What This Bill Does
This bill would make it illegal for former presidential appointees to represent or advise Chinese government entities, the Chinese Communist Party, or Chinese military companies when trying to influence decisions made by U.S. government officials. The bill amends federal law to create new criminal penalties for this conduct.
Who It Affects
- Former presidential appointees (people who previously held U.S. government positions appointed by the President)
- The Chinese government, Chinese Communist Party, and Chinese military companies
- U.S. government departments and agencies
Key Provisions
- A former presidential appointee cannot knowingly represent a Chinese entity before any U.S. government officer or employee with the intent to influence their official decisions (Sec. 2)
- A former presidential appointee cannot knowingly aid or advise a Chinese entity with the intent to influence U.S. government officials' decisions (Sec. 2)
- The bill defines "Chinese entity" to include the Government of the People's Republic of China, the Chinese Communist Party, certain entities listed in other federal laws, and entities included on the Department of Commerce entity list (Sec. 2)
What Changes
If this becomes law, former presidential appointees who knowingly represent or advise Chinese entities with intent to influence U.S. government decisions would face criminal punishment as provided under existing federal criminal law.
Important Definitions
- "Former Presidential Appointee": An individual who previously held a position in a U.S. government department or agency through appointment by the President (Sec. 2)
- "Chinese Entity": Five categories listed including the Chinese government, Chinese Communist Party, and certain entities on federal government lists (Sec. 2)
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 442
To amend title 18, United States Code, to prohibit former Presidential ap-
pointees from acting on behalf of the Government of the People’s Repub-
lic of China, the Chinese Communist Party, and Chinese military compa-
nies.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 15, 2023
Mr. BARRASSO (for himself, Ms. LUMMIS, Mr. BRAUN, Mr. HAGERTY, and
Mrs. BRITT) introduced the following bill; which was read twice and re-
ferred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to prohibit former
Presidential appointees from acting on behalf of the Gov-
ernment of the People’s Republic of China, the Chinese
Communist Party, and Chinese military companies.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Cutting Off Com-
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munist Profiteers Act’’.
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•S 442 IS
SEC.
2.
POST-EMPLOYMENT
LIMITATIONS
ON
PRESI-
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DENTIAL APPOINTEES WITH RESPECT TO
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CHINA.
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Section 207 of title 18, United States Code, is
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amended—
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(1) by redesignating subsections (g) through (l)
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as subsection (h) through (m), respectively; and
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(2) by inserting after subsection (f) the fol-
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lowing:
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‘‘(g) POST-EMPLOYMENT LIMITATIONS
ON PRESI-
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DENTIAL APPOINTEES WITH RESPECT TO CHINA.—
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‘‘(1) DEFINITIONS.—In this subsection:
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‘‘(A) CHINESE
ENTITY.—The term ‘Chi-
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nese entity’ means—
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‘‘(i) the Government of the People’s
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Republic of China;
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‘‘(ii) the Chinese Communist Party;
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‘‘(iii) an entity listed in accordance
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with section 1237(b) of the Strom Thur-
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mond National Defense Authorization Act
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for Fiscal Year 1999 (Public Law 105–
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261; 50 U.S.C. 1701 note);
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‘‘(iv) an entity identified under section
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1260H of the William M. (Mac) Thorn-
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berry National Defense Authorization Act
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•S 442 IS
for Fiscal Year 2021 (Public Law 116–
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283; 134 Stat. 3965); and
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‘‘(v) an entity based in the People’s
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Republic of China that is included on the
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entity list maintained by the Bureau of In-
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dustry and Security of the Department of
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Commerce and set forth in Supplement
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No. 4 to part 744 of title 15, Code of Fed-
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eral Regulations.’’.
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‘‘(B)
FORMER
PRESIDENTIAL
AP-
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POINTEE.—The term ‘Former presidential ap-
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pointee’ means an individual who formerly
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served in a position in any department or agen-
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cy of the United States pursuant to an appoint-
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ment made by the President.
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‘‘(2) PROHIBITION.—A former Presidential ap-
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pointee who—
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‘‘(A) knowingly represents a Chinese entity
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before any officer or employee of a department
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or agency of the United States with the intent
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to influence a decision of the officer or em-
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ployee in carrying out the official duties of the
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officer or employee; or
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‘‘(B) knowingly aids or advises a Chinese
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entity with the intent to influence a decision of
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any officer or employee of a department or
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agency of the United States in carrying out the
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official duties of the officer or employee,
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shall be punished as provided in section 216.’’.
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Æ
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