[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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