Title: SECURE Our Democracy Act
Policy area: International Affairs

Summary:
Safeguard our Elections and Combat Unlawful Interference in Our Democracy Act or the SECURE Our Democracy Act
This bill requires the Department of State to maintain and provide to Congress an updated list of each foreign person who has, since January 1, 2015, been involved in actions to unlawfully access information or information systems related to federal elections, candidates for federal office, or U.S. political parties. Foreign persons on the list shall (1) be barred from entering the United States, (2) have current visas revoked, and (3) be subject to property-blocking sanctions.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6494 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6494

  To expose and deter unlawful and subversive foreign interference in 
         elections for Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2018

Mr. Engel (for himself and Mr. Connolly) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on the Judiciary, Financial Services, and Rules, 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.

    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 ``Safeguard our Elections and Combat 
Unlawful Interference in Our Democracy Act'' or the ``SECURE Our 
Democracy Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given such terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (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'' has the meaning given such term in section 5312 
        of title 31, United States Code.
            (4) Foreign person.--The term ``foreign person'' means--
                    (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'' means--
                    (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.

SEC. 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, in consultation with the heads of other relevant Federal 
agencies, determines--
            (1) was, at any time since January 1, 2015, involved in 
        actions to unlawfully access, disrupt, misappropriate, 
        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) worked or acted as an agent or instrumentality of or on 
        behalf of or was otherwise associated with such a foreign 
        person in a matter relating to an action 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)) with respect to confidentiality of records pertaining 
        to the issuance or refusal of visas or permits to enter the 
        United States.

SEC. 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)), the visa or other documentation of any alien who is 
a foreign person on the list required under section 3(a) and who would 
therefore be ineligible to receive such a visa or documentation under 
subsection (a) of this section.
    (c) Applicability to Foreign Entities and Foreign Governments.--
Subsections (a) and (b) of this section shall apply to aliens who are 
officials of, agents or instrumentalities 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 knowingly authorized, conspired to commit, been responsible for, 
engaged in, or otherwise assisted or facilitated 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 vital 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, in 
                accordance with paragraph (2).
            (2) Compliance.--A waiver under this subsection shall--
                    (A) be treated as an action under subsection (a)(2) 
                of section 216 of the Countering America's Adversaries 
                Through Sanctions Act (22 U.S.C. 9511); and
                    (B) be subject to the requirements of subsection 
                (b) of such section (relating to reporting requirements 
                and congressional oversight).
    (e) Regulatory Authority.--The Secretary of State shall prescribe 
such regulations as are necessary to carry out this section.

SEC. 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.) (except that the requirements of section 202 of such 
        Act (50 U.S.C. 1701) shall not apply) to the extent necessary 
        to freeze and prohibit all transactions in all property and 
        interests in property of a foreign person that is on the list 
        required under section 3(a) of this Act if such property or 
        interests in property are in the United States, are or come 
        within the United States, or are or come within the possession 
        or control of a United States person.
            (2) Applicability to foreign entities and foreign 
        governments.--Paragraph (1) shall apply to aliens who are 
        officials of, agents or instrumentalities 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 knowingly authorized, conspired to commit, been 
        responsible for, engaged in, or otherwise assisted or 
        facilitated the actions described in such section 3(a).
    (b) Waiver for National Security Interests.--
            (1) In general.--The Secretary of the Treasury may waive 
        the application of subsection (a) if the Secretary determines 
        that such a waiver is in the vital national security interests 
        of the United States and prior to granting such a waiver, the 
        Secretary provides to the appropriate congressional committees 
        notice of, and a justification for, such waiver, in accordance 
        with paragraph (2).
            (2) Compliance.--A waiver under this subsection shall--
                    (A) be treated as an action under subsection (a)(2) 
                of section 216 of the Countering America's Adversaries 
                Through Sanctions Act (22 U.S.C. 9511); and
                    (B) be subject to the requirements of subsection 
                (b) of such section (relating to reporting requirements 
                and congressional oversight).
    (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) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of such section.
            (2) Applicability to foreign entities and foreign 
        governments.--Paragraph (1) shall apply to aliens who are 
        officials of, agents or instrumentalities 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 knowingly authorized, conspired to commit, been 
        responsible for, engaged in, or otherwise assisted or 
        facilitated 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, are or come within the 
        United States, or are 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.

SEC. 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.
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