions with respect to that person pursuant to
that Executive order; or
(2) exercise the waiver authority provided under section
112.
SEC. 109. <<NOTE: 22 USC 9408.>> REPORT ON COORDINATION OF
SANCTIONS BETWEEN THE UNITED STATES AND
THE EUROPEAN UNION.
(a) <<NOTE: President.>> In General.--Not later than 180 days after
the date of the enactment of this Act, and every 180 days thereafter,
the President shall submit to the appropriate congressional committees a
report that includes the following:
(1) A description of each instance, during the period
specified in subsection (b)--
(A) in which the United States has imposed sanctions
with respect to a person for activity related to the
proliferation of weapons of mass destruction or delivery
systems for such weapons to or by Iran, support for acts
of international terrorism by Iran, or human rights
abuses in Iran, but in which the European Union has not
imposed corresponding sanctions; and
(B) in which the European Union has imposed
sanctions with respect to a person for activity related
to the proliferation of weapons of mass destruction or
delivery systems for such weapons to or by Iran, support
for acts of international terrorism by Iran, or human
rights abuses in Iran, but in which the United States
has not imposed corresponding sanctions.
(2) An explanation for the reason for each discrepancy
between sanctions imposed by the European Union and sanctions
imposed by the United States described in subparagraphs (A) and
(B) of paragraph (1).
(b) Period Specified.--The period specified in this subsection is--
(1) in the case of the first report submitted under
subsection (a), the period beginning on the date of the
enactment of this Act and ending on the date the report is
submitted; and
(2) in the case of a subsequent such report, the 180-day
period preceding the submission of the report.
[[Page 131 STAT. 896]]
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 110. <<NOTE: 22 USC 9409.>> REPORT ON UNITED STATES CITIZENS
DETAINED BY IRAN.
(a) <<NOTE: President.>> In General.--Not later than 90 days after
the date of the enactment of this Act, and every 180 days thereafter,
the President shall submit to the appropriate congressional committees
and leadership a report on United States citizens, including United
States citizens who are also citizens of other countries, detained by
Iran or groups supported by Iran that includes--
(1) information regarding any officials of the Government of
Iran involved in any way in the detentions; and
(2) <<NOTE: Summary.>> a summary of efforts the United
States Government has taken to secure the swift release of those
United States citizens.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees and Leadership Defined.--In
this section, the term ``appropriate congressional committees and
leadership'' means--
(1) the Committee on Finance, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign Relations,
and the majority and minority leaders of the Senate; and
(2) the Committee on Ways and Means, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
SEC. 111. <<NOTE: 22 USC 9410.>> EXCEPTIONS FOR NATIONAL SECURITY
AND HUMANITARIAN ASSISTANCE; RULE OF
CONSTRUCTION.
(a) <<NOTE: Exemptions.>> In General.--The following activities
shall be exempt from sanctions under sections 104, 105, 106, and 107:
(1) Any activity subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), or to any authorized intelligence activities of the
United States.
(2) 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, or under the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into force
March 19, 1967, or other applicable international obligations of
the United States.
(3) The conduct or facilitation of a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices to Iran or for the provision of humanitarian assistance
to the people of Iran, including engaging in a financial
transaction relating to humanitarian assistance or for
humanitarian purposes or transporting goods or services that are
necessary to carry out operations relating to humanitarian
assistance or humanitarian purposes.
[[Page 131 STAT. 897]]
(b) 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 Act.
(c) Rule of Construction.--Nothing in this Act shall be construed to
limit the authority of the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.).
(d) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Good.--The term ``good'' has the meaning given that term
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.)).
(3) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(4) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
SEC. 112. <<NOTE: 22 USC 9411.>> PRESIDENTIAL WAIVER AUTHORITY.
(a) <<NOTE: Time periods. Determinations.>> Case-by-Case Waiver
Authority.--
(1) <<NOTE: Reports.>> In general.--The President may waive,
on a case-by-case basis and for a period of not more than 180
days, a requirement under section 104, 105, 106, 107, or 108 to
impose or maintain sanctions with respect to a person, and may
waive the continued imposition of such sanctions, not less than
30 days after the President determines and reports to the
appropriate congressional committees that it is vital to the
national security interests of the United States to waive such
sanctions.
(2) <<NOTE: Deadline.>> Renewal of waivers.--The President
may, on a case-by-case basis, renew a waiver under paragraph (1)
for an additional period of not more than 180 days if, not later
than 15 days before that waiver expires, the President makes the
determination and submits to the appropriate congressional
committees a report described in paragraph (1).
(3) Successive renewal.--The renewal authority provided
under paragraph (2) may be exercised for additional successive
periods of not more than 180 days if the President follows the
procedures set forth in paragraph (2), and submits the report
described in paragraph (1), for each such renewal.
(b) Contents of Waiver Reports.--Each report submitted under
subsection (a) in connection with a waiver of sanctions under section
104, 105, 106, 107, or 108 with respect to a person, or the renewal of
such a waiver, shall include--
(1) a specific and detailed rationale for the determination
that the waiver is vital to the national security interests of
the United States;
(2) a description of the activity that resulted in the
person being subject to sanctions;
(3) an explanation of any efforts made by the United States,
as applicable, to secure the cooperation of the government with
primary jurisdiction over the person or the location where
[[Page 131 STAT. 898]]
the activity described in paragraph (2) occurred in terminating
or, as appropriate, penalizing the activity; and
(4) <<NOTE: Assessment.>> an assessment of the significance
of the activity described in paragraph (2) in contributing to
the ability of Iran to threaten the interests of the United
States or allies of the United States, develop systems capable
of delivering weapons of mass destruction, support acts of
international terrorism, or violate the human rights of any
person in Iran.
(c) Effect of Report on Waiver.--If the President submits a report
under subsection (a) in connection with a waiver of sanctions under
section 104, 105, 106, 107, or 108 with respect to a person, or the
renewal of such a waiver, the President shall not be required to impose
or maintain sanctions under section 104, 105, 106, 107, or 108, as
applicable, with respect to the person described in the report during
the 30-day period referred to in subsection (a).
TITLE II-- <<NOTE: Countering Russian Influence in Europe and Eurasia
Act of 2017.>> SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION AND
COMBATING TERRORISM AND ILLICIT FINANCING
SEC. 201. <<NOTE: 22 USC 9501 note.>> SHORT TITLE.
This title may be cited as the ``Countering Russian Influence in
Europe and Eurasia Act of 2017''.
Subtitle A--Sanctions and Other Measures With Respect to the Russian
Federation
SEC. 211. <<NOTE: 22 USC 9501.>> FINDINGS.
Congress makes the following findings:
(1) On March 6, 2014, President Barack Obama issued
Executive Order No. 13660 (79 Fed. Reg. 13493; relating to
blocking property of certain persons contributing to the
situation in Ukraine), which authorizes the Secretary of the
Treasury, in consultation with the Secretary of State, to impose
sanctions on those determined to be undermining democratic
processes and institutions in Ukraine or threatening the peace,
security, stability, sovereignty, and territorial integrity of
Ukraine. President Obama subsequently issued Executive Order No.
13661 (79 Fed. Reg. 15535; relating to blocking property of
additional persons contributing to the situation in Ukraine) and
Executive Order No. 13662 (79 Fed. Reg. 16169; relating to
blocking property of additional persons contributing to the
situation in Ukraine) to expand sanctions on certain persons
contributing to the situation in Ukraine.
(2) On December 18, 2014, the Ukraine Freedom Support Act of
2014 was enacted (Public Law 113-272; 22 U.S.C. 8921 et seq.),
which includes provisions directing the President to impose
sanctions on foreign persons that the President determines to be
entities owned or controlled by the Government
[[Page 131 STAT. 899]]
of the Russian Federation or nationals of the Russian Federation
that manufacture, sell, transfer, or otherwise provide certain
defense articles into Syria.
(3) On April 1, 2015, President Obama issued Executive Order
No. 13694 (80 Fed. Reg. 18077; relating to blocking the property
of certain persons engaging in significant malicious cyber-
enabled activities), which authorizes the Secretary of the
Treasury, in consultation with the Attorney General and the
Secretary of State, to impose sanctions on persons determined to
be engaged in malicious cyber-hacking.
(4) On July 26, 2016, President Obama approved a
Presidential Policy Directive on United States Cyber Incident
Coordination, which states, ``certain cyber incidents that have
significant impacts on an entity, our national security, or the
broader economy require a unique approach to response efforts''.
(5) On December 29, 2016, President Obama issued an annex to
Executive Order No. 13694, which authorized sanctions on the
following entities and individuals:
(A) The Main Intelligence Directorate (also known as
Glavnoe Razvedyvatel'noe Upravlenie or the GRU) in
Moscow, Russian Federation.
(B) The Federal Security Service (also known as
Federalnaya Sluzhba Bezopasnosti or the FSB) in Moscow,
Russian Federation.
(C) The Special Technology Center (also known as
STLC, Ltd. Special Technology Center St. Petersburg) in
St. Petersburg, Russian Federation.
(D) Zorsecurity (also known as Esage Lab) in Moscow,
Russian Federation.
(E) The autonomous noncommercial organization known
as the Professional Association of Designers of Data
Processing Systems (also known as ANO PO KSI) in Moscow,
Russian Federation.
(F) Igor Valentinovich Korobov.
(G) Sergey Aleksandrovich Gizunov.
(H) Igor Olegovich Kostyukov.
(I) Vladimir Stepanovich Alexseyev.
(6) On January 6, 2017, an assessment of the United States
intelligence community entitled, ``Assessing Russian Activities
and Intentions in Recent U.S. Elections'' stated, ``Russian
President Vladimir Putin ordered an influence campaign in 2016
aimed at the United States presidential election.'' The
assessment warns that ``Moscow will apply lessons learned from
its Putin-ordered campaign aimed at the U.S. Presidential
election to future influence efforts worldwide, including
against U.S. allies and their election processes''.
SEC. 212. <<NOTE: 22 USC 9502.>> SENSE OF CONGRESS.
It is the sense of Congress that the President--
(1) should continue to uphold and seek unity with European
and other key partners on sanctions implemented against the
Russian Federation, which have been effective and instrumental
in countering Russian aggression in Ukraine;
(2) should engage to the fullest extent possible with
partner governments with regard to closing loopholes, including
the allowance of extended prepayment for the delivery of goods
[[Page 131 STAT. 900]]
and commodities and other loopholes, in multilateral and
unilateral restrictive measures against the Russian Federation,
with the aim of maximizing alignment of those measures; and
(3) should increase efforts to vigorously enforce compliance
with sanctions in place as of the date of the enactment of this
Act with respect to the Russian Federation in response to the
crisis in eastern Ukraine, cyber intrusions and attacks, and
human rights violators in the Russian Federation.
PART 1-- <<NOTE: Russia Sanctions Review Act of 2017.>> CONGRESSIONAL
REVIEW OF SANCTIONS IMPOSED WITH RESPECT TO THE RUSSIAN FEDERATION
SEC. 215. <<NOTE: 22 USC 9501 note.>> SHORT TITLE.
This part may be cited as the ``Russia Sanctions Review Act of
2017''.
SEC. 216. <<NOTE: 22 USC 9511.>> CONGRESSIONAL REVIEW OF CERTAIN
ACTIONS RELATING TO SANCTIONS IMPOSED WITH
RESPECT TO THE RUSSIAN FEDERATION.
(a) Submission to Congress of Proposed Action.--
(1) <<NOTE: President. Reports.>> In general.--
Notwithstanding any other provision of law, before taking any
action described in paragraph (2), the President shall submit to
the appropriate congressional committees and leadership a report
that describes the proposed action and the reasons for that
action.
(2) Actions described.--
(A) In general.--An action described in this
paragraph is--
(i) an action to terminate the application of
any sanctions described in subparagraph (B);
(ii) with respect to sanctions described in
subparagraph (B) imposed by the President with
respect to a person, an action to waive the
application of those sanctions with respect to
that person; or
(iii) a licensing action that significantly
alters United States' foreign policy with regard
to the Russian Federation.
(B) Sanctions described.--The sanctions described in
this subparagraph are--
(i) sanctions provided for under--
(I) this title or any provision of
law amended by this title, including the
Executive orders codified under section
222;
(II) the Support for the
Sovereignty, Integrity, Democracy, and
Economic Stability of Ukraine Act of
2014 (22 U.S.C. 8901 et seq.); or
(III) the Ukraine Freedom Support
Act of 2014 (22 U.S.C. 8921 et seq.);
and
(ii) the prohibition on access to the
properties of the Government of the Russian
Federation located in Maryland and New York that
the President ordered vacated on December 29,
2016.
(3) Description of type of action.--Each report submitted
under paragraph (1) with respect to an action described
[[Page 131 STAT. 901]]
in paragraph (2) shall include a description of whether the
action--
(A) is not intended to significantly alter United
States foreign policy with regard to the Russian
Federation; or
(B) is intended to significantly alter United States
foreign policy with regard to the Russian Federation.
(4) Inclusion of additional matter.--
(A) In general.--Each report submitted under
paragraph (1) that relates to an action that is intended
to significantly alter United States foreign policy with
regard to the Russian Federation shall include a
description of--
(i) the significant alteration to United
States foreign policy with regard to the Russian
Federation;
(ii) the anticipated effect of the action on
the national security interests of the United
States; and
(iii) the policy objectives for which the
sanctions affected by the action were initially
imposed.
(B) Requests from banking and financial services
committees.--The Committee on Banking, Housing, and
Urban Affairs of the Senate or the Committee on
Financial Services of the House of Representatives may
request the submission to the Committee of the matter
described in clauses (ii) and (iii) of subparagraph (A)
with respect to a report submitted under paragraph (1)
that relates to an action that is not intended to
significantly alter United States foreign policy with
regard to the Russian Federation.
(5) Confidentiality of proprietary information.--Proprietary
information that can be associated with a particular person with
respect to an action described in paragraph (2) may be included
in a report submitted under paragraph (1) only if the
appropriate congressional committees and leadership provide
assurances of confidentiality, unless such person otherwise
consents in writing to such disclosure.
(6) Rule of construction.--Paragraph (2)(A)(iii) shall not
be construed to require the submission of a report under
paragraph (1) with respect to the routine issuance of a license
that does not significantly alter United States foreign policy
with regard to the Russian Federation.
(b) Period for Review by Congress.--
(1) <<NOTE: Effective date. President.>> In general.--During
the period of 30 calendar days beginning on the date on which
the President submits a report under subsection (a)(1)--
(A) in the case of a report that relates to an
action that is not intended to significantly alter
United States foreign policy with regard to the Russian
Federation, the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial
Services of the House of Representatives should, as
appropriate, hold hearings and briefings and otherwise
obtain information in order to fully review the report;
and
(B) in the case of a report that relates to an
action that is intended to significantly alter United
States foreign policy with regard to the Russian
Federation, the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House
of Representatives should, as appropriate, hold hearings
and briefings and
[[Page 131 STAT. 902]]
otherwise obtain information in order to fully review
the report.
(2) Exception.--The period for congressional review under
paragraph (1) of a report required to be submitted under
subsection (a)(1) shall be 60 calendar days if the report is
submitted on or after July 10 and on or before September 7 in
any calendar year.
(3) Limitation on actions during initial congressional
review period.--Notwithstanding any other provision of law,
during the period for congressional review provided for under
paragraph (1) of a report submitted under subsection (a)(1)
proposing an action described in subsection (a)(2), including
any additional period for such review as applicable under the
exception provided in paragraph (2), the President may not take
that action unless a joint resolution of approval with respect
to that action is enacted in accordance with subsection (c).
(4) Limitation on actions during presidential consideration
of a joint resolution of disapproval.--Notwithstanding any other
provision of law, if a joint resolution of disapproval relating
to a report submitted under subsection (a)(1) proposing an
action described in subsection (a)(2) passes both Houses of
Congress in accordance with subsection (c), the President may
not take that action for a period of 12 calendar days after the
date of passage of the joint resolution of disapproval.
(5) Limitation on actions during congressional
reconsideration of a joint resolution of disapproval.--
Notwithstanding any other provision of law, if a joint
resolution of disapproval relating to a report submitted under
subsection (a)(1) proposing an action described in subsection
(a)(2) passes both Houses of Congress in accordance with
subsection (c), and the President vetoes the joint resolution,
the President may not take that action for a period of 10
calendar days after the date of the President's veto.
(6) Effect of enactment of a joint resolution of
disapproval.--Notwithstanding any other provision of law, if a
joint resolution of disapproval relating to a report submitted
under subsection (a)(1) proposing an action described in
subsection (a)(2) is enacted in accordance with subsection (c),
the President may not take that action.
