Sanctioning Russia, China, North Korea and Other Countries if They Interfere in Federal Elections (S. 2313)

What is S. 2313?

(Updated June 5, 2021)

This bill — known as the DETER Act — would punish foreign governments and their agents for interfering in U.S. elections by imposing sanctions. It establishes four “redlines” which would trigger retaliation if a foreign government or its agents: 1) Buy ads, including online ads, to influence an election; 2) Use social and traditional media to spread significant amounts of false information; 3) Hack and release or modify election and campaign infrastructure, including voter registration databases and campaign emails; or 4) Block or otherwise access to elections infrastructure, such as websites providing information on polling locations. It would also stipulate sanctions against Russia if it again meddles in a U.S. federal election, and require a plan for preventing such interference by China, Iran, North Korea, and any other country of significant concern.

If the Director of National Intelligence (DNI) determines that Russia once again interfered in an American federal election, this bill would require that a set of severe sanctions be implemented within 10 days of that determination. The sanctions would target major sectors of the Russian economy, including finance, energy, and metals and mining. Every senior Russian political figure or oligarch identified in the report required by the Countering America’s Adversaries Act would be blacklisted from entering the U.S. and have their assets frozen. The administration would also be required to work with the European Union to adopt a sanctions regime that broadens the impact.

Congress would also require the administration to produce deterrence strategies (including sanctions) for interference by China, Iran, North Korea, and other foreign governments of concern in U.S. elections within 90 days.

The bill’s full title is the Defending Elections from Threats by Establishing Redlines Act of 2018.

Argument in favor

If foreign governments like Russia, China, or North Korea meddle in U.S. elections they should face sanctions. This bill establishes clear “redlines” to deter specific types of interference and ensures that there will be retaliation if those lines are crossed for repeat offenders like Russia.

Argument opposed

Imposing sanctions on foreign governments can have major repercussions for diplomatic and economic stability, and essentially pre-imposing sanctions for certain types of election interference is misguided. Retaliation should be on a case-by-case basis.

Impact

Foreign governments that meddle in U.S. elections; Congress; and the administration.

Cost of S. 2313

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Chris Van Hollen (D-MD) introduced this bill to deter foreign governments from interfering in U.S. elections:

“Protecting the integrity of our elections is an issue that knows no party. And with the midterm elections less than a year away, we have no time to waste. The DETER Act sends an unequivocal message to Russia and any other foreign actor who may follow its example: if you attack us, the consequences will be severe.”

Original cosponsor Sen. Marco Rubio (R-FL) added:

“We cannot be a country where foreign intelligence agencies attempt to influence our political process without consequences. This bill will help to ensure the integrity of our electoral process by using key national security tools to dissuade foreign powers from meddling in our elections.”

Media:

• Original Cosponsor Sen. Marco Rubio (R-FL) Press Release
  
• Sens. Chris Van Hollen (D-MD) & Marco Rubio Op-Ed - Washington Post
  
• CNN
  
• The Hill
  
• McClatchy