[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3501 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3501
To expose and deter unlawful and subversive foreign interference in
elections for Federal office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2019
Mr. Engel (for himself, Mr. Connolly, Ms. Clarke of New York, Ms. Kelly
of Illinois, Mr. Khanna, Mr. Ted Lieu of California, Ms. Speier, Mr.
Cohen, Ms. Schakowsky, Ms. McCollum, Ms. Pingree, Mr. Cicilline, Mr.
Lowenthal, Mr. Rush, Ms. DeGette, Mr. Brendan F. Boyle of Pennsylvania,
Mr. Pallone, Mr. Welch, Mr. Levin of Michigan, Mr. Himes, Mr. Langevin,
Ms. Bonamici, Ms. Clark of Massachusetts, Ms. Titus, Mr. Garamendi, Mr.
Espaillat, Ms. Kaptur, Mr. Meeks, and Mr. Schneider) 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.
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 interference.--The term ``foreign
interference'', with respect to a United States election,
includes any covert, fraudulent, deceptive, or unlawful actions
or attempted actions of a foreign government, or of any person
acting as an agent of or on behalf of a foreign government,
undertaken with the purpose or effect of influencing,
undermining confidence in, or altering the result or reported
result of, such election, or undermining public confidence in
election processes or institutions.
(5) 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.
(6) United states election.--The term ``United States
election'' means any election for Federal office.
(7) 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 FOREIGN
INTERFERENCE IN UNITED STATES ELECTIONS.
(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, directly or
indirectly engaged in, sponsored, concealed, or otherwise been
complicit in foreign interference in a United States election;
(2) materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services to
or in support of, any activity described in paragraph (1) or
any person whose property or interests in property are blocked
pursuant to this section; or
(3) is owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or indirectly,
any person whose property or interests in property are blocked
pursuant to this section.
(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) Sanctions.--A foreign person on the list required under
subsection (a) is subject to the sanctions described in sections 4 and
5.
(d) 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 INDIVIDUALS.
(a) Ineligibility for Visas and Admission to the United States.--A
foreign person on the list required under section 3(a) is--
(1) inadmissible to the United States;
(2) ineligible to receive a visa or other documentation to
enter the United States; and
(3) otherwise ineligible to be admitted or paroled into the
United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(b) Current Visas Revoked.--
(1) In general.--The issuing consular officer or the
Secretary of State, (or a designee of the Secretary of State)
shall, in accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other
entry documentation issued to a foreign person on the list
required under section 3(a) regardless of when the visa or
other entry documentation is issued.
(2) Effect of revocation.--A revocation under subparagraph
(A) shall--
(A) take effect immediately; and
(B) automatically cancel any other valid visa or
entry documentation that is in the foreign person's
possession.
(3) Regulations required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall prescribe such regulations as are necessary to carry out
this subsection.
(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.
(d) Exception To Comply With International Obligations.--Sanctions
under this section shall not apply with respect to a foreign person if
admitting or paroling such person into the United States is necessary
to permit the United States to comply with the Agreement 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 United States, or other applicable international
obligations.
(e) Waiver for National Security Interests.--The Secretary of State
may waive the application of subsection (a) or (b) in the case of an
alien if--
(1) the Secretary determines that such a waiver is in the
national security interests of the United States; and--
(2) not later than 15 days prior to granting such a waiver,
the Secretary provides to the appropriate congressional
committees notice of, and a justification for, such waiver.
(f) 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.--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) 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.
(e) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
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.
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 2020.
(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.
<all>