(c) Joint Resolutions of Disapproval or Approval Defined.--In this
subsection:
(1) Joint resolution of approval.--The term ``joint
resolution of approval'' means only a joint resolution of either
House of Congress--
(A) the title of which is as follows: ``A joint
resolution approving the President's proposal to take an
action relating to the application of certain sanctions
with respect to the Russian Federation.''; and
(B) the sole matter after the resolving clause of
which is the following: ``Congress approves of the
action relating to the application of sanctions imposed
with respect to the Russian Federation proposed by the
President in the report submitted to Congress under
section 216(a)(1) of the Russia Sanctions Review Act of
2017 on _______ relating to ________.'', with the first
blank space
[[Page 131 STAT. 903]]
being filled with the appropriate date and the second
blank space being filled with a short description of the
proposed action.
(2) Joint resolution of disapproval.--The term ``joint
resolution of disapproval'' means only a joint resolution of
either House of Congress--
(A) the title of which is as follows: ``A joint
resolution disapproving the President's proposal to take
an action relating to the application of certain
sanctions with respect to the Russian Federation.''; and
(B) the sole matter after the resolving clause of
which is the following: ``Congress disapproves of the
action relating to the application of sanctions imposed
with respect to the Russian Federation proposed by the
President in the report submitted to Congress under
section 216(a)(1) of the Russia Sanctions Review Act of
2017 on _______ relating to ________.'', with the first
blank space being filled with the appropriate date and
the second blank space being filled with a short
description of the proposed action.
(3) <<NOTE: Time period.>> Introduction.--During the period
of 30 calendar days provided for under subsection (b)(1),
including any additional period as applicable under the
exception provided in subsection (b)(2), a joint resolution of
approval or joint resolution of disapproval may be introduced--
(A) in the House of Representatives, by the majority
leader or the minority leader; and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
(4) <<NOTE: Deadline.>> Floor consideration in house of
representatives.--If a committee of the House of Representatives
to which a joint resolution of approval or joint resolution of
disapproval has been referred has not reported the joint
resolution within 10 calendar days after the date of referral,
that committee shall be discharged from further consideration of
the joint resolution.
(5) Consideration in the senate.--
(A) Committee referral.--A joint resolution of
approval or joint resolution of disapproval introduced
in the Senate shall be--
(i) referred to the Committee on Banking,
Housing, and Urban Affairs if the joint resolution
relates to a report under subsection (a)(3)(A)
that relates to an action that is not intended to
significantly alter United States foreign policy
with regard to the Russian Federation; and
(ii) referred to the Committee on Foreign
Relations if the joint resolution relates to a
report under subsection (a)(3)(B) that relates to
an action that is intended to significantly alter
United States foreign policy with respect to the
Russian Federation.
(B) <<NOTE: Deadline.>> Reporting and discharge.--If
the committee to which a joint resolution of approval or
joint resolution of disapproval was referred has not
reported the joint resolution within 10 calendar days
after the date of referral of the joint resolution, that
committee shall be discharged
[[Page 131 STAT. 904]]
from further consideration of the joint resolution and
the joint resolution shall be placed on the appropriate
calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Banking,
Housing, and Urban Affairs or the Committee on Foreign
Relations, as the case may be, reports a joint
resolution of approval or joint resolution of
disapproval to the Senate or has been discharged from
consideration of such a joint resolution (even though a
previous motion to the same effect has been disagreed
to) to move to proceed to the consideration of the joint
resolution, and all points of order against the joint
resolution (and against consideration of the joint
resolution) are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order.
(D) Rulings of the chair on procedure.--Appeals from
the decisions of the Chair relating to the application
of the rules of the Senate, as the case may be, to the
procedure relating to a joint resolution of approval or
joint resolution of disapproval shall be decided without
debate.
(E) <<NOTE: Time period.>> Consideration of veto
messages.--Debate in the Senate of any veto message with
respect to a joint resolution of approval or joint
resolution of disapproval, including all debatable
motions and appeals in connection with the joint
resolution, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
(6) Rules relating to senate and house of representatives.--
(A) <<NOTE: Procedures. Applicability.>> Treatment
of senate joint resolution in house.--In the House of
Representatives, the following procedures shall apply to
a joint resolution of approval or a joint resolution of
disapproval received from the Senate (unless the House
has already passed a joint resolution relating to the
same proposed action):
(i) The joint resolution shall be referred to
the appropriate committees.
(ii) <<NOTE: Deadline.>> If a committee to
which a joint resolution has been referred has not
reported the joint resolution within 2 calendar
days after the date of referral, that committee
shall be discharged from further consideration of
the joint resolution.
(iii) <<NOTE: Effective date.>> Beginning on
the third legislative day after each committee to
which a joint resolution has been referred reports
the joint resolution to the House or has been
discharged from further consideration thereof, it
shall be in order to move to proceed to consider
the joint resolution in the House. All points of
order against the motion are waived. Such a motion
shall not be in order after the House has disposed
of a motion to proceed on the joint resolution.
The previous question shall be considered as
ordered on the motion to its adoption without
intervening motion. The motion shall not be
debatable. A motion to reconsider the
[[Page 131 STAT. 905]]
vote by which the motion is disposed of shall not
be in order.
(iv) The joint resolution shall be considered
as read. All points of order against the joint
resolution and against its consideration are
waived. The previous question shall be considered
as ordered on the joint resolution to final
passage without intervening motion except 2 hours
of debate equally divided and controlled by the
sponsor of the joint resolution (or a designee)
and an opponent. A motion to reconsider the vote
on passage of the joint resolution shall not be in
order.
(B) Treatment of house joint resolution in senate.--
(i) If, before the passage by the Senate of a
joint resolution of approval or joint resolution
of disapproval, the Senate receives an identical
joint resolution from the House of
Representatives, the following procedures shall
apply:
(I) That joint resolution shall not
be referred to a committee.
(II) With respect to that joint
resolution--
(aa) the procedure in the
Senate shall be the same as if
no joint resolution had been
received from the House of
Representatives; but
(bb) the vote on passage
shall be on the joint resolution
from the House of
Representatives.
(ii) If, following passage of a joint
resolution of approval or joint resolution of
disapproval in the Senate, the Senate receives an
identical joint resolution from the House of
Representatives, that joint resolution shall be
placed on the appropriate Senate calendar.
(iii) <<NOTE: Applicability.>> If a joint
resolution of approval or a joint resolution of
disapproval is received from the House, and no
companion joint resolution has been introduced in
the Senate, the Senate procedures under this
subsection shall apply to the House joint
resolution.
(C) Application to revenue measures.--The provisions
of this paragraph shall not apply in the House of
Representatives to a joint resolution of approval or
joint resolution of disapproval that is a revenue
measure.
(7) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each House,
respectively, and supersedes other rules only to the
extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of that House.
(d) Appropriate Congressional Committees and Leadership Defined.--In
this section, the term ``appropriate congressional committees and
leadership'' means--
[[Page 131 STAT. 906]]
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the majority and
minority leaders of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Speaker, the majority leader, and the
minority leader of the House of Representatives.
PART 2--SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
SEC. 221. <<NOTE: 22 USC 9521.>> DEFINITIONS.
In this part:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, and the
Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives.
(2) Good.--The term ``good'' has the meaning given that term
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.)).
(3) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(4) 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.
(5) Person.--The term ``person'' means an individual or
entity.
(6) 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.
SEC. 222. <<NOTE: President. Waiver
authority. Determination. Certification. 22
USC 9522.>> CODIFICATION OF SANCTIONS
RELATING TO THE RUSSIAN FEDERATION.
(a) Codification.--United States sanctions provided for in Executive
Order No. 13660 (79 Fed. Reg. 13493; relating to blocking property of
certain persons contributing to the situation in Ukraine), Executive
Order No. 13661 (79 Fed. Reg. 15535; relating to blocking property of
additional persons contributing to the situation in Ukraine), Executive
Order No. 13662 (79 Fed. Reg. 16169; relating to blocking property of
additional persons contributing to the situation in Ukraine), Executive
Order No. 13685 (79 Fed. Reg. 77357; relating to blocking property of
certain persons and prohibiting certain transactions with respect to the
Crimea region of Ukraine), Executive Order No. 13694 (80 Fed. Reg.
18077; relating to blocking
[[Page 131 STAT. 907]]
the property of certain persons engaging in significant malicious cyber-
enabled activities), and Executive Order No. 13757 (82 Fed. Reg. 1;
relating to taking additional steps to address the national emergency
with respect to significant malicious cyber-enabled activities), as in
effect on the day before the date of the enactment of this Act,
including with respect to all persons sanctioned under such Executive
orders, shall remain in effect except as provided in subsection (b).
(b) <<NOTE: Notice.>> Termination of Certain Sanctions.--Subject to
section 216, the President may terminate the application of sanctions
described in subsection (a) that are imposed on a person in connection
with activity conducted by the person if the President submits to the
appropriate congressional committees a notice that--
(1) the person is not engaging in the activity that was the
basis for the sanctions or has taken significant verifiable
steps toward stopping the activity; and
(2) the President has received reliable assurances that the
person will not knowingly engage in activity subject to
sanctions described in subsection (a) in the future.
(c) Application of New Cyber Sanctions.--The President may waive the
initial application under subsection (a) of sanctions with respect to a
person under Executive Order No. 13694 or 13757 only if the President
submits to the appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of
the United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation has made significant efforts to reduce the number and
intensity of cyber intrusions conducted by that Government.
(d) Application of New Ukraine-Related Sanctions.--The President may
waive the initial application under subsection (a) of sanctions with
respect to a person under Executive Order No. 13660, 13661, 13662, or
13685 only if the President submits to the appropriate congressional
committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of
the United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation is taking steps to implement the Minsk Agreement to
address the ongoing conflict in eastern Ukraine, signed in
Minsk, Belarus, on February 11, 2015, by the leaders of Ukraine,
Russia, France, and Germany, the Minsk Protocol, which was
agreed to on September 5, 2014, and any successor agreements
that are agreed to by the Government of Ukraine.
SEC. 223. <<NOTE: 22 USC 9523.>> MODIFICATION OF IMPLEMENTATION OF
EXECUTIVE ORDER NO. 13662.
(a) <<NOTE: Deadlines.>> Determination That Certain Entities Are
Subject to Sanctions.--The Secretary of the Treasury may determine that
a person meets one or more of the criteria in section 1(a) of Executive
Order No. 13662 if that person is a state-owned entity operating in the
railway or metals and mining sector of the economy of the Russian
Federation.
[[Page 131 STAT. 908]]
(b) Modification of Directive 1 With Respect to the Financial
Services Sector of the Russian Federation Economy.--Not later than 60
days after the date of the enactment of this Act, the Secretary of the
Treasury shall modify Directive 1 (as amended), dated September 12,
2014, issued by the Office of Foreign Assets Control under Executive
Order No. 13662, or any successor directive (which shall be effective
beginning on the date that is 60 days after the date of such
modification), to ensure that the directive prohibits the conduct by
United States persons or persons within the United States of all
transactions in, provision of financing for, and other dealings in new
debt of longer than 14 days maturity or new equity of persons determined
to be subject to the directive, their property, or their interests in
property.
(c) Modification of Directive 2 With Respect to the Energy Sector of
the Russian Federation Economy.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Treasury shall modify
Directive 2 (as amended), dated September 12, 2014, issued by the Office
of Foreign Assets Control under Executive Order No. 13662, or any
successor directive (which shall be effective beginning on the date that
is 60 days after the date of such modification), to ensure that the
directive prohibits the conduct by United States persons or persons
within the United States of all transactions in, provision of financing
for, and other dealings in new debt of longer than 60 days maturity of
persons determined to be subject to the directive, their property, or
their interests in property.
(d) Modification of Directive 4.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the Treasury shall
modify Directive 4, dated September 12, 2014, issued by the Office of
Foreign Assets Control under Executive Order No. 13662, or any successor
directive (which shall be effective beginning on the date that is 90
days after the date of such modification), to ensure that the directive
prohibits the provision, exportation, or reexportation, directly or
indirectly, by United States persons or persons within the United
States, of goods, services (except for financial services), or
technology in support of exploration or production for new deepwater,
Arctic offshore, or shale projects--
(1) that have the potential to produce oil; and
(2) that involve any person determined to be subject to the
directive or the property or interests in property of such a
person who has a controlling interest or a substantial non-
controlling ownership interest in such a project defined as not
less than a 33 percent interest.
SEC. 224. <<NOTE: President. Determination. 22 USC
9524.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO ACTIVITIES OF THE RUSSIAN
FEDERATION UNDERMINING CYBERSECURITY.
(a) In General.--On and after the date that is 60 days after the
date of the enactment of this Act, the President shall--
(1) impose the sanctions described in subsection (b) with
respect to any person that the President determines--
(A) knowingly engages in significant activities
undermining cybersecurity against any person, including
a democratic institution, or government on behalf of the
Government of the Russian Federation; or
[[Page 131 STAT. 909]]
(B) is owned or controlled by, or acts or purports
to act for or on behalf of, directly or indirectly, a
person described in subparagraph (A);
(2) impose five or more of the sanctions described in
section 235 with respect to any person that the President
determines knowingly materially assists, sponsors, or provides
financial, material, or technological support for, or goods or
services (except financial services) in support of, an activity
described in paragraph (1)(A); and
(3) impose three or more of the sanctions described in
section 4(c) of the of the Ukraine Freedom Support Act of 2014
(22 U.S.C. 8923(c)) with respect to any person that the
President determines knowingly provides financial services in
support of an activity described in paragraph (1)(A).
(b) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) to the extent necessary to block and
prohibit all transactions in all property and interests in
property of a person determined by the President to be subject
to subsection (a)(1) 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.
(2) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined by
the President to be subject to subsection (a)(1), denial of a
visa to, and exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), of any visa or other
documentation of the alien.
(c) <<NOTE: Waiver authority.>> Application of New Cyber
Sanctions.--The President may waive the initial application under
subsection (a) of sanctions with respect to a person only if the
President submits to the appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of
the United States; or
(B) will further the enforcement of this title; and
(2) <<NOTE: Certification.>> a certification that the
Government of the Russian Federation has made significant
efforts to reduce the number and intensity of cyber intrusions
conducted by that Government.
(d) Significant Activities Undermining Cybersecurity Defined.--In
this section, the term ``significant activities undermining
cybersecurity'' includes--
(1) significant efforts--
(A) to deny access to or degrade, disrupt, or
destroy an information and communications technology
system or network; or
(B) to exfiltrate, degrade, corrupt, destroy, or
release information from such a system or network
without authorization for purposes of--
(i) conducting influence operations; or
[[Page 131 STAT. 910]]
(ii) causing a significant misappropriation of
funds, economic resources, trade secrets, personal
identifications, or financial information for
commercial or competitive advantage or private
financial gain;
(2) significant destructive malware attacks; and
(3) significant denial of service activities.
SEC. 225. <<NOTE: Time
period. President. Determination.>> IMPOSITIO
N OF SANCTIONS RELATING TO SPECIAL RUSSIAN
CRUDE OIL PROJECTS.
Section 4(b)(1) of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8923(b)(1)) is amended by striking ``on and after the date that
is 45 days after the date of the enactment of this Act, the President
may impose'' and inserting ``on and after the date that is 30 days after
the date of the enactment of the Countering Russian Influence in Europe
and Eurasia Act of 2017, the President shall impose, unless the
President determines that it is not in the national interest of the
United States to do so,''.
SEC. 226. <<NOTE: President. Determination. Effective
dates.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO RUSSIAN AND OTHER FOREIGN
FINANCIAL INSTITUTIONS.
Section 5 of the Ukraine Freedom Support Act of 2014 (22 U.S.C.
8924) is amended--
(1) in subsection (a)--
(A) by striking ``may impose'' and inserting ``shall
impose, unless the President determines that it is not
in the national interest of the United States to do
so,''; and
(B) by striking ``on or after the date of the
enactment of this Act'' and inserting ``on or after the
date of the enactment of the Countering Russian
Influence in Europe and Eurasia Act of 2017''; and
(2) in subsection (b)--
(A) by striking ``may impose'' and inserting ``shall
impose, unless the President determines that it is not
in the national interest of the United States to do
so,''; and
(B) by striking ``on or after the date that is 180
days after the date of the enactment of this Act'' and
inserting ``on or after the date that is 30 days after
the date of the enactment of the Countering Russian
Influence in Europe and Eurasia Act of 2017''.
SEC. 227. <<NOTE: President. Determinations.>> MANDATORY
IMPOSITION OF SANCTIONS WITH RESPECT TO
SIGNIFICANT CORRUPTION IN THE RUSSIAN
FEDERATION.
