What it changes

1 change to S.Amdt. 5499 · shown in S.Amdt. 5499's text

Adds a section
  1. Adds SEC. 1077. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF STATE at the end of subtitle G of title X

    Adds a section

    In S.Amdt. 5499 as proposed

    (2) as a recognition of Senator Inhofe's long history of engaging with, and advocating for, Africa, the Department of Defense Africa Center for Strategic Studies should be renamed the James M. Inhofe Center for Africa Strategic Studies.

    Inserted: SEC. 1077. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF STATE.

    Inserted: (a) Sense of Congress.--It is the sense of Congress that--

    Inserted: (1) Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following government service, including with respect to senior United States officials working on behalf of foreign governments; and

    Inserted: (2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.

    Inserted: (b) Restrictions.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following:

    Inserted: "(m) Extended Post-employment Restrictions for Certain Senate-confirmed Officials.--

    Inserted: "(1) Secretary of state and deputy secretary of state.--With respect to a person serving as the Secretary of State or Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States at any time after the termination of that person's service as Secretary or Deputy Secretary.

    Inserted: "(2) Under secretaries, assistant secretaries, and ambassadors.--With respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States for 3 years after the termination of that person's service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer.

    Inserted: "(3) Enhanced restrictions for post-employment work on behalf of certain countries of concern.--

    Inserted: "(A) In general.--With respect to all former officials listed in this subsection, the restrictions described in paragraphs (1) and (2) shall apply to representing, aiding, or advising a country of concern described in subparagraph (B) before an officer or employee of the executive branch of the United States at any time after the termination of that person's service in a position described in paragraph (1) or (2).

    Inserted: "(B) Countries specified.--In this paragraph, the term 'country of concern' means--

    Inserted: "(i) the People's Republic of China;

    Show 17 more inserted paragraphs

    Inserted: "(ii) the Russian Federation;

    Inserted: "(iii) the Islamic Republic of Iran;

    Inserted: "(iv) the Democratic People's Republic of Korea;

    Inserted: "(v) the Republic of Cuba; and

    Inserted: "(vi) the Syrian Arab Republic.

    Inserted: "(4) Penalties and injunctions.--Any violations of the restrictions in paragraphs (1) or (2) shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code.

    Inserted: "(5) Definitions.--In this subsection:

    Inserted: "(A) Foreign government entity.--The term 'foreign governmental entity' includes--

    Inserted: "(i) any person employed by--

    Inserted: "(I) any department, agency, or other entity of a foreign government at the national, regional, or local level;

    Inserted: "(II) any governing party or coalition of a foreign government at the national, regional, or local level; or

    Inserted: "(III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and

    Inserted: "(ii) in the case of a country described in paragraph (3)(B), any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country.

    Inserted: "(B) Representation.--The term 'representation' does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice.

    Inserted: "(6) Notice of restrictions.--Any person subject to the restrictions of this subsection shall be provided notice of these restrictions by the Department of State upon appointment by the President, and subsequently upon termination of service with the Department of State.

    Inserted: "(7) Effective date.--The restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after the date of the enactment of this subsection.

    Inserted: "(8) Sunset.--The enhanced restrictions under paragraph (3) shall expire on the date that is 7 years after the date of the enactment of this subsection.".

    Original wording

    At the end of subtitle G of title X, add the following:

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As printed

SA 5568. Mr. CARDIN submitted an amendment intended to be proposed to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1077. POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF STATE.

(a) Sense of Congress.--It is the sense of Congress that--

(1) Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following government service, including with respect to senior United States officials working on behalf of foreign governments; and

(2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.

(b) Restrictions.--Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following:

“(m) Extended Post-employment Restrictions for Certain Senate-confirmed Officials.--

“(1) Secretary of state and deputy secretary of state.--With respect to a person serving as the Secretary of State or Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States at any time after the termination of that person's service as Secretary or Deputy Secretary.

“(2) Under secretaries, assistant secretaries, and ambassadors.--With respect to a person serving as an Under Secretary, Assistant Secretary, or Ambassador at the Department of State or the United States Permanent Representative to the United Nations, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to representing, aiding, or advising a foreign governmental entity before an officer or employee of the executive branch of the United States for 3 years after the termination of that person's service in a position described in this paragraph, or the duration of the term or terms of the President who appointed that person to their position, whichever is longer.

“(3) Enhanced restrictions for post-employment work on behalf of certain countries of concern.--

“(A) In general.--With respect to all former officials listed in this subsection, the restrictions described in paragraphs (1) and (2) shall apply to representing, aiding, or advising a country of concern described in subparagraph (B) before an officer or employee of the executive branch of the United States at any time after the termination of that person's service in a position described in paragraph (1) or (2).

“(B) Countries specified.--In this paragraph, the term ‘country of concern' means--

“(i) the People's Republic of China;

“(ii) the Russian Federation;

“(iii) the Islamic Republic of Iran;

“(iv) the Democratic People's Republic of Korea;

“(v) the Republic of Cuba; and

“(vi) the Syrian Arab Republic.

“(4) Penalties and injunctions.--Any violations of the restrictions in paragraphs (1) or (2) shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code.

“(5) Definitions.--In this subsection:

“(A) Foreign government entity.--The term ‘foreign governmental entity' includes--

“(i) any person employed by--

“(I) any department, agency, or other entity of a foreign government at the national, regional, or local level;

“(II) any governing party or coalition of a foreign government at the national, regional, or local level; or

“(III) any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level; and

“(ii) in the case of a country described in paragraph (3)(B), any company, economic project, cultural organization, exchange program, or nongovernmental organization that is more than 33 percent owned or controlled by the government of such country.

“(B) Representation.--The term ‘representation' does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice.

“(6) Notice of restrictions.--Any person subject to the restrictions of this subsection shall be provided notice of these restrictions by the Department of State upon appointment by the President, and subsequently upon termination of service with the Department of State.

“(7) Effective date.--The restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after 120 days after the date of the enactment of this subsection.

“(8) Sunset.--The enhanced restrictions under paragraph (3) shall expire on the date that is 7 years after the date of the enactment of this subsection.”.

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Senate amendment submitted

September 21, 2022