H.R. 5557

[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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