[Congressional Record Volume 168, Number 152 (Wednesday, September 21, 2022)]
[Senate]
[Page S4937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5568. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED 
                   OFFICIALS AT THE DEPARTMENT OF STATE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) Congress and the executive branch have recognized the 
     importance of preventing and mitigating the potential for 
     conflicts of interest following government service, including 
     with respect to senior United States officials working on 
     behalf of foreign governments; and
       (2) Congress and the executive branch should jointly 
     evaluate the status and scope of post-employment 
     restrictions.
       (b) Restrictions.--Section 1 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a) is amended by 
     adding at the end the following:
       ``(m) Extended Post-employment Restrictions for Certain 
     Senate-confirmed Officials.--
       ``(1) Secretary of state and deputy secretary of state.--
     With respect to a person serving as the Secretary of State or 
     Deputy Secretary of State, the restrictions described in 
     section 207(f)(1) of title 18, United States Code, shall 
     apply to representing, aiding, or advising a foreign 
     governmental entity before an officer or employee of the 
     executive branch of the United States at any time after the 
     termination of that person's service as Secretary or Deputy 
     Secretary.
       ``(2) Under secretaries, assistant secretaries, and 
     ambassadors.--With respect to a person serving as an Under 
     Secretary, Assistant Secretary, or Ambassador at the 
     Department of State or the United States Permanent 
     Representative to the United Nations, the restrictions 
     described in section 207(f)(1) of title 18, United States 
     Code, shall apply to representing, aiding, or advising a 
     foreign governmental entity before an officer or employee of 
     the executive branch of the United States for 3 years after 
     the termination of that person's service in a position 
     described in this paragraph, or the duration of the term or 
     terms of the President who appointed that person to their 
     position, whichever is longer.
       ``(3) Enhanced restrictions for post-employment work on 
     behalf of certain countries of concern.--
       ``(A) In general.--With respect to all former officials 
     listed in this subsection, the restrictions described in 
     paragraphs (1) and (2) shall apply to representing, aiding, 
     or advising a country of concern described in subparagraph 
     (B) before an officer or employee of the executive branch of 
     the United States at any time after the termination of that 
     person's service in a position described in paragraph (1) or 
     (2).
       ``(B) Countries specified.--In this paragraph, the term 
     `country of concern' means--
       ``(i) the People's Republic of China;
       ``(ii) the Russian Federation;
       ``(iii) the Islamic Republic of Iran;
       ``(iv) the Democratic People's Republic of Korea;
       ``(v) the Republic of Cuba; and
       ``(vi) the Syrian Arab Republic.
       ``(4) Penalties and injunctions.--Any violations of the 
     restrictions in paragraphs (1) or (2) shall be subject to the 
     penalties and injunctions provided for under section 216 of 
     title 18, United States Code.
       ``(5) Definitions.--In this subsection:
       ``(A) Foreign government entity.--The term `foreign 
     governmental entity' includes--
       ``(i) any person employed by--

       ``(I) any department, agency, or other entity of a foreign 
     government at the national, regional, or local level;
       ``(II) any governing party or coalition of a foreign 
     government at the national, regional, or local level; or
       ``(III) any entity majority-owned or majority-controlled by 
     a foreign government at the national, regional, or local 
     level; and

       ``(ii) in the case of a country described in paragraph 
     (3)(B), any company, economic project, cultural organization, 
     exchange program, or nongovernmental organization that is 
     more than 33 percent owned or controlled by the government of 
     such country.
       ``(B) Representation.--The term `representation' does not 
     include representation by an attorney, who is duly licensed 
     and authorized to provide legal advice in a United States 
     jurisdiction, of a person or entity in a legal capacity or 
     for the purposes of rendering legal advice.
       ``(6) Notice of restrictions.--Any person subject to the 
     restrictions of this subsection shall be provided notice of 
     these restrictions by the Department of State upon 
     appointment by the President, and subsequently upon 
     termination of service with the Department of State.
       ``(7) Effective date.--The restrictions under this 
     subsection shall apply only to persons who are appointed by 
     the President to the positions referenced in this subsection 
     on or after 120 days after the date of the enactment of this 
     subsection.
       ``(8) Sunset.--The enhanced restrictions under paragraph 
     (3) shall expire on the date that is 7 years after the date 
     of the enactment of this subsection.''.
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