I 115TH CONGRESS 2D SESSION H R 5576 To address state-sponsored cyber activities against the United States and for other purposes IN THE HOUSE OF REPRESENTATIVES APRIL 18 2018 Mr YOHO for himself Mr ROYCE of California Mr ENGEL Mr SHERMAN Mr LANGEVIN Mr CHABOT Mr POE of Texas Mr FITZPATRICK Mr MEADOWS and Mr CASTRO of Texas introduced the following bill which was referred to the Committee on Foreign Affairs and in addition to the Committees on Financial Services Oversight and Government Reform and the Judiciary for a period to be subsequently determined by the Speaker in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address state-sponsored cyber activities against the United States and for other purposes 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled 3 SECTION 1 SHORT TITLE 4 This Act may be cited as the ''Cyber Deterrence and lotter on DSKBCFDHB2PROD with BILLS 5 Response Act of 2018'' 6 SEC 2 FINDINGS 7 VerDate Sep 11 2014 03 40 Apr 26 2018 Congress finds the following Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 2 1 1 On February 13 2018 the Director of Na- 2 tional Intelligence stated in his testimony before the 3 Senate Select Committee on Intelligence that ''Rus- 4 sia China Iran and North Korea will pose the 5 greatest cyber threats to the United States during 6 the next year'' through the use of cyber operations 7 as low-cost tools of statecraft and assessed that 8 these states would ''work to use cyber operations to 9 achieve strategic objectives unless they face clear re- lotter on DSKBCFDHB2PROD with BILLS 10 percussions for their cyber operations'' 11 2 The 2017 Worldwide Threat Assessment of 12 the United States Intelligence Community stated 13 that ''The potential for surprise in the cyber realm 14 will increase in the next year and beyond as billions 15 more digital devices are connected--with relatively 16 little built-in security--and both nation states and 17 malign actors become more emboldened and better 18 equipped in the use of increasingly widespread cyber 19 toolkits The risk is growing that some adversaries 20 will conduct cyber attacks--such as data deletion or 21 localized and temporary disruptions of critical infra- 22 structure--against the United States in a crisis 23 short of war '' 24 3 On March 29 2017 President Donald J 25 Trump deemed it necessary to continue the national oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 lotter on DSKBCFDHB2PROD with BILLS 3 1 emergency declared in Executive Order 13694 as 2 ''Significant malicious cyber-enabled activities origi- 3 nating from or directed by persons located in whole 4 or in substantial part outside the United States 5 continue to pose an unusual and extraordinary 6 threat to the national security foreign policy and 7 economy of the United States '' 8 4 On January 5 2017 former Director of 9 National Intelligence James Clapper former Under- 10 secretary of Defense for Intelligence Marcel Lettre 11 and the Commander of the United States Cyber 12 Command Admiral Michael Rogers submitted joint 13 testimony to the Committee on Armed Services of 14 the Senate that stated ''As of late 2016 more than 15 30 nations are developing offensive cyber attack ca- 16 pabilities'' and that ''Protecting critical infrastruc- 17 ture such as crucial energy financial manufac- 18 turing transportation communication and health 19 systems will become an increasingly complex na- 20 tional security challenge '' 21 5 There is significant evidence that hackers 22 affiliated with foreign governments have conducted 23 cyber operations targeting companies and critical in- 24 frastructure sectors in the United States as the De- 25 partment of Justice has announced that-- oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 lotter on DSKBCFDHB2PROD with BILLS 4 1 A on March 24 2016 seven Iranians 2 working for Iran's Revolutionary Guard Corps- 3 affiliated entities were indicted for conducting 4 distributed denial of service attacks against the 5 financial sector in the United States from 2012 6 to 2013 and 7 B on May 19 2014 five Chinese military 8 hackers were charged for hacking United States 9 companies in the nuclear power metals and 10 solar products industries and engaging in eco- 11 nomic espionage 12 6 In May 2017 North Korea released 13 ''WannaCry'' pseudo-ransomware which posed a sig- 14 nificant risk to the economy national security and 15 the citizens of the United States and the world as 16 it resulted in the infection of over 300 000 computer 17 systems in more than 150 countries including in the 18 healthcare sector of the United Kingdom dem- 19 onstrating the global reach and cost of cyber-enabled 20 malicious activity 21 7 In June 2017 Russia carried out the most 22 destructive cyber-enabled operation in history re- 23 leasing the NotPetya malware that caused billions of 24 dollars' worth of damage within Ukraine and across 25 Europe Asia and the Americas oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 