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. 
Be it enacted by the Senate and House of Representa-
tives 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 FOR-
EIGN COMMERCIAL SPYWARE. 
(a) POLICY.—It is the policy of the United States— 
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(1) to act decisively against counterintelligence 
threats posed by foreign commercial spyware by de-
grading the ability of companies selling foreign com-
mercial 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 na-
tional 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 oppo-
nents; 
(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 ad-
vance the policy objectives under subsection (a), the Presi-
dent may impose the sanctions described in subsection (c) 
with respect to— 
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(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 for-
eign 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 per-
sonnel of the intelligence community through 
the use of foreign commercial spyware. 
(c) SANCTIONS
DESCRIBED.—The sanctions de-
scribed in this subsection are the following: 
(1) BLOCKING OF PROPERTY.—The President 
may exercise all of the powers granted to the Presi-
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dent 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 nec-
essary to block and prohibit all transactions in prop-
erty and interests in property of a person deter-
mined 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 DOCUMENTA-
TION.— 
(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 re-
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ceive any other benefit under the Immigra-
tion 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 indi-
vidual, 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 subpara-
graph shall take effect immediately and auto-
matically cancel any other valid visa or entry 
documentation that is in the person’s posses-
sion. 
(C) EXCEPTION TO COMPLY WITH INTER-
NATIONAL OBLIGATIONS.—Sanctions under this 
subsection shall not apply with respect to a for-
eign person if admitting or paroling the person 
into the United States is necessary to permit 
the United States to comply with the Agree-
ment 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 
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United States, or other applicable international 
obligations. 
(d) IMPLEMENTATION; PENALTIES.— 
(1) IMPLEMENTATION.—The President may ex-
ercise 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, li-
censes, and orders as are necessary to carry out this 
subsection. 
(2) PENALTIES.—Any person that violates, at-
tempts 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 un-
lawful act described in subsection (a) of that section. 
(e) INTELLIGENCE AND LAW ENFORCEMENT ACTIVI-
TIES.—Sanctions under this section shall not apply with 
respect to— 
(1) any activity subject to the reporting require-
ments under title V of the National Security Act of 
1947 (50 U.S.C. 3091 et seq.); or 
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(2) any authorized intelligence or law enforce-
ment activities of the United States. 
(f) UNITED STATES GOVERNMENT ACTIVITIES.— 
Nothing in this Act may be construed to prohibit trans-
actions associated with the official business of the Federal 
Government as carried out by employees, grantees, or con-
tractors. 
(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 as-
sistance. 
(h) EXCEPTION RELATING
TO IMPORTATION
OF 
GOODS.— 
(1) IN GENERAL.—The authorities to impose 
sanctions authorized under this section shall not in-
clude the authority to impose sanctions on the im-
portation of goods. 
(2) GOOD
DEFINED.—In this subsection, the 
term ‘‘good’’ means any article, natural, or man-
made substance, material, supply, or manufactured 
product, including inspection and test equipment, 
and excluding technical data. 
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(i) 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. 
(j) DEFINITIONS.—In this section: 
(1) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
(2) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a United States citizen or an alien law-
fully 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 
(3) 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.). 
(4) KNOWINGLY.—The term ‘‘knowingly’’ with 
respect to conduct, a circumstance, or a result, 
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means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
Æ 
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