I 

114TH CONGRESS 

2D SESSION H. R. 6533 

To expose and deter unlawful and subversive foreign interference in elections 

for Federal office, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2016 

Mr. ENGEL (for himself, Mr. CONNOLLY, Mr. SHERMAN, Mr. MEEKS, Mr. 

SIRES, Mr. DEUTCH, Mr. HIGGINS, Ms. BASS, Mr. KEATING, Mr. 

CICILLINE, Mr. GRAYSON, Mr. BERA, Mr. LOWENTHAL, Ms. MENG, Ms. 

FRANKEL of Florida, Ms. GABBARD, Mr. CASTRO of Texas, Ms. KELLY

of Illinois, and Mr. BRENDAN F. BOYLE of Pennsylvania) 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 expose and deter unlawful and subversive foreign interference in elections for Federal office, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect American De5 mocracy Act of 2016’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

4 and ‘‘alien’’ have the meanings given such terms in 

5 section 101 of the Immigration and Nationality Act 

6 (8 U.S.C. 1101). 

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means— 

10 (A) in the House of Representatives— 

11 (i) the Committee on Foreign Affairs; 

12 (ii) the Committee on Homeland Se13 curity; 

14 (iii) the Committee on Financial Serv15 ices; 

16 (iv) the Committee on the Judiciary; 

17 and 

18 (v) the Permanent Select Committee 

19 on Intelligence; and 

20 (B) in the Senate— 

21 (i) the Committee on Foreign Rela22 tions; 

23 (ii) the Committee on Homeland Se24 curity and Governmental Affairs; 

25 (iii) the Committee on Banking, 

26 Housing, and Urban Affairs; 


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1 (iv) the Committee on the Judiciary; 

2 and 

3 (v) the Select Committee on Intel4 ligence. 

5 (3) FINANCIAL INSTITUTION.—The term ‘‘fi6 nancial institution’’ has the meaning given such 

7 term in section 5312 of title 31, United States Code. 

8 (4) FOREIGN PERSON.—The term ‘‘foreign per9 son’’ means— 

10 (A) a natural person who is not a United 

11 States person under paragraph (5)(A); or 

12 (B) a foreign entity or foreign government. 

13 (5) UNITED STATES PERSON.—The term 

14 ‘‘United States person’’ means— 

15 (A) a United States citizen or an alien law16 fully admitted for permanent residence to the 

17 United States; or 

18 (B) an entity organized under the laws of 

19 the United States or of any jurisdiction within 

20 the United States, including a foreign branch of 

21 such an entity. 


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1 SEC. 3. IDENTIFICATION OF FOREIGN PERSONS RESPON2 SIBLE FOR ACTIONS TO UNLAWFULLY AC3 CESS, DISRUPT, INFLUENCE, OR IN ANY WAY 

4 ALTER INFORMATION OR INFORMATION SYS5 TEMS RELATED TO UNITED STATES POLIT6 ICAL PARTIES OR ELECTIONS FOR FEDERAL 

7 OFFICE. 

8 (a) IN GENERAL.—Not later than 120 days after the 

9 date of the enactment of this Act, the Secretary of State 

10 shall submit to the appropriate congressional committees 

11 a list of each foreign person that the Secretary deter12 mines— 

13 (1) was, at any time since January 1, 2015, in14 volved in actions to unlawfully access, disrupt, influ15 ence, or in any way alter information or information 

16 systems related to United States political parties, 

17 candidates in elections for Federal office, or the ad18 ministration of elections for Federal office; or 

19 (2) acted as an agent of or on behalf of such 

20 a foreign person in a matter relating to an activity 

21 described in paragraph (1). 

22 (b) UPDATES.—The Secretary of State shall submit 

23 to the appropriate congressional committees an update of 

24 the list required under subsection (a) as new information 

25 becomes available. 

26 (c) FORM.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the list required under subsection (a) 

3 shall be submitted in unclassified form. 

