I 

117TH CONGRESS 

1ST SESSION H. R. 3389 

To amend the Foreign Agents Registration Act of 1938 to prohibit certain 

individuals from service as an agent of a foreign principal, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2021 

Mr. GALLAGHER (for himself and Mr. GOLDEN) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend the Foreign Agents Registration Act of 1938 

to prohibit certain individuals from service as an agent 

of a foreign principal, 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 ‘‘Congressional and Ex5 ecutive Foreign Lobbying Ban Act’’. 

6 SEC. 2. PROHIBITING CERTAIN INDIVIDUALS FROM ACTING 

7 AS AGENTS OF FOREIGN PRINCIPALS. 

8 (a) FORMER MEMBERS OF CONGRESS; GENERAL OR

9 FLAG OFFICERS OF ARMED FORCES.— 


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1 (1) PROHIBITING REGISTRATION AS AGENT.— 

2 The Foreign Agents Registration Act of 1938, as 

3 amended (22 U.S.C. 611 et seq.) is amended— 

4 (A) by redesignating sections 12 through 

5 14 as sections 13 through 15; and 

6 (B) by inserting after section 11 the fol7 lowing new section: 

8 ‘‘SEC. 12. PROHIBITING REGISTRATION OF CERTAIN INDI9 VIDUALS. 

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

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

12 principal if the individual at any time served as a Member 

13 of Congress, as a senior political appointee, or as a general 

14 or flag officer of the armed forces. 

15 ‘‘(b) DEFINITIONS.—In this section— 

16 ‘‘(1) the term ‘Member of Congress’ means a 

17 Senator or Representative in, or Delegate or Resi18 dent Commissioner to, the Congress; and 

19 ‘‘(2) the term ‘senior political appointee’— 

20 ‘‘(A) means— 

21 ‘‘(i) any individual occupying a full22 time senior position and who is appointed 

23 by the President or the Vice President; 


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1 ‘‘(ii) any noncareer appointee in the 

2 Senior Executive Service (or other SES3 type system); and 

4 ‘‘(iii) any appointee to a position, at 

5 or above the level of a noncareer member 

6 of the Senior Executive Service, that has 

7 been excepted from the competitive service 

8 by reason of being of a confidential or pol9 icymaking character (schedule C and other 

10 positions excepted under comparable cri11 teria) in an executive agency; and 

12 ‘‘(B) does not include any individual ap13 pointed as a member of the Senior Foreign 

14 Service or, except for a general or flag officer 

15 of the armed forces, solely as a uniformed serv16 ice commissioned officer.’’. 

17 (2) OTHER REPRESENTATION OF FOREIGN EN18 TITIES.—Section 207(f)(1) of title 18, United States 

19 Code, is amended by inserting after ‘‘within 1 year’’ 

20 the following: ‘‘(or, in the case of a person who is 

21 subject to any of such restrictions and who is a 

22 Member of Congress, a senior political appointee (as 

23 that term is defined in section 12 of the Foreign 

24 Agents Registration Act of 1938, as amended (22 


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1 U.S.C. 611 et seq.)), or a general or flag officer of 

2 the armed forces, at any time)’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall apply with respect to any individual 

5 whose service as a Member of Congress or as a general 

6 or flag officer of the armed forces terminates on or after 

7 the date of the enactment of this Act. 

Æ 


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