[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2781

   To prohibit the involvement of immediate family members of senior 
      United States Government officials with Ukrainian entities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2019

  Mr. Kennedy introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To prohibit the involvement of immediate family members of senior 
      United States Government officials with Ukrainian entities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    In this Act:
            (1) Covered individual.--The term ``covered individual'' 
        means--
                    (A) the President;
                    (B) the Vice President;
                    (C) the head of any Executive department (as that 
                term is defined in section 101 of title 5, United 
                States Code);
                    (D) any individual occupying a position designated 
                by the President as a Cabinet-level position; and
                    (E) a Member of Congress.
            (2) Immediate family member.--The term ``immediate family 
        member'', with respect to a covered individual, means--
                    (A) a spouse, parent, child, or sibling of the 
                covered individual; and
                    (B) a parent, child, or sibling of the spouse of 
                the covered individual.
            (3) Ukrainian entity.--The term ``Ukrainian entity'' means 
        an entity organized under the laws of Ukraine or otherwise 
        subject to the jurisdiction of the government of Ukraine.

SEC. 2. PROHIBITION ON INVOLVEMENT OF IMMEDIATE FAMILY MEMBERS OF 
              SENIOR UNITED STATES GOVERNMENT OFFICIALS WITH UKRAINIAN 
              ENTITIES.

    (a) Offense.--It shall be unlawful for an immediate family member 
of a covered individual to--
            (1) serve as a consultant to, employee of, independent 
        contractor of, or member of a board of directors or similar 
        governing body of a Ukrainian entity; or
            (2) possess an ownership interest of 5 percent or more in a 
        Ukrainian entity.
    (b) Penalties and Injunctions.--
            (1) Criminal penalties.--
                    (A) In general.--Any individual who violates 
                subsection (a) shall be imprisoned for not more than 1 
                year, fined under title 18, United States Code, or 
                both.
                    (B) Willful violations.--Any individual who 
                willfully violates subsection (a) shall be imprisoned 
                for not more than 5 years, fined under title 18, United 
                States Code, or both.
            (2) Civil penalties.--
                    (A) Civil action.--The Attorney General may bring a 
                civil action in an appropriate district court of the 
                United States against any individual who violates 
                subsection (a).
                    (B) Penalty.--In an action against an individual 
                under subparagraph (A), upon proof of a violation of 
                subsection (a) by a preponderance of the evidence, the 
                individual shall be subject to a civil penalty of not 
                more than the greater of--
                            (i) $50,000 for each violation; or
                            (ii) the amount of compensation, including 
                        any amounts generated from an ownership 
                        interest, that the individual received for the 
                        prohibited conduct.
                    (C) Relation to other laws.--The imposition of a 
                civil penalty under this paragraph shall not preclude 
                any other criminal or civil statutory, common law, or 
                administrative remedy that is available by law to the 
                United States or any other person.
            (3) Injunctions.--
                    (A) Petition.--If the Attorney General has reason 
                to believe that an individual is engaging in conduct 
                constituting an offense under subsection (a), the 
                Attorney General may petition an appropriate district 
                court of the United States for an order prohibiting 
                that individual from engaging in that conduct.
                    (B) Issuance.--The court may issue an order 
                prohibiting an individual from engaging in conduct 
                described in subparagraph (A) if the court finds that 
                the conduct constitutes an offense under subsection 
                (a).
                    (C) Relation to other laws.--The filing of a 
                petition under this paragraph shall not preclude any 
                other remedy that is available by law to the United 
                States or any other person.
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