A bill to prohibit Presidential appointees from subsequently acting on behalf of the Government of the People's Republic of China, the Chinese Communist Party, and Chinese military companies.

II 117TH CONGRESS 1ST SESSION S. 2171 To prohibit Presidential appointees from subsequently acting on behalf of the Government of the People’s Republic of China, the Chinese Com- munist Party, and Chinese military companies. IN THE SENATE OF THE UNITED STATES JUNE 22, 2021 Mr. SASSE introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit Presidential appointees from subsequently acting on behalf of the Government 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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:06 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2171.IS S2171 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2171 IS SECTION 1. POST-EMPLOYMENT LIMITATIONS ON PRESI- 1 DENTIAL APPOINTEES WITH RESPECT TO 2 THE GOVERNMENT OF THE PEOPLE’S REPUB- 3 LIC OF CHINA, THE CHINESE COMMUNIST 4 PARTY, AND CHINESE MILITARY COMPANIES. 5 Section 207 of title 18, United States Code, is 6 amended by adding at the end the following: 7 ‘‘(m) RESTRICTIONS ON PRESIDENTIAL APPOINTEES 8 WITH RESPECT TO THE GOVERNMENT OF THE PEOPLE’S 9 REPUBLIC OF CHINA, THE CHINESE COMMUNIST PARTY, 10 AND CHINESE MILITARY COMPANIES.— 11 ‘‘(1) IN GENERAL.—In addition to the other re- 12 strictions set forth in this section, any person who 13 serves in a position pursuant to an appointment 14 made by the President and who knowingly, at any 15 time after the termination of his or her service in 16 the position— 17 ‘‘(A) represents an entity described in 18 paragraph (2) before any officer or employee of 19 any department or agency of the United States 20 with the intent to influence a decision of such 21 officer or employee in carrying out his or her 22 official duties; or 23 ‘‘(B) aids or advises an entity described in 24 paragraph (2) with the intent to influence a de- 25 cision of any officer or employee of any depart- 26 VerDate Sep 11 2014 05:06 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2171.IS S2171 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2171 IS ment or agency of the United States, in car- 1 rying out his or her official duties, 2 shall be punished as provided in section 216 of this 3 title. 4 ‘‘(2) ENTITIES.—An entity described in this 5 paragraph is any of the following: 6 ‘‘(A) The Government of the People’s Re- 7 public of China. 8 ‘‘(B) The Chinese Communist Party. 9 ‘‘(C) Any entity identified under section 10 1237(b) of the Strom Thurmond National De- 11 fense Authorization Act for Fiscal Year 1999 12 (Public Law 105–261; 50 U.S.C. 1701 note). 13 ‘‘(D) Any entity identified under section 14 1260H of the William M. (Mac) Thornberry 15 National Defense Authorization Act for Fiscal 16 Year 2021 (Public Law 116–283). 17 ‘‘(E) An entity based in the People’s Re- 18 public of China that is included on the entity 19 list maintained by the Bureau of Industry and 20 Security of the Department of Commerce and 21 set forth in Supplement No. 4 to part 744 of 22 title 15, Code of Federal Regulations.’’. 23 Æ VerDate Sep 11 2014 05:06 Jun 30, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S2171.IS S2171 kjohnson on DSK79L0C42PROD with BILLS