Sec. 3139. Post-employment restrictions on Senate-confirmed officials at the Department of State
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/bill/117/hr/4521/eas/section-3139·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of Congress that— 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 Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions. Section 841 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended by adding at the end the following new subsection:
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. 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.
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. In this subsection: The term foreign governmental entity includes any person employed by— any department, agency, or other entity of a foreign government at the national, regional, or local level; any governing party or coalition of a foreign government at the national, regional, or local level; or any entity majority-owned or majority-controlled by a foreign government at the national, regional, or local level. 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. The restrictions in 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 the Strategic Competition Act of 2021. 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. .
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Sec. 3139
Post-employment restrictions on Senate-confirmed officials at the Department of State
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