I 
118TH CONGRESS 
2D SESSION 
H. R. 9405 
To prohibit Members of Congress from conducting certain financial trans-
actions involving a foreign adversary of the United States, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 23, 2024 
Mr. KEAN of New Jersey (for himself and Ms. SCHOLTEN) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services, 
and in addition to the Committee on Agriculture, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To prohibit Members of Congress from conducting certain 
financial transactions involving a foreign adversary of 
the United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Adversary In-
vestment Prohibition Act’’. 
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SEC. 2. PROHIBITION WITH RESPECT TO CERTAIN TRANS-
ACTIONS BY MEMBERS OF CONGRESS WITH A 
FOREIGN ADVERSARY. 
(a) IN GENERAL.—A Member of Congress may not, 
during the term of service of the Member of Congress, 
conduct any covered financial transaction that benefits, di-
rectly or indirectly, a foreign adversary or an entity owned 
or operated by a foreign adversary. 
(b) CIVIL ENFORCEMENT.— 
(1) IN GENERAL.—The Attorney General may 
bring a civil action in an appropriate district court 
of the United States against any person who vio-
lates, or whom the Attorney General has reason to 
believe is engaging in conduct that violates, sub-
section (a). 
(2) CIVIL PENALTY.—If the court finds by a 
preponderance of the evidence that a person violated 
subsection (a), the court shall impose a civil penalty 
of not more than— 
(A) in the case of a first violation of sub-
section (a), $5,000; 
(B) in the case of a second violation of 
subsection (a), $10,000; and 
(C) in the case of each violation of sub-
section (a) after a second violation under sub-
paragraph (B), $15,000. 
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(c) DEFINITIONS.—In this section: 
(1) COVERED FINANCIAL TRANSACTION.— 
(A) IN GENERAL.—The term ‘‘covered fi-
nancial transaction’’ includes— 
(i) any gift, subscription, loan, ad-
vance, or deposit of money or anything of 
value; 
(ii) any investment in— 
(I) a security (as defined in sec-
tion 3(a) of Securities Exchange Act 
of 1934 (15 U.S.C. 78c(a))); 
(II) a security future (as defined 
in that section); or 
(III) a commodity (as defined in 
section 1a of the Commodity Ex-
change Act (7 U.S.C. 1a)); and 
(iii) any economic interest comparable 
to an interest described in clause (i) that 
is acquired through synthetic means, such 
as the use of a derivative, including an op-
tion, warrant, or other similar means. 
(2) FOREIGN ADVERSARY.—The term ‘‘foreign 
adversary’’ means— 
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(A) the People’s Republic of China, includ-
ing the Hong Kong Special Administrative Re-
gions; 
(B) the Republic of Cuba; 
(C) the Islamic Republic of Iran; 
(D) the Democratic People’s Republic of 
Korea; 
(E) the Russian Federation; and 
(F) the Bolivarian Republic of Venezuela 
under the regime of Nicola´s Maduro Moros. 
(3) MEMBER OF CONGRESS.—The term ‘‘Mem-
ber of Congress’’ means a Senator or Representative 
in, or Delegate or Resident Commissioner to, the 
Congress. 
Æ 
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