5 1 SEC 3 ACTIONS TO ADDRESS STATE-SPONSORED CYBER 2 3 ACTIVITIES AGAINST THE UNITED STATES a DESIGNATION lotter on DSKBCFDHB2PROD with BILLS 4 1 IN AS A CRITICAL CYBER THREAT -- GENERAL --The President 5 through the Secretary of State shall designate as a 6 critical cyber threat-- 7 A each foreign person and each agency 8 or instrumentality of a foreign state that the 9 President determines to be responsible for or 10 complicit in or have engaged in directly or in- 11 directly state-sponsored cyber activities that 12 are reasonably likely to result in or have con- 13 tributed to a significant threat to the national 14 security foreign policy or economic health or 15 financial stability of the United States and that 16 have the purpose or effect of-- 17 i causing a significant disruption to 18 the availability of a computer or network 19 of computers 20 ii harming or otherwise significantly 21 compromising the provision of service by a 22 computer or network of computers that 23 support one or more entities in a critical 24 infrastructure sector oHR 5576 IH VerDate Sep 11 2014 acting 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 lotter on DSKBCFDHB2PROD with BILLS 6 1 iii significantly compromising the 2 provision of services by one or more enti- 3 ties in a critical infrastructure sector 4 iv causing a significant misappro- 5 priation of funds or economic resources 6 trade secrets personal identifiers or finan- 7 cial information for commercial or competi- 8 tive advantage or private financial gain 9 v destabilizing the financial sector of 10 the United States by tampering with alter- 11 ing or causing a misappropriation of data 12 or 13 vi interfering with or undermining 14 election processes or institutions by tam- 15 pering with altering or causing misappro- 16 priation of data 17 B each foreign person that the President 18 has determined to have knowingly materially as- 19 sisted sponsored or provided financial mate- 20 rial or technological support for or goods or 21 services to or in support of any activities de- 22 scribed in subparagraph A by a foreign person 23 or agency or instrumentality of a foreign state 24 designated as a critical cyber threat under sub- 25 paragraph A oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 7 1 C each agency or instrumentality of a 2 foreign state that the President has determined 3 to have materially assisted sponsored or pro- 4 vided financial material or technological sup- 5 port for or goods or services to or in support 6 of any activities described in subparagraph A 7 by a foreign person or agency or instrumen- 8 tality of a foreign state designated as a critical 9 cyber threat under subparagraph A 10 D each foreign person that the President 11 has determined to have attempted to engage in 12 any of the activities described in subparagraph 13 A or B or 14 E each agency or instrumentality of a 15 foreign state that the President has determined 16 to have attempted to engage in any of the ac- 17 tivities described in subparagraph A or C 18 2 PUBLICATION lotter on DSKBCFDHB2PROD with BILLS 19 IN FEDERAL REGISTER --The President shall-- 20 A publish in the Federal Register a list 21 of each foreign person and each agency or in- 22 strumentality of a foreign state designated as a 23 critical cyber threat under this subsection and oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 8 1 B regularly update such list not later 2 than seven days after making any changes to 3 the list 4 b NON-TRAVEL-RELATED SANCTIONS -- 5 1 IN President shall impose 6 one or more of the applicable sanctions described in 7 paragraph 2 with respect to each foreign person 8 and each agency or instrumentality of a foreign 9 state designated as a critical cyber threat under sub- 10 section a 11 12 lotter on DSKBCFDHB2PROD with BILLS GENERAL --The 2 SANCTIONS DESCRIBED --The sanctions de- scribed in this paragraph are the following 13 A The President may provide for the 14 withdrawal limitation or suspension of non-hu- 15 manitarian United States development assist- 16 ance under chapter 1 of part I of the Foreign 17 Assistance Act of 1961 18 B The President may provide for the 19 withdrawal limitation or suspension of United 20 States security assistance under part II of the 21 Foreign Assistance Act of 1961 22 C The President may direct the United 23 States executive director to each international 24 financial institution to use the voice and vote of 25 the United States to oppose any loan from the oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 lotter on DSKBCFDHB2PROD with BILLS 9 1 international financial institution that would 2 benefit the designated foreign person or the 3 designated agency or instrumentality of a for- 4 eign state 5 D The President may direct the Export- 6 Import Bank of the United States the Overseas 7 Private Investment Corporation or any other 8 United States Government agency not to ap- 9 prove the issuance of any or a