Page:United States Statutes at Large Volume 103 Part 2.djvu/712

 103 STAT. 1722 PUBLIC LAW 101-194—NOV. 30, 1989 "(M) the term 'Member of the leadership of the Senate' means the Vice President, and the President pro tempore, Deputy President pro tempore, majority leader, minority leader, majority whip, minority whip, chairman and sec- retary of the Conference of the Majority, chairman and secretary of the Conference of the Minority, chairman and ) co-chairman of the Majority Policy Committee, and chair- man of the Minority Policy Committee, of the Senate (or any similar position created after the effective date set forth in section 102(a) of the Ethics Reform Act of 1989). " (f) RESTRICTIONS RELATING TO FOREIGN ENTITIES.— "(1) RESTRICTIONS. — Any person who is subject to the restric- tions contained in subsection (c), (d), or (e) and who knowingly, within 1 year after leaving the position, office, or employment referred to in subsection (c), (d), or (e), as the case may be— "(A) represents the interests of a foreign entity before any officer or employee of any department or agency of the Government of the United States with the intent to influ- ence a decision of such officer or employee in carrying out his or her official duties, or "(B) aids or advises a foreign entity with the intent to influence a decision of any officer or employee of any department or agency of the Government of the United States, in carrying out his or her official duties, shall be punished as provided in section 216 of this title. "(2) DEFINITION.—For purposes of this subsection, the term 'foreign entity' means the government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended, or a foreign political party as defined in section 1(f) of that Act.". "(g) SPECIAL RULES FOR DETAILEES. —For purposes of this section, a person who is detailed from one department, agency, or other entity to another department, sigency, or other entity shall, during the period such person is detailed, be deemed to be an officer or em- ployee of both departments, agencies, or such entities. '(h) DESIGNATIONS OF SEPARATE STATUTORY AGENCIES AND BU- REAUS. — "(1) DESIGNATIONS. —For purposes of subsection (c) and except as provided in paragraph (2), whenever the Director of the Office of Government Ethics determines that an agency or V bureau within a department or agency in the executive branch exercises functions which are distinct and separate from the remaining functions of the department or gigency and that there exists no potential for use of undue influence or unfair advan- tage based on past Government service, the Director shall by rule designate such agency or bureau as a separate department or agency. On an annual basis the Director of the Office of Government Ethics shall review the designations and deter- minations made under this subparagraph and, in consultation with the department or agency concerned, make such additions and deletions as are necessary. Departments and agencies shall cooperate to the fullest extent with the Director of the Office of Government Ethics in the exercise of his or her responsibilities under this paragraph. "(2) INAPPLICABILITY OF DESIGNATIONS.— No agency or bureau within the Executive Office of the President may be designated under paragraph (1) as a separate department or agency. No

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