II 

118TH CONGRESS 

1ST SESSION S. 442 

To amend title 18, United States Code, to prohibit former Presidential appointees from acting on behalf of the Government of the People’s Republic of China, the Chinese Communist Party, and Chinese military companies. 

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 referred 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 Government of the People’s Republic of China, the Chinese 

Communist Party, and Chinese military companies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cutting Off Com5 munist Profiteers Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 442 IS

1 SEC. 2. POST-EMPLOYMENT LIMITATIONS ON PRESI2 DENTIAL APPOINTEES WITH RESPECT TO 

3 CHINA. 

4 Section 207 of title 18, United States Code, is 

5 amended— 

6 (1) by redesignating subsections (g) through (l) 

7 as subsection (h) through (m), respectively; and 

8 (2) by inserting after subsection (f) the fol9 lowing: 

10 ‘‘(g) POST-EMPLOYMENT LIMITATIONS ON PRESI11 DENTIAL APPOINTEES WITH RESPECT TO CHINA.— 

12 ‘‘(1) DEFINITIONS.—In this subsection: 

13 ‘‘(A) CHINESE ENTITY.—The term ‘Chi14 nese entity’ means— 

15 ‘‘(i) the Government of the People’s 

16 Republic of China; 

17 ‘‘(ii) the Chinese Communist Party; 

18 ‘‘(iii) an entity listed in accordance 

19 with section 1237(b) of the Strom Thur20 mond National Defense Authorization Act 

21 for Fiscal Year 1999 (Public Law 105– 

22 261; 50 U.S.C. 1701 note); 

23 ‘‘(iv) an entity identified under section 

24 1260H of the William M. (Mac) Thorn25 berry National Defense Authorization Act 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 442 IS

1 for Fiscal Year 2021 (Public Law 116– 

2 283; 134 Stat. 3965); and 

3 ‘‘(v) an entity based in the People’s 

4 Republic of China that is included on the 

5 entity list maintained by the Bureau of In6 dustry and Security of the Department of 

7 Commerce and set forth in Supplement 

8 No. 4 to part 744 of title 15, Code of Fed9 eral Regulations.’’. 

10 ‘‘(B) FORMER PRESIDENTIAL AP11 POINTEE.—The term ‘Former presidential ap12 pointee’ means an individual who formerly 

13 served in a position in any department or agen14 cy of the United States pursuant to an appoint15 ment made by the President. 

16 ‘‘(2) PROHIBITION.—A former Presidential ap17 pointee who— 

18 ‘‘(A) knowingly represents a Chinese entity 

19 before any officer or employee of a department 

20 or agency of the United States with the intent 

21 to influence a decision of the officer or em22 ployee in carrying out the official duties of the 

23 officer or employee; or 

24 ‘‘(B) knowingly aids or advises a Chinese 

25 entity with the intent to influence a decision of 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 442 IS

1 any officer or employee of a department or 

2 agency of the United States in carrying out the 

3 official duties of the officer or employee, 

4 shall be punished as provided in section 216.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS