Protect American Democracy Act of 2016

To expose and deter unlawful and subversive foreign interference in elections for Federal office, and for other purposes. 1. Short title This Act may be cited as the Protect American Democracy Act of 2016 2. Definitions In this Act: (1) Admitted; alien The terms admitted alien 8 U.S.C. 1101 (2) Appropriate congressional committees The term appropriate congressional committees (A) in the House of Representatives— (i) the Committee on Foreign Affairs; (ii) the Committee on Homeland Security; (iii) the Committee on Financial Services; (iv) the Committee on the Judiciary; and (v) the Permanent Select Committee on Intelligence; and (B) in the Senate— (i) the Committee on Foreign Relations; (ii) the Committee on Homeland Security and Governmental Affairs; (iii) the Committee on Banking, Housing, and Urban Affairs; (iv) the Committee on the Judiciary; and (v) the Select Committee on Intelligence. (3) Financial institution The term financial institution (4) Foreign person The term foreign person (A) a natural person who is not a United States person under paragraph (5)(A); or (B) a foreign entity or foreign government. (5) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (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. 3. Identification of foreign persons responsible for actions to unlawfully access, disrupt, influence, or in any way alter information or information systems related to United States political parties or elections for Federal office (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a list of each foreign person that the Secretary determines— (1) was, at any time since January 1, 2015, involved in actions to unlawfully access, disrupt, influence, or in any way alter information or information systems related to United States political parties, candidates in elections for Federal office, or the administration of elections for Federal office; or (2) acted as an agent of or on behalf of such a foreign person in a matter relating to an activity described in paragraph (1). (b) Updates The Secretary of State shall submit to the appropriate congressional committees an update of the list required under subsection (a) as new information becomes available. (c) Form (1) In general Except as provided in paragraph (2), the list required under subsection (a) shall be submitted in unclassified form. (2) Exception The name of a foreign person to be included in the list required under subsection (a) may be submitted in a classified annex only if the Secretary of State— (A) determines that it is in the national security interests of the United States to do so; and (B) 15 days prior to submitting any such name in such a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include any such foreign person in any such classified annex despite any publicly available information indicating that such foreign person is described in paragraph (1) or (2) of such subsection. (3) Public availability; Nonapplicability of confidentiality requirement with respect to visa records The unclassified portion of the list required under subsection (a) shall be made available to the public and published in the Federal Register, without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) 4. Inadmissibility of certain aliens (a) Ineligibility for visas An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if such alien is a foreign person on the list required under section 3(a). (b) Current visas revoked The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (c) Applicability to foreign entities and foreign governments Subsections (a) and (b) of this section shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the Secretary of State to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (d) Waiver for national security interests (1) In general The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if— (A) the Secretary determines that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) prior to granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, such waiver. (2) Timing for certain waivers Notification under subparagraph (B) of paragraph (1) shall be made not later than 15 days prior to granting a waiver under such paragraph if the Secretary of State grants such waiver in the national security interests of the United States in accordance with subparagraph (A)(ii) of such paragraph. (e) Regulatory authority The Secretary of State shall prescribe such regulations as are necessary to carry out this section. 5. Financial measures (a) Freezing of assets (1) In general The President, acting through the Secretary of the Treasury, shall exercise all powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. 50 U.S.C. 1701 (2) Applicability to foreign entities and foreign governments Paragraph (1) shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the President, acting through the Secretary of the Treasury, to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (b) Waiver for national security interests The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. Not less than 15 days prior to granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, such waiver. (c) Enforcement (1) Penalties A foreign person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties specified in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (2) Applicability to foreign entities and foreign governments Paragraph (1) shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the President, acting through the Secretary of the Treasury, to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (3) Requirements for financial institutions Not later than 120 days after the date of the enactment of this Act, the President, acting through the Secretary of the Treasury, shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a foreign person that is on the list required under section 3(a) if such property or 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 to certify to the Secretary that, to the best of the knowledge of such financial institution, such financial institution has frozen all assets within the possession or control of such financial institution that are required to be frozen pursuant to subsection (a). (d) Regulatory authority The President, acting through the Secretary of the Treasury, shall issue such regulations, licenses, and orders as are necessary to carry out this section. 6. Reports to Congress (a) In general The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a report on the actions taken to carry out this Act, including— (1) a description of each foreign person on the list required under section 3(a); (2) the dates on which such foreign persons were added to such list; and (3) a description of the actions described in such section that were undertaken by each such foreign person. (b) Timing The Secretary of State shall submit the first report required under this section not later than one year after the date of the enactment of this Act. The Secretary shall submit subsequent reports under this section not later than 60 days after the date of each regularly scheduled general election for Federal office, beginning with the election held in 2018. (c) Form Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if such is in the national security interests of the United States. If a classified annex is included in any such report, the Secretary of State shall include in such report a specific national security justification for such classified annex.

Summary: Protect American Democracy Act of 2016 This bill directs the Department of State to submit within 120 days a list of each foreign person that: (1) was at any time since January 1, 2015, involved in actions to unlawfully access, disrupt, influence, or alter information related to U.S. political parties, federal election candidates, or the administration of federal elections; or (2) acted as an agent of, or on behalf of, such foreign person. The unclassified portion of such list shall be made available to the public and published in the Federal Register. A listed alien shall be ineligible to receive a U.S. entry visa, and any current visa shall be revoked. Such prohibitions shall also apply to an alien who is an official of, or acting on behalf of, a listed foreign entity or government if such alien knowingly furthered such prohibited actions. The President, through the Department of the Treasury, shall: (1) freeze and prohibit a listed foreign person's transactions in property and property interests that are in the United States or controlled a U.S. person, and (2) require each financial institution that is a U.S. person and has within its possession or control such property or property interests to certify that it has frozen all such assets.