I 

110TH CONGRESS 

1ST SESSION H. R. 168 

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 

JANUARY 4, 2007 

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 2007’’. 


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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 gra5 tuity which is provided, directly or indirectly, 

6 for 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 Jan25 uary 1, 2008. 


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1 (b) EFFECT ON EMPLOYMENT.— 

2 (1) INAPPLICABILITY WITH RESPECT TO PRIOR

3 EMPLOYMENT.—The amendments made by this Act 

4 do not, except as provided in paragraph (2), apply 

5 to a person whose service as an officer or employee 

6 to which such amendments apply terminated before 

7 the effective date of such amendments. 

8 (2) EXCEPTION.—Paragraph (1) does not pre9 clude the application of the amendments made by 

10 this Act to a person with respect to service as an of11 ficer or employee by that person on or after the ef12 fective date of such amendments. 

Æ 


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