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

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. DEFINITIONS. 3 In this Act: 4 (1) COVERED INDIVIDUAL.—The term ‘‘covered 5 individual’’ means— 6 (A) the President; 7 (B) the Vice President; 8 VerDate Sep 11 2014 04:07 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2781.IS S2781 kjohnson on DSK79L0C42 with BILLS 2 •S 2781 IS (C) the head of any Executive department 1 (as that term is defined in section 101 of title 2 5, United States Code); 3 (D) any individual occupying a position 4 designated by the President as a Cabinet-level 5 position; and 6 (E) a Member of Congress. 7 (2) IMMEDIATE FAMILY MEMBER.—The term 8 ‘‘immediate family member’’, with respect to a cov- 9 ered individual, means— 10 (A) a spouse, parent, child, or sibling of 11 the covered individual; and 12 (B) a parent, child, or sibling of the spouse 13 of the covered individual. 14 (3) UKRAINIAN ENTITY.—The term ‘‘Ukrainian 15 entity’’ means an entity organized under the laws of 16 Ukraine or otherwise subject to the jurisdiction of 17 the government of Ukraine. 18 SEC. 2. PROHIBITION ON INVOLVEMENT OF IMMEDIATE 19 FAMILY MEMBERS OF SENIOR UNITED 20 STATES GOVERNMENT OFFICIALS WITH 21 UKRAINIAN ENTITIES. 22 (a) OFFENSE.—It shall be unlawful for an immediate 23 family member of a covered individual to— 24 VerDate Sep 11 2014 23:26 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2781.IS S2781 kjohnson on DSK79L0C42 with BILLS 3 •S 2781 IS (1) serve as a consultant to, employee of, inde- 1 pendent contractor of, or member of a board of di- 2 rectors or similar governing body of a Ukrainian en- 3 tity; or 4 (2) possess an ownership interest of 5 percent 5 or more in a Ukrainian entity. 6 (b) PENALTIES AND INJUNCTIONS.— 7 (1) CRIMINAL PENALTIES.— 8 (A) IN GENERAL.—Any individual who vio- 9 lates subsection (a) shall be imprisoned for not 10 more than 1 year, fined under title 18, United 11 States Code, or both. 12 (B) WILLFUL VIOLATIONS.—Any indi- 13 vidual who willfully violates subsection (a) shall 14 be imprisoned for not more than 5 years, fined 15 under title 18, United States Code, or both. 16 (2) CIVIL PENALTIES.— 17 (A) CIVIL ACTION.—The Attorney General 18 may bring a civil action in an appropriate dis- 19 trict court of the United States against any in- 20 dividual who violates subsection (a). 21 (B) PENALTY.—In an action against an 22 individual under subparagraph (A), upon proof 23 of a violation of subsection (a) by a preponder- 24 ance of the evidence, the individual shall be 25 VerDate Sep 11 2014 04:07 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2781.IS S2781 kjohnson on DSK79L0C42 with BILLS 4 •S 2781 IS subject to a civil penalty of not more than the 1 greater of— 2 (i) $50,000 for each violation; or 3 (ii) the amount of compensation, in- 4 cluding any amounts generated from an 5 ownership interest, that the individual re- 6 ceived for the prohibited conduct. 7 (C) RELATION TO OTHER LAWS.—The im- 8 position of a civil penalty under this paragraph 9 shall not preclude any other criminal or civil 10 statutory, common law, or administrative rem- 11 edy that is available by law to the United 12 States or any other person. 13 (3) INJUNCTIONS.— 14 (A) PETITION.—If the Attorney General 15 has reason to believe that an individual is en- 16 gaging in conduct constituting an offense under 17 subsection (a), the Attorney General may peti- 18 tion an appropriate district court of the United 19 States for an order prohibiting that individual 20 from engaging in that conduct. 21 (B) ISSUANCE.—The court may issue an 22 order prohibiting an individual from engaging 23 in conduct described in subparagraph (A) if the 24 VerDate Sep 11 2014 04:07 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2781.IS S2781 kjohnson on DSK79L0C42 with BILLS 5 •S 2781 IS court finds that the conduct constitutes an of- 1 fense under subsection (a). 2 (C) RELATION TO OTHER LAWS.—The fil- 3 ing of a petition under this paragraph shall not 4 preclude any other remedy that is available by 5 law to the United States or any other person. 6 Æ VerDate Sep 11 2014 04:07 Nov 06, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S2781.IS S2781 kjohnson on DSK79L0C42 with BILLS