which such former Member seeks action by
such a Member or officer or employee act-
ing in the Member’s, officer’s, or employ-
ee’s official capacity, or
‘‘(ii) during the 5 year period after
termination of such service, knowingly
makes, with the intent to influence, any
communication to or appearance before
any Member or employee of the House of
Congress in which such former Member
served who is a member of or employed by
the committee on which such former Mem-
ber served on behalf of any other person
(except the United States) in connection
with any matter on which such former
Member seeks action by such a Member or
employee acting in the Member’s or em-
ployee’s official capacity
shall be punished as provided in section 216 of
this title.
‘‘(C) LOBBYING LEGISLATIVE BRANCH BY
FORMER
LEGISLATIVE
EMPLOYEES.—In addi-
tion to the restrictions set forth in subsections
(a), (b), and (c) and paragraph (1) of this sub-
section—
‘‘(i) any person who is an officer or
employee of either House of Congress em-
ployed in a position at a rate of pay equal
to or greater than $70,000 (adjusted for
any COLA after the date of enactment of
the Revolving Door Act of 1995) and who
during the 2 year period after termination
of such service, knowingly makes, with the
intent to influence, any communication to
or appearance before any Member, officer,
or employee of either House of Congress or
any employee of any other legislative office
of Congress on behalf of any other person
(except the United States) in connection
with any matter on which such former offi-
cer or employee seeks action by such a
Member or officer or employee acting in
the Member’s, officer’s, or employee’s offi-
cial capacity, or
‘‘(ii) any person who was an employee
of either House of Congress employed in a
position at a rate of pay equal to or great-
er than $70,000 (adjusted for any COLA
after the date of enactment of the Revolv-
ing Door Act of 1995) and who during the
5 year period after termination of such
service, knowingly makes, with the intent
to influence, any communication to or ap-
pearance before any Member or employee
of the House of Congress in which such
former employee served who is a member
of or employed by the committee which
employed such former employee on behalf
of any other person (except the United
States) in connection with any matter on
which such former employee seeks action
by such a Member or employee acting in
the Member’s or employee’s official capac-
ity
shall be punished as provided in section 216 of
this title.
‘‘(D) LOBBYING THE EXECUTIVE BRANCH
BY
FORMER
MEMBERS
OR
FORMER
LEGISLA-
TIVE EMPLOYEES.—In addition to the restric-
tions set forth in subsections (a), (b), and (c)
and paragraph (1) of this subsection, any per-
son who is described in subparagraph (B) or
(C) and who during the 2 years after termi-
nation of service as a Member or employee,
knowingly makes, with the intent to influence,
any communication to or appearance before any
officer or employee of a department or agency
on behalf of any other person (except the Unit-
ed States) in connection with any matter on
which such former Member or employee seeks
official action by any officer or employee of
such department or agency, shall be punished
as provided in section 216 of this title.
‘‘(E) LOBBYING THE EXECUTIVE BRANCH
BY
EXECUTIVE
BRANCH
OFFICIALS
AND
EM-
PLOYEES.—In addition to the restrictions set
forth in subsections (a), (b), and (c) and para-
graph (1) of this subsection, any person who—
‘‘(i)(I)) serves in the position of Presi-
dent or Vice President of the United
States, or
‘‘(II) serves in a position in an execu-
tive agency (including the Executive Office
of the President) on a full-time basis and
whose rate of basic pay is not less than
$70,000 (adjusted for any COLA after the
date of enactment of the Revolving Door
Act of 1995), and
‘‘(ii) is not an appointee of the senior
foreign service or solely an appointee as a
uniformed service commissioned officer,
and who, during the 2 years after termination
of service or employment as such an official or
appointee, knowingly makes, with the intent to
influence, any communication to or appearance
before any officer or employee of a department
or agency, during the period beginning on the
termination of service or employment as such
officer or employee and ending 2 years after the
termination of service in the department or
agency, on behalf of any other person (except
the United States), in connection with any mat-
ter on which such person seeks official action by
any officer or employee of such department or
agency, shall be punished as provided in section
216 of this title.
‘‘(F) LOBBYING
A
PARTICULAR
DEPART-
MENT OR AGENCY BY EXECUTIVE BRANCH OF-
FICIALS AND EMPLOYEES.—In addition to the
restrictions set forth in subsections (a), (b), and
(c) and paragraph (1) of this subsection, any
person who is described in subparagraph (E)
and who, during the 5 years after termination
of service or employment as such an official or
appointee, knowingly makes, with the intent to
influence, any communication to or appearance
before any officer or employee of a department
or agency, in which such person served within
5 years before such termination, during the pe-
riod beginning on the termination of service or
employment as such officer or employee and
ending 5 years after the termination of service
in the department or agency, on behalf of any
other person (except the United States), in con-
nection with any matter on which such person
seeks official action by any officer or employee
of such department or agency, shall be punished
as provided in section 216 of this title.