Section 9 of the Sovereignty, Integrity, Democracy, and Economic
Stability of Ukraine Act of 2014 (22 U.S.C. 8908(a)) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``is authorized and encouraged to'' and
inserting ``shall''; and
(B) in paragraph (1)--
(i) by striking ``President determines is''
and inserting ``President determines is, on or
after the date of the enactment of the Countering
Russian Influence in Europe and Eurasia Act of
2017,''; and
(ii) by inserting ``or elsewhere'' after ``in
the Russian Federation'';
[[Page 131 STAT. 911]]
(2) by redesignating subsection (d) as subsection (e);
(3) in subsection (c), by striking ``The President'' and
inserting ``except as provided in subsection (d), the
President''; and
(4) by inserting after subsection (c) the following:
``(d) <<NOTE: Waiver authority.>> Application of New Sanctions.--The
President may waive the initial application of sanctions under
subsection (b) with respect to a person only if the President submits to
the appropriate congressional committees--
``(1) a written determination that the waiver--
``(A) is in the vital national security interests of
the United States; or
``(B) will further the enforcement of this Act; and
``(2) <<NOTE: Certification.>> a certification that the
Government of the Russian Federation is taking steps to
implement the Minsk Agreement to address the ongoing conflict in
eastern Ukraine, signed in Minsk, Belarus, on February 11, 2015,
by the leaders of Ukraine, Russia, France, and Germany, the
Minsk Protocol, which was agreed to on September 5, 2014, and
any successor agreements that are agreed to by the Government of
Ukraine.''.
SEC. 228. MANDATORY IMPOSITION OF SANCTIONS WITH RESPECT TO
CERTAIN TRANSACTIONS WITH FOREIGN
SANCTIONS EVADERS AND SERIOUS HUMAN RIGHTS
ABUSERS IN THE RUSSIAN FEDERATION.
(a) In General.--The Support for the Sovereignty, Integrity,
Democracy, and Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8901
et seq.) is amended by adding at the end the following:
``SEC. 10. <<NOTE: President. Determinations. 22 USC
8909.>> MANDATORY IMPOSITION OF SANCTIONS
WITH RESPECT TO CERTAIN TRANSACTIONS WITH
PERSONS THAT EVADE SANCTIONS IMPOSED WITH
RESPECT TO THE RUSSIAN FEDERATION.
``(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to a foreign person if the
President determines that the foreign person knowingly, on or after the
date of the enactment of the Countering Russian Influence in Europe and
Eurasia Act of 2017--
``(1) materially violates, attempts to violate, conspires to
violate, or causes a violation of any license, order,
regulation, or prohibition contained in or issued pursuant to
any covered Executive order, this Act, or the Ukraine Freedom
Support Act of 2014 (22 U.S.C. 8921 et seq.); or
``(2) facilitates a significant transaction or transactions,
including deceptive or structured transactions, for or on behalf
of--
``(A) any person subject to sanctions imposed by the
United States with respect to the Russian Federation; or
``(B) any child, spouse, parent, or sibling of an
individual described in subparagraph (A).
``(b) Sanctions Described.--The sanctions described in this
subsection are the exercise of all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
to the extent necessary to block and prohibit all transactions in all
property and interests in property of a person determined by the
President to be subject to subsection (a) if such property and interests
in property are in the United States, come
[[Page 131 STAT. 912]]
within the United States, or are or come within the possession or
control of a United States person.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and 205
of the International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out subsection (b).
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b) or any regulation, license, or order issued to
carry out subsection (b) 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.
``(d) <<NOTE: Waiver authority. Determinations.>> Application of New
Sanctions.--The President may waive the initial application of sanctions
under subsection (b) with respect to a person only if the President
submits to the appropriate congressional committees--
``(1) a written determination that the waiver--
``(A) is in the vital national security interests of
the United States; or
``(B) will further the enforcement of this Act;
``(2) in the case of sanctions imposed under this section in
connection with a covered Executive order described in
subparagraph (A), (B), (C), or (D) of subsection (f)(1), a
certification that the Government of the Russian Federation is
taking steps to implement the Minsk Agreement to address the
ongoing conflict in eastern Ukraine, signed in Minsk, Belarus,
on February 11, 2015, by the leaders of Ukraine, Russia, France,
and Germany, the Minsk Protocol, which was agreed to on
September 5, 2014, and any successor agreements that are agreed
to by the Government of Ukraine; and
``(3) in the case of sanctions imposed under this section in
connection with a covered Executive order described in
subparagraphs (E) or (F) of subsection (f)(1), a certification
that the Government of the Russian Federation has made
significant efforts to reduce the number and intensity of cyber
intrusions conducted by that Government.
``(e) <<NOTE: Notices.>> Termination.--Subject to section 216 of the
Russia Sanctions Review Act of 2017, the President may terminate the
application of sanctions under subsection (b) with respect to a person
if the President submits to the appropriate congressional committees--
``(1) a notice of and justification for the termination; and
``(2) a notice that--
``(A) the person is not engaging in the activity
that was the basis for the sanctions or has taken
significant verifiable steps toward stopping the
activity; and
``(B) the President has received reliable assurances
that the person will not knowingly engage in activity
subject to sanctions under subsection (a) in the future.
``(f) Definitions.--In this section:
``(1) Covered executive order.--The term `covered Executive
order' means any of the following:
[[Page 131 STAT. 913]]
``(A) Executive Order No. 13660 (79 Fed. Reg. 13493;
relating to blocking property of certain persons
contributing to the situation in Ukraine).
``(B) Executive Order No. 13661 (79 Fed. Reg. 15535;
relating to blocking property of additional persons
contributing to the situation in Ukraine).
``(C) Executive Order No. 13662 (79 Fed. Reg. 16169;
relating to blocking property of additional persons
contributing to the situation in Ukraine).
``(D) Executive Order No. 13685 (79 Fed. Reg. 77357;
relating to blocking property of certain persons and
prohibiting certain transactions with respect to the
Crimea region of Ukraine).
``(E) Executive Order No. 13694 (80 Fed. Reg. 18077;
relating to blocking the property of certain persons
engaging in significant malicious cyber-enabled
activities), relating to the Russian Federation.
``(F) Executive Order No. 13757 (82 Fed. Reg. 1;
relating to taking additional steps to address the
national emergency with respect to significant malicious
cyber-enabled activities), relating to the Russian
Federation.
``(2) Foreign person.--The term `foreign person' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the date of the enactment
of this section).
``(3) Structured.--The term `structured', with respect to a
transaction, has the meaning given the term `structure' in
paragraph (xx) of section 1010.100 of title 31, Code of Federal
Regulations (or any corresponding similar regulation or ruling).
``SEC. 11. <<NOTE: President. Determinations. 22 USC
8910.>> MANDATORY IMPOSITION OF SANCTIONS
WITH RESPECT TO TRANSACTIONS WITH PERSONS
RESPONSIBLE FOR HUMAN RIGHTS ABUSES.
``(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to a foreign person if the
President determines that the foreign person, based on credible
information, on or after the date of the enactment of this section--
``(1) is responsible for, complicit in, or responsible for
ordering, controlling, or otherwise directing, the commission of
serious human rights abuses in any territory forcibly occupied
or otherwise controlled by the Government of the Russian
Federation;
``(2) materially assists, sponsors, or provides financial,
material, or technological support for, or goods or services to,
a foreign person described in paragraph (1); or
``(3) is owned or controlled by, or acts or purports to act
for or on behalf of, directly or indirectly, a foreign person
described in paragraph (1).
``(b) Sanctions Described.--
``(1) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) to the extent necessary to block and
prohibit all transactions in all property and interests in
property of a person determined by the President to be subject
to subsection (a) if such property and interests in property are
in the United States, come within the United
[[Page 131 STAT. 914]]
States, or are or come within the possession or control of a
United States person.
``(2) Exclusion from the united states and revocation of
visa or other documentation.--In the case of an alien determined
by the President to be subject to subsection (a), denial of a
visa to, and exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), of any visa or other
documentation of the alien.
``(c) <<NOTE: Waiver authority.>> Application of New Sanctions.--The
President may waive the initial application of sanctions under
subsection (b) with respect to a person only if the President submits to
the appropriate congressional committees--
``(1) a written determination that the waiver--
``(A) is in the vital national security interests of
the United States; or
``(B) will further the enforcement of this Act; and
``(2) <<NOTE: Certification.>> a certification that the
Government of the Russian Federation has made efforts to reduce
serious human rights abuses in territory forcibly occupied or
otherwise controlled by that Government.
``(d) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and 205
of the International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out subsection (b)(1).
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued to
carry out subsection (b)(1) 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) <<NOTE: Notices.>> Termination.--Subject to section 216 of
Russia Sanctions Review Act of 2017, the President may terminate the
application of sanctions under subsection (b) with respect to a person
if the President submits to the appropriate congressional committees--
``(1) a notice of and justification for the termination; and
``(2) a notice--
``(A) that--
``(i) the person is not engaging in the
activity that was the basis for the sanctions or
has taken significant verifiable steps toward
stopping the activity; and
``(ii) the President has received reliable
assurances that the person will not knowingly
engage in activity subject to sanctions under
subsection (a) in the future; or
``(B) that the President determines that
insufficient basis exists for the determination by the
President under subsection (a) with respect to the
person.''.
(b) Definition of Appropriate Congressional Committees.--Section
2(2) of the Support for the Sovereignty, Integrity, Democracy, and
Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8901(2)) is
amended--
[[Page 131 STAT. 915]]
(1) in subparagraph (A), by inserting ``the Committee on
Banking, Housing, and Urban Affairs,'' before ``the Committee on
Foreign Relations''; and
(2) in subparagraph (B), by inserting ``the Committee on
Financial Services'' before ``the Committee on Foreign
Affairs''.
SEC. 229. <<NOTE: President.>> NOTIFICATIONS TO CONGRESS UNDER
UKRAINE FREEDOM SUPPORT ACT OF 2014.
(a) Sanctions Relating to Defense and Energy Sectors of the Russian
Federation.--Section 4 of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8923) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(2) by inserting after subsection (f) the following:
``(g) Notifications and Certifications to Congress.--
``(1) <<NOTE: Deadline.>> Imposition of sanctions.--The
President shall notify the appropriate congressional committees
in writing not later than 15 days after imposing sanctions with
respect to a foreign person under subsection (a) or (b).
``(2) <<NOTE: Notices.>> Termination of sanctions with
respect to russian producers, transferors, or brokers of defense
articles.--Subject to section 216 of the Russia Sanctions Review
Act of 2017, the President may terminate the imposition of
sanctions under subsection (a)(2) with respect to a foreign
person if the President submits to the appropriate congressional
committees--
``(A) a notice of and justification for the
termination; and
``(B) a notice that--
``(i) the foreign person is not engaging in
the activity that was the basis for the sanctions
or has taken significant verifiable steps toward
stopping the activity; and
``(ii) the President has received reliable
assurances that the foreign person will not
knowingly engage in activity subject to sanctions
under subsection (a)(2) in the future.''; and
(3) in subparagraph (B)(ii) of subsection (a)(3), by
striking ``subsection (h)'' and inserting ``subsection (i)''.
(b) Sanctions on Russian and Other Foreign Financial Institutions.--
Section 5 of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8924) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(2) by inserting after subsection (d) the following:
``(e) <<NOTE: Deadline.>> Notification to Congress on Imposition of
Sanctions.--The President shall notify the appropriate congressional
committees in writing not later than 15 days after imposing sanctions
with respect to a foreign financial institution under subsection (a) or
(b).''; and
(3) in subsection (g), as redesignated by paragraph (1), by
striking ``section 4(h)'' and inserting ``section 4(i)''.
SEC. 230. <<NOTE: President. Notices.>> STANDARDS FOR TERMINATION
OF CERTAIN SANCTIONS WITH RESPECT TO THE
RUSSIAN FEDERATION.
(a) Sanctions Relating to Undermining the Peace, Security,
Stability, Sovereignty, or Territorial Integrity of Ukraine.--Section 8
of the Sovereignty, Integrity, Democracy, and
[[Page 131 STAT. 916]]
Economic Stability of Ukraine Act of 2014 (22 U.S.C. 8907) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Termination.--Subject to section 216 of the Russia Sanctions
Review Act of 2017, the President may terminate the application of
sanctions under subsection (b) with respect to a person if the President
submits to the appropriate congressional committees a notice that--
``(1) the person is not engaging in the activity that was
the basis for the sanctions or has taken significant verifiable
steps toward stopping the activity; and
``(2) the President has received reliable assurances that
the person will not knowingly engage in activity subject to
sanctions under subsection (a) in the future.''.
(b) Sanctions Relating to Corruption.--Section 9 of the Sovereignty,
Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 (22
U.S.C. 8908) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Termination.--Subject to section 216 of the Russia Sanctions
Review Act of 2017, the President may terminate the application of
sanctions under subsection (b) with respect to a person if the President
submits to the appropriate congressional committees a notice that--
``(1) the person is not engaging in the activity that was
the basis for the sanctions or has taken significant verifiable
steps toward stopping the activity; and
``(2) the President has received reliable assurances that
the person will not knowingly engage in activity subject to
sanctions under subsection (a) in the future.''.
SEC. 231. <<NOTE: President. 22 USC 9525.>> IMPOSITION OF
SANCTIONS WITH RESPECT TO PERSONS ENGAGING
IN TRANSACTIONS WITH THE INTELLIGENCE OR
DEFENSE SECTORS OF THE GOVERNMENT OF THE
RUSSIAN FEDERATION.
(a) <<NOTE: Effective date. Determination.>> In General.--On and
after the date that is 180 days after the date of the enactment of this
Act, the President shall impose five or more of the sanctions described
in section 235 with respect to a person the President determines
knowingly, on or after such date of enactment, 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, including the Main Intelligence Agency of the General Staff
of the Armed Forces of the Russian Federation or the Federal Security
Service of the Russian Federation.
(b) <<NOTE: Waiver authority.>> Application of New Sanctions.--The
President may waive the initial application of sanctions under
subsection (a) with respect to a person only if the President submits to
the appropriate congressional committees--
(1) <<NOTE: Determination.>> a written determination that
the waiver--
(A) is in the vital national security interests of
the United States; or
(B) will further the enforcement of this title; and
(2) <<NOTE: Certification.>> a certification that the
Government of the Russian Federation has made significant
efforts to reduce the number
[[Page 131 STAT. 917]]
and intensity of cyber intrusions conducted by that Government.
(c) <<NOTE: Certification. Time period.>> Delay of Imposition of
Sanctions.--The President may delay the imposition of sanctions under
subsection (a) with respect to a person if the President certifies to
the appropriate congressional committees, not less frequently than every
180 days while the delay is in effect, that the person is substantially
reducing the number of significant transactions described in subsection
(a) in which that person engages.
(d) <<NOTE: Deadline. Regulations.>> Requirement To Issue
Guidance.--Not later than 60 days after the date of the enactment of
this Act, the President shall issue regulations or other guidance to
specify the persons that are part of, or operate for or on behalf of,
the defense and intelligence sectors of the Government of the Russian
Federation.
(e) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (a) or any
regulation, license, or order issued to carry out subsection (a) 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.
SEC. 232. <<NOTE: 22 USC 9526.>> SANCTIONS WITH RESPECT TO THE
DEVELOPMENT OF PIPELINES IN THE RUSSIAN
FEDERATION.
(a) <<NOTE: President. Coordination. Determination. Effective
date.>> In General.--The President, in coordination with allies of the
United States, may impose five or more of the sanctions described in
section 235 with respect to a person if the President determines that
the person knowingly, on or after the date of the enactment of this Act,
makes an investment described in subsection (b) or sells, leases, or
provides to the Russian Federation, for the construction of Russian
energy export pipelines, goods, services, technology, information, or
support described in subsection (c)--
(1) any of which has a fair market value of $1,000,000 or
more; or
(2) <<NOTE: Time period.>> that, during a 12-month period,
have an aggregate fair market value of $5,000,000 or more.
(b) Investment Described.--An investment described in this
subsection is an investment that directly and significantly contributes
to the enhancement of the ability of the Russian Federation to construct
energy export pipelines.
(c) Goods, Services, Technology, Information, or Support
Described.--Goods, services, technology, information, or support
described in this subsection are goods, services, technology,
information, or support that could directly and significantly facilitate
the maintenance or expansion of the construction, modernization, or
repair of energy export pipelines by the Russian Federation.
SEC. 233. <<NOTE: President. Determination. 22 USC
9527.>> SANCTIONS WITH RESPECT TO
INVESTMENT IN OR FACILITATION OF
PRIVATIZATION OF STATE-OWNED ASSETS BY THE
RUSSIAN FEDERATION.