4 (2) EXCEPTION.—The name of a foreign person 

5 to be included in the list required under subsection 

6 (a) may be submitted in a classified annex only if 

7 the Secretary of State— 

8 (A) determines that it is in the national se9 curity interests of the United States to do so; 

10 and 

11 (B) 15 days prior to submitting any such 

12 name in such a classified annex, provides to the 

13 appropriate congressional committees notice of, 

14 and a justification for, including or continuing 

15 to include any such foreign person in any such 

16 classified annex despite any publicly available 

17 information indicating that such foreign person 

18 is described in paragraph (1) or (2) of such 

19 subsection. 

20 (3) PUBLIC AVAILABILITY; NONAPPLICABILITY

21 OF CONFIDENTIALITY REQUIREMENT WITH RESPECT

22 TO VISA RECORDS.—The unclassified portion of the 

23 list required under subsection (a) shall be made 

24 available to the public and published in the Federal 

25 Register, without regard to the requirements of secVerDate Sep 11 2014 21:49 Dec 20, 2016 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6533.IH H6533

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1 tion 222(f) of the Immigration and Nationality Act 

2 (8 U.S.C. 1202(f)) with respect to confidentiality of 

3 records pertaining to the issuance or refusal of visas 

4 or permits to enter the United States. 

5 SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS. 

6 (a) INELIGIBILITY FOR VISAS.—An alien is ineligible 

7 to receive a visa to enter the United States and ineligible 

8 to be admitted to the United States if such alien is a for9 eign person on the list required under section 3(a). 

10 (b) CURRENT VISAS REVOKED.—The Secretary of 

11 State shall revoke, in accordance with section 221(i) of 

12 the Immigration and Nationality Act (8 U.S.C. 1201(i)), 

13 the visa or other documentation of any alien who is a for14 eign person on the list required under section 3(a) and 

15 who would therefore be ineligible to receive such a visa 

16 or documentation under subsection (a) of this section. 

17 (c) APPLICABILITY TO FOREIGN ENTITIES AND FOR18 EIGN GOVERNMENTS.—Subsections (a) and (b) of this 

19 section shall apply to aliens who are officials of, working 

20 or acting on behalf of, or otherwise associated with a for21 eign entity or foreign government that is a foreign person 

22 included on the list required under section 3(a) if such 

23 aliens are determined by the Secretary of State to have 

24 authorized or otherwise knowingly furthered the actions 

25 described in such section 3(a). 


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1 (d) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

2 (1) IN GENERAL.—The Secretary of State may 

3 waive the application of subsection (a) or (b) in the 

4 case of an alien if— 

5 (A) the Secretary determines that such a 

6 waiver— 

7 (i) is necessary to permit the United 

8 States to comply with the Agreement be9 tween the United Nations and the United 

10 States of America regarding the Head11 quarters of the United Nations, signed 

12 June 26, 1947, and entered into force No13 vember 21, 1947, or other applicable inter14 national obligations of the United States; 

15 or 

16 (ii) is in the national security interests 

17 of the United States; and 

18 (B) prior to granting such a waiver, the 

19 Secretary provides to the appropriate congres20 sional committees notice of, and a justification 

21 for, such waiver. 

22 (2) TIMING FOR CERTAIN WAIVERS.—Notifica23 tion under subparagraph (B) of paragraph (1) shall 

24 be made not later than 15 days prior to granting a 

25 waiver under such paragraph if the Secretary of 


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1 State grants such waiver in the national security in2 terests of the United States in accordance with sub3 paragraph (A)(ii) of such paragraph. 

4 (e) REGULATORY AUTHORITY.—The Secretary of 

5 State shall prescribe such regulations as are necessary to 

6 carry out this section. 

7 SEC. 5. FINANCIAL MEASURES. 

8 (a) FREEZING OF ASSETS.— 

9 (1) IN GENERAL.—The President, acting 

10 through the Secretary of the Treasury, shall exercise 

11 all powers granted by the International Emergency 

12 Economic Powers Act (50 U.S.C. 1701 et seq.) (ex13 cept that the requirements of section 202 of such 

14 Act (50 U.S.C. 1701) shall not apply) to the extent 

15 necessary to freeze and prohibit all transactions in 

16 all property and interests in property of a foreign 

17 person that is on the list required under section 3(a) 

18 of this Act if such property or interests in property 

19 are in the United States, come within the United 

20 States, or are or come within the possession or con21 trol of a United States person. 

22 (2) APPLICABILITY TO FOREIGN ENTITIES AND

23 FOREIGN GOVERNMENTS.—Paragraph (1) shall 

24 apply to aliens who are officials of, working or act25 ing on behalf of, or otherwise associated with a forVerDate Sep 11 2014 21:49 Dec 20, 2016 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6533.IH H6533

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1 eign entity or foreign government that is a foreign 

2 person included on the list required under section 

3 3(a) if such aliens are determined by the President, 

4 acting through the Secretary of the Treasury, to 

5 have authorized or otherwise knowingly furthered 

6 the actions described in such section 3(a). 

7 (b) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

8 The Secretary of the Treasury may waive the application 

9 of subsection (a) if the Secretary determines that such a 

10 waiver is in the national security interests of the United 

11 States. Not less than 15 days prior to granting such a 

12 waiver, the Secretary shall provide to the appropriate con13 gressional committees notice of, and a justification for, 

14 such waiver. 

15 (c) ENFORCEMENT.— 

16 (1) PENALTIES.—A foreign person that vio17 lates, attempts to violate, conspires to violate, or 

18 causes a violation of this section or any regulation, 

19 license, or order issued to carry out this section shall 

20 be subject to the penalties specified in subsections 

21 (b) and (c) of section 206 of the International 

22 Emergency Economic Powers Act (50 U.S.C. 1705) 

23 to the same extent as a person that commits an un24 lawful act described in subsection (a) of such sec25 tion. 


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1 (2) APPLICABILITY TO FOREIGN ENTITIES AND

2 FOREIGN GOVERNMENTS.—Paragraph (1) shall 

3 apply to aliens who are officials of, working or act4 ing on behalf of, or otherwise associated with a for5 eign entity or foreign government that is a foreign 

6 person included on the list required under section 

7 3(a) if such aliens are determined by the President, 

8 acting through the Secretary of the Treasury, to 

9 have authorized or otherwise knowingly furthered 

10 the actions described in such section 3(a). 

11 (3) REQUIREMENTS FOR FINANCIAL INSTITU12 TIONS.—Not later than 120 days after the date of 

13 the enactment of this Act, the President, acting 

14 through the Secretary of the Treasury, shall pre15 scribe or amend regulations as needed to require 

16 each financial institution that is a United States 

17 person and has within its possession or control as18 sets that are property or interests in property of a 

19 foreign person that is on the list required under sec20 tion 3(a) if such property or interests in property 

21 are in the United States, come within the United 

22 States, or come within the possession or control of 

23 a United States person to certify to the Secretary 

24 that, to the best of the knowledge of such financial 

25 institution, such financial institution has frozen all 


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1 assets within the possession or control of such finan2 cial institution that are required to be frozen pursu3 ant to subsection (a). 

4 (d) REGULATORY AUTHORITY.—The President, act5 ing through the Secretary of the Treasury, shall issue such 

6 regulations, licenses, and orders as are necessary to carry 

7 out this section. 

8 SEC. 6. REPORTS TO CONGRESS. 

9 (a) IN GENERAL.—The Secretary of State, in con10 sultation with the heads of other relevant Federal agen11 cies, shall submit to the appropriate congressional commit12 tees a report on the actions taken to carry out this Act, 

13 including— 

14 (1) a description of each foreign person on the 

15 list required under section 3(a); 

16 (2) the dates on which such foreign persons 

17 were added to such list; and 

18 (3) a description of the actions described in 

19 such section that were undertaken by each such for20 eign person. 

21 (b) TIMING.—The Secretary of State shall submit the 

22 first report required under this section not later than one 

23 year after the date of the enactment of this Act. The Sec24 retary shall submit subsequent reports under this section 

25 not later than 60 days after the date of each regularly 


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1 scheduled general election for Federal office, beginning 

2 with the election held in 2018. 

3 (c) FORM.—Each report required under subsection 

4 (a) shall be submitted in unclassified form, but may in5 clude a classified annex if such is in the national security 

6 interests of the United States. If a classified annex is in7 cluded in any such report, the Secretary of State shall in8 clude in such report a specific national security justifica9 tion for such classified annex. 

Æ 


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