Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the Department of State
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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 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended by adding at the end the following:
In this subsection: The term country of concern means— the People’s Republic of China; the Russian Federation; the Islamic Republic of Iran; the Democratic People’s Republic of Korea; the Republic of Cuba; and the Syrian Arab Republic. 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; and in the case of a country of concern, 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.
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. With respect to a person serving as the Secretary of State or the Deputy Secretary of State, the restrictions described in section 207(f)(1) of title 18, United States Code, shall apply to any such person who knowingly represents, aids, or advises a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such 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 as 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 any such person who knowingly represents, aids, or advises— a foreign governmental entity before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties for 3 years after the termination of such 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; or a foreign governmental entity of a country of concern before an officer or employee of the executive branch of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties at any time after the termination of such person’s service in a position described in this paragraph.
Any violations of the restrictions under paragraphs
(2)or
(3)shall be subject to the penalties and injunctions provided for under section 216 of title 18, United States Code. Any person subject to the restrictions under this subsection shall be provided notice of these restrictions by the Department of State— upon appointment by the President; and upon termination of service with the Department of State. 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 the Department of State Authorization Act of 2022 . The restrictions under this subsection shall expire on the date that is 5 years after the date of the enactment of the Department of State Authorization Act of 2022 . .
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Sec. 9215
Post-employment restrictions on Senate-confirmed officials at the Department of State
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