Protect Against Unlawful Lobbying (PAUL) Act of 2021
Bill: H.R.1419 | Sponsor: Rep. Omar, Ilhan (D-MN)
Policy area: Government Operations and Politics

Summary:
Protect Against Unlawful Lobbying (PAUL) Act of 2021
This bill requires the Department of Justice (DOJ) to establish a separate unit for the investigation and enforcement of provisions requiring registration of foreign agents. It provides DOJ with the authority to impose civil monetary penalties for violations and requires foreign agents to disclose transactions involving things of financial value conferred on officeholders by foreign principals.

To amend the Foreign Agents Registration Act of 1938 to establish a 
 separate unit within the Department of Justice for the investigation 
 and enforcement of such Act, to provide the Attorney General with the 
 authority to impose civil money penalties for violations of such Act, 
 and to require agents of foreign principals who are registered under 
 such Act to disclose transactions involving things of financial value 
                      conferred on officeholders.

    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 ``Protect Against Unlawful Lobbying 
(PAUL) Act of 2021''.

SEC. 2. ESTABLISHMENT OF FARA INVESTIGATION AND ENFORCEMENT UNIT WITHIN 
              DEPARTMENT OF JUSTICE.

    Section 8 of the Foreign Agents Registration Act of 1938, as 
amended (22 U.S.C. 618) is amended by adding at the end the following 
new subsection:
    ``(i) Dedicated Enforcement Unit.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of this subsection, the Attorney General 
        shall establish a unit within the counterespionage section of 
        the National Security Division of the Department of Justice 
        with responsibility for the enforcement of this Act.
            ``(2) Powers.--The unit established under this subsection 
        is authorized to--
                    ``(A) take appropriate legal action against 
                individuals suspected of violating this Act; and
                    ``(B) coordinate any such legal action with the 
                United States Attorney for the relevant jurisdiction.
            ``(3) Consultation.--In operating the unit established 
        under this subsection, the Attorney General shall, as 
        appropriate, consult with the Director of National 
        Intelligence, the Secretary of Homeland Security, and the 
        Secretary of State.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out the activities of 
        the unit established under this subsection $10,000,000 for 
        fiscal year 2021 and each succeeding fiscal year.''.

SEC. 3. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES.

    (a) Establishing Authority.--Section 8 of the Foreign Agents 
Registration Act of 1938, as amended (22 U.S.C. 618) is amended by 
inserting after subsection (c) the following new subsection:
    ``(d) Civil Money Penalties.--
            ``(1) Registration statements.--Whoever fails to file 
        timely or complete a registration statement as provided under 
        section 2(a) shall be subject to a civil money penalty of not 
        more than $10,000 per violation.
            ``(2) Supplements.--Whoever fails to file timely or 
        complete supplements as provided under section 2(b) shall be 
        subject to a civil money penalty of not more than $1,000 per 
        violation.
            ``(3) Other violations.--Whoever knowingly fails to--
                    ``(A) remedy a defective filing within 60 days 
                after notice of such defect by the Attorney General; or
                    ``(B) comply with any other provision of this Act,
        shall upon proof of such knowing violation by a preponderance 
        of the evidence, be subject to a civil money penalty of not 
        more than $200,000, depending on the extent and gravity of the 
        violation.
            ``(4) No fines paid by foreign principals.--A civil money 
        penalty paid under paragraph (1) may not be paid, directly or 
        indirectly, by a foreign principal.
            ``(5) Use of fines.--All civil money penalties collected 
        under this subsection shall be used to defray the cost of the 
        enforcement unit established under subsection (i).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 4. DISCLOSURE OF TRANSACTIONS INVOLVING THINGS OF FINANCIAL VALUE 
              CONFERRED ON OFFICEHOLDERS.

    (a) Requiring Agents To Disclose Known Transactions.--
            (1) In general.--Section 2(a) of the Foreign Agents 
        Registration Act of 1938, as amended (22 U.S.C. 612(a)) is 
        amended--
                    (A) by redesignating paragraphs (10) and (11) as 
                paragraphs (11) and (12); and
                    (B) by inserting after paragraph (9) the following 
                new paragraph:
            ``(10) To the extent that the registrant has knowledge of 
        any transaction which occurred in the preceding 60 days and in 
        which the foreign principal for whom the registrant is acting 
        as an agent conferred on a Federal or State officeholder any 
        thing of financial value, including a gift, profit, salary, 
        favorable regulatory treatment, or any other direct or indirect 
        economic or financial benefit, a detailed statement describing 
        each such transaction.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply with respect to statements filed on or after the 
        expiration of the 90-day period which begins on the date of the 
        enactment of this Act.
    (b) Supplemental Disclosure for Current Registrants.--Not later 
than the expiration of the 90-day period which begins on the date of 
the enactment of this Act, each registrant who (prior to the expiration 
of such period) filed a registration statement with the Attorney 
General under section 2(a) of the Foreign Agents Registration Act of 
1938, as amended (22 U.S.C. 612(a)) and who has knowledge of any 
transaction described in paragraph (10) of section 2(a) of such Act (as 
added by subsection (a)(1)) which occurred at any time during which the 
registrant was an agent of the foreign principal involved, shall file 
with the Attorney General a supplement to such statement under oath, on 
a form prescribed by the Attorney General, containing a detailed 
statement describing each such transaction.
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