‘‘(G) SUPERVISION
OF
LOBBYISTS.—Any
person who is in a position described in sub-
paragraph (B) or (C) may not knowingly, after
leaving such position, hold a supervisory posi-
tion over any person who is likely to make a
communication or appearance described in sub-
paragraph (B) or (D).
‘‘(H) BAN.—Any person who was a Mem-
ber of Congress and who is convicted of a fel-
ony may not make any communication or ap-
pearance described in subparagraph (B) or
(D).’’.
(b) CONFORMING AMENDMENTS.—
(1) SECTION 207(d).—Section 207(d)(1)(A) of
title 18, United States Code, is amended to read as
follows:
‘‘(A) serves in the position of President or
Vice President of the United States,’’.
(2) SECTION 207(h).—The first sentence of sec-
tion 207(h)(1) of title 18, United States Code, is
amended by inserting after ‘‘subsection (c)’’ the fol-
lowing: ‘‘and subsection (d)(3)’’.
(3) SECTION
207(e).—Section 207(e)(7) is
amended by inserting before the dash the following:
‘‘and subsection (d)’’.
(c) FOREIGN AGENTS.—Section 207(f) of title 18,
United States Code, is amended—
(1) by striking ‘‘foreign entity’’ each place it
appears and inserting ‘‘foreign national’’; and
(2) by striking paragraphs (2) and (3) and in-
serting:
‘‘(2) LOBBYING ON BEHALF OF A FOREIGN NA-
TIONAL.—(A) In addition to the restrictions set
forth in subsections (a), (b), and (c) and paragraph
(1) of this subsection, any person who is in a posi-
tion described in subparagraph (B) or (C) of sub-
section (d)(3) and who knowingly, after leaving such
position—
‘‘(i) represents, directly or indirectly, a for-
eign national before any officer or employee of
any department or agency of the United States
or any Member of Congress or officer or em-
ployee of either House of Congress with the in-
tent to influence a decision of such officer or
employee of the United States or Member of
Congress or officer or employee of either House
of Congress in carrying out the Member’s, offi-
cer’s, or employee’s official duties and receives
compensation for such representation, or
‘‘(ii) aids or advises, directly or indirectly,
a foreign national with the intent to influence
a decision of any officer or employee of any de-
partment or agency of the United States or any
Member of Congress or officer or employee of
either House of Congress in carrying out the
Member’s, officer’s, or employee’s official duties
and receives compensation for such aid or ad-
vice,
shall be punished as provided in section 216 of this
title.
‘‘(3) For purposes of subparagraph (A), the
term ‘foreign national’ means—
‘‘(A) a government of a foreign country as
defined in section 1(e) of the Foreign Agents
Registration Act of 1938, as amended, or a for-
eign political party as defined in section 1(f) of
that Act;
‘‘(B) a person outside of the United
States, unless such person is an individual and
a citizen of the United States, or unless such
person is not an individual and is organized
under or created by the laws of the United
States or of any State or other place subject to
the jurisdiction of the United States and has its
principal place of business within the United
States;
‘‘(C) a partnership, association, corpora-
tion, organization, or other combination of per-
sons organized under the laws of or having its
principal place of business in a foreign country;
or
‘‘(D) a person any of whose activities are
directly or indirectly supervised, directed, con-
trolled, financed, or subsidized in whole or in
major part by an entity described in subpara-
graph (A), (B), or (C).’’.
(d) EXCEPTIONS.—Section 207(j) of title 18, United
States Code, is amended by adding at the end thereof the
following:
‘‘(7) NON-INFLUENTIAL
CONTACTS.—Nothing
in this section shall prevent an individual from mak-
ing requests for appointments, requests for the sta-
tus of Federal action, or other similar ministerial
contacts, if there is no attempt to influence an offi-
cer or employee of the legislative or executive
branch.
‘‘(8) COMMENTS.—Nothing in this section shall
prevent an individual from making communications
in response to a notice in the Federal Register,
Commerce Business Daily, or other similar publica-
tion soliciting communications from the public and
directed to the agency official specifically designated
in the notice to receive such communications.
‘‘(9) ADJUDICATION.—Nothing in this section
shall prevent an individual from making communica-
tions or appearances in compliance with written
agency procedures regarding an adjudication con-
ducted by the agency under section 554 of title 5,
or substantially similar provisions.