specified num- 10 ber of guarantees insurance extensions of 11 credit or participations in the extension of 12 credit 13 E The President may pursuant to such 14 regulations or guidelines as the President may 15 prescribe prohibit any United States person 16 from investing in or purchasing significant 17 amounts of equity or debt instruments of the 18 designated foreign person or the designated 19 agency or instrumentality of a foreign state 20 F The President may pursuant to such 21 regulations or guidelines as the President may 22 prescribe prohibit any United States agency or 23 instrumentality from procuring or entering into 24 any contract for the procurement of any goods 25 technology or services or classes of goods oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 10 1 technology or services from the designated for- 2 eign person or the designated agency or instru- 3 mentality of a foreign state 4 G The President may order the heads of 5 the appropriate United States agencies to not 6 issue any or a specified number of specific li- 7 censes and to not grant any other specific au- 8 thority or a specified number of authorities to 9 export any goods or technology to the des- 10 ignated foreign person or the designated agency 11 or instrumentality of a foreign state under-- 12 i the Export Administration Act of 13 1979 as continued in effect pursuant the 14 International Emergency Economic Powers 15 Act 16 ii the Arms Export Control Act 17 iii the Atomic Energy Act of 1954 lotter on DSKBCFDHB2PROD with BILLS 18 or 19 iv any other statute that requires 20 the prior review and approval of the 21 United States Government as a condition 22 for the export or re-export of goods or 23 services 24 H i The President may exercise all of 25 the powers granted to the President under the oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 lotter on DSKBCFDHB2PROD with BILLS 11 1 International Emergency Economic Powers Act 2 50 U S C 1701 et seq except that the re- 3 quirements of section 202 of such Act 50 4 U S C 1701 shall not apply to the extent nec- 5 essary to block and prohibit all transactions in 6 property and interests in property of the des- 7 ignated foreign person if such property and in- 8 terests in property are in the United States 9 come within the United States or are or come 10 within the possession or control of a United 11 States person 12 ii The penalties provided for in sub- 13 sections b and c of section 206 of the Inter- 14 national Emergency Economic Powers Act 50 15 U S C 1705 shall apply to a person that vio- 16 lates attempts to violate conspires to violate 17 or causes a violation of regulations prescribed 18 under clause i to the same extent that such 19 penalties apply to a person that commits an un- 20 lawful act described in subsection a of such 21 section 206 22 I The President may pursuant to such 23 regulations as the President may prescribe pro- 24 hibit any transfers of credit or payments be- 25 tween one or more financial institutions or by oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 12 1 through or to any financial institution to the 2 extent that such transfers or payments are sub- 3 ject to the jurisdiction of the United States and 4 involve any interest of the designated foreign 5 person 6 c TRAVEL-RELATED SANCTIONS -- 7 1 ALIENS 8 OR PAROLE --An 9 ical cyber threat under subsection a is-- alien who is designated as a crit- 10 A inadmissible to the United States 11 B ineligible to receive a visa or other doc- 12 lotter on DSKBCFDHB2PROD with BILLS INELIGIBLE FOR VISAS ADMISSION umentation to enter the United States and 13 C otherwise ineligible to be admitted or 14 paroled into the United States or to receive any 15 other benefit under the Immigration and Na- 16 tionality Act 8 U S C 1101 et seq 17 2 CURRENT VISAS REVOKED --The 18 consular officer the Secretary of State or the Sec- 19 retary of Homeland Security or a designee of either 20 such Secretaries shall revoke any visa or other 21 entry documentation issued to the foreign person 22 designated as a critical cyber threat under sub- 23 section a regardless of when issued A revocation 24 under this clause shall take effect immediately and 25 shall automatically cancel any other valid visa or oHR 5576 IH VerDate Sep 11 2014 issuing 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 13 1 entry documentation that is in the possession of 2 such foreign person 3 d ADDITIONAL SANCTIONS WITH RESPECT TO 4 FOREIGN STATES -- 5 1 IN President may impose 6 any of the sanctions described in paragraph 2 with 7 respect to the government of each foreign state that 8 the President has determined aided abetted or di- 9 rected a foreign person or agency or instrumentality 10 of a foreign state designated as a critical cyber 11 threat under subsection a 12 13 lotter on DSKBCFDHB2PROD with BILLS GENERAL --The 2 SANCTIONS DESCRIBED --The sanctions re- ferred to in paragraph 1 are the following 14 A The President