I

104TH CONGRESS

1ST SESSION H. R. 1576

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

on former executive and legislative branch officials and employees, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1995

Mr. ZIMMER (for himself, Mr. MEEHAN, Mr. BARRETT of Wisconsin, Mr. CASTLE, Mr. DEAL of Georgia, Mr. DICKEY, Mr. KLUG, Mr. MCHALE, Mr.

MINGE, Mr. SHAYS, and Mrs. WALDHOLTZ) introduced the following bill;

which was referred to the Committee on the Judiciary, and in addition

to the Committees on House Oversight and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of

such provisions as fall within the jurisdiction of the committee concerned

A BILL

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

tighten restrictions on former executive and legislative

branch officials and employees, 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 1995’’.
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1 SEC. 2. SPECIAL RULES.

2 (a) IN GENERAL.—Section 207(d) of title 18, United

3 States Code, is amended by adding at the end thereof the

4 following:

5 ‘‘(3) ADDITIONAL RESTRICTIONS.—

6 ‘‘(A) LOBBYING LEGISLATIVE BRANCH BY

7 EXECUTIVE BRANCH OFFICIALS AND AP8 POINTEES.—In addition to the restrictions set

9 forth in subsections (a), (b), and (c) and para10 graph (1) of this subsection, any person who—

11 ‘‘(i)(I)) serves in the position of Presi12 dent or Vice President of the United

13 States, or

14 ‘‘(II) serves in a position in an execu15 tive agency (including the Executive Office

16 of the President) on a full-time basis and

17 whose rate of basic pay is not less than

18 $70,000 (adjusted for any COLA after the

19 date of enactment of the Revolving Door

20 Act of 1995), and

21 ‘‘(ii) is not an appointee of the senior

22 foreign service or solely an appointee as a

23 uniformed service commissioned officer,

24 and who, during the 2 years after termination

25 of service or employment as such an official or

26 appointee, knowingly makes, with the intent to
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1 influence, any communication to or appearance

2 before any Member, officer, or employee of ei3 ther House of Congress or any employee of any

4 other legislative office of Congress on behalf of

5 any other person (except the United States) in

6 connection with any matter on which such

7 former official or appointee seeks action by

8 such a Member or officer or employee acting in

9 the Member’s, officer’s, or employee’s official

10 capacity shall be punished as provided in sec11 tion 216 of this title.

12 ‘‘(B) LOBBYING LEGISLATIVE BRANCH BY

13 FORMER MEMBERS.—In addition to the restric14 tions set forth in subsections (a), (b), and (c)

15 and paragraph (1) of this subsection, any per16 son who is a Member of Congress and who—

17 ‘‘(i) during the 2 year period after

18 termination of such service, knowingly

19 makes, with the intent to influence, any

20 communication to or appearance before

21 any Member, officer, or employee of either

22 House of Congress or any employee of any

23 other legislative office of Congress on be24 half of any other person (except the United

25 States) in connection with any matter on
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1 which such former Member seeks action by

2 such a Member or officer or employee act3 ing in the Member’s, officer’s, or employ4 ee’s official capacity, or

5 ‘‘(ii) during the 5 year period after

6 termination of such service, knowingly

7 makes, with the intent to influence, any

8 communication to or appearance before

9 any Member or employee of the House of

10 Congress in which such former Member

11 served who is a member of or employed by

12 the committee on which such former Mem13 ber served on behalf of any other person

14 (except the United States) in connection

15 with any matter on which such former

16 Member seeks action by such a Member or

17 employee acting in the Member’s or em18 ployee’s official capacity

19 shall be punished as provided in section 216 of

20 this title.

21 ‘‘(C) LOBBYING LEGISLATIVE BRANCH BY

22 FORMER LEGISLATIVE EMPLOYEES.—In addi23 tion to the restrictions set forth in subsections

24 (a), (b), and (c) and paragraph (1) of this sub25 section—
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1 ‘‘(i) any person who is an officer or

2 employee of either House of Congress em3 ployed in a position at a rate of pay equal

4 to or greater than $70,000 (adjusted for

5 any COLA after the date of enactment of

6 the Revolving Door Act of 1995) and who

7 during the 2 year period after termination

8 of such service, knowingly makes, with the

9 intent to influence, any communication to

10 or appearance before any Member, officer,

11 or employee of either House of Congress or

12 any employee of any other legislative office

13 of Congress on behalf of any other person

14 (except the United States) in connection

15 with any matter on which such former offi16 cer or employee seeks action by such a

17 Member or officer or employee acting in

18 the Member’s, officer’s, or employee’s offi19 cial capacity, or

20 ‘‘(ii) any person who was an employee

21 of either House of Congress employed in a

22 position at a rate of pay equal to or great23 er than $70,000 (adjusted for any COLA

24 after the date of enactment of the Revolv25 ing Door Act of 1995) and who during the
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1 5 year period after termination of such

2 service, knowingly makes, with the intent

3 to influence, any communication to or ap4 pearance before any Member or employee

5 of the House of Congress in which such

6 former employee served who is a member

7 of or employed by the committee which

8 employed such former employee on behalf

9 of any other person (except the United

10 States) in connection with any matter on

11 which such former employee seeks action

12 by such a Member or employee acting in

13 the Member’s or employee’s official capac14 ity

15 shall be punished as provided in section 216 of

16 this title.

