Protecting Americans from Foreign Commercial Spyware Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5440 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5440

 To amend the Foreign Assistance Act of 1961 to prohibit assistance to 
   foreign governments that engage in the use of foreign commercial 
    spyware to target United States persons, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2023

   Mr. Himes (for himself, Mr. Stewart, Mr. Castro of Texas, and Mr. 
  Crawford) introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Assistance Act of 1961 to prohibit assistance to 
   foreign governments that engage in the use of foreign commercial 
    spyware to target United States persons, 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 ``Protecting Americans from Foreign 
Commercial Spyware Act''.

SEC. 2. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT ENGAGE IN 
              THE USE OF FOREIGN COMMERCIAL SPYWARE TO TARGET UNITED 
              STATES PERSONS.

    Chapter 1 of part III (22 U.S.C. 2351 et seq.) of the Foreign 
Assistance Act of 1961 is amended by adding at the end the following 
new section:

``SEC. 620N. PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT 
              ENGAGE IN THE USE OF FOREIGN COMMERCIAL SPYWARE TO TARGET 
              UNITED STATES PERSONS.

    ``(a) In General.--Except as otherwise provided in this section, no 
assistance may be provided under this Act to the central government of 
a country with respect to which the President makes a determination 
based on credible information and in accordance with subsection (c) 
that the government engages in the use of foreign commercial spyware to 
target United States persons.
    ``(b) Waiver.--If the President certifies in writing to the 
appropriate congressional committees that extraordinary circumstances 
or national security priorities exist warranting provision to a central 
government of a country of assistance otherwise prohibited pursuant to 
subsection (a), the United States may provide to such government such 
assistance.
    ``(c) Determination.--In making a determination under subsection 
(a) with respect to the central government of a country, the President 
shall give particular consideration to whether the government--
            ``(1) has a record of acquiring commercial foreign 
        commercial spyware;
            ``(2) has used foreign commercial spyware against its own 
        citizens, particularly journalists, political opponents, or 
        activists; and
            ``(3) has failed to undertake serious and sustained efforts 
        to combat the use of foreign commercial spyware in undemocratic 
        ways.
    ``(d) Exception.--The prohibition under subsection (a) does not 
apply to military assistance.
    ``(e) Termination.--The prohibition under subsection (a) with 
respect to the central government of a country shall terminate 1 year 
after the President makes a determination that the government no longer 
engages in the use of foreign commercial spyware to target United 
States persons.
    ``(f) Report.--The President shall annually submit to the Committee 
on Foreign Affairs and the Permanent Select Committee on Intelligence 
of the House of Representatives and the Committee on Foreign Relations 
and the Select Committee on Intelligence of the Senate as part of the 
presentation materials for assistance programs proposed for each fiscal 
year, a full and complete classified report, prepared in consultation 
with the intelligence community's classified annex, required under 
section 1102A of the National Security Act of 1947 (50 U.S.C. 3232a), 
with respect to governmental use of foreign commercial spyware to 
target United States persons in each country proposed as a recipient of 
assistance under this Act.
    ``(g) Definitions.--In this section:
            ``(1) Foreign commercial spyware.--The term `foreign 
        commercial spyware' means a tool (or set of tools) sold, 
        leased, marketed, or otherwise provided as an end-to-end system 
        originally developed or owned by a foreign spyware company that 
        provides a purchaser remote access to information stored on or 
        transiting through an electronic device connected to the 
        internet, including end-to-end systems that--
                    ``(A) allow malign actors to infect mobile and 
                internet-connected devices with malware over both 
                wireless internet and cellular data connections, 
                including without any action required by the user of 
                the device;
                    ``(B) can record telephone calls and other audio;
                    ``(C) track the location of the device; or
                    ``(D) access and retrieve information on the 
                device, including text messages, files, e-mails, 
                transcripts of chats, contacts, photos, and browsing 
                history.
            ``(2) Intelligence community.--The term `intelligence 
        community' has the meaning given such term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).
            ``(3) United states person.--The term `United States 
        person' has the meaning given such term in section 560.314 of 
        title 31, Code of Federal Regulations.''.
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