I 

114TH CONGRESS 

2D SESSION H. R. 6476 

To amend the Lobbying Disclosure Act of 1995 and the Foreign Agents 

Registration Act of 1938 to restrict the lobbying activities of former 

political appointees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2016 

Mr. DEFAZIO (for himself, Ms. GABBARD, Mr. CICILLINE, Ms. SLAUGHTER, 

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

Committee on the Judiciary 

A BILL 

To amend the Lobbying Disclosure Act of 1995 and the 

Foreign Agents Registration Act of 1938 to restrict the 

lobbying activities of former political appointees, 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 ‘‘Deter Revolving-door 

5 Appointments in our Nation; Stop Washington Appointees 

6 from becoming Manipulative Petitioners Act’’ or the 

7 ‘‘DRAIN the SWAMP Act’’. 


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1 SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF 

2 FORMER POLITICAL APPOINTEES. 

3 (a) 5-YEAR POST-EMPLOYMENT BAN ON SERVING AS

4 REGISTERED LOBBYIST.— 

5 (1) IN GENERAL.—Section 207 of title 18, 

6 United States Code, is amended by striking sub7 sections (c) and (d) and inserting the following: 

8 ‘‘(c) RESTRICTIONS ON SENIOR PERSONNEL OF THE

9 EXECUTIVE BRANCH AND INDEPENDENT AGENCIES.— 

10 ‘‘(1) RESTRICTIONS.—In addition to the restric11 tions set forth in subsections (a) and (b), any person 

12 who is a political appointee of the executive branch 

13 of the United States (including an independent 

14 agency), and who, within 5 years after the termi15 nation of his or her service or employment as such 

16 a political appointee, knowingly makes, with the in17 tent to influence, any communication to or appear18 ance before any officer or employee of the depart19 ment or agency in which such person served, on be20 half of any other person (except the United States), 

21 in connection with any matter on which such person 

22 seeks official action by any officer or employee of 

23 such department or agency, shall be punished as 

24 provided in section 216 of this title. 

25 ‘‘(2) POLITICAL APPOINTEE.—The term ‘polit26 ical appointee’ means an individual who is— 


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1 ‘‘(A) employed in a position described 

2 under sections 5312 through 5316 of title 5, 

3 United States Code (relating to the Executive 

4 Schedule); 

5 ‘‘(B) a limited term appointee, limited 

6 emergency appointee, or noncareer appointee in 

7 the Senior Executive Service, as defined under 

8 paragraphs (5), (6), and (7), respectively, of 

9 section 3132(a) of title 5, United States Code; 

10 or 

11 ‘‘(C) employed in a position of a confiden12 tial or policy-determining character under 

13 schedule C of subpart C of part 213 of title 5 

14 of the Code of Federal Regulations. 

15 ‘‘(3) WAIVER.—At the request of a department 

16 or agency, the Director of the Office of Government 

17 Ethics may waive the restrictions contained in para18 graph (1) with respect to any position, or category 

19 of positions, referred to in paragraph (2) in such de20 partment or agency if the Director determines 

21 that— 

22 ‘‘(A) the imposition of the restrictions with 

23 respect to such position or positions would cre24 ate an undue hardship on the department or 


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1 agency in obtaining qualified personnel to fill 

2 such position or positions; and 

3 ‘‘(B) granting the waiver would not create 

4 the potential for use of undue influence or un5 fair advantage.’’. 

6 (2) CONFORMING AMENDMENTS.—Section 207 

7 of such title is amended— 

8 (A) in subsection (f)(1), by striking ‘‘sub9 section (c), (d), or (e)’’ and inserting ‘‘sub10 section (c) or (e)’’; 

11 (B) in subsection (h)(2), by striking ‘‘sub12 section (c)(2)(A)(i) or (iii)’’ and inserting ‘‘sub13 section (c)(2)(A) or (C)’’; and 

14 (C) in subsection (i)(1)(A), by striking 

15 ‘‘subsections (a), (c), and (d)’’ and inserting 

16 ‘‘subsections (a) and (c)’’. 

17 (b) LIFETIME BAN ON SERVING AS AGENT OF FOR18 EIGN GOVERNMENT.— 

19 (1) REGISTRATION AS AGENT.—The Foreign 

20 Agents Registration Act of 1938 (22 U.S.C. 611 et 

21 seq.) is amended by adding at the end the following 

22 new section: 


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1 ‘‘SEC. 12. PROHIBITING REGISTRATION BY FORMER POLIT2 ICAL APPOINTEES. 

3 ‘‘(a) PROHIBITION.—No individual may register 

4 under this Act or otherwise serve as the agent of a foreign 

5 principal if the individual at any time served as a political 

6 appointee (as defined in subsection (b)). 

7 ‘‘(b) POLITICAL APPOINTEE.—The term ‘political ap8 pointee’ means an individual who is— 

9 ‘‘(1) employed in a position described under 

10 sections 5312 through 5316 of title 5, United States 

11 Code (relating to the Executive Schedule); 

12 ‘‘(2) a limited term appointee, limited emer13 gency appointee, or noncareer appointee in the Sen14 ior Executive Service, as defined under paragraphs 

15 (5), (6), and (7), respectively, of section 3132(a) of 

16 title 5, United States Code; or 

17 ‘‘(3) employed in a position of a confidential or 

18 policy-determining character under schedule C of 

19 subpart C of part 213 of title 5 of the Code of Fed20 eral Regulations.’’. 

21 (2) OTHER REPRESENTATION AS FOREIGN EN22 TITY.—Section 207(f)(1)(A) of title 18, United 

23 States Code, is amended by inserting after ‘‘within 

24 1 year’’ the following: ‘‘(or, in the case of a person 

25 who is subject to the restrictions contained in sub26 section (c), at any time)’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendments made by 

3 this section shall apply with respect to any individual 

4 whose service as a political appointee terminates on 

5 or after the date of the enactment of this Act. 

6 (2) DEFINITION.—In paragraph (1), the term 

7 ‘‘political appointee’’ has the meaning given such 

8 term in section 207(c)(2) of title 18, United States 

9 Code (as amended by subsection (a)(1)), and section 

10 12(b) of the Foreign Agents Registration Act of 

11 1938 (as added by subsection (b)(1)). 

Æ 


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