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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Deter Revolving-door 
Appointments in our Nation; Stop Washington Appointees 
from becoming Manipulative Petitioners Act’’ or the 
‘‘DRAIN the SWAMP Act’’. 
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SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF 
FORMER POLITICAL APPOINTEES. 
(a) 5-YEAR POST-EMPLOYMENT BAN ON SERVING AS 
REGISTERED LOBBYIST.— 
(1) IN
GENERAL.—Section 207 of title 18, 
United States Code, is amended by striking sub-
sections (c) and (d) and inserting the following: 
‘‘(c) RESTRICTIONS ON SENIOR PERSONNEL OF THE 
EXECUTIVE BRANCH AND INDEPENDENT AGENCIES.— 
‘‘(1) RESTRICTIONS.—In addition to the restric-
tions set forth in subsections (a) and (b), any person 
who is a political appointee of the executive branch 
of the United States (including an independent 
agency), and who, within 5 years after the termi-
nation of his or her service or employment as such 
a political appointee, knowingly makes, with the in-
tent to influence, any communication to or appear-
ance before any officer or employee of the depart-
ment or agency in which such person served, on be-
half of any other person (except the United States), 
in connection 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. 
‘‘(2) POLITICAL APPOINTEE.—The term ‘polit-
ical appointee’ means an individual who is— 
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‘‘(A) employed in a position described 
under sections 5312 through 5316 of title 5, 
United States Code (relating to the Executive 
Schedule); 
‘‘(B) a limited term appointee, limited 
emergency appointee, or noncareer appointee in 
the Senior Executive Service, as defined under 
paragraphs (5), (6), and (7), respectively, of 
section 3132(a) of title 5, United States Code; 
or 
‘‘(C) employed in a position of a confiden-
tial or policy-determining character under 
schedule C of subpart C of part 213 of title 5 
of the Code of Federal Regulations. 
‘‘(3) WAIVER.—At the request of a department 
or agency, the Director of the Office of Government 
Ethics may waive the restrictions contained in para-
graph (1) with respect to any position, or category 
of positions, referred to in paragraph (2) in such de-
partment or agency if the Director determines 
that— 
‘‘(A) the imposition of the restrictions with 
respect to such position or positions would cre-
ate an undue hardship on the department or 
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agency in obtaining qualified personnel to fill 
such position or positions; and 
‘‘(B) granting the waiver would not create 
the potential for use of undue influence or un-
fair advantage.’’. 
(2) CONFORMING AMENDMENTS.—Section 207 
of such title is amended— 
(A) in subsection (f)(1), by striking ‘‘sub-
section (c), (d), or (e)’’ and inserting ‘‘sub-
section (c) or (e)’’; 
(B) in subsection (h)(2), by striking ‘‘sub-
section (c)(2)(A)(i) or (iii)’’ and inserting ‘‘sub-
section (c)(2)(A) or (C)’’; and 
(C) in subsection (i)(1)(A), by striking 
‘‘subsections (a), (c), and (d)’’ and inserting 
‘‘subsections (a) and (c)’’. 
(b) LIFETIME BAN ON SERVING AS AGENT OF FOR-
EIGN GOVERNMENT.— 
(1) REGISTRATION
AS
AGENT.—The Foreign 
Agents Registration Act of 1938 (22 U.S.C. 611 et 
seq.) is amended by adding at the end the following 
new section: 
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‘‘SEC. 12. PROHIBITING REGISTRATION BY FORMER POLIT-
ICAL APPOINTEES. 
‘‘(a) PROHIBITION.—No individual may register 
under this Act or otherwise serve as the agent of a foreign 
principal if the individual at any time served as a political 
appointee (as defined in subsection (b)). 
‘‘(b) POLITICAL APPOINTEE.—The term ‘political ap-
pointee’ means an individual who is— 
‘‘(1) employed in a position described under 
sections 5312 through 5316 of title 5, United States 
Code (relating to the Executive Schedule); 
‘‘(2) a limited term appointee, limited emer-
gency appointee, or noncareer appointee in the Sen-
ior Executive Service, as defined under paragraphs 
(5), (6), and (7), respectively, of section 3132(a) of 
title 5, United States Code; or 
‘‘(3) employed in a position of a confidential or 
policy-determining character under schedule C of 
subpart C of part 213 of title 5 of the Code of Fed-
eral Regulations.’’. 
(2) OTHER REPRESENTATION AS FOREIGN EN-
TITY.—Section 207(f)(1)(A) of title 18, United 
States Code, is amended by inserting after ‘‘within 
1 year’’ the following: ‘‘(or, in the case of a person 
who is subject to the restrictions contained in sub-
section (c), at any time)’’. 
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