Prevent Corrupting Foreign Influence Act

I 117TH CONGRESS 1ST SESSION H. R. 1267 To amend title 18, United States Code, to prohibit corrupt foreign influence over the President, the Vice President, and their immediate family mem- bers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 23, 2021 Mr. SWALWELL introduced the following bill; which was referred to the Com- mittee on the Judiciary, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To amend title 18, United States Code, to prohibit corrupt foreign influence over the President, the Vice President, and their immediate family members, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prevent Corrupting 4 Foreign Influence Act’’. 5 VerDate Sep 11 2014 23:03 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1267.IH H1267 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1267 IH SEC. 2. FOREIGN INFLUENCE OVER THE PRESIDENT AND 1 VICE PRESIDENT. 2 (a) IN GENERAL.—Chapter 11 of title 18, United 3 States Code, is amended by adding at the end the fol- 4 lowing: 5 ‘‘§ 227A. Foreign influence over the President and 6 Vice President 7 ‘‘(a) PROHIBITION.—Except as provided in sub- 8 section (b), whoever, being a covered person or covered 9 entity, knowingly— 10 ‘‘(1) accepts anything of value from a foreign 11 state or foreign entity; or 12 ‘‘(2) receives anything of value from a foreign 13 state or foreign entity, 14 shall be fined under this title, imprisoned not more than 15 5 years, or both. 16 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply— 17 ‘‘(1) in the case of any investment by a foreign 18 state or entity in a mutual fund, which includes a 19 covered entity in its portfolio; 20 ‘‘(2) in the case of any investment by a foreign 21 state or entity in an asset held in a blind trust on 22 behalf of a covered person; 23 ‘‘(3) in the case that the thing accepted or re- 24 ceived is of minimal value, and any other thing or 25 things accepted or received by such covered person 26 VerDate Sep 11 2014 23:03 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1267.IH H1267 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1267 IH or covered entity from such foreign state or foreign 1 entity during that calendar year do not exceed mini- 2 mal value; or 3 ‘‘(4) in any case in which the covered person 4 acted in accordance with section 7342 of title 5 or 5 the Mutual Education and Cultural Exchange Act of 6 1961 (22 U.S.C. 2451 et seq.). 7 ‘‘(c) DEFINITIONS.—In this section: 8 ‘‘(1) The term ‘covered person’ means the 9 President, Vice President, and their immediate fam- 10 ily members. 11 ‘‘(2) The term ‘covered entity’ means any entity 12 in which a covered person has not less than a 50 13 percent ownership interest. 14 ‘‘(3) The term ‘immediate family member’ 15 means, with respect to the President or Vice Presi- 16 dent, a parent, parent-in-law, spouse, child, or sib- 17 ling of the President or Vice President. 18 ‘‘(4) The term ‘foreign entity’ means any entity 19 in which a foreign state has not less than a 50 per- 20 cent ownership interest. 21 ‘‘(5) The term ‘minimal value’ has the meaning 22 given that term in section 7342(a)(5) of title 5.’’. 23 (b) CLERICAL AMENDMENT.—The table of sections 24 for chapter 11 of title 18, United States Code, is amended 25 VerDate Sep 11 2014 23:03 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1267.IH H1267 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1267 IH by inserting after the item related to section 227 the fol- 1 lowing: 2 ‘‘227A. Foreign influence over the President and Vice President.’’. SEC. 3. RECEIPT AND DISPOSITION OF FOREIGN GIFTS AND 3 DECORATIONS. 4 Section 7342(a)(1) of title 5, United States Code, is 5 amended— 6 (1) in subparagraph (F), by striking ‘‘and’’ at 7 the end; and 8 (2) by inserting after subparagraph (G) the fol- 9 lowing: 10 ‘‘(H) a parent, parent-in-law, child, or sib- 11 ling of the President or Vice President.’’. 12 Æ VerDate Sep 11 2014 23:03 Mar 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1267.IH H1267 kjohnson on DSK79L0C42PROD with BILLS