17 ‘‘(D) LOBBYING THE EXECUTIVE BRANCH

18 BY FORMER MEMBERS OR FORMER LEGISLA19 TIVE EMPLOYEES.—In addition to the restric20 tions set forth in subsections (a), (b), and (c)

21 and paragraph (1) of this subsection, any per22 son who is described in subparagraph (B) or

23 (C) and who during the 2 years after termi24 nation of service as a Member or employee,

25 knowingly makes, with the intent to influence,
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1 any communication to or appearance before any

2 officer or employee of a department or agency

3 on behalf of any other person (except the Unit4 ed States) in connection with any matter on

5 which such former Member or employee seeks

6 official action by any officer or employee of

7 such department or agency, shall be punished

8 as provided in section 216 of this title.

9 ‘‘(E) LOBBYING THE EXECUTIVE BRANCH

10 BY EXECUTIVE BRANCH OFFICIALS AND EM11 PLOYEES.—In addition to the restrictions set

12 forth in subsections (a), (b), and (c) and para13 graph (1) of this subsection, any person who—

14 ‘‘(i)(I)) serves in the position of Presi15 dent or Vice President of the United

16 States, or

17 ‘‘(II) serves in a position in an execu18 tive agency (including the Executive Office

19 of the President) on a full-time basis and

20 whose rate of basic pay is not less than

21 $70,000 (adjusted for any COLA after the

22 date of enactment of the Revolving Door

23 Act of 1995), and
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1 ‘‘(ii) is not an appointee of the senior

2 foreign service or solely an appointee as a

3 uniformed service commissioned officer,

4 and who, during the 2 years after termination

5 of service or employment as such an official or

6 appointee, knowingly makes, with the intent to

7 influence, any communication to or appearance

8 before any officer or employee of a department

9 or agency, during the period beginning on the

10 termination of service or employment as such

11 officer or employee and ending 2 years after the

12 termination of service in the department or

13 agency, on behalf of any other person (except

14 the United States), in connection with any mat15 ter on which such person seeks official action by

16 any officer or employee of such department or

17 agency, shall be punished as provided in section

18 216 of this title.

19 ‘‘(F) LOBBYING A PARTICULAR DEPART20 MENT OR AGENCY BY EXECUTIVE BRANCH OF21 FICIALS AND EMPLOYEES.—In addition to the

22 restrictions set forth in subsections (a), (b), and

23 (c) and paragraph (1) of this subsection, any

24 person who is described in subparagraph (E)

25 and who, during the 5 years after termination
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1 of service or employment as such an official or

2 appointee, knowingly makes, with the intent to

3 influence, any communication to or appearance

4 before any officer or employee of a department

5 or agency, in which such person served within

6 5 years before such termination, during the pe7 riod beginning on the termination of service or

8 employment as such officer or employee and

9 ending 5 years after the termination of service

10 in the department or agency, on behalf of any

11 other person (except the United States), in con12 nection with any matter on which such person

13 seeks official action by any officer or employee

14 of such department or agency, shall be punished

15 as provided in section 216 of this title.

16 ‘‘(G) SUPERVISION OF LOBBYISTS.—Any

17 person who is in a position described in sub18 paragraph (B) or (C) may not knowingly, after

19 leaving such position, hold a supervisory posi20 tion over any person who is likely to make a

21 communication or appearance described in sub22 paragraph (B) or (D).

23 ‘‘(H) BAN.—Any person who was a Mem24 ber of Congress and who is convicted of a fel25 ony may not make any communication or ap-
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1 pearance described in subparagraph (B) or

2 (D).’’.

3 (b) CONFORMING AMENDMENTS.—

4 (1) SECTION 207(d).—Section 207(d)(1)(A) of

5 title 18, United States Code, is amended to read as

6 follows:

7 ‘‘(A) serves in the position of President or

8 Vice President of the United States,’’.

9 (2) SECTION 207(h).—The first sentence of sec10 tion 207(h)(1) of title 18, United States Code, is

11 amended by inserting after ‘‘subsection (c)’’ the fol12 lowing: ‘‘and subsection (d)(3)’’.

13 (3) SECTION 207(e).—Section 207(e)(7) is

14 amended by inserting before the dash the following:

15 ‘‘and subsection (d)’’.

