Cutting Off Communist Profiteers Act

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 442 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cutting Off Communist Profiteers 
Act''.

SEC. 2. POST-EMPLOYMENT LIMITATIONS ON PRESIDENTIAL APPOINTEES WITH 
              RESPECT TO CHINA.

    Section 207 of title 18, United States Code, is amended--
            (1) by redesignating subsections (g) through (l) as 
        subsection (h) through (m), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Post-Employment Limitations on Presidential Appointees With 
Respect to China.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Chinese entity.--The term `Chinese entity' 
                means--
                            ``(i) the Government of the People's 
                        Republic of China;
                            ``(ii) the Chinese Communist Party;
                            ``(iii) an entity listed in accordance with 
                        section 1237(b) of the Strom Thurmond National 
                        Defense Authorization Act for Fiscal Year 1999 
                        (Public Law 105-261; 50 U.S.C. 1701 note);
                            ``(iv) an entity identified under section 
                        1260H of the William M. (Mac) Thornberry 
                        National Defense Authorization Act for Fiscal 
                        Year 2021 (Public Law 116-283; 134 Stat. 3965); 
                        and
                            ``(v) an entity based in the People's 
                        Republic of China that is included on the 
                        entity list maintained by the Bureau of 
                        Industry and Security of the Department of 
                        Commerce and set forth in Supplement No. 4 to 
                        part 744 of title 15, Code of Federal 
                        Regulations.''.
                    ``(B) Former presidential appointee.--The term 
                `Former presidential appointee' means an individual who 
                formerly served in a position in any department or 
                agency of the United States pursuant to an appointment 
                made by the President.
            ``(2) Prohibition.--A former Presidential appointee who--
                    ``(A) knowingly represents a Chinese entity before 
                any officer or employee of a department or agency of 
                the United States with the intent to influence a 
                decision of the officer or employee in carrying out the 
                official duties of the officer or employee; or
                    ``(B) knowingly aids or advises a Chinese entity 
                with the intent to influence a decision of any officer 
                or employee of a department or agency of the United 
                States in carrying out the official duties of the 
                officer or employee,
        shall be punished as provided in section 216.''.
                                 &lt;all&gt;
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