I 

118TH CONGRESS 

1ST SESSION H. R. 5522 

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 18, 2023 

Mr. HIMES introduced the following bill; which was referred to the Committee 

on Foreign Affairs, and in addition to the Committee on 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 impose sanctions against certain persons engaged in the 

proliferation or use of foreign commercial spyware, 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 ‘‘Combatting Foreign 

5 Surveillance Spyware Sanctions Act’’. 

6 SEC. 2. SANCTIONS FOR PROLIFERATION OR USE OF FOR7 EIGN COMMERCIAL SPYWARE. 

8 (a) POLICY.—It is the policy of the United States— 


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1 (1) to act decisively against counterintelligence 

2 threats posed by foreign commercial spyware by de3 grading the ability of companies selling foreign com4 mercial spyware to provide their services to users 

5 who act contrary to the national security or foreign 

6 policy interests of the United States; 

7 (2) to act decisively against the individuals who 

8 lead entities selling foreign commercial spyware and 

9 who are involved in activities contrary to the na10 tional security or foreign policy interests of the 

11 United States; and 

12 (3) to deter the use of foreign commercial 

13 spyware for improper purposes, such as to— 

14 (A) target and intimidate perceived oppo15 nents; 

16 (B) curb dissent; 

17 (C) limit freedoms of expression, peaceful 

18 assembly, or association; 

19 (D) enable other human rights abuses or 

20 suppression of civil liberties; or 

21 (E) track or target United States persons. 

22 (b) DISCRETIONARY SANCTIONS.—In order to ad23 vance the policy objectives under subsection (a), the Presi24 dent may impose the sanctions described in subsection (c) 

25 with respect to— 


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1 (1) a covered entity the President determines to 

2 pose a risk to the national security of the United 

3 States which knowingly develops, maintains, owns, 

4 operates, brokers, markets, sells, leases, licenses, or 

5 otherwise makes available spyware that has enabled 

6 the targeting of United States Government officials, 

7 or personnel of the intelligence community; 

8 (2) any foreign person who— 

9 (A) is a current or former senior officer of 

10 an entity described in paragraph (1); and 

11 (B) knowingly engages in, the sale of for12 eign commercial spyware, that allows for the 

13 targeting of United States Government officials, 

14 or personnel of the intelligence community; or 

15 (3) any foreign person who— 

16 (A) is an official of a foreign government 

17 or is acting for or on behalf of such official; and 

18 (B) knowingly engages in the targeting of 

19 United States Government officials, or per20 sonnel of the intelligence community through 

21 the use of foreign commercial spyware. 

22 (c) SANCTIONS DESCRIBED.—The sanctions de23 scribed in this subsection are the following: 

24 (1) BLOCKING OF PROPERTY.—The President 

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1 dent under the International Emergency Economic 

2 Powers Act (50 U.S.C. 1701 et seq.) (except that 

3 the requirements of section 202 of such Act (50 

4 U.S.C. 1701) shall not apply) to the extent nec5 essary to block and prohibit all transactions in prop6 erty and interests in property of a person deter7 mined by the President to be subject to subsection 

8 (b) if such property and interests in property are in 

9 the United States, come within the United States, or 

10 come within the possession or control of a United 

11 States person. 

12 (2) INADMISSIBILITY TO THE UNITED STATES

13 AND REVOCATION OF VISA OR OTHER DOCUMENTA14 TION.— 

15 (A) INELIGIBILITY FOR VISA, ADMISSION, 

16 OR PAROLE.—In the case of a foreign person 

17 determined by the President to be subject to 

18 subsection (b) who is an individual, the foreign 

19 person is— 

20 (i) inadmissible to the United States; 

21 (ii) ineligible to receive a visa or other 

22 documentation to enter the United States; 

23 and 

24 (iii) otherwise ineligible to be admitted 

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1 ceive any other benefit under the Immigra2 tion and Nationality Act (8 U.S.C. 1101 et 

3 seq.). 

4 (B) CURRENT VISA REVOKED.—In the case 

5 of a foreign person determined by the President 

6 to be subject to subsection (b) who is an indi7 vidual, the visa or other entry documentation of 

8 the person shall be revoked, regardless of when 

9 such visa or other entry documentation is or 

10 was issued. A revocation under this subpara11 graph shall take effect immediately and auto12 matically cancel any other valid visa or entry 

13 documentation that is in the person’s posses14 sion. 