may provide for the 15 withdrawal limitation or suspension of non-hu- 16 manitarian 17 United States development assistance under 18 chapter 1 of part I of the Foreign Assistance 19 Act of 1961 or non-trade-related 20 B The President may provide for the 21 withdrawal limitation or suspension of United 22 States security assistance under part II of the 23 Foreign Assistance Act of 1961 24 C The President may instruct the United 25 States Executive Director to each appropriate oHR 5576 IH VerDate Sep 11 2014 assistance 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 lotter on DSKBCFDHB2PROD with BILLS 14 1 international financial institution to oppose and 2 vote against the extension by such institution of 3 any loan or financial or technical assistance to 4 the government of the foreign state 5 D No item on the United States Muni- 6 tions List established pursuant to section 38 of 7 the Arms Export Control Act 22 U S C 8 2778 or the Commerce Control List set forth 9 in Supplement No 1 to part 774 of title 15 10 Code of Federal Regulations may be exported 11 to the government of the foreign state 12 E The President may pursuant to such 13 regulations as the President may prescribe pro- 14 hibit any transactions in foreign exchange that 15 are subject to the jurisdiction of the United 16 States and in which the government of the for- 17 eign state has any interest 18 F The President may pursuant to such 19 regulations as the President may prescribe pro- 20 hibit any transfers of credit or payments be- 21 tween one or more financial institutions or by 22 through or to any financial institution to the 23 extent that such transfers or payments are sub- 24 ject to the jurisdiction of the United States and oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 15 1 involve any interest of the government of the 2 foreign state 3 e EXEMPTIONS WAIVERS REMOVALS OF EXEMPTIONS --The fol- AND 4 SANCTIONS AND DESIGNATIONS -- 5 1 EXEMPTIONS -- lotter on DSKBCFDHB2PROD with BILLS 6 A MANDATORY 7 lowing activities shall be exempt from sanctions 8 under subsections b c and d 9 i Activities subject to the reporting 10 requirements of title V of the National Se- 11 curity Act of 1947 50 U S C 413 et seq 12 or to any authorized intelligence activities 13 of the United States 14 ii Any transaction necessary to com- 15 ply with United States obligations under 16 the Agreement between the United Nations 17 and the United States of America regard- 18 ing the Headquarters of the United Na- 19 tions signed June 26 1947 and entered 20 into force on November 21 1947 or under 21 the Vienna Convention on Consular Rela- 22 tions signed April 24 1963 and entered 23 into force on March 19 1967 or under 24 other international agreements oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 16 1 2 WAIVER --The President may waive on a 2 case-by-case basis the imposition of sanctions for a 3 period of not more than one year and may renew 4 that waiver for additional periods of not more than 5 one year any sanction or penalty under this section 6 if the President submits to the appropriate congres- 7 sional committees a written determination that the 8 waiver meets one or more of the following require- 9 ments 10 A The waiver is important to the eco- 11 nomic or national security interests of the 12 United States 13 B The waiver will further the enforce- 14 ment of this Act or is for an important law en- 15 forcement purpose lotter on DSKBCFDHB2PROD with BILLS 16 C The waiver is for an important human- 17 itarian purpose 18 3 REMOVALS OF SANCTIONS AND DESIGNA- 19 TIONS --The 20 ulations for the removal of sanctions under sub- 21 sections b c and d and the removal of designa- 22 tions under subsection a if the President deter- 23 mines that a foreign person agency or instrumen- 24 tality of a foreign state or government of a foreign 25 state subject to such sanctions as the case may be President may prescribe rules and reg- oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 17 1 has verifiably ceased its participation in any of the 2 conduct with respect to which the foreign person 3 agency or instrumentality of a foreign state or gov- 4 ernment of a foreign state as the case may be was 5 subject to sanctions under this section and has given 6 assurances that it will no longer participate in such 7 conduct 8 9 4 EXCEPTION TIONS HEADQUARTERS AGREEMENT --Sanctions 10 under subsection c shall not apply to a foreign per- 11 son if admitting the foreign person into the United 12 States is necessary to permit the United States to 13 comply with the Agreement regarding the Head- 14 quarters of the United Nations signed at Lake Suc- 15 cess June 26 1947 and entered into force Novem- 16 ber 21 1947 between the United Nations and the 17 United States or other applicable international obli- 18 gations 19 f BRIEFING TO CONGRESS -- 20 lotter on DSKBCFDHB2PROD with BILLS TO COMPLY WITH UNITED NA- 1 IN GENERAL --Not later than 180 days 21 