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S. 442: Cutting Off Communist Profiteers Act

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The text of the bill below is as of Feb 15, 2023 (Introduced).

II

118th CONGRESS

1st Session

S. 442

IN THE SENATE OF THE UNITED STATES

February 15, 2023

(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.

Short title

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

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.

.