(a) In General.--The President shall impose five or more of the
sanctions described in section 235 if the President determines that a
person, with actual knowledge, on or after the date of the enactment of
this Act, makes an investment of $10,000,000 or more (or any combination
of investments of not less than $1,000,000 each, which in the aggregate
equals or exceeds
[[Page 131 STAT. 918]]
$10,000,000 in any 12-month period), or facilitates such an investment,
if the investment directly and significantly contributes to the ability
of the Russian Federation to privatize state-owned assets in a manner
that unjustly benefits--
(1) officials of the Government of the Russian Federation;
or
(2) close associates or family members of those officials.
(b) <<NOTE: Waiver authority.>> Application of New Sanctions.--The
President may waive the initial application of sanctions under
subsection (a) with respect to a person only if the President submits to
the appropriate congressional committees--
(1) a written determination that the waiver--
(A) is in the vital national security interests of
the United States; or
(B) will further the enforcement of this title; and
(2) <<NOTE: Certification.>> a certification that the
Government of the Russian Federation is taking steps to
implement the Minsk Agreement to address the ongoing conflict in
eastern Ukraine, signed in Minsk, Belarus, on February 11, 2015,
by the leaders of Ukraine, Russia, France, and Germany, the
Minsk Protocol, which was agreed to on September 5, 2014, and
any successor agreements that are agreed to by the Government of
Ukraine.
SEC. 234. <<NOTE: President. 22 USC 9528.>> SANCTIONS WITH RESPECT
TO THE TRANSFER OF ARMS AND RELATED
MATERIEL TO SYRIA.
(a) Imposition of Sanctions.--
(1) <<NOTE: Determination.>> In general.--The President
shall impose on a foreign person the sanctions described in
subsection (b) if the President determines that such foreign
person has, on or after the date of the enactment of this Act,
knowingly exported, transferred, or otherwise provided to Syria
significant financial, material, or technological support that
contributes materially to the ability of the Government of Syria
to--
(A) acquire or develop chemical, biological, or
nuclear weapons or related technologies;
(B) acquire or develop ballistic or cruise missile
capabilities;
(C) acquire or develop destabilizing numbers and
types of advanced conventional weapons;
(D) acquire significant defense articles, defense
services, or defense information (as such terms are
defined under the Arms Export Control Act (22 U.S.C.
2751 et seq.)); or
(E) acquire items designated by the President for
purposes of the United States Munitions List under
section 38(a)(1) of the Arms Export Control Act (22
U.S.C. 2778(a)(1)).
(2) Applicability to other foreign persons.--The sanctions
described in subsection (b) shall also be imposed on any foreign
person that--
(A) is a successor entity to a foreign person
described in paragraph (1); or
(B) is owned or controlled by, or has acted for or
on behalf of, a foreign person described in paragraph
(1).
(b) Sanctions Described.--The sanctions to be imposed on a foreign
person described in subsection (a) are the following:
[[Page 131 STAT. 919]]
(1) Blocking of property.--The President shall exercise all
powers granted by 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 all
property and interests in property of the 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.
(2) Aliens ineligible for visas, admission, or parole.--
(A) Exclusion from the united states.--If the
foreign person is an individual, the Secretary of State
shall deny a visa to, and the Secretary of Homeland
Security shall exclude from the United States, the
foreign person.
(B) Current visas revoked.--
(i) In general.--The issuing consular officer,
the Secretary of State, or the Secretary of
Homeland Security (or a designee of one of such
Secretaries) shall revoke any visa or other entry
documentation issued to the foreign person
regardless of when issued.
(ii) Effect of revocation.--A revocation under
clause (i) shall take effect immediately and shall
automatically cancel any other valid visa or entry
documentation that is in the possession of the
foreign person.
(c) <<NOTE: Determination.>> Waiver.--Subject to section 216, the
President may waive the application of sanctions under subsection (b)
with respect to a person if the President determines that such a waiver
is in the national security interest of the United States.
(d) Definitions.--In this section:
(1) Financial, material, or technological support.--The term
``financial, material, or technological support'' has the
meaning given such term in section 542.304 of title 31, Code of
Federal Regulations (or any corresponding similar regulation or
ruling).
(2) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 594.304 of title 31, Code of
Federal Regulations (or any corresponding similar regulation or
ruling).
(3) Syria.--The term ``Syria'' has the meaning given such
term in section 542.316 of title 31, Code of Federal Regulations
(or any corresponding similar regulation or ruling).
SEC. 235. <<NOTE: President. 22 USC 9529.>> SANCTIONS DESCRIBED.
(a) Sanctions Described.--The sanctions to be imposed with respect
to a person under section 224(a)(2), 231(b), 232(a), or 233(a) are the
following:
(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation in
the extension of credit in connection with the export of any
goods or services to the sanctioned person.
(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority
[[Page 131 STAT. 920]]
to export any goods or technology to the sanctioned person
under--
(A) the Export Administration Act of 1979 (50 U.S.C.
4601 et seq.) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.));
(B) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
(C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
seq.); or
(D) any other statute that requires the prior review
and approval of the United States Government as a
condition for the export or reexport of goods or
services.
(3) <<NOTE: Time period.>> Loans from united states
financial institutions.--The President may prohibit any United
States financial institution from making loans or providing
credits to the sanctioned person totaling more than $10,000,000
in any 12-month period unless the person is engaged in
activities to relieve human suffering and the loans or credits
are provided for such activities.
(4) Loans from international financial institutions.--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
sanctioned person.
(5) Prohibitions on financial institutions.--The following
prohibitions may be imposed against the sanctioned person if
that person is a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--The financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of subsection (b),
and the imposition of both such sanctions shall be treated as
two sanctions for purposes of subsection (b).
(6) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from the sanctioned person.
(7) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the sanctioned
person has any interest.
(8) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the
[[Page 131 STAT. 921]]
extent that such transfers or payments are subject to the
jurisdiction of the United States and involve any interest of
the sanctioned person.
(9) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, importing, or
exporting any property that is subject to the
jurisdiction of the United States and with respect to
which the sanctioned person has any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(10) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the sanctioned person.
(11) <<NOTE: Determination.>> Exclusion of corporate
officers.--The President may direct the Secretary of State to
deny a visa to, and the Secretary of Homeland Security to
exclude from the United States, any alien that the President
determines is a corporate officer or principal of, or a
shareholder with a controlling interest in, the sanctioned
person.
(12) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the sanctioned person, or on persons performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions under this subsection.
(b) Sanctioned Person Defined.--In this section, the term
``sanctioned person'' means a person subject to sanctions under section
224(a)(2), 231(b), 232(a), or 233(a).
SEC. 236. <<NOTE: President. 22 USC 9530.>> EXCEPTIONS, WAIVER,
AND TERMINATION.
(a) Exceptions.--The provisions of this part and amendments made by
this part shall not apply with respect to the following:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), or any authorized intelligence activities of the United
States.
(2) 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.
(b) <<NOTE: Determination.>> Waiver of Sanctions That Are Imposed.--
Subject to section 216, if the President imposes sanctions with respect
to a person under this part or the amendments made by this part, the
President may waive the application of those sanctions if the President
determines that such a waiver is in the national security interest of
the United States.
[[Page 131 STAT. 922]]
(c) <<NOTE: Notice.>> Termination.--Subject to section 216, the
President may terminate the application of sanctions under section 224,
231, 232, 233, or 234 with respect to a person if the President submits
to the appropriate congressional committees--
(1) a notice of and justification for the termination; and
(2) a notice that--
(A) the person is not engaging in the activity that
was the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity; and
(B) the President has received reliable assurances
that the person will not knowingly engage in activity
subject to sanctions under this part in the future.
SEC. 237. <<NOTE: 22 USC 9531.>> EXCEPTION RELATING TO ACTIVITIES
OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION.
(a) In General.--This Act and the amendments made by this Act shall
not apply with respect to activities of the National Aeronautics and
Space Administration.
(b) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to authorize the imposition of any
sanction or other condition, limitation, restriction, or prohibition,
that directly or indirectly impedes the supply by any entity of the
Russian Federation of any product or service, or the procurement of such
product or service by any contractor or subcontractor of the United
States or any other entity, relating to or in connection with any space
launch conducted for--
(1) the National Aeronautics and Space Administration; or
(2) any other non-Department of Defense customer.
SEC. 238. <<NOTE: 22 USC 9532.>> RULE OF CONSTRUCTION.
Nothing in this part or the amendments made by this part shall be
construed--
(1) to supersede the limitations or exceptions on the use of
rocket engines for national security purposes under section 1608
of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3626; 10 U.S.C. 2271 note), as amended by section 1607 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1100) and section 1602 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2582); or
(2) to prohibit a contractor or subcontractor of the
Department of Defense from acquiring components referred to in
such section 1608.
PART 3--REPORTS
SEC. 241. REPORT ON OLIGARCHS AND PARASTATAL ENTITIES OF THE
RUSSIAN FEDERATION.
(a) <<NOTE: Consultation.>> In General.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of the
Treasury, in consultation with the Director of National Intelligence and
the Secretary of State, shall submit to the appropriate congressional
committees a detailed report on the following:
(1) Senior foreign political figures and oligarchs in the
Russian Federation, including the following:
[[Page 131 STAT. 923]]
(A) An identification of the most significant senior
foreign political figures and oligarchs in the Russian
Federation, as determined by their closeness to the
Russian regime and their net worth.
(B) <<NOTE: Assessment. Vladimir Putin.>> An
assessment of the relationship between individuals
identified under subparagraph (A) and President Vladimir
Putin or other members of the Russian ruling elite.
(C) An identification of any indices of corruption
with respect to those individuals.
(D) <<NOTE: Estimate.>> The estimated net worth and
known sources of income of those individuals and their
family members (including spouses, children, parents,
and siblings), including assets, investments, other
business interests, and relevant beneficial ownership
information.
(E) An identification of the non-Russian business
affiliations of those individuals.
(2) <<NOTE: Assessment.>> Russian parastatal entities,
including an assessment of the following:
(A) The emergence of Russian parastatal entities and
their role in the economy of the Russian Federation.
(B) The leadership structures and beneficial
ownership of those entities.
(C) The scope of the non-Russian business
affiliations of those entities.
(3) The exposure of key economic sectors of the United
States to Russian politically exposed persons and parastatal
entities, including, at a minimum, the banking, securities,
insurance, and real estate sectors.
(4) The likely effects of imposing debt and equity
restrictions on Russian parastatal entities, as well as the
anticipated effects of adding Russian parastatal entities to the
list of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the
Department of the Treasury.
(5) The potential impacts of imposing secondary sanctions
with respect to Russian oligarchs, Russian state-owned
enterprises, and Russian parastatal entities, including impacts
on the entities themselves and on the economy of the Russian
Federation, as well as on the economies of the United States and
allies of the United States.
(b) Form of Report.--The report required under subsection (a) shall
be submitted in an unclassified form, but may contain a classified
annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, and the
Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives.
(2) Senior foreign political figure.--The term ``senior
foreign political figure'' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
[[Page 131 STAT. 924]]
SEC. 242. REPORT ON EFFECTS OF EXPANDING SANCTIONS TO INCLUDE
SOVEREIGN DEBT AND DERIVATIVE PRODUCTS.
(a) <<NOTE: Consultation.>> In General.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of the
Treasury, in consultation with the Director of National Intelligence and
the Secretary of State, shall submit to the appropriate congressional
committees a report describing in detail the potential effects of
expanding sanctions under Directive 1 (as amended), dated September 12,
2014, issued by the Office of Foreign Assets Control under Executive
Order No. 13662 (79 Fed. Reg. 16169; relating to blocking property of
additional persons contributing to the situation in Ukraine), or any
successor directive, to include sovereign debt and the full range of
derivative products.
(b) Form of Report.--The report required under subsection (a) shall
be submitted in an unclassified form, but may contain a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on Finance
of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives.
SEC. 243. REPORT ON ILLICIT FINANCE RELATING TO THE RUSSIAN
FEDERATION.
(a) <<NOTE: Time periods.>> In General.--Not later than 1 year after
the date of the enactment of this Act, and not later than the end of
each 1-year period thereafter until 2021, the Secretary of the Treasury
shall submit to the appropriate congressional committees a report
describing interagency efforts in the United States to combat illicit
finance relating to the Russian Federation.
(b) <<NOTE: Summary.>> Elements.--The report required by subsection
(a) shall contain a summary of efforts by the United States to do the
following:
(1) Identify, investigate, map, and disrupt illicit
financial flows linked to the Russian Federation if such flows
affect the United States financial system or those of major
allies of the United States.
(2) Conduct outreach to the private sector, including
information sharing efforts to strengthen compliance efforts by
entities, including financial institutions, to prevent illicit
financial flows described in paragraph (1).
(3) Engage and coordinate with allied international partners
on illicit finance, especially in Europe, to coordinate efforts
to uncover and prosecute the networks responsible for illicit
financial flows described in paragraph (1), including examples
of that engagement and coordination.
(4) Identify foreign sanctions evaders and loopholes within
the sanctions regimes of foreign partners of the United States.
(5) Expand the number of real estate geographic targeting
orders or other regulatory actions, as appropriate, to degrade
illicit financial activity relating to the Russian Federation in
relation to the financial system of the United States.
[[Page 131 STAT. 925]]
(6) Provide support to counter those involved in illicit
finance relating to the Russian Federation across all
appropriate law enforcement, intelligence, regulatory, and
financial authorities of the Federal Government, including by
imposing sanctions with respect to or prosecuting those
involved.
(7) In the case of the Department of the Treasury and the
Department of Justice, investigate or otherwise develop major
cases, including a description of those cases.
(c) Briefing.--After submitting a report under this section, the
Secretary of the Treasury shall provide briefings to the appropriate
congressional committees with respect to that report.
(d) Coordination.--The Secretary of the Treasury shall coordinate
with the Attorney General, the Director of National Intelligence, the
Secretary of Homeland Security, and the Secretary of State in preparing
each report under this section.
(e) Form.--Each report submitted under this section shall be
submitted in unclassified form, but may contain a classified annex.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, and the
Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Ways and
Means of the House of Representatives.
(2) Illicit finance.--The term ``illicit finance'' means the
financing of terrorism, narcotics trafficking, or proliferation,
money laundering, or other forms of illicit financing
domestically or internationally, as defined by the President.
Subtitle B--Countering Russian Influence in Europe and Eurasia
SEC. 251. <<NOTE: 22 USC 9541.>> FINDINGS.
Congress makes the following findings:
(1) The Government of the Russian Federation has sought to
exert influence throughout Europe and Eurasia, including in the
former states of the Soviet Union, by providing resources to
political parties, think tanks, and civil society groups that
sow distrust in democratic institutions and actors, promote
xenophobic and illiberal views, and otherwise undermine European
unity. The Government of the Russian Federation has also engaged
in well-documented corruption practices as a means toward
undermining and buying influence in European and Eurasian
countries.
(2) The Government of the Russian Federation has largely
eliminated a once-vibrant Russian-language independent media
sector and severely curtails free and independent media within
the borders of the Russian Federation. Russian-language media
organizations that are funded and controlled by the Government
of the Russian Federation and disseminate information within and
outside of the Russian Federation routinely traffic in anti-
Western disinformation, while few independent, fact-based media
sources provide objective reporting for Russian-speaking
audiences inside or outside of the Russian Federation.
[[Page 131 STAT. 926]]
(3) The Government of the Russian Federation continues to
violate its commitments under the Memorandum on Security
Assurances in connection with Ukraine's Accession to the Treaty
on the Non-Proliferation of Nuclear Weapons, done at Budapest
December 5, 1994, and the Conference on Security and Co-
operation in Europe Final Act, concluded at Helsinki August 1,
1975 (commonly referred to as the ``Helsinki Final Act''), which
laid the ground-work for the establishment of the Organization
for Security and Co-operation in Europe, of which the Russian
Federation is a member, by its illegal annexation of Crimea in
2014, its illegal occupation of South Ossetia and Abkhazia in
Georgia in 2008, and its ongoing destabilizing activities in
eastern Ukraine.
(4) The Government of the Russian Federation continues to
ignore the terms of the August 2008 ceasefire agreement relating
to Georgia, which requires the withdrawal of Russian Federation
troops, free access by humanitarian groups to the regions of
South Ossetia and Abkhazia, and monitoring of the conflict areas
by the European Union Monitoring Mission.
(5) The Government of the Russian Federation is failing to
comply with the terms of the Minsk Agreement to address the
ongoing conflict in eastern Ukraine, signed in Minsk, Belarus,
on February 11, 2015, by the leaders of Ukraine, Russia, France,
and Germany, as well as the Minsk Protocol, which was agreed to
on September 5, 2014.
(6) The Government of the Russian Federation is--
(A) in violation of the Treaty between the United
States of America and the Union of Soviet Socialist
Republics on the Elimination of their Intermediate-Range
and Shorter-Range Missiles, signed at Washington
December 8, 1987, and entered into force June 1, 1988
(commonly known as the ``INF Treaty''); and
(B) failing to meet its obligations under the Treaty
on Open Skies, done at Helsinki March 24, 1992, and
entered into force January 1, 2002 (commonly known as
the ``Open Skies Treaty'').
SEC. 252. <<NOTE: 22 USC 9542.>> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of the Russian Federation bears
responsibility for the continuing violence in Eastern Ukraine,
including the death on April 24, 2017, of Joseph Stone, a
citizen of the United States working as a monitor for the
Organization for Security and Co-operation in Europe;
(2) the President should call on the Government of the
Russian Federation--
(A) to withdraw all of its forces from the
territories of Georgia, Ukraine, and Moldova;
(B) to return control of the borders of those
territories to their respective governments; and
(C) to cease all efforts to undermine the popularly
elected governments of those countries;
(3) the Government of the Russian Federation has applied,
and continues to apply, to the countries and peoples of Georgia
and Ukraine, traditional uses of force, intelligence operations,
and influence campaigns, which represent clear and present
threats to the countries of Europe and Eurasia;
[[Page 131 STAT. 927]]
(4) in response, the countries of Europe and Eurasia should
redouble efforts to build resilience within their institutions,
political systems, and civil societies;
(5) the United States supports the institutions that the
Government of the Russian Federation seeks to undermine,
including the North Atlantic Treaty Organization and the
European Union;
(6) a strong North Atlantic Treaty Organization is critical
to maintaining peace and security in Europe and Eurasia;
(7) the United States should continue to work with the
European Union as a partner against aggression by the Government
of the Russian Federation, coordinating aid programs,
development assistance, and other counter-Russian efforts;
(8) the United States should encourage the establishment of
a commission for media freedom within the Council of Europe,
modeled on the Venice Commission regarding rule of law issues,
that would be chartered to provide governments with expert
recommendations on maintaining legal and regulatory regimes
supportive of free and independent media and an informed
citizenry able to distinguish between fact-based reporting,
opinion, and disinformation;
(9) in addition to working to strengthen the North Atlantic
Treaty Organization and the European Union, the United States
should work with the individual countries of Europe and
Eurasia--
(A) to identify vulnerabilities to aggression,
disinformation, corruption, and so-called hybrid warfare
by the Government of the Russian Federation;
(B) to establish strategic and technical plans for
addressing those vulnerabilities;
(C) to ensure that the financial systems of those
countries are not being used to shield illicit financial
activity by officials of the Government of the Russian
Federation or individuals in President Vladimir Putin's
inner circle who have been enriched through corruption;
(D) to investigate and prosecute cases of corruption
by Russian actors; and
(E) to work toward full compliance with the
Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions
(commonly referred to as the ``Anti-Bribery
Convention'') of the Organization for Economic Co-
operation and Development; and
(10) the President of the United States should use the
authority of the President to impose sanctions under--
(A) the Sergei Magnitsky Rule of Law Accountability
Act of 2012 (title IV of Public Law 112-208; 22 U.S.C.
5811 note); and
(B) the Global Magnitsky Human Rights Accountability
Act (subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note).
SEC. 253. STATEMENT OF POLICY.
The United States, consistent with the principle of ex injuria jus
non oritur, supports the policy known as the ``Stimson Doctrine'' and
thus does not recognize territorial changes effected by force, including
the illegal invasions and occupations of Abkhazia, South Ossetia,
Crimea, Eastern Ukraine, and Transnistria.
[[Page 131 STAT. 928]]
SEC. 254. <<NOTE: 22 USC 9543.>> COORDINATING AID AND ASSISTANCE
ACROSS EUROPE AND EURASIA.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for the Countering Russian Influence Fund $250,000,000 for
fiscal years 2018 and 2019.
(b) Use of Funds.--Amounts in the Countering Russian <<NOTE: Country
listings.>> Influence Fund shall be used to effectively implement,
prioritized in the following order and subject to the availability of
funds, the following goals:
(1) To assist in protecting critical infrastructure and
electoral mechanisms from cyberattacks in the following
countries:
(A) <<NOTE: Determination.>> Countries that are
members of the North Atlantic Treaty Organization or the
European Union that the Secretary of State determines--
(i) are vulnerable to influence by the Russian
Federation; and
(ii) lack the economic capability to
effectively respond to aggression by the Russian
Federation without the support of the United
States.
(B) Countries that are participating in the
enlargement process of the North Atlantic Treaty
Organization or the European Union, including Albania,
Bosnia and Herzegovina, Georgia, Macedonia, Moldova,
Kosovo, Serbia, and Ukraine.
(2) To combat corruption, improve the rule of law, and
otherwise strengthen independent judiciaries and prosecutors
general offices in the countries described in paragraph (1).
(3) To respond to the humanitarian crises and instability
caused or aggravated by the invasions and occupations of Georgia
and Ukraine by the Russian Federation.
(4) To improve participatory legislative processes and legal
education, political transparency and competition, and
compliance with international obligations in the countries
described in paragraph (1).
(5) To build the capacity of civil society, media, and other
nongovernmental organizations countering the influence and
propaganda of the Russian Federation to combat corruption,
prioritize access to truthful information, and operate freely in
all regions in the countries described in paragraph (1).
(6) To assist the Secretary of State in executing the
functions specified in section 1287(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22
U.S.C. 2656 note) for the purposes of recognizing,
understanding, exposing, and countering propaganda and
disinformation efforts by foreign governments, in coordination
with the relevant regional Assistant Secretary or Assistant
Secretaries of the Department of State.
(c) <<NOTE: Deadline. Notification.>> Revision of Activities for
Which Amounts May Be Used.--The Secretary of State may modify the goals
described in subsection (b) if, not later than 15 days before revising
such a goal, the Secretary notifies the appropriate congressional
committees of the revision.
(d) Implementation.--
(1) <<NOTE: Consultation.>> In general.--The Secretary of
State shall, acting through the Coordinator of United States
Assistance to Europe and Eurasia (authorized pursuant to section
601 of the Support for East European Democracy (SEED) Act of
1989 (22 U.S.C.
[[Page 131 STAT. 929]]
5461) and section 102 of the Freedom for Russia and Emerging
Eurasian Democracies and Open Markets Support Act of 1992 (22
U.S.C. 5812)), and in consultation with the Administrator for
the United States Agency for International Development, the
Director of the Global Engagement Center of the Department of
State, the Secretary of Defense, the Chairman of the
Broadcasting Board of Governors, and the heads of other relevant
Federal agencies, coordinate and carry out activities to achieve
the goals described in subsection (b).
(2) Method.--Activities to achieve the goals described in
subsection (b) shall be carried out through--
(A) initiatives of the United States Government;
(B) Federal grant programs such as the Information
Access Fund; or
(C) nongovernmental or international organizations,
such as the Organization for Security and Co-operation
in Europe, the National Endowment for Democracy, the
Black Sea Trust, the Balkan Trust for Democracy, the
Prague Civil Society Centre, the North Atlantic Treaty
Organization Strategic Communications Centre of
Excellence, the European Endowment for Democracy, and
related organizations.
(3) Report on implementation.--
(A) In general.--Not later than April 1 of each
year, the Secretary of State, acting through the
Coordinator of United States Assistance to Europe and
Eurasia, shall submit to the appropriate congressional
committees a report on the programs and activities
carried out to achieve the goals described in subsection
(b) during the preceding fiscal year.
(B) Elements.--Each report required by subparagraph
(A) shall include, with respect to each program or
activity described in that subparagraph--
(i) the amount of funding for the program or
activity;
(ii) the goal described in subsection (b) to
which the program or activity relates; and
(iii) <<NOTE: Assessment.>> an assessment of
whether or not the goal was met.
(e) Coordination With Global Partners.--
(1) In general.--In order to maximize cost efficiency,
eliminate duplication, and speed the achievement of the goals
described in subsection (b), the Secretary of State shall ensure
coordination with--
(A) the European Union and its institutions;
(B) the governments of countries that are members of
the North Atlantic Treaty Organization or the European
Union; and
(C) international organizations and quasi-
governmental funding entities that carry out programs
and activities that seek to accomplish the goals
described in subsection (b).
(2) Report by secretary of state.--Not later than April 1 of
each year, the Secretary of State shall submit to the
appropriate congressional committees a report that includes--
(A) the amount of funding provided to each country
referred to in subsection (b) by--
[[Page 131 STAT. 930]]
(i) the European Union or its institutions;
(ii) the government of each country that is a
member of the European Union or the North Atlantic
Treaty Organization; and
(iii) international organizations and quasi-
governmental funding entities that carry out
programs and activities that seek to accomplish
the goals described in subsection (b); and
(B) <<NOTE: Assessment.>> an assessment of whether
the funding described in subparagraph (A) is
commensurate with funding provided by the United States
for those goals.
(f) Rule of Construction.--Nothing in this section shall be
construed to apply to or limit United States foreign assistance not
provided using amounts available in the Countering Russian Influence
Fund.
(g) Ensuring Adequate Staffing for Governance Activities.--In order
to ensure that the United States Government is properly focused on
combating corruption, improving rule of law, and building the capacity
of civil society, media, and other nongovernmental organizations in
countries described in subsection (b)(1), the Secretary of State shall
establish a pilot program for Foreign Service officer positions focused
on governance and anticorruption activities in such countries.
SEC. 255. <<NOTE: 22 USC 9544.>> REPORT ON MEDIA ORGANIZATIONS
CONTROLLED AND FUNDED BY THE GOVERNMENT OF
THE RUSSIAN FEDERATION.
(a) <<NOTE: President.>> 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 includes a description of media organizations that are
controlled and funded by the Government of the Russian Federation, and
any affiliated entities, whether operating within or outside the Russian
Federation, including broadcast and satellite-based television, radio,
Internet, and print media organizations.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 256. <<NOTE: 22 USC 9545.>> REPORT ON RUSSIAN FEDERATION
INFLUENCE ON ELECTIONS IN EUROPE AND
EURASIA.
(a) <<NOTE: President.>> 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 and
leadership a report on funds provided by, or funds the use of which was
directed by, the Government of the Russian Federation or any Russian
person with the intention of influencing the outcome of any election or
campaign in any country in Europe or Eurasia during the preceding year,
including through direct support to any political party, candidate,
lobbying campaign, nongovernmental organization, or civic organization.
(b) Form of Report.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and leadership''
means--
[[Page 131 STAT. 931]]
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on
Appropriations, the Select Committee on Intelligence,
and the majority and minority leaders of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Armed Services,
the Committee on Homeland Security, the Committee on
Appropriations, the Permanent Select Committee on
Intelligence, and the Speaker, the majority leader, and
the minority leader of the House of Representatives.
(2) Russian person.--The term ``Russian person'' means--
(A) an individual who is a citizen or national of
the Russian Federation; or
(B) an entity organized under the laws of the
Russian Federation or otherwise subject to the
jurisdiction of the Government of the Russian
Federation.
SEC. 257. <<NOTE: 22 USC 9546.>> UKRANIAN ENERGY SECURITY.
(a) Statement of Policy.--It is the policy of the United States--
(1) to support the Government of Ukraine in restoring its
sovereign and territorial integrity;
(2) to condemn and oppose all of the destabilizing efforts
by the Government of the Russian Federation in Ukraine in
violation of its obligations and international commitments;
(3) to never recognize the illegal annexation of Crimea by
the Government of the Russian Federation or the separation of
any portion of Ukrainian territory through the use of military
force;
(4) to deter the Government of the Russian Federation from
further destabilizing and invading Ukraine and other independent
countries in Central and Eastern Europe and the Caucuses;
(5) to assist in promoting reform in regulatory oversight
and operations in Ukraine's energy sector, including the
establishment and empowerment of an independent regulatory
organization;
(6) to encourage and support fair competition, market
liberalization, and reliability in Ukraine's energy sector;
(7) to help Ukraine and United States allies and partners in
Europe reduce their dependence on Russian energy resources,
especially natural gas, which the Government of the Russian
Federation uses as a weapon to coerce, intimidate, and influence
other countries;
(8) to work with European Union member states and European
Union institutions to promote energy security through developing
diversified and liberalized energy markets that provide
diversified sources, suppliers, and routes;
(9) to continue to oppose the NordStream 2 pipeline given
its detrimental impacts on the European Union's energy security,
gas market development in Central and Eastern Europe, and energy
reforms in Ukraine; and
(10) that the United States Government should prioritize the
export of United States energy resources in order to create
[[Page 131 STAT. 932]]
American jobs, help United States allies and partners, and
strengthen United States foreign policy.
(b) Plan To Promote Energy Security in Ukraine.--
(1) <<NOTE: Coordination.>> In general.--The Secretary of
State, in coordination with the Administrator of the United
States Agency for International Development and the Secretary of
Energy, shall work with the Government of Ukraine to develop a
plan to increase energy security in Ukraine, increase the amount
of energy produced in Ukraine, and reduce Ukraine's reliance on
energy imports from the Russian Federation.
(2) <<NOTE: Strategies.>> Elements.--The plan developed
under paragraph (1) shall include strategies for market
liberalization, effective regulation and oversight, supply
diversification, energy reliability, and energy efficiency, such
as through supporting--
(A) the promotion of advanced technology and modern
operating practices in Ukraine's oil and gas sector;
(B) modern geophysical and meteorological survey
work as needed followed by international tenders to help
attract qualified investment into exploration and
development of areas with untapped resources in Ukraine;
(C) a broadening of Ukraine's electric power
transmission interconnection with Europe;
(D) the strengthening of Ukraine's capability to
maintain electric power grid stability and reliability;
(E) independent regulatory oversight and operations
of Ukraine's gas market and electricity sector;
(F) the implementation of primary gas law including
pricing, tariff structure, and legal regulatory
implementation;
(G) privatization of government owned energy
companies through credible legal frameworks and a
transparent process compliant with international best
practices;
(H) procurement and transport of emergency fuel
supplies, including reverse pipeline flows from Europe;
(I) provision of technical assistance for crisis
planning, crisis response, and public outreach;
(J) repair of infrastructure to enable the transport
of fuel supplies;
(K) repair of power generating or power transmission
equipment or facilities; and
(L) improved building energy efficiency and other
measures designed to reduce energy demand in Ukraine.
(3) Reports.--
(A) Implementation of ukraine freedom support act of
2014 provisions.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees
a report detailing the status of implementing the
provisions required under section 7(c) of the Ukraine
Freedom Support Act of 2014 (22 U.S.C. 8926(c)),
including detailing the plans required under that
section, the level of funding that has been allocated to
and expended for the strategies set forth under that
section, and progress that has been made in implementing
the strategies developed pursuant to that section.
(B) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
[[Page 131 STAT. 933]]
thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report detailing
the plan developed under paragraph (1), the level of
funding that has been allocated to and expended for the
strategies set forth in paragraph (2), and progress that
has been made in implementing the strategies.
(C) <<NOTE: Deadline.>> Briefings.--The Secretary of
State, or a designee of the Secretary, shall brief the
appropriate congressional committees not later than 30
days after the submission of each report under
subparagraph (B). In addition, the Department of State
shall make relevant officials available upon request to
brief the appropriate congressional committees on all
available information that relates directly or
indirectly to Ukraine or energy security in Eastern
Europe.
(D) Appropriate congressional committees defined.--
In this paragraph, the term ``appropriate congressional
committees'' means--
(i) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(ii) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(c) Supporting Efforts of Countries in Europe and Eurasia To
Decrease Their Dependence on Russian Sources of Energy.--
(1) Findings.--Congress makes the following findings:
(A) The Government of the Russian Federation uses
its strong position in the energy sector as leverage to
manipulate the internal politics and foreign relations
of the countries of Europe and Eurasia.
(B) This influence is based not only on the Russian
Federation's oil and natural gas resources, but also on
its state-owned nuclear power and electricity companies.
(2) Sense of congress.--It is the sense of Congress that--
(A) the United States should assist the efforts of
the countries of Europe and Eurasia to enhance their
energy security through diversification of energy
supplies in order to lessen dependencies on Russian
Federation energy resources and state-owned entities;
and
(B) the Export-Import Bank of the United States and
the Overseas Private Investment Corporation should play
key roles in supporting critical energy projects that
contribute to that goal.
(3) Use of countering russian influence fund to provide
technical assistance.--Amounts in the Countering Russian
Influence Fund pursuant to section 254 shall be used to provide
technical advice to countries described in subsection (b)(1) of
such section designed to enhance energy security and lessen
dependence on energy from Russian Federation sources.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of State a total of $30,000,000 for
fiscal years 2018 and 2019 to carry out the strategies set forth in
subsection (b)(2) and other activities under this section related to the
promotion of energy security in Ukraine.