15 (C) EXCEPTION TO COMPLY WITH INTER16 NATIONAL OBLIGATIONS.—Sanctions under this 

17 subsection shall not apply with respect to a for18 eign person if admitting or paroling the person 

19 into the United States is necessary to permit 

20 the United States to comply with the Agree21 ment regarding the Headquarters of the United 

22 Nations, signed at Lake Success June 26, 

23 1947, and entered into force November 21, 

24 1947, between the United Nations and the 


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1 United States, or other applicable international 

2 obligations. 

3 (d) IMPLEMENTATION; PENALTIES.— 

4 (1) IMPLEMENTATION.—The President may ex5 ercise all authorities provided under sections 203 

6 and 205 of the International Emergency Economic 

7 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

8 this subsection and shall issue such regulations, li9 censes, and orders as are necessary to carry out this 

10 subsection. 

11 (2) PENALTIES.—Any person that violates, at12 tempts to violate, conspires to violate, or causes a 

13 violation of this subsection or any regulation, license, 

14 or order issued to carry out paragraph (1) shall be 

15 subject to the penalties provided for in subsections 

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

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

18 to the same extent as a person that commits an un19 lawful act described in subsection (a) of that section. 

20 (e) INTELLIGENCE AND LAW ENFORCEMENT ACTIVI21 TIES.—Sanctions under this section shall not apply with 

22 respect to— 

23 (1) any activity subject to the reporting require24 ments under title V of the National Security Act of 

25 1947 (50 U.S.C. 3091 et seq.); or 


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1 (2) any authorized intelligence or law enforce2 ment activities of the United States. 

3 (f) UNITED STATES GOVERNMENT ACTIVITIES.— 

4 Nothing in this Act may be construed to prohibit trans5 actions associated with the official business of the Federal 

6 Government as carried out by employees, grantees, or con7 tractors. 

8 (g) HUMANITARIAN ACTIVITIES.—The President may 

9 not impose sanctions under this section with respect to 

10 any person for conducting or facilitating a transaction for 

11 the sale of agricultural commodities, food, medicine, or 

12 medical devices or for the provision of humanitarian as13 sistance. 

14 (h) EXCEPTION RELATING TO IMPORTATION OF

15 GOODS.— 

16 (1) IN GENERAL.—The authorities to impose 

17 sanctions authorized under this section shall not in18 clude the authority to impose sanctions on the im19 portation of goods. 

20 (2) GOOD DEFINED.—In this subsection, the 

21 term ‘‘good’’ means any article, natural, or man22 made substance, material, supply, or manufactured 

23 product, including inspection and test equipment, 

24 and excluding technical data. 


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1 (i) SUNSET.—The authority to impose a new sanction 

2 under subsection (b) shall terminate on the date that is 

3 7 years after the date of the enactment of this Act. 

4 (j) DEFINITIONS.—In this section: 

5 (1) FOREIGN PERSON.—The term ‘‘foreign per6 son’’ means a person that is not a United States 

7 person. 

8 (2) UNITED STATES PERSON.—The term 

9 ‘‘United States person’’ means— 

10 (A) a United States citizen or an alien law11 fully admitted for permanent residence to the 

12 United States; 

13 (B) an entity organized under the laws of 

14 the United States or of any jurisdiction within 

15 the United States, including a foreign branch of 

16 such an entity; or 

17 (C) a person in the United States 

18 (3) FOREIGN COMMERCIAL SPYWARE; FOREIGN

19 COMPANY; SPYWARE; COVERED ENTITY.—The terms 

20 ‘‘foreign commercial spyware’’, ‘‘foreign company’’, 

21 ‘‘spyware’’, and ‘‘covered entity’’ have the meanings 

22 given those terms in section 1102A of the National 

23 Security Act of 1947 (50 U.S.C. 3231 et seq.). 

24 (4) KNOWINGLY.—The term ‘‘knowingly’’ with 

25 respect to conduct, a circumstance, or a result, 


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1 means that a person has actual knowledge, or should 

2 have known, of the conduct, the circumstance, or the 

3 result. 

Æ 


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