16 (c) FOREIGN AGENTS.—Section 207(f) of title 18,

17 United States Code, is amended—

18 (1) by striking ‘‘foreign entity’’ each place it

19 appears and inserting ‘‘foreign national’’; and

20 (2) by striking paragraphs (2) and (3) and in21 serting:

22 ‘‘(2) LOBBYING ON BEHALF OF A FOREIGN NA23 TIONAL.—(A) In addition to the restrictions set

24 forth in subsections (a), (b), and (c) and paragraph

25 (1) of this subsection, any person who is in a posi-
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1 tion described in subparagraph (B) or (C) of sub2 section (d)(3) and who knowingly, after leaving such

3 position—

4 ‘‘(i) represents, directly or indirectly, a for5 eign national before any officer or employee of

6 any department or agency of the United States

7 or any Member of Congress or officer or em8 ployee of either House of Congress with the in9 tent to influence a decision of such officer or

10 employee of the United States or Member of

11 Congress or officer or employee of either House

12 of Congress in carrying out the Member’s, offi13 cer’s, or employee’s official duties and receives

14 compensation for such representation, or

15 ‘‘(ii) aids or advises, directly or indirectly,

16 a foreign national with the intent to influence

17 a decision of any officer or employee of any de18 partment or agency of the United States or any

19 Member of Congress or officer or employee of

20 either House of Congress in carrying out the

21 Member’s, officer’s, or employee’s official duties

22 and receives compensation for such aid or ad23 vice,

24 shall be punished as provided in section 216 of this

25 title.
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1 ‘‘(3) For purposes of subparagraph (A), the

2 term ‘foreign national’ means—

3 ‘‘(A) a government of a foreign country as

4 defined in section 1(e) of the Foreign Agents

5 Registration Act of 1938, as amended, or a for6 eign political party as defined in section 1(f) of

7 that Act;

8 ‘‘(B) a person outside of the United

9 States, unless such person is an individual and

10 a citizen of the United States, or unless such

11 person is not an individual and is organized

12 under or created by the laws of the United

13 States or of any State or other place subject to

14 the jurisdiction of the United States and has its

15 principal place of business within the United

16 States;

17 ‘‘(C) a partnership, association, corpora18 tion, organization, or other combination of per19 sons organized under the laws of or having its

20 principal place of business in a foreign country;

21 or

22 ‘‘(D) a person any of whose activities are

23 directly or indirectly supervised, directed, con24 trolled, financed, or subsidized in whole or in
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1 major part by an entity described in subpara2 graph (A), (B), or (C).’’.

3 (d) EXCEPTIONS.—Section 207(j) of title 18, United

4 States Code, is amended by adding at the end thereof the

5 following:

6 ‘‘(7) NON-INFLUENTIAL CONTACTS.—Nothing

7 in this section shall prevent an individual from mak8 ing requests for appointments, requests for the sta9 tus of Federal action, or other similar ministerial

10 contacts, if there is no attempt to influence an offi11 cer or employee of the legislative or executive

12 branch.

13 ‘‘(8) COMMENTS.—Nothing in this section shall

14 prevent an individual from making communications

15 in response to a notice in the Federal Register,

16 Commerce Business Daily, or other similar publica17 tion soliciting communications from the public and

18 directed to the agency official specifically designated

19 in the notice to receive such communications.

20 ‘‘(9) ADJUDICATION.—Nothing in this section

21 shall prevent an individual from making communica22 tions or appearances in compliance with written

23 agency procedures regarding an adjudication con24 ducted by the agency under section 554 of title 5,

25 or substantially similar provisions.
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1 ‘‘(10) COMMENTS FOR THE RECORD.—Nothing

2 in this section shall prevent an individual from sub3 mitting written comments filed in a public docket

4 and other communications that are made on the

5 record.’’.

6 (e) USE OF PROFITS.—Section 216(b) of title 18,

7 United States Code, is amended by inserting after the first

8 sentence the following: ‘‘Any amount of compensation re9 covered pursuant to the preceding sentence for a violation

10 of section 207 shall be deposited in the general fund of

11 the Treasury to reduce the deficit.’’.

12 SEC. 3. LIMITATION ON CONTRIBUTION OF EXCESS CAM13 PAIGN FUNDS.

14 Section 313 of the Federal Election Campaign Act

15 of 1971 (2 U.S.C. 439a) is amended by adding at the end

16 the following new sentence: ‘‘An individual who has excess

17 campaign funds and is neither a candidate for, nor an in18 cumbent of, a Federal office and who is registered under

19 the Federal Regulation of Lobbying Act may not make

20 any contribution from such excess campaign funds to an21 other individual who is a candidate for Federal office or

22 to any authorized committee of such other individual.’’.
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1 SEC. 4. FLOOR PRIVILEGES.

2 Rule XXXII of the Rules of the House of Representa3 tives is amended by striking ‘‘only if they’’ and inserting

4 ‘‘only if they are not lobbyists,’’.

5 SEC. 5. ADDITIONAL PRIVILEGES.

6 Any former Member of Congress who is registered

7 under the Federal Regulation of Lobbying Act shall not

8 be permitted to enter any dining area of the Capitol which

9 is reserved for Members of Congress or any gymnasium

10 facility which is reserved for Members of Congress.

Æ