US Codex
Bill
Notes

Title II — Limiting foreign influence

S. 1503 · 116th Congress · May 16, 2019 · Lineage

II Limiting foreign influence

Sec. 201 Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for Emoluments Clause purposes

(a)
Annual reports— Section 908 of title 37, United States Code, is amended—
(1)
by redesignating subsection (c) as subsection (d); and
(2)
by inserting after subsection (b) the following new subsection (c):

“(c) Annual reports on approvals for retired general and flag officers

“(1) Not later than January 31 each year, the Secretaries of the military departments shall jointly submit to the appropriate committees and Members of Congress a report on each approval under subsection (b) for employment or compensation described in subsection (a) for a retired member of the armed forces in a general or flag officer grade that was issued during the preceding year.

“(2) In this subsection, the appropriate committees and Members of Congress are—

“(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate;

“(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives;

“(C) the Majority Leader and the Minority Leader of the Senate; and

“(D) the Speaker of the House of Representatives and the Minority Leader of the House of Representatives.”

(b)
Scope of first report— The first report submitted pursuant to subsection (c) of section 908 of title 37, United States Code (as amended by subsection (a) of this section), after the date of the enactment of this Act shall cover the five-year period ending with the year before the year in which such report is submitted.

Sec. 202 Advising foreign governments

Section 207(f) of title 18, United States Code, is amended—
(1)
by redesignating paragraph (3) as paragraph (4); and
(2)
by inserting after paragraph (2) the following new paragraph:

“(3) Permanent restriction without prior approval

“(A) In general—Any person who has been employed as a senior official in the White House, the Department of State, the Department of Defense, or the Department of the Treasury who, without the explicit prior approval of the Secretary of State, performs compensated work for a foreign entity that might benefit from the knowledge obtained by the person as a result of such United States Government employment, shall be punished as provided in section 216 of this title.

“(B) Limitation on approval—The Secretary of State may not approve any work described in subparagraph (A) that conflicts with the national security interests of the United States, as determined by the Secretary and verified by the Director of National Intelligence.

“(C) Annual report—The Secretary of State shall submit an annual report listing all of the approvals under subparagraph (A) during the prior calendar year to the Committee on Foreign Relations of the Senate, the Committee on Armed Services of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives, the Committee on Armed Services of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives.”

Sec. 203 Ban on former military and civilian intelligence officers from foreign employment

(a)
In general— Except as provided in subsection (b), military and intelligence officers possessing a security clearance, upon separation from service or resignation, are prohibited from obtaining employment with a foreign government or a private company doing work predominantly on behalf of a foreign government.
(b)
Exemption—
(1)
In general— Employment with the Government of Australia, of Canada, of New Zealand, or of the United Kingdom is not subject to the prohibition under subsection (a).
(2)
Waivers— Individuals may seek and be granted a waiver by the Secretary of State for employment by any other foreign government. Such waiver will be presumptively granted in cases that ex-officers seek employment in jobs focused on humanitarian aid, development, or infrastructure improvement. Waivers for employment in other jobs shall be determined based on whether such employment would reasonably involve the use or disclosure or appropriation of sources, methods, or skills that could pose a threat to United States interests when employed by other countries or enable the repression of the nationals of such countries.