[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1576 Introduced in House (IH)]

  1st Session
                                H. R. 1576

   To amend section 207 of title 18, United States Code, to tighten 
 restrictions on former executive and legislative branch officials and 
                   employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 1995

  Mr. Zimmer (for himself, Mr. Meehan, Mr. Barrett of Wisconsin, Mr. 
  Castle, Mr. Deal of Georgia, Mr. Dickey, Mr. Klug, Mr. McHale, Mr. 
 Minge, Mr. Shays, and Mrs. Waldholtz) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
  to the Committees on House Oversight and Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To amend section 207 of title 18, United States Code, to tighten 
 restrictions on former executive and legislative branch officials and 
                   employees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Revolving Door Act of 1995''.

SEC. 2. SPECIAL RULES.

    (a) In General.--Section 207(d) of title 18, United States Code, is 
amended by adding at the end thereof the following:
            ``(3) Additional restrictions.--
                    ``(A) Lobbying legislative branch by executive 
                branch officials and appointees.--In addition to the 
                restrictions set forth in subsections (a), (b), and (c) 
                and paragraph (1) of this subsection, any person who--
                            ``(i)(I)) serves in the position of 
                        President or Vice President of the United 
                        States, or
                            ``(II) serves in a position in an executive 
                        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 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 
                official or appointee seeks action by such a Member or 
                officer or employee acting in the Member's, officer's, 
                or employee's official capacity shall be punished as 
                provided in section 216 of this title.
                    ``(B) Lobbying legislative branch by former 
                members.--In addition to the restrictions set forth in 
                subsections (a), (b), and (c) and paragraph (1) of this 
                subsection, any person who is a Member of Congress and 
                who--
                            ``(i) 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 Member seeks action 
                        by such a Member or officer or employee acting 
                        in the Member's, officer's, or employee'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 Member 
                        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 employee's official capacity
                shall be punished as provided in section 216 of this 
                title.
                    ``(C) Lobbying legislative branch by former 
                legislative employees.--In addition to the restrictions 
                set forth in subsections (a), (b), and (c) and 
                paragraph (1) of this subsection--
                            ``(i) any person who is an officer or 
                        employee of either House of Congress employed 
                        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 
                        officer or employee seeks action by such a 
                        Member or officer or employee acting in the 
                        Member's, officer's, or employee's official 
                        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 greater than 
                        $70,000 (adjusted for any COLA after the date 
                        of enactment of the Revolving 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 appearance 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 capacity
                shall be punished as provided in section 216 of this 
                title.
                    ``(D) Lobbying the executive branch by former 
                members or former legislative 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 (B) or (C) and 
                who during the 2 years after termination 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 United 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 employees.--In addition to the 
                restrictions set forth in subsections (a), (b), and (c) 
                and paragraph (1) of this subsection, any person who--
                            ``(i)(I)) serves in the position of 
                        President or Vice President of the United 
                        States, or
                            ``(II) serves in a position in an executive 
                        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 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.
                    ``(F) Lobbying a particular department or agency by 
                executive branch officials 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 
                period 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 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.
                    ``(G) Supervision of lobbyists.--Any person who is 
                in a position described in subparagraph (B) or (C) may 
                not knowingly, after leaving such position, hold a 
                supervisory position over any person who is likely to 
                make a communication or appearance described in 
                subparagraph (B) or (D).
                    ``(H) Ban.--Any person who was a Member of Congress 
                and who is convicted of a felony may not make any 
                communication or appearance 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 section 
        207(h)(1) of title 18, United States Code, is amended by 
        inserting after ``subsection (c)'' the following: ``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 inserting:
            ``(2) Lobbying on behalf of a foreign national.--(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 position described in subparagraph (B) or (C) of 
        subsection (d)(3) and who knowingly, after leaving such 
        position--
                    ``(i) represents, directly or indirectly, a foreign 
                national before any officer or employee of any 
                department or agency of the United States or any Member 
                of Congress or officer or employee of either House of 
                Congress with the intent 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, officer'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 department 
                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 advice,
        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 foreign 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, corporation, 
                organization, or other combination of persons 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, controlled, 
                financed, or subsidized in whole or in major part by an 
                entity described in subparagraph (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 making requests for 
        appointments, requests for the status of Federal action, or 
        other similar ministerial contacts, if there is no attempt to 
        influence an officer 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 publication 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 communications or appearances in 
        compliance with written agency procedures regarding an 
        adjudication conducted by the agency under section 554 of title 
        5, or substantially similar provisions.
            ``(10) Comments for the record.--Nothing in this section 
        shall prevent an individual from submitting written comments 
        filed in a public docket and other communications that are made 
        on the record.''.
    (e)  Use of Profits.--Section 216(b) of title 18, United States 
Code, is amended by inserting after the first sentence the following: 
``Any amount of compensation recovered pursuant to the preceding 
sentence for a violation of section 207 shall be deposited in the 
general fund of the Treasury to reduce the deficit.''.

SEC. 3. LIMITATION ON CONTRIBUTION OF EXCESS CAMPAIGN FUNDS.

    Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
439a) is amended by adding at the end the following new sentence: ``An 
individual who has excess campaign funds and is neither a candidate 
for, nor an incumbent of, a Federal office and who is registered under 
the Federal Regulation of Lobbying Act may not make any contribution 
from such excess campaign funds to another individual who is a 
candidate for Federal office or to any authorized committee of such 
other individual.''.

SEC. 4. FLOOR PRIVILEGES.

    Rule XXXII of the Rules of the House of Representatives is amended 
by striking ``only if they'' and inserting ``only if they are not 
lobbyists,''.

SEC. 5. ADDITIONAL PRIVILEGES.

    Any former Member of Congress who is registered under the Federal 
Regulation of Lobbying Act shall not be permitted to enter any dining 
area of the Capitol which is reserved for Members of Congress or any 
gymnasium facility which is reserved for Members of Congress.
                                 <all>