[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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