after the date of the enactment of this section and 22 periodically thereafter the President shall provide to 23 the appropriate congressional committees a briefing 24 on state-sponsored cyber activities against the 25 United States oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 18 lotter on DSKBCFDHB2PROD with BILLS 1 2 MATTERS TO BE INCLUDED --The 2 required by paragraph 1 shall include the fol- 3 lowing to the extent the information is available 4 A A list of foreign states that continue to 5 aid abet or direct any foreign person or agency 6 or instrumentality of a foreign state to carry 7 out state-sponsored cyber activities against the 8 United States including-- 9 i a list of entities within the United 10 States critical infrastructure that are be- 11 lieved to have been or are currently still 12 subject to state-sponsored cyber activities 13 by each such foreign state and 14 ii a list of such foreign persons and 15 agencies and instrumentalities of foreign 16 states that the President has reason to be- 17 lieve are engaging or have engaged in 18 state-sponsored cyber activities against the 19 United States but are not currently des- 20 ignated under subsection b 21 B A list of the foreign persons and agen- 22 cies and instrumentalities of foreign states with 23 respect to which the imposition of sanctions 24 were waived or removed under subsection f oHR 5576 IH VerDate Sep 11 2014 briefing 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 19 1 C A summary of any efforts made by the 2 Government of the United States to resolve and 3 bring an immediate end to state-sponsored 4 cyber activities against the United States that 5 could result in the designation as a critical 6 cyber threat under subsection a 7 g DEFINITIONS --In this section 8 1 ADMITTED terms ''admitted'' 9 and ''alien'' have the meanings given such terms in 10 section 101 of the Immigration and Nationality Act 11 8 U S C 1101 12 lotter on DSKBCFDHB2PROD with BILLS ALIEN --The 2 APPROPRIATE 13 TEES --The 14 mittees'' means-- CONGRESSIONAL term ''appropriate congressional com- 15 A the Committee on Foreign Affairs the 16 Committee on Financial Services the Com- 17 mittee on the Judiciary the Committee on 18 Oversight and Government Reform and the 19 Committee on Homeland Security of the House 20 of Representatives and 21 B the Committee on Foreign Relations 22 the Committee on Banking Housing and 23 Urban Affairs the Committee on the Judiciary 24 and the Committee on Homeland Security and 25 Governmental Affairs of the Senate oHR 5576 IH VerDate Sep 11 2014 COMMIT- 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 20 1 3 AGENCY 2 EIGN STATE --The 3 of a foreign state'' has the meaning given such term 4 in section 1603 b of title 28 United States Code 5 4 CRITICAL term ''agency or instrumentality INFRASTRUCTURE SECTOR --The 6 term ''critical infrastructure sector'' means any of 7 the designated critical infrastructure sectors identi- 8 fied in the Presidential Policy Directive entitled 9 ''Critical Infrastructure Security and Resilience'' 10 numbered 21 and dated February 12 2013 11 12 5 FOREIGN PERSON --The term ''foreign per- son'' means-- 13 A an individual who is not a United 14 States citizen or an alien lawfully admitted for 15 permanent residence to the United States or 16 lotter on DSKBCFDHB2PROD with BILLS OR INSTRUMENTALITY OF A FOR- B an entity that is not a United States 17 person 18 6 FOREIGN STATE --The term ''foreign state'' 19 has the meaning given such term in section 1603 a 20 of title 28 United States Code 21 7 KNOWINGLY --The term ''knowingly'' with 22 respect to conduct a circumstance or a result 23 means that a person has actual knowledge or should 24 have known of the conduct the circumstance or the 25 result oHR 5576 IH VerDate Sep 11 2014 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E BILLS H5576 IH H5576 21 1 8 MISAPPROPRIATION --The term ''misappro- 2 priation'' means taking or obtaining by improper 3 means without permission or consent or under false 4 pretenses 5 9 STATE-SPONSORED CYBER ACTIVITIES -- 6 The term ''state-sponsored cyber activities'' means 7 any cyber-enabled activities that-- 8 A are carried out by an agency or instru- 9 mentality of a foreign state or 10 B are carried out by a foreign person 11 that is aided abetted or directed by a foreign 12 state or an agency or instrumentality of a for- 13 eign state 14 10 UNITED 15 STATES PERSON --The ''United States person'' means-- 16 A a United States citizen or an alien law- 17 fully admitted for permanent residence to the 18 United States or 19 B an entity organized under the laws of 20 the United States or of any jurisdiction within 21 the United States including a foreign branch of 22 such an entity lotter on DSKBCFDHB2PROD with BILLS AE oHR 5576 IH VerDate Sep 11 2014 term 03 40 Apr 26 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6301 E BILLS H5576 IH H5576 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu