I

104TH CONGRESS

1ST SESSION H. R. 2498

To amend section 207 of title 18, United States Code, to further restrict

Federal officers and employees from representing or advising foreign

entities after leaving Government service.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 18, 1995

Ms. KAPTUR introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend section 207 of title 18, United States Code, to

further restrict Federal officers and employees from

representing or advising foreign entities after leaving

Government service.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Foreign Agents Com5 pulsory Ethics in Trade Act of 1993’’.
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1 SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CER2 TAIN FOREIGN ENTITIES.

3 Section 207(f) of title 18, United States Code, is

4 amended to read as follows:

5 ‘‘(f) RESTRICTIONS RELATING TO FOREIGN ENTI6 TIES.—

7 ‘‘(1) PERMANENT RESTRICTION.—Any person

8 who is an officer or employee described in paragraph

9 (3) and who, after the termination of his or her

10 service or employment as such officer or employee,

11 knowingly acts as an agent or attorney for or other12 wise represents or advises, for compensation, a gov13 ernment of a foreign country or a foreign political

14 party, if the representation or advice relates directly

15 to a matter in which the United States is a party

16 or has a direct and substantial interest, shall be

17 punished as provided in section 216 of this title.

18 ‘‘(2) FIVE-YEAR RESTRICTION.—Any person

19 who is an officer or employee described in paragraph

20 (3) and who, within 5 years after the termination of

21 his or her service or employment as such officer or

22 employee, knowingly acts as an agent or attorney for

23 or otherwise represents or advises, for compensa24 tion—

25 ‘‘(A) a person outside of the United States,

26 unless such person—
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1 ‘‘(i) if an individual, is a citizen of

2 and domiciled within the United States, or

3 ‘‘(ii) if not an individual, is organized

4 under or created by the laws of the United

5 States or of any State or other place sub6 ject to the jurisdiction of the United States

7 and has its principal place of business

8 within the United States, or

9 ‘‘(B) a partnership, association, corpora10 tion, organization, or other combination of per11 sons organized under the laws of or having its

12 principal place of business in a foreign country,

13 if the representation or advice relates directly to a

14 matter in which the United States is a party or has

15 a direct and substantial interest, shall be punished

16 as provided in section 216 of this title.

17 ‘‘(3) PERSONS TO WHOM RESTRICTIONS

18 APPLY.—The officers and employees referred to in

19 paragraphs (1) and (2) to whom the restrictions

20 contained in such paragraphs apply are—

21 ‘‘(A) the President of the United States;

22 and

23 ‘‘(B) any person subject to the restrictions

24 contained in subsection (c), (d), or (e).
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1 ‘‘(4) DEFINITIONS.—For purposes of this sub2 section—

3 ‘‘(A) the term ‘compensation’ means any

4 payment, gift, benefit, reward, favor, or gratu5 ity which is provided, directly or indirectly, for

6 services rendered;

7 ‘‘(B) the term ‘government of a foreign

8 country’ has the meaning given that term in

9 section 1(e) of the Foreign Agents Registration

10 Act of 1938, as amended;

11 ‘‘(C) the term ‘foreign political party’ has

12 the meaning given that term in section 1(f) of

13 the Foreign Agents Registration Act of 1938,

14 as amended;

15 ‘‘(D) the term ‘United States’ means the

16 several States, the District of Columbia, and

17 any commonwealth, territory, or possession of

18 the United States; and

19 ‘‘(E) the term ‘State’ includes the District

20 of Columbia and any commonwealth, territory,

21 or possession of the United States.’’.

22 SEC. 3. EFFECTIVE DATE.

23 (a) IN GENERAL.—Subject to subsection (b), this Act

24 and the amendments made by this Act take effect on

25 January 1, 1996.
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1 (b) EFFECT ON EMPLOYMENT.—(1) The amend2 ments made by this Act do not, except as provided in para3 graph (2), apply to a person whose service as an officer

4 or employee to which such amendments apply terminated

5 before the effective date of such amendments.

6 (2) Paragraph (1) does not preclude the application

7 of the amendments made by this Act to a person with re8 spect to service as an officer or employee by that person

9 on or after the effective date of such amendments.

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