S442-118

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— by redesignating subsections (g) through (l) as subsection (h) through (m), respectively; and by inserting after subsection (f) the following: In this subsection: The term Chinese entity means— the Government of the People’s Republic of China; the Chinese Communist Party; 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); 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 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.”. 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. A former Presidential appointee who— 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 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, (g)Post-Employment limitations on Presidential appointees with respect to China(1)DefinitionsIn this subsection:(A)Chinese entityThe 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 appointeeThe 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)ProhibitionA 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..