[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9140 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9140
To prohibit persons from accepting compensation for serving as an agent
of, or lobbyist for, a foreign adversary, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2022
Mr. Wilson of South Carolina (for himself, Mr. Cohen, Mr. Banks, and
Ms. Slotkin) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit persons from accepting compensation for serving as an agent
of, or lobbyist for, a foreign adversary, 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 ``Stop Helping Adversaries Manipulate
Everything Act'' or the ``SHAME Act''.
SEC. 2. PROHIBITING AGENTS OF FOREIGN ADVERSARIES FROM RECEIVING
COMPENSATION FOR SERVICES.
(a) Prohibition.--The Foreign Agents Registration Act of 1938 (22
U.S.C. 611 et seq.) is amended by inserting after section 1 the
following new section:
``SEC. 1A. RESTRICTIONS ON AGENTS OF FOREIGN ADVERSARIES.
``(a) Prohibiting Acceptance of Compensation.--No person may
receive direct or indirect compensation in any form, including
intangible or in-kind, for serving as the agent of--
``(1) a foreign principal which is a foreign adversary;
``(2) the ruling party of a foreign principal which is a
foreign adversary; or
``(3) an agent or instrumentality of an entity that is
described in paragraph (1) or (2).
``(b) Deeming Certain Persons as Foreign Principals Which Are
Foreign Agents.--A person shall be considered for purposes of this Act
to be an agent of a foreign principal which is a foreign adversary if
the person is engaged to serve as an agent by any of the following:
``(1) A senior foreign political figure of a foreign
adversary.
``(2) A corporation limited liability company, or similar
entity beneficially owned (as described in section 5336(a)(3)
of title 31, United States Code) by a senior foreign political
figure of a foreign adversary.
``(3) A corporation, limited liability company, or similar
entity that is under the direction or control in any way,
whether directly or indirectly, and including through a third
party, of a senior foreign political figure of a foreign
adversary.
``(4) Any entity owned or controlled by an entity described
in paragraph (1) or (2).
``(c) Penalty.--In addition to any other penalty under this Act,
any person who violates subsection (a)--
``(1) shall pay to the United States an amount equal to the
total compensation the person received in violation of
subsection (a); and
``(2) shall be subject to a fine of not more than twice the
amount paid under paragraph (1).
``(d) Definitions.--In this section--
``(1) the term `foreign adversary', with respect to the
service of a person as an agent--
``(A) means a foreign government or foreign
nongovernment person engaged in a long-term pattern or
serious instance of conduct significantly adverse to
the national security of the United States or its
allies or the security and safety of persons of the
United States; and
``(B) includes the government of each country that
is treated as a foreign adversary by the Secretary of
Commerce pursuant to any Executive order, regulation,
or law which is in effect at the time the person serves
as the agent of that country; and
``(2) the term `senior foreign political figure' has the
meaning given such term in section 1010.605 of title 31, Code
of Federal Regulations, or any successor regulation.''.
(b) Requiring Separate Registration Statements.--Section 2 of such
Act (22 U.S.C. 612) is amended by adding at the end of the following
new subsection:
``(h) Separate Statements Required for Agents of Foreign
Adversaries.--An agent of a foreign principal which is a foreign
adversary as determined under section 1A, shall submit separate
registration statements and supplements under this section with respect
to the agent's service on behalf of such a foreign principal.''.
SEC. 3. PROHIBITING LOBBYISTS FROM RECEIVING COMPENSATION FOR LOBBYING
ACTIVITIES ON BEHALF OF FOREIGN ADVERSARIES.
(a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C.
1601) is amended by inserting after section 5 the following new
section:
``SEC. 5A. PROHIBITING ACCEPTANCE OF COMPENSATION FOR LOBBYING
ACTIVITIES ON BEHALF OF FOREIGN ADVERSARIES.
``(a) Prohibition.--No person may receive direct or indirect
compensation in any form, including tangible or in-kind, for carrying
out lobbying activities on behalf of a client which is--
``(1) a foreign adversary;
``(2) the ruling party of a foreign adversary;
``(3) an agent or instrumentality of an entity described in
paragraph (1) or (2); or
``(4) any entity owned or controlled by an entity described
in paragraph (1) or (2).
``(b) Deeming Certain Persons To Be Carrying Out Lobbying
Activities.--A person shall be considered for purposes of this section
to be carrying out lobbying activities on behalf of a client which is a
foreign adversary if the person is engaged to carry out such activities
by any of the following:
``(1) A senior foreign political figure of a foreign
adversary.
``(2) A corporation, limited liability company, or similar
entity beneficially owned (as described in section 5336(a)(3)
of title 31, United States Code) by a senior foreign political
figure of a foreign adversary.
``(3) A corporation, limited liability company, or similar
entity that is under the direction or control in any way,
whether directly or indirectly and including through a third
party, of a senior foreign political figure of a foreign
adversary.
``(c) Penalty.--In addition to any other penalty under this Act,
any person who violates subsection (a)--
``(1) shall pay to the United States an amount equal to the
total compensation the person received in violation of
subsection (a); and
``(2) shall be subject to a fine of not more than twice the
amount paid under paragraph (1).
``(d) Definitions.--In this section--
``(1) the term `foreign adversary', with respect to the
service of a person who carries out lobbying activities--
``(A) means a foreign government or foreign
nongovernment person engaged in a long-term pattern or
serious instance of conduct significantly adverse to
the national security of the United States or its
allies or the security and safety of persons of the
United States; and
``(B) during the seven-year period beginning on the
date of the enactment of the SHAME Act, includes the
government of each country, that as of January 1, 2022,
was determined by the Secretary of Commerce to be a
`foreign adversary' pursuant to Executive Order 13873;
and
``(2) the term ``senior foreign political figure'' has the
meaning given such term in section 1010.605 of title 31, Code
of Federal Regulations, or any successor regulation.''.
(b) Requiring Separate Registration Statements.--Section 5 of such
Act (2 U.S.C. 1604) is amended by adding at the end of the following
new subsection:
``(f) Separate Statements Required for Lobbying Activities on
Behalf of Foreign Adversaries.--A registrant who carries out lobbying
activities on behalf of a client which is a foreign adversary as
determined under section 5A, shall submit separate registration
statements and supplements under this section with respect to the
registrant's service on behalf of such a foreign principal.''.
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