[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5557 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5557
To impose sanctions against certain persons engaged in the
proliferation or use of foreign commercial spyware, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2023
Mr. Himes introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committees on the
Judiciary, and Financial Services, 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 impose sanctions against certain persons engaged in the
proliferation or use of foreign commercial spyware, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combatting Foreign Surveillance
Spyware Sanctions Act''.
SEC. 2. SANCTIONS FOR PROLIFERATION OR USE OF FOREIGN COMMERCIAL
SPYWARE.
(a) Policy.--It is the policy of the United States--
(1) to act decisively against counterintelligence threats
posed by foreign commercial spyware by degrading the ability of
companies selling foreign commercial spyware to provide their
services to users who act contrary to the national security or
foreign policy interests of the United States;
(2) to act decisively against the individuals who lead
entities selling foreign commercial spyware and who are
involved in activities contrary to the national security or
foreign policy interests of the United States; and
(3) to deter the use of foreign commercial spyware for
improper purposes, such as to--
(A) target and intimidate perceived opponents;
(B) curb dissent;
(C) limit freedoms of expression, peaceful
assembly, or association;
(D) enable other human rights abuses or suppression
of civil liberties; or
(E) track or target United States persons.
(b) Discretionary Sanctions.--In order to advance the policy
objectives under subsection (a), the President may impose the sanctions
described in subsection (c) with respect to--
(1) a covered entity the President determines to pose a
risk to the national security of the United States which
knowingly develops, maintains, owns, operates, brokers,
markets, sells, leases, licenses, or otherwise makes available
spyware that has enabled the targeting of United States
Government officials, or personnel of the intelligence
community;
(2) any foreign person who--
(A) is a current or former senior officer of an
entity described in paragraph (1); and
(B) knowingly engages in the sale of foreign
commercial spyware that allows for the targeting of
United States Government officials, or personnel of the
intelligence community; or
(3) any foreign person who--
(A) is an official of a foreign government or is
acting for or on behalf of such official; and
(B) knowingly engages in the targeting of United
States Government officials, or personnel of the
intelligence community through the use of foreign
commercial spyware.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President may exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50 U.S.C.
1701) shall not apply) to the extent necessary to block and
prohibit all transactions in property and interests in property
of a person determined by the President to be subject to
subsection (b) if such property and interests in property are
in the United States, come within the United States, or come
within the possession or control of a United States person.
(2) Inadmissibility to the united states and revocation of
visa or other documentation.--
(A) Ineligibility for visa, admission, or parole.--
In the case of a foreign person determined by the
President to be subject to subsection (b) who is an
individual, the foreign person is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visa revoked.--In the case of a foreign
person determined by the President to be subject to
subsection (b) who is an individual, the visa or other
entry documentation of the person shall be revoked,
regardless of when such visa or other entry
documentation is or was issued. A revocation under this
subparagraph shall take effect immediately and
automatically cancel any other valid visa or entry
documentation that is in the person's possession.
(C) Exception to comply with international
obligations.--Sanctions under this subsection shall not
apply with respect to a foreign person if admitting or
paroling the person into the United States is necessary
to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(d) Implementation; Penalties.--
(1) 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 subsection and shall issue such
regulations, licenses, and orders as are necessary to carry out
this subsection.
(2) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subsection or any regulation, license, or order issued to carry
out paragraph (1) shall be subject to the penalties provided
for 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) Intelligence and Law Enforcement Activities.--Sanctions under
this section shall not apply with respect to--
(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
(2) any authorized intelligence or law enforcement
activities of the United States.
(f) United States Government Activities.--Nothing in this Act may
be construed to prohibit transactions associated with the official
business of the Federal Government as carried out by employees,
grantees, or contractors.
(g) Humanitarian Activities.--The President may not impose
sanctions under this section with respect to any person for conducting
or facilitating a transaction for the sale of agricultural commodities,
food, medicine, or medical devices or for the provision of humanitarian
assistance.
(h) Exception Relating to Importation of Goods.--
(1) In general.--The authorities to impose sanctions
authorized under this section shall not include the authority
to impose sanctions on the importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural, or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment, and excluding technical data.
(i) International Financial Institutions.--The Secretary of the
Treasury may instruct the United States Executive Director at the
international financial institutions (as defined under section 1701(c)
of the International Financial Institutions Act) to use the voice and
vote of the United States to oppose financial assistance to a foreign
government that the Secretary finds has targeted United States
Government officials or personnel of the intelligence community with
foreign commercial spyware.
(j) Sunset.--The authority to impose a new sanction under
subsection (b) shall terminate on the date that is 7 years after the
date of the enactment of this Act.
(k) Definitions.--In this section:
(1) Foreign commercial spyware; foreign company; spyware;
covered entity.--The terms ``foreign commercial spyware'',
``foreign company'', ``spyware'', and ``covered entity'' have
the meanings given those terms in section 1102A of the National
Security Act of 1947 (50 U.S.C. 3231 et seq.).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) 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.
(4) 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;
(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;
or
(C) a person in the United States.
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