(e) Rule of Construction.--Nothing in this section shall be
construed as affecting the responsibilities required and authorities
[[Page 131 STAT. 934]]
provided under section 7 of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8926).
SEC. 258. <<NOTE: 22 USC 9547.>> TERMINATION.
The provisions of this subtitle shall terminate on the date that is
5 years after the date of the enactment of this Act.
SEC. 259. <<NOTE: 22 USC 9548.>> APPROPRIATE CONGRESSIONAL
COMMITTEES DEFINED.
Except as otherwise provided, in this subtitle, the term
``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Armed
Services, the Committee on Homeland Security and Governmental
Affairs, the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the
Committee on Homeland Security, the Committee on Appropriations,
and the Permanent Select Committee on Intelligence of the House
of Representatives.
Subtitle C--Combating Terrorism and Illicit Financing
PART 1--NATIONAL STRATEGY FOR COMBATING TERRORIST AND OTHER ILLICIT
FINANCING
SEC. 261. <<NOTE: President.>> DEVELOPMENT OF NATIONAL STRATEGY.
(a) <<NOTE: Consultation.>> In General.--The President, acting
through the Secretary, shall, in consultation with the Attorney General,
the Secretary of State, the Secretary of Homeland Security, the Director
of National Intelligence, the Director of the Office of Management and
Budget, and the appropriate Federal banking agencies and Federal
functional regulators, develop a national strategy for combating the
financing of terrorism and related forms of illicit finance.
(b) <<NOTE: Deadlines.>> Transmittal to Congress.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a comprehensive national
strategy developed in accordance with subsection (a).
(2) Updates.--Not later than January 31, 2020, and January
31, 2022, the President shall submit to the appropriate
congressional committees updated versions of the national
strategy submitted under paragraph (1).
(c) Separate Presentation of Classified Material.--Any part of the
national strategy that involves information that is properly classified
under criteria established by the President shall be submitted to
Congress separately in a classified annex and, if requested by the
chairman or ranking member of one of the appropriate congressional
committees, as a briefing at an appropriate level of security.
SEC. 262. CONTENTS OF NATIONAL STRATEGY.
The strategy described in section 261 shall contain the following:
[[Page 131 STAT. 935]]
(1) <<NOTE: Assessment.>> Evaluation of existing efforts.--
An assessment of the effectiveness of and ways in which the
United States is currently addressing the highest levels of risk
of various forms of illicit finance, including those identified
in the documents entitled ``2015 National Money Laundering Risk
Assessment'' and ``2015 National Terrorist Financing Risk
Assessment'', published by the Department of the Treasury and a
description of how the strategy is integrated into, and
supports, the broader counter terrorism strategy of the United
States.
(2) Goals, objectives, and priorities.--A comprehensive,
research-based, long-range, quantifiable discussion of goals,
objectives, and priorities for disrupting and preventing illicit
finance activities within and transiting the financial system of
the United States that outlines priorities to reduce the
incidence, dollar value, and effects of illicit finance.
(3) Threats.--An identification of the most significant
illicit finance threats to the financial system of the United
States.
(4) Reviews and proposed changes.--Reviews of enforcement
efforts, relevant regulations and relevant provisions of law
and, if appropriate, discussions of proposed changes determined
to be appropriate to ensure that the United States pursues
coordinated and effective efforts at all levels of government,
and with international partners of the United States, in the
fight against illicit finance.
(5) Detection and prosecution initiatives.--A description of
efforts to improve, as necessary, detection and prosecution of
illicit finance, including efforts to ensure that--
(A) subject to legal restrictions, all appropriate
data collected by the Federal Government that is
relevant to the efforts described in this section be
available in a timely fashion to--
(i) all appropriate Federal departments and
agencies; and
(ii) as appropriate and consistent with
section 314 of the International Money Laundering
Abatement and Financial Anti-Terrorism Act of 2001
(31 U.S.C. 5311 note), to financial institutions
to assist the financial institutions in efforts to
comply with laws aimed at curbing illicit finance;
and
(B) appropriate efforts are undertaken to ensure
that Federal departments and agencies charged with
reducing and preventing illicit finance make thorough
use of publicly available data in furtherance of this
effort.
(6) The role of the private financial sector in prevention
of illicit finance.--A discussion of ways to enhance
partnerships between the private financial sector and Federal
departments and agencies with regard to the prevention and
detection of illicit finance, including--
(A) efforts to facilitate compliance with laws aimed
at stopping such illicit finance while maintaining the
effectiveness of such efforts; and
(B) providing guidance to strengthen internal
controls and to adopt on an industry-wide basis more
effective policies.
[[Page 131 STAT. 936]]
(7) Enhancement of intergovernmental cooperation.--A
discussion of ways to combat illicit finance by enhancing--
(A) cooperative efforts between and among Federal,
State, and local officials, including State regulators,
State and local prosecutors, and other law enforcement
officials; and
(B) cooperative efforts with and between governments
of countries and with and between multinational
institutions with expertise in fighting illicit finance,
including the Financial Action Task Force and the Egmont
Group of Financial Intelligence Units.
(8) Trend analysis of emerging illicit finance threats.--A
discussion of and data regarding trends in illicit finance,
including evolving forms of value transfer such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime, or any other
threats that the Secretary may choose to identify.
(9) Budget priorities.--A multiyear budget plan that
identifies sufficient resources needed to successfully execute
the full range of missions called for in this section.
(10) <<NOTE: Analysis.>> Technology enhancements.--An
analysis of current and developing ways to leverage technology
to improve the effectiveness of efforts to stop the financing of
terrorism and other forms of illicit finance, including better
integration of open-source data.
PART 2--ENHANCING ANTITERRORISM TOOLS OF THE DEPARTMENT OF THE TREASURY
SEC. 271. IMPROVING ANTITERROR FINANCE MONITORING OF FUNDS
TRANSFERS.
(a) Study.--
(1) In general.--To improve the ability of the Department of
the Treasury to better track cross-border fund transfers and
identify potential financing of terrorist or other forms of
illicit finance, the Secretary shall carry out a study to
assess--
(A) the potential efficacy of requiring banking
regulators to establish a pilot program to provide
technical assistance to depository institutions and
credit unions that wish to provide account services to
money services businesses serving individuals in
Somalia;
(B) whether such a pilot program could be a model
for improving the ability of United States persons to
make legitimate funds transfers through transparent and
easily monitored channels while preserving strict
compliance with the Bank Secrecy Act (Public Law 91-508;
84 Stat. 1114) and related controls aimed at stopping
money laundering and the financing of terrorism; and
(C) consistent with current legal requirements
regarding confidential supervisory information, the
potential impact of allowing money services businesses
to share certain State examination information with
depository institutions and credit unions, or whether
another appropriate mechanism could be identified to
allow a similar exchange of information to give the
depository institutions
[[Page 131 STAT. 937]]
and credit unions a better understanding of whether an
individual money services business is adequately meeting
its anti-money laundering and counter-terror financing
obligations to combat money laundering, the financing of
terror, or related illicit finance.
(2) Public input.--The Secretary should solicit and consider
public input as appropriate in developing the study required
under subsection (a).
(b) Report.--Not later than 270 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Foreign Relations of the
Senate and the Committee on Financial Services and the Committee on
Foreign Affairs of the House of Representatives a report that contains
all findings and determinations made in carrying out the study required
under subsection (a).
SEC. 272. SENSE OF CONGRESS ON INTERNATIONAL COOPERATION REGARDING
TERRORIST FINANCING INTELLIGENCE.
It is the sense of Congress that the Secretary, acting through the
Under Secretary for Terrorism and Financial Crimes, should intensify
work with foreign partners to help the foreign partners develop
intelligence analytic capacities, in a financial intelligence unit,
finance ministry, or other appropriate agency, that are--
(1) commensurate to the threats faced by the foreign
partner; and
(2) designed to better integrate intelligence efforts with
the anti-money laundering and counter-terrorist financing
regimes of the foreign partner.
SEC. 273. EXAMINING THE COUNTER-TERROR FINANCING ROLE OF THE
DEPARTMENT OF THE TREASURY IN EMBASSIES.
<<NOTE: Deadline. Reports. Lists. Overview.>> Not later than 180
days after the date of the enactment of this Act, the Secretary shall
submit to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate and the Committee on
Financial Services and the Committee on Foreign Affairs of the House of
Representatives a report that contains--
(1) a list of the United States embassies in which a full-
time Department of the Treasury financial attache is stationed
and a description of how the interests of the Department of the
Treasury relating to terrorist financing and money laundering
are addressed (via regional attaches or otherwise) at United
States embassies where no such attaches are present;
(2) a list of the United States embassies at which the
Department of the Treasury has assigned a technical assistance
advisor from the Office of Technical Assistance of the
Department of the Treasury;
(3) an overview of how Department of the Treasury financial
attaches and technical assistance advisors assist in efforts to
counter illicit finance, to include money laundering, terrorist
financing, and proliferation financing; and
(4) an overview of patterns, trends, or other issues
identified by the Department of the Treasury and whether
resources are sufficient to address these issues.
[[Page 131 STAT. 938]]
SEC. 274. INCLUSION OF SECRETARY OF THE TREASURY ON THE NATIONAL
SECURITY COUNCIL.
(a) In General.--Section 101(c)(1) of the National Security Act of
1947 (50 U.S.C. 3021(c)(1)) is amended by inserting ``the Secretary of
the Treasury,'' before ``and such other officers''.
(b) <<NOTE: 50 USC 3021 note.>> Rule of Construction.--The amendment
made by subsection (a) may not be construed to authorize the National
Security Council to have a professional staff level that exceeds the
limitation set forth under section 101(e)(3) of the National Security
Act of 1947 (50 U.S.C. 3021(e)(3)).
SEC. 275. INCLUSION OF ALL FUNDS.
(a) In General.--Section 5326 of title 31, United States Code, is
amended--
(1) in the heading of such section, by striking ``coin and
currency'';
(2) in subsection (a)--
(A) by striking ``subtitle and'' and inserting
``subtitle or to''; and
(B) in paragraph (1)(A), by striking ``United States
coins or currency (or such other monetary instruments as
the Secretary may describe in such order)'' and
inserting ``funds (as the Secretary may describe in such
order),''; and
(3) in subsection (b)--
(A) in paragraph (1)(A), by striking ``coins or
currency (or monetary instruments)'' and inserting
``funds''; and
(B) in paragraph (2), by striking ``coins or
currency (or such other monetary instruments as the
Secretary may describe in the regulation or order)'' and
inserting ``funds (as the Secretary may describe in the
regulation or order)''.
(b) Clerical Amendment.--The table of contents for chapter 53 of
title 31, United States Code, <<NOTE: 31 USC 5301 prec.>> is amended in
the item relating to section 5326 by striking ``coin and currency''.
PART 3--DEFINITIONS
SEC. 281. DEFINITIONS.
In this subtitle--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, Committee
on Armed Services, Committee on the Judiciary, Committee
on Homeland Security and Governmental Affairs, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on the Judiciary, Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives;
(2) the term ``appropriate Federal banking agencies'' has
the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
(3) the term ``Bank Secrecy Act'' means--
(A) section 21 of the Federal Deposit Insurance Act
(12 U.S.C. 1829b);
[[Page 131 STAT. 939]]
(B) chapter 2 of title I of Public Law 91-508 (12
U.S.C. 1951 et seq.); and
(C) subchapter II of chapter 53 of title 31, United
States Code;
(4) the term ``Federal functional regulator'' has the
meaning given that term in section 509 of the Gramm-Leach-Bliley
Act (15 U.S.C. 6809);
(5) the term ``illicit finance'' means the financing of
terrorism, narcotics trafficking, or proliferation, money
laundering, or other forms of illicit financing domestically or
internationally, as defined by the President;
(6) the term ``money services business'' has the meaning
given the term under section 1010.100 of title 31, Code of
Federal Regulations;
(7) the term ``Secretary'' means the Secretary of the
Treasury; and
(8) the term ``State'' means each of the several States, the
District of Columbia, and each territory or possession of the
United States.
Subtitle D--Rule of Construction
SEC. 291. <<NOTE: 22 USC 9501 note.>> RULE OF CONSTRUCTION.
Nothing in this title or the amendments made by this title (other
than sections 216 and 236(b)) shall be construed to limit the authority
of the President under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
SEC. 292. SENSE OF CONGRESS ON THE STRATEGIC IMPORTANCE OF ARTICLE
5 OF THE NORTH ATLANTIC TREATY.
(a) Findings.--Congress makes the following findings:
(1) The principle of collective defense of the North
Atlantic Treaty Organization (NATO) is immortalized in Article 5
of the North Atlantic Treaty in which members pledge that ``an
armed attack against one or more of them in Europe or North
America shall be considered an attack against them all''.
(2) For almost 7 decades, the principle of collective
defense has effectively served as a strategic deterrent for the
member nations of the North Atlantic Treaty Organization and
provided stability throughout the world, strengthening the
security of the United States and all 28 other member nations.
(3) Following the September 11, 2001, terrorist attacks in
New York, Washington, and Pennsylvania, the Alliance agreed to
invoke Article 5 for the first time, affirming its commitment to
collective defense.
(4) Countries that are members of the North Atlantic Treaty
Organization have made historic contributions and sacrifices
while combating terrorism in Afghanistan through the
International Security Assistance Force and the Resolute Support
Mission.
(5) The recent attacks in the United Kingdom underscore the
importance of an international alliance to combat hostile nation
states and terrorist groups.
(6) At the 2014 NATO summit in Wales, the member countries
of the North Atlantic Treaty Organization decided that all
countries that are members of NATO would spend
[[Page 131 STAT. 940]]
an amount equal to 2 percent of their gross domestic product on
defense by 2024.
(7) Collective defense unites the 29 members of the North
Atlantic Treaty Organization, each committing to protecting and
supporting one another from external adversaries, which bolsters
the North Atlantic Alliance.
(b) Sense of Congress.--It is the sense of Congress--
(1) to express the vital importance of Article 5 of the
North Atlantic Treaty, the charter of the North Atlantic Treaty
Organization, as it continues to serve as a critical deterrent
to potential hostile nations and terrorist organizations;
(2) to remember the first and only invocation of Article 5
by the North Atlantic Treaty Organization in support of the
United States after the terrorist attacks of September 11, 2001;
(3) to affirm that the United States remains fully committed
to the North Atlantic Treaty Organization and will honor its
obligations enshrined in Article 5; and
(4) to condemn any threat to the sovereignty, territorial
integrity, freedom, or democracy of any country that is a member
of the North Atlantic Treaty Organization.
TITLE III-- <<NOTE: Korean Interdiction and Modernization of Sanctions
Act.>> SANCTIONS WITH RESPECT TO NORTH KOREA
SEC. 301. <<NOTE: 22 USC 9201 note.>> SHORT TITLE.
This title may be cited as the ``Korean Interdiction and
Modernization of Sanctions Act''.
SEC. 302. DEFINITIONS.
(a) Amendments to Definitions in the North Korea Sanctions and
Policy Enhancement Act of 2016.--
(1) Applicable executive order.--Section 3(1)(A) of the
North Korea Sanctions and Policy Enhancement Act of 2016 (22
U.S.C. 9202(1)(A)) is amended--
(A) by striking ``or Executive Order 13694'' and
inserting ``Executive Order No. 13694''; and
(B) by inserting ``or Executive Order No. 13722 (50
U.S.C. 1701 note; relating to blocking the property of
the Government of North Korea and the Workers' Party of
Korea, and Prohibiting Certain Transactions With Respect
to North Korea),'' before ``to the extent''.
(2) Applicable united nations security council resolution.--
Section 3(2)(A) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9202(2)(A)) is amended by
striking ``or 2094 (2013)'' and inserting ``2094 (2013), 2270
(2016), or 2321 (2016)''.
(3) Foreign person.--Section 3 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9202) is amended--
(A) by redesignating paragraphs (5) through (14) as
paragraphs (6) through (15), respectively; and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Foreign person.--The term `foreign person' means--
[[Page 131 STAT. 941]]
``(A) an individual who is not a United States
citizen or an alien lawfully admitted for permanent
residence to the United States; or
``(B) an entity that is not a United States
person.''.
(4) Luxury goods.--Paragraph (9) of section 3 of the North
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9202), as redesignated by paragraph (3) of this subsection, is
amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) also includes any items so designated under an
applicable United Nations Security Council
resolution.''.
(5) North korean person.--Section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202),
as amended by paragraph (3) of this subsection, is further
amended--
(A) by redesignating paragraphs (13) through (15) as
paragraphs (14) through (16), respectively; and
(B) by inserting after paragraph (12) the following
new paragraph:
``(13) North korean person.--The term `North Korean person'
means--
``(A) a North Korean citizen or national; or
``(B) an entity owned or controlled by the
Government of North Korea or by a North Korean citizen
or national.''.
(b) <<NOTE: 22 USC 9202 note.>> Definitions for Purposes of This
Act.--In this title:
(1) Applicable united nations security council resolution;
luxury goods.--The terms ``applicable United Nations Security
Council resolution'' and ``luxury goods'' have the meanings
given those terms, respectively, in section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202),
as amended by subsection (a).
(2) Appropriate congressional committees; government of
north korea; united states person.--The terms ``appropriate
congressional committees'', ``Government of North Korea'', and
``United States person'' have the meanings given those terms,
respectively, in section 3 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9202).
(3) Foreign person; north korean person.--The terms
``foreign person'' and ``North Korean person'' have the meanings
given those terms, respectively, in paragraph (5) and paragraph
(13) of section 3 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9202(5) and 9202(13)), as
added by subsection (a).
(4) Prohibited weapons program.--The term ``prohibited
weapons program'' means--
(A) any program related to the development of
nuclear, chemical, or biological weapons, and their
means of delivery, including ballistic missiles; and
(B) any program to develop related materials with
respect to a program described in subparagraph (A).
[[Page 131 STAT. 942]]
Subtitle A--Sanctions to Enforce and Implement United Nations Security
Council Sanctions Against North Korea
SEC. 311. MODIFICATION AND EXPANSION OF REQUIREMENTS FOR THE
DESIGNATION OF PERSONS.
(a) Expansion of Mandatory Designations.--Section 104(a) of the
North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9214(a)) is amended--
(1) in paragraph (9), by striking ``; or'' and inserting
``or any defense article or defense service (as such terms are
defined in section 47 of the Arms Export Control Act (22 U.S.C.
2794));'';
(2) by redesignating paragraph (10) as paragraph (15);
(3) by inserting after paragraph (9) the following new
paragraphs:
``(10) knowingly, directly or indirectly, purchases or
otherwise acquires from North Korea any significant amounts of
gold, titanium ore, vanadium ore, copper, silver, nickel, zinc,
or rare earth minerals;
``(11) knowingly, directly or indirectly, sells or transfers
to North Korea any significant amounts of rocket, aviation, or
jet fuel (except for use by a civilian passenger aircraft
outside North Korea, exclusively for consumption during its
flight to North Korea or its return flight);
``(12) knowingly, directly or indirectly, provides
significant amounts of fuel or supplies, provides bunkering
services, or facilitates a significant transaction or
transactions to operate or maintain, a vessel or aircraft that
is designated under an applicable Executive order or an
applicable United Nations Security Council resolution, or that
is owned or controlled by a person designated under an
applicable Executive order or applicable United Nations Security
Council resolution;
``(13) knowingly, directly or indirectly, insures,
registers, facilitates the registration of, or maintains
insurance or a registration for, a vessel owned or controlled by
the Government of North Korea, except as specifically approved
by the United Nations Security Council;
``(14) knowingly, directly or indirectly, maintains a
correspondent account (as defined in section 201A(d)(1)) with
any North Korean financial institution, except as specifically
approved by the United Nations Security Council; or''; and
(4) in paragraph (15), as so redesignated, by striking
``(9)'' and inserting ``(14)''.
(b) Expansion of Additional Discretionary Designations.--
(1) In general.--Section 104(b)(1) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9214(b)(1)) is amended--
(A) in subparagraph (A), by striking ``pursuant to
an applicable United Nations Security Council
resolution;'' and inserting the following: ``pursuant
to--
``(i) an applicable United Nations Security
Council resolution;
``(ii) any regulation promulgated under
section 404; or
``(iii) any applicable Executive order;'';
[[Page 131 STAT. 943]]
(B) in subparagraph (B)(iii), by striking ``or'' at
the end;
(C) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(D) knowingly, directly or indirectly, purchased
or otherwise acquired from the Government of North Korea
significant quantities of coal, iron, or iron ore, in
excess of the limitations provided in applicable United
Nations Security Council resolutions;
``(E) knowingly, directly or indirectly, purchased
or otherwise acquired significant types or amounts of
textiles from the Government of North Korea;
``(F) knowingly facilitated a significant transfer
of funds or property of the Government of North Korea
that materially contributes to any violation of an
applicable United National Security Council resolution;
``(G) knowingly, directly or indirectly, facilitated
a significant transfer to or from the Government of
North Korea of bulk cash, precious metals, gemstones, or
other stores of value not described under subsection
(a)(10);
``(H) knowingly, directly or indirectly, sold,
transferred, or otherwise provided significant amounts
of crude oil, condensates, refined petroleum, other
types of petroleum or petroleum byproducts, liquified
natural gas, or other natural gas resources to the
Government of North Korea (except for heavy fuel oil,
gasoline, or diesel fuel for humanitarian use or as
excepted under subsection (a)(11));
``(I) knowingly, directly or indirectly, engaged in,
facilitated, or was responsible for the online
commercial activities of the Government of North Korea,
including online gambling;
``(J) knowingly, directly or indirectly, purchased
or otherwise acquired fishing rights from the Government
of North Korea;
``(K) knowingly, directly or indirectly, purchased
or otherwise acquired significant types or amounts of
food or agricultural products from the Government of
North Korea;
``(L) knowingly, directly or indirectly, engaged in,
facilitated, or was responsible for the exportation of
workers from North Korea in a manner intended to
generate significant revenue, directly or indirectly,
for use by the Government of North Korea or by the
Workers' Party of Korea;
``(M) knowingly conducted a significant transaction
or transactions in North Korea's transportation, mining,
energy, or financial services industries; or
``(N) except as specifically approved by the United
Nations Security Council, and other than through a
correspondent account as described in subsection
(a)(14), knowingly facilitated the operation of any
branch, subsidiary, or office of a North Korean
financial institution.''.
(2) <<NOTE: Applicability. 22 USC 9214 note.>> Effective
date.--The amendments made by paragraph (1) take effect on the
date of the enactment of this Act and apply with respect to
conduct described in subparagraphs (D) through (N) of section
104(b)(1) of the North Korea Sanctions
[[Page 131 STAT. 944]]
and Policy Enhancement Act of 2016, as added by paragraph (1),
engaged in on or after such date of enactment.
(c) Mandatory and Discretionary Asset Blocking.--Section 104(c) of
the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9214(c)) is amended--
(1) by striking ``of a designated person'' and inserting
``of a person designated under subsection (a)'';
(2) by striking ``The President'' and inserting the
following:
``(1) Mandatory asset blocking.--The President''; and
(3) by adding at the end the following new paragraph:
``(2) Discretionary asset blocking.--The President may also
exercise such powers, in the same manner and to the same extent
described in paragraph (1), with respect to a person designated
under subsection (b).''.
(d) Designation of Additional Persons.--
(1) <<NOTE: Deadline. President. Reports. Determination.>> In
general.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report including a
determination as to whether reasonable grounds exist, and an
explanation of the reasons for any determination that such
grounds do not exist, to designate, pursuant to section 104 of
the North Korea Sanctions and Policy Enhancement Act of 2016 (22
U.S.C. 9214), as amended by this section, each of the following:
(A) The Korea Shipowners' Protection and Indemnity
Association, a North Korean insurance company, with
respect to facilitating imports, exports, and reexports
of arms and related materiel to and from North Korea, or
for other activities prohibited by such section 104.
(B) Chinpo Shipping Company (Private) Limited, a
Singapore corporation, with respect to facilitating
imports, exports, and reexports of arms and related
materiel to and from North Korea.
(C) The Central Bank of the Democratic People's
Republic of Korea, with respect to the sale of gold to,
the receipt of gold from, or the import or export of
gold by the Government of North Korea.
(D) Kumgang Economic Development Corporation (KKG),
with respect to being an entity controlled by Bureau 39
of the Workers' Party of the Government of North Korea.
(E) <<NOTE: Sam Pa.>> Sam Pa, also known as Xu
Jinghua, Xu Songhua, Sa Muxu, Samo, Sampa, or Sam King,
and any entities owned or controlled by such individual,
with respect to transactions with KKG.
(F) The Chamber of Commerce of the Democratic
People's Republic of Korea, with respect to the
exportation of workers in violation of section 104(a)(5)
or of section 104(b)(1)(M) of such Act, as amended by
subsection (b) of this section.
(2) Form.--The report submitted under paragraph (1) may
contain a classified annex.
SEC. 312. <<NOTE: 22 USC 9221a.>> PROHIBITION ON INDIRECT
CORRESPONDENT ACCOUNTS.
(a) In General.--Title II of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by inserting
after section 201 the following new section:
[[Page 131 STAT. 945]]
``SEC. 201A. PROHIBITION ON INDIRECT CORRESPONDENT ACCOUNTS.
``(a) In General.--Except as provided in subsection (b), if a United
States financial institution has or obtains knowledge that a
correspondent account established, maintained, administered, or managed
by that institution for a foreign financial institution is being used by
the foreign financial institution to provide significant financial
services indirectly to any person, foreign government, or financial
institution designated under section 104, the United States financial
institution shall ensure that such correspondent account is no longer
used to provide such services.
``(b) Exception.--A United States financial institution is
authorized to process transfers of funds to or from North Korea, or for
the direct or indirect benefit of any person, foreign government, or
financial institution that is designated under section 104, only if the
transfer--
``(1) arises from, and is ordinarily incident and necessary
to give effect to, an underlying transaction that has been
authorized by a specific or general license issued by the
Secretary of the Treasury; and
``(2) does not involve debiting or crediting a North Korean
account.
``(c) Definitions.--In this section:
``(1) Correspondent account.--The term `correspondent
account' has the meaning given that term in section 5318A of
title 31, United States Code.
``(2) United states financial institution.--The term `United
States financial institution' means has the meaning given that
term in section 510.310 of title 31, Code of Federal
Regulations, as in effect on the date of the enactment of this
section.
``(3) Foreign financial institution.--The term `foreign
financial institution' has the meaning given that term in
section 1010.605 of title 31, Code of Federal Regulations, as in
effect on the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the North Korea Sanctions and Policy Enhancement Act of 2016 is amended
by inserting after the item relating to section 201 the following new
item:
``Sec. 201A. Prohibition on indirect correspondent accounts.''.
SEC. 313. LIMITATIONS ON FOREIGN ASSISTANCE TO NONCOMPLIANT
GOVERNMENTS.
Section 203 of the North Korea Sanctions and Policy Enhancement Act
of 2016 (22 U.S.C. 9223) is amended--
(1) in subsection (b)--
(A) in the heading, by striking ``Transactions in
Lethal Military Equipment'' and inserting ``Transactions
in Defense Articles or Defense Services'';
(B) <<NOTE: President. Determination.>> in paragraph
(1), by striking ``that provides lethal military
equipment to the Government of North Korea'' and
inserting ``that provides to or receives from the
Government of North Korea a defense article or defense
service, as such terms are defined in section 47 of the
Arms Export Control Act (22 U.S.C. 2794), if the
President determines that a significant type or amount
of such article or service has been so provided or
received''; and
[[Page 131 STAT. 946]]
(C) in paragraph (2), by striking ``1 year'' and
inserting ``2 years'';
(2) in subsection (d), by striking ``or emergency'' and
inserting ``maternal and child health, disease prevention and
response, or''; and
(3) by adding at the end the following new subsection:
``(e) Report on Arms Trafficking Involving North Korea.--
``(1) <<NOTE: Time period.>> In general.--Not later than 180
days after the date of the enactment of this subsection, and
annually thereafter for 5 years, the Secretary of State shall
submit to the appropriate congressional committees a report that
specifically describes the compliance of foreign countries and
other foreign jurisdictions with the requirement to curtail the
trade described in subsection (b)(1).
``(2) Form.--The report required under paragraph (1) shall
be submitted in unclassified form but may contain a classified
annex.''.
SEC. 314. AMENDMENTS TO ENHANCE INSPECTION AUTHORITIES.
Title II of the North Korea Sanctions and Policy Enhancement Act of
2016 (22 U.S.C. 9221 et seq.), as amended by section 102 of this Act, is
further amended by striking section 205 and inserting the following:
``SEC. 205. <<NOTE: 22 USC 9225.>> ENHANCED INSPECTION
AUTHORITIES.
``(a) Report Required.--
``(1) <<NOTE: President. Time period.>> In general.--Not
later than 180 days after the date of the enactment of this
section, and annually thereafter for 5 years, the President
shall submit to the appropriate congressional committees a
report--
``(A) identifying the operators of foreign sea ports
and airports that knowingly--
``(i) significantly fail to implement or
enforce regulations to inspect ships, aircraft,
cargo, or conveyances in transit to or from North
Korea, as required by applicable United Nations
Security Council resolutions;
``(ii) facilitate the transfer, transshipment,
or conveyance of significant types or quantities
of cargo, vessels, or aircraft owned or controlled
by persons designated under applicable United
Nations Security Council resolutions; or
``(iii) facilitate any of the activities
described in section 104(a);
``(B) describing the extent to which the
requirements of applicable United Nations Security
Council resolutions to de-register any vessel owned,
controlled, or operated by or on behalf of the
Government of North Korea have been implemented by other
foreign countries;
``(C) describing the compliance of the Islamic
Republic of Iran with the sanctions mandated in
applicable United Nations Security Council resolutions;
``(D) identifying vessels, aircraft, and conveyances
owned or controlled by the Reconnaissance General Bureau
of the Workers' Party of Korea; and
``(E) describing the diplomatic and enforcement
efforts by the President to secure the full
implementation of the applicable United Nations Security
Council resolutions, as described in subparagraphs (A)
through (C).
[[Page 131 STAT. 947]]
``(2) Form.--The report required under paragraph (1) shall
be submitted in unclassified form but may contain a classified
annex.
``(b) Specific Findings.--Each report required under subsection (a)
shall include specific findings with respect to the following ports and
airports:
``(1) <<NOTE: China.>> The ports of Dandong, Dalian, and any
other port in the People's Republic of China that the President
deems appropriate.
``(2) <<NOTE: Iran.>> The ports of Abadan, Bandar-e-Abbas,
Chabahar, Bandar-e-Khomeini, Bushehr Port, Asaluyeh Port, Kish,
Kharg Island, Bandar-e-Lenge, and Khorramshahr, and Tehran Imam
Khomeini International Airport, in the Islamic Republic of Iran.
``(3) <<NOTE: Russia.>> The ports of Nakhodka, Vanino, and
Vladivostok, in the Russian Federation.
``(4) <<NOTE: Syria.>> The ports of Latakia, Banias, and
Tartous, and Damascus International Airport, in the Syrian Arab
Republic.
``(c) Enhanced Security Targeting Requirements.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of Homeland Security may, using a layered approach,
require enhanced screening procedures to determine whether
physical inspections are warranted of any cargo bound for or
landed in the United States that--
``(A) has been transported through a sea port or
airport the operator of which has been identified by the
President in accordance with subsection (a)(1) as having
repeatedly failed to comply with applicable United
Nations Security Council resolutions;
``(B) <<NOTE: Time period.>> is aboard a vessel or
aircraft, or within a conveyance that has, within the
last 365 days, entered the territory or waters of North
Korea, or landed in any of the sea ports or airports of
North Korea; or
``(C) is registered by a country or jurisdiction
whose compliance has been identified by the President as
deficient pursuant to subsection (a)(2).
``(2) Exception for food, medicine, and humanitarian
shipments.--Paragraph (1) shall not apply to any vessel,
aircraft, or conveyance that has entered the territory or waters
of North Korea, or landed in any of the sea ports or airports of
North Korea, exclusively for the purposes described in section
208(b)(3)(B), or to import food, medicine, or supplies into
North Korea to meet the humanitarian needs of the North Korean
people.
``(d) Seizure and Forfeiture.--A vessel, aircraft, or conveyance
used to facilitate any of the activities described in section 104(a)
under the jurisdiction of the United States may be seized and forfeited,
or subject to forfeiture, under--
``(1) chapter 46 of title 18, United States Code; or
``(2) part V of title IV of the Tariff Act of 1930 (19
U.S.C. 1581 et seq.).''.
SEC. 315. ENFORCING COMPLIANCE WITH UNITED NATIONS SHIPPING
SANCTIONS AGAINST NORTH KOREA.
(a) In General.--The Ports and Waterways Safety Act (33 U.S.C. 1221
et seq.) is amended by adding at the end the following new section:
[[Page 131 STAT. 948]]
``SEC. 16. <<NOTE: 33 USC 1232c.>> PROHIBITION ON ENTRY AND
OPERATION.
``(a) Prohibition.--
``(1) In general.--Except as otherwise provided in this
section, no vessel described in subsection (b) may enter or
operate in the navigable waters of the United States or transfer
cargo in any port or place under the jurisdiction of the United
States.
