I

104TH CONGRESS

2D SESSION H. R. 3434

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, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 1996

Mr. CANADY of Florida (for himself, Mr. FRANK of Massachusetts, Mr. ZIMMER, Ms. KAPTUR, Mr. UPTON, and Mr. ENGLISH of Pennsylvania) 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, and for other purposes.

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 ‘‘Revolving Door Act

5 of 1996’’.
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1 SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CER2 TAIN FOREIGN ENTITIES.

3 (a) AMENDMENT TO TITLE 18.—Section 207(f) of

4 title 18, United States Code, is amended to read as fol5 lows:

6 ‘‘(f) RESTRICTIONS RELATING TO FOREIGN ENTI7 TIES.—

8 ‘‘(1) TEN-YEAR RESTRICTION.—Any person

9 who is an officer or employee described in paragraph

10 (3) and who, within 10 years after the termination

11 of the employee’s service or employment as such offi12 cer or employee, knowingly acts as an agent or at13 torney for or otherwise represents or advises, for

14 compensation, a government of a foreign country or

15 a foreign political party, if the representation or ad16 vice relates directly to a matter in which the United

17 States is a party or has a direct and substantial in18 terest, shall be punished as provided in section 216

19 of this title.

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

21 who is an officer or employee described in paragraph

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

23 his or her service or employment as such officer or

24 employee, knowingly acts as an agent or attorney for

25 or otherwise represents or advises, for compensa26 tion—
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1 ‘‘(A) a person outside of the United States,

2 unless such person—

3 ‘‘(i) if an individual, is a citizen of

4 and domiciled within the United States, or

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

6 under or created by the laws of the United

7 States or of any State or other place sub8 ject to the jurisdiction of the United States

9 and has its principal place of business

10 within the United States, or

11 ‘‘(B) a partnership, association, corpora12 tion, organization, or other combination of per13 sons organized under the laws of or having its

14 principal place of business in a foreign country,

15 if the representation or advice relates directly to a

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

17 a direct and substantial interest, shall be punished

18 as provided in section 216 of this title.

19 ‘‘(3) PERSONS TO WHOM RESTRICTIONS

20 APPLY.—The officers and employees referred to in

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

22 contained in such paragraphs apply are—

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

24 and
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1 ‘‘(B) any person subject to the restrictions

2 contained in subsection (c), (d), or (e).

3 ‘‘(4) DEFINITIONS.—For purposes of this sub4 section—

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

6 payment, gift, benefit, reward, favor, or gratu7 ity which is provided, directly or indirectly, for

8 services rendered;

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

10 country’ has the meaning given that term in

11 section 1(e) of the Foreign Agents Registration

12 Act of 1938 (22 U.S.C. 611(e));

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

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

15 the Foreign Agents Registration Act of 1938

16 (22 U.S.C 611(f));

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

18 several States, the District of Columbia, and

19 any commonwealth, territory, or possession of

20 the United States; and

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

22 of Columbia and any commonwealth, territory,

23 or possession of the United States.’’.

24 (b) EFFECTIVE DATE.—
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1 (1) GENERAL RULE.—Except as provided in

2 paragraph (2), the amendment made by subsection

3 (a) take effect on January 1, 1997.

4 (2) APPLICATION.—The amendment made by

5 subsection (a) does not apply to a person whose

6 service as an officer or employee to which such

7 amendment applies terminated before the effective

8 date of such amendment.

9 SEC. 3. CROSS-OVER LOBBYING.

10 (a) EXECUTIVE BRANCH.—Section 207(d) of title 18,

11 United States Code, is amended by adding at the end the

12 following:

13 ‘‘(3) ADDITIONAL RESTRICTION.—Any person who is

14 a former officer or employee of the executive branch of

15 the United States, who is subject to subsection (c) or para16 graphs (1) and (2) of this subsection, and who, within 1

17 year after the date of the termination of such officer or

18 employee’s service or employment with the United States,

19 knowingly makes, with intent to influence, any commu20 nication to or appearance before any Member of Congress

21 or officer or employee of the legislative branch of the Unit22 ed States on behalf of any other person (other than the

23 United States or the District of Columbia) shall be pun24 ished as provided in section 216.’’.
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1 (b) LEGISLATIVE BRANCH.—Section 207(e) of title

2 18, United States Code, is amended by redesignating

3 paragraph (7) as paragraph (8) and by adding after para4 graph (6) the following:

5 ‘‘(7) ADDITIONAL RESTRICTION.—Any former Mem6 ber of Congress and any former employee of the House

7 of Representatives or Senate whose salary was greater

8 than 120 percent of the minimum rate of basic pay pay9 able for GS–15 of the General Schedule (at the time of

10 the employee’s termination of employment) who, within 1

11 year after the date of the termination of the service of

12 the Member of Congress or the employment of such em13 ployee by the House of Representatives or Senate, know14 ingly makes, with intent to influence, any communication

15 to or appearance before any officer or employee of the ex16 ecutive branch of the United States on behalf of any other

17 person (other than the United States or the District of

18 Columbia) shall be punished as provided in section 216.’’.

19 SEC. 4. FELONS.

20 Section 207 of title 18, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(l) Any—

23 ‘‘(1) former Member of Congress,

24 ‘‘(2) any former employee of the House of Rep25 resentatives or Senate whose salary was greater than
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1 120 percent of the minimum rate of basic pay pay2 able for GS–15 of the General Schedule (at the time

3 of the employee’s termination of employment), and

4 ‘‘(3) any employee of the executive branch of

5 the United States who is subject to subsection (c) or

6 (d),

7 who is convicted of a felony may not, for compensation,

8 make any communication to or appearance before any em9 ployee of the House of Representatives or Senate or officer

10 or employee of the executive branch of the United

11 States.’’.

12 SEC. 5. EXEMPTION BASED ON REGISTRATION UNDER LOB13 BYING ACT.

14 Section 3(h) of the Foreign Agents Registration Act

15 (22 U.S.C. 613(h)) is amended by striking ‘‘is required

16 to register and does register’’ and inserting ‘‘has engaged

17 in lobbying activities and has registered’’..

18 SEC. 6. CIVIL PENALTIES.

19 Section 8(a) of the Foreign Agents Registration Act

20 (22 U.S.C. 618) is amended—

21 (1) by adding at the end the following: ‘‘Such

22 a person shall also be subject to a civil penalty of

23 not more than $50,000 for each such violation which

24 is knowingly committed.’’; and
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1 (2) in paragraph (1), by moving the matter be2 ginning with ‘‘shall, upon conviction thereof,’’ one

3 em to the left.

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