``(2) <<NOTE: Determinations.>> Limitations on
application.--
``(A) In general.--The prohibition under paragraph
(1) shall not apply with respect to--
``(i) a vessel described in subsection (b)(1),
if the Secretary of State determines that--
``(I) the vessel is owned or
operated by or on behalf of a country
the government of which the Secretary of
State determines is closely cooperating
with the United States with respect to
implementing the applicable United
Nations Security Council resolutions (as
such term is defined in section 3 of the
North Korea Sanctions and Policy
Enhancement Act of 2016); or
``(II) it is in the national
security interest not to apply the
prohibition to such vessel; or
``(ii) a vessel described in subsection
(b)(2), if the Secretary of State determines that
the vessel is no longer registered as described in
that subsection.
``(B) <<NOTE: Deadline.>> Notice.--Not later than 15
days after making a determination under subparagraph
(A), the Secretary of State shall submit to the
Committee on Foreign Affairs and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Commerce, Science, and
Transportation of the Senate written notice of the
determination and the basis upon which the determination
was made.
``(C) <<NOTE: Notice. Federal Register,
publication.>> Publication.--The Secretary of State
shall publish a notice in the Federal Register of each
determination made under subparagraph (A).
``(b) Vessels Described.--A vessel referred to in subsection (a) is
a foreign vessel for which a notice of arrival is required to be filed
under section 4(a)(5), and that--
``(1) is on the most recent list of vessels published in
Federal Register under subsection (c)(2); or
`` <<NOTE: Time period.>> (2) more than 180 days after the
publication of such list, is knowingly registered, pursuant to
the 1958 Convention on the High Seas entered into force on
September 30, 1962, by a government the agents or
instrumentalities of which are maintaining a registration of a
vessel that is included on such list.
``(c) Information and Publication.--The Secretary of the department
in which the Coast Guard is operating, with the concurrence of the
Secretary of State, shall--
``(1) maintain timely information on the registrations of
all foreign vessels over 300 gross tons that are known to be--
``(A) owned or operated by or on behalf of the
Government of North Korea or a North Korean person;
``(B) owned or operated by or on behalf of any
country in which a sea port is located, the operator of
which the
[[Page 131 STAT. 949]]
President has identified in the most recent report
submitted under section 205(a)(1)(A) of the North Korea
Sanctions and Policy Enhancement Act of 2016; or
``(C) owned or operated by or on behalf of any
country identified by the President as a country that
has not complied with the applicable United Nations
Security Council resolutions (as such term is defined in
section 3 of such Act); and
``(2) <<NOTE: Deadline. Federal Register,
publication. Lists.>> not later than 180 days after the date of
the enactment of this section, and periodically thereafter,
publish in the Federal Register a list of the vessels described
in paragraph (1).
``(d) <<NOTE: Deadlines.>> Notification of Governments.--
``(1) In general.--The Secretary of State shall notify each
government, the agents or instrumentalities of which are
maintaining a registration of a foreign vessel that is included
on a list published under subsection (c)(2), not later than 30
days after such publication, that all vessels registered under
such government's authority are subject to subsection (a).
``(2) Additional notification.--In the case of a government
that continues to maintain a registration for a vessel that is
included on such list after receiving an initial notification
under paragraph (1), the Secretary shall issue an additional
notification to such government not later than 120 days after
the publication of a list under subsection (c)(2).
``(e) Notification of Vessels.--Upon receiving a notice of arrival
under section 4(a)(5) from a vessel described in subsection (b), the
Secretary of the department in which the Coast Guard is operating shall
notify the master of such vessel that the vessel may not enter or
operate in the navigable waters of the United States or transfer cargo
in any port or place under the jurisdiction of the United States,
unless--
``(1) <<NOTE: Determination.>> the Secretary of State has
made a determination under subsection (a)(2); or
``(2) the Secretary of the department in which the Coast
Guard is operating allows provisional entry of the vessel, or
transfer of cargo from the vessel, under subsection (f).
``(f) Provisional Entry or Cargo Transfer.--Notwithstanding any
other provision of this section, the Secretary of the department in
which the Coast Guard is operating may allow provisional entry of, or
transfer of cargo from, a vessel, if such entry or transfer is necessary
for the safety of the vessel or persons aboard.
``(g) Right of Innocent Passage and Right of Transit Passage.--This
section shall not be construed as authority to restrict the right of
innocent passage or the right of transit passage as recognized under
international law.
``(h) Foreign Vessel Defined.--In this section, the term `foreign
vessel' has the meaning given that term in section 110 of title 46,
United States Code.''.
(b) Conforming Amendments.--
(1) Special powers.--Section 4(b)(2) of the Ports and
Waterways Safety Act (33 U.S.C. 1223(b)(2)) is amended by
inserting ``or 16'' after ``section 9''.
(2) <<NOTE: 22 USC 9241 note.>> Denial of entry.--Section
13(e) of the Ports and Waterways Safety Act (33 U.S.C. 1232(e))
is amended by striking ``section 9'' and inserting ``section 9
or 16''.
[[Page 131 STAT. 950]]
SEC. 316. REPORT ON COOPERATION BETWEEN NORTH KOREA AND IRAN.
(a) <<NOTE: President. Time period.>> In General.--Not later than
180 days after the date of the enactment of this Act, and annually
thereafter for 5 years, the President shall submit to the appropriate
congressional committees and leadership a report that includes--
(1) <<NOTE: Assessment.>> an assessment of the extent of
cooperation (including through the transfer of goods, services,
technology, or intellectual property) between North Korea and
Iran relating to their respective nuclear, ballistic missile
development, chemical or biological weapons development, or
conventional weapons programs;
(2) the names of any Iranian or North Korean persons that
have knowingly engaged in or directed--
(A) the provision of material support to such
programs; or
(B) the exchange of information between North Korea
and Iran with respect to such programs;
(3) the names of any other foreign persons that have
facilitated the activities described in paragraph (1); and
(4) <<NOTE: Determination.>> a determination whether any of
the activities described in paragraphs (1) and (2) violate
United Nations Security Council Resolution 2231 (2015).
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees and Leadership Defined.--In
this section, the term ``appropriate congressional committees and
leadership'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
SEC. 317. REPORT ON IMPLEMENTATION OF UNITED NATIONS SECURITY
COUNCIL RESOLUTIONS BY OTHER GOVERNMENTS.
(a) <<NOTE: President. Time period.>> In General.--Not later than
180 days after the date of the enactment of this Act, and annually
thereafter for 5 years, the President shall submit to the appropriate
congressional committees and leadership a report that evaluates the
degree to which the governments of other countries have knowingly failed
to--
(1) close the representative offices of persons designated
under applicable United Nations Security Council resolutions;
(2) expel any North Korean nationals, including diplomats,
working on behalf of such persons;
(3) prohibit the opening of new branches, subsidiaries, or
representative offices of North Korean financial institutions
within the jurisdictions of such governments; or
(4) expel any representatives of North Korean financial
institutions.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees and Leadership Defined.--In
this section, the term ``appropriate congressional committees and
leadership'' means--
[[Page 131 STAT. 951]]
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
SEC. 318. BRIEFING ON MEASURES TO DENY SPECIALIZED FINANCIAL
MESSAGING SERVICES TO DESIGNATED NORTH
KOREAN FINANCIAL INSTITUTIONS.
(a) <<NOTE: Deadlines. Time period. President.>> In General.--Not
later than 180 days after the date of the enactment of this Act, and
every 180 days thereafter for 5 years, the President shall provide to
the appropriate congressional committees a briefing that includes the
following information:
(1) <<NOTE: Lists.>> A list of each person or foreign
government the President has identified that directly provides
specialized financial messaging services to, or enables or
facilitates direct or indirect access to such messaging services
for--
(A) any North Korean financial institution (as such
term is defined in section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9202)) designated under an applicable United Nations
Security Council resolution; or
(B) any other North Korean person, on behalf of such
a North Korean financial institution.
(2) <<NOTE: Assessment.>> A detailed assessment of the
status of efforts by the Secretary of the Treasury to work with
the relevant authorities in the home jurisdictions of such
specialized financial messaging providers to end such provision
or access.
(b) Form.--The briefing required under subsection (a) may be
classified.
Subtitle B--Sanctions With Respect to Human Rights Abuses by the
Government of North Korea
SEC. 321. SANCTIONS FOR FORCED LABOR AND SLAVERY OVERSEAS OF NORTH
KOREANS.
(a) Sanctions for Trafficking in Persons.--
(1) In general.--Section 302(b) of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)) is
amended--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) a list of foreign persons that knowingly employ North
Korean laborers, as described in section 104(b)(1)(M).''.
(2) <<NOTE: 22 USC 9241 note.>> Additional determinations;
reports.--With respect to any country identified in section
302(b)(2) of the North Korea Sanctions and Policy Enhancement
Act of 2016 (22 U.S.C. 9241(b)(2)), as amended by paragraph (1),
the report required under section 302(a) of such Act shall--
[[Page 131 STAT. 952]]
(A) include a determination whether each person
identified in section 302(b)(3) of such Act (as amended
by paragraph (1)) who is a national or a citizen of such
identified country meets the criteria for sanctions
under--
(i) section 111 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7108) (relating
to the prevention of trafficking in persons); or
(ii) section 104(a) or 104(b)(1) of the North
Korea Sanctions and Policy Enhancement Act of 2016
(22 U.S.C. 9214(a)), as amended by section 101 of
this Act;
(B) be included in the report required under section
110(b) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(b)) (relating to the annual report on
trafficking in persons); and
(C) be considered in any determination that the
government of such country has made serious and
sustained efforts to eliminate severe forms of
trafficking in persons, as such term is defined for
purposes of the Trafficking Victims Protection Act of
2000.
(b) Sanctions on Foreign Persons That Employ North Korean Labor.--
(1) In general.--Title III of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) is
amended by inserting after section 302 the following new
sections:
``SEC. 302A. <<NOTE: 22 USC 9241a.>> REBUTTABLE PRESUMPTION
APPLICABLE TO GOODS MADE WITH NORTH
KOREAN LABOR.
``(a) In General.--Except as provided in subsection (b), any
significant goods, wares, articles, and merchandise mined, produced, or
manufactured wholly or in part by the labor of North Korean nationals or
citizens shall be deemed to be prohibited under section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry
at any of the ports of the United States.
``(b) Exception.--The prohibition described in subsection (a) shall
not apply if the Commissioner of U.S. Customs and Border Protection
finds, by clear and convincing evidence, that the goods, wares,
articles, or merchandise described in such paragraph were not produced
with convict labor, forced labor, or indentured labor under penal
sanctions.
``SEC. 302B. <<NOTE: President. 22 USC 9241b.>> SANCTIONS ON
FOREIGN PERSONS EMPLOYING NORTH KOREAN
LABOR.
``(a) <<NOTE: Designation.>> In General.--Except as provided in
subsection (c), the President shall designate any person identified
under section 302(b)(3) for the imposition of sanctions under subsection
(b).
``(b) Imposition of Sanctions.--
``(1) In general.--The President shall impose the sanctions
described in paragraph (2) with respect to any person designated
under subsection (a).
``(2) Sanctions described.--The sanctions described in this
paragraph are sanctions pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to block and
prohibit all transactions in property and interests in property
of a person designated under subsection (a), if such property
and interests in property are in the United States, come
[[Page 131 STAT. 953]]
within the United States, or are or come within the possession
or control of a United States person.
``(c) Exception.--
``(1) <<NOTE: Certification.>> In general.--A person may not
be designated under subsection (a) if the President certifies to
the appropriate congressional committees that the President has
received reliable assurances from such person that--
``(A) the employment of North Korean laborers does
not result in the direct or indirect transfer of
convertible currency, luxury goods, or other stores of
value to the Government of North Korea;
``(B) all wages and benefits are provided directly
to the laborers, and are held, as applicable, in
accounts within the jurisdiction in which they reside in
locally denominated currency; and
``(C) the laborers are subject to working conditions
consistent with international standards.
``(2) <<NOTE: Deadlines.>> Recertification.--Not later than
180 days after the date on which the President transmits to the
appropriate congressional committees an initial certification
under paragraph (1), and every 180 days thereafter, the
President shall--
``(A) transmit a recertification stating that the
conditions described in such paragraph continue to be
met; or
``(B) <<NOTE: Effective date.>> if such
recertification cannot be transmitted, impose the
sanctions described in subsection (b) beginning on the
date on which the President determines that such
recertification cannot be transmitted.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the North Korea Sanctions and Policy Enhancement Act of
2016 is amended by inserting after the item relating to section
302 the following new items:
``Sec. 302A. Rebuttable presumption applicable to goods made with North
Korean labor.
``Sec. 302B. Sanctions on foreign persons employing North Korean
labor.''.
SEC. 322. MODIFICATIONS TO SANCTIONS SUSPENSION AND WAIVER
AUTHORITIES.
(a) Exemptions.--Section 208(a) of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9228(a)) is amended in the
matter preceding paragraph (1)--
(1) by inserting ``201A,'' after ``104,''; and
(2) by inserting ``302A, 302B,'' after ``209,''.
(b) Humanitarian Waiver.--Section 208(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(b)(1)) is
amended--
(1) by inserting ``201A,'' after ``104,'' in each place it
appears; and
(2) by inserting ``302A, 302B,'' after ``209(b),'' in each
place it appears.
(c) Waiver.--Section 208(c) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9228(c)) is amended in the matter
preceding paragraph (1)--
(1) by inserting ``201A,'' after ``104,''; and
(2) by inserting ``302A, 302B,'' after ``209(b),''.
[[Page 131 STAT. 954]]
SEC. 323. REWARD FOR INFORMANTS.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)), is amended--
(1) in paragraph (9), by striking ``or'' at the end;
(2) in paragraph (10), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(11) the identification or location of any person who,
while acting at the direction of or under the control of a
foreign government, aids or abets a violation of section 1030 of
title 18, United States Code; or
``(12) the disruption of financial mechanisms of any person
who has engaged in the conduct described in sections 104(a) or
104(b)(1) of the North Korea Sanctions and Policy Enhancement
Act of 2016 (22 U.S.C. 2914(a) or (b)(1)).''.
SEC. 324. DETERMINATION ON DESIGNATION OF NORTH KOREA AS A STATE
SPONSOR OF TERRORISM.
(a) Determination.--
(1) <<NOTE: Deadline.>> In general.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
State shall submit to the appropriate congressional committees a
determination whether North Korea meets the criteria for
designation as a state sponsor of terrorism.
(2) Form.--The determination required by paragraph (1) shall
be submitted in unclassified form but may include a classified
annex, if appropriate.
(b) State Sponsor of Terrorism Defined.--For purposes of this
section, the term ``state sponsor of terrorism'' means a country the
government of which the Secretary of State has determined, for purposes
of section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
4605(j)) (as in effect pursuant to the International Emergency Economic
Powers Act), section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C.
2780), or any other provision of law, is a government that has
repeatedly provided support for acts of international terrorism.
Subtitle C--General Authorities
SEC. 331. <<NOTE: 22 USC 9202 note.>> AUTHORITY TO CONSOLIDATE
REPORTS.
Any reports required to be submitted to the appropriate
congressional committees under this title or any amendment made by this
title that are subject to deadlines for submission consisting of similar
units of time may be consolidated into a single report that is submitted
to appropriate congressional committees pursuant to the earlier of such
deadlines. The consolidated reports must contain all information
required under this title or any amendment made by this title, in
addition to all other elements mandated by previous law.
SEC. 332. <<NOTE: 22 USC 9202 note.>> RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit--
(1) the authority or obligation of the President to apply
the sanctions described in section 104 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214),
as amended by section 311 of this Act, with regard
[[Page 131 STAT. 955]]
to persons who meet the criteria for designation under such
section, or in any other provision of law; or
(2) the authorities of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.).
SEC. 333. <<NOTE: President. Deadlines.>> REGULATORY AUTHORITY.
(a) In General.--The President shall, not later than 180 days after
the date of the enactment of this Act, promulgate regulations as
necessary for the implementation of this title and the amendments made
by this title.
(b) Notification to Congress.--Not fewer than 10 days before the
promulgation of a regulation under subsection (a), the President shall
notify and provide to the appropriate congressional committees the
proposed regulation, specifying the provisions of this title or the
amendments made by this title that the regulation is implementing.
SEC. 334. LIMITATION ON FUNDS.
No additional funds are authorized to carry out the requirements of
this title or of the amendments made by this title. Such requirements
shall be carried out using amounts otherwise authorized.
Approved August 2, 2017.
LEGISLATIVE HISTORY--H.R. 3364:
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CONGRESSIONAL RECORD, Vol. 163 (2017):
July 25, considered and passed House.
July 27, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
Aug. 2, Presidential statement.
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