[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3434 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3434

   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, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 1996

  Mr. Canady of Florida (for himself, Mr. Frank of Massachusetts, Mr. 
    Zimmer, Ms. Kaptur, Mr. Upton, and Mr. English of Pennsylvania) 
 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, 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 1996''.

SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CERTAIN FOREIGN 
              ENTITIES.

    (a) Amendment to Title 18.--Section 207(f) of title 18, United 
States Code, is amended to read as follows:
    ``(f) Restrictions Relating to Foreign Entities.--
            ``(1) Ten-year restriction.--Any person who is an officer 
        or employee described in paragraph (3) and who, within 10 years 
        after the termination of the employee's service or employment 
        as such officer or employee, knowingly acts as an agent or 
        attorney for or otherwise represents or advises, for 
        compensation, a government of a foreign country or a foreign 
        political party, if the representation or advice relates 
        directly to a matter in which the United States is a party or 
        has a direct and substantial interest, shall be punished as 
        provided in section 216 of this title.
            ``(2) Five-year restriction.--Any person who is an officer 
        or employee described in paragraph (3) and who, within 5 years 
        after the termination of his or her service or employment as 
        such officer or employee, knowingly acts as an agent or 
        attorney for or otherwise represents or advises, for 
        compensation--
                    ``(A) a person outside of the United States, unless 
                such person--
                            ``(i) if an individual, is a citizen of and 
                        domiciled within the United States, or
                            ``(ii) if not an individual, 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, or
                    ``(B) 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,
        if the representation or advice relates directly to a matter in 
        which the United States is a party or has a direct and 
        substantial interest, shall be punished as provided in section 
        216 of this title.
            ``(3) Persons to whom restrictions apply.--The officers and 
        employees referred to in paragraphs (1) and (2) to whom the 
        restrictions contained in such paragraphs apply are--
                    ``(A) the President of the United States; and
                    ``(B) any person subject to the restrictions 
                contained in subsection (c), (d), or (e).
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) the term `compensation' means any payment, 
                gift, benefit, reward, favor, or gratuity which is 
                provided, directly or indirectly, for services 
                rendered;
                    ``(B) the term `government of a foreign country' 
                has the meaning given that term in section 1(e) of the 
                Foreign Agents Registration Act of 1938 (22 U.S.C. 
                611(e));
                    ``(C) the term `foreign political party' has the 
                meaning given that term in section 1(f) of the Foreign 
                Agents Registration Act of 1938 (22 U.S.C 611(f));
                    ``(D) the term `United States' means the several 
                States, the District of Columbia, and any commonwealth, 
                territory, or possession of the United States; and
                    ``(E) the term `State' includes the District of 
                Columbia and any commonwealth, territory, or possession 
                of the United States.''.
    (b) Effective Date.--
            (1) General rule.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) take effect on January 1, 
        1997.
            (2) Application.--The amendment made by subsection (a) does 
        not apply to a person whose service as an officer or employee 
        to which such amendment applies terminated before the effective 
        date of such amendment.

SEC. 3. CROSS-OVER LOBBYING.

    (a) Executive Branch.--Section 207(d) of title 18, United States 
Code, is amended by adding at the end the following:
    ``(3) Additional restriction.--Any person who is a former officer 
or employee of the executive branch of the United States, who is 
subject to subsection (c) or paragraphs (1) and (2) of this subsection, 
and who, within 1 year after the date of the termination of such 
officer or employee's service or employment with the United States, 
knowingly makes, with intent to influence, any communication to or 
appearance before any Member of Congress or officer or employee of the 
legislative branch of the United States on behalf of any other person 
(other than the United States or the District of Columbia) shall be 
punished as provided in section 216.''.
    (b) Legislative branch.--Section 207(e) of title 18, United States 
Code, is amended by redesignating paragraph (7) as paragraph (8) and by 
adding after paragraph (6) the following:
    ``(7) Additional restriction.--Any former Member of Congress and 
any former employee of the House of Representatives or Senate whose 
salary was greater than 120 percent of the minimum rate of basic pay 
payable for GS-15 of the General Schedule (at the time of the 
employee's termination of employment) who, within 1 year after the date 
of the termination of the service of the Member of Congress or the 
employment of such employee by the House of Representatives or Senate, 
knowingly makes, with intent to influence, any communication to or 
appearance before any officer or employee of the executive branch of 
the United States on behalf of any other person (other than the United 
States or the District of Columbia) shall be punished as provided in 
section 216.''.

SEC. 4. FELONS.

    Section 207 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(l) Any--
            ``(1) former Member of Congress,
            ``(2) any former employee of the House of Representatives 
        or Senate whose salary was greater than 120 percent of the 
        minimum rate of basic pay payable for GS-15 of the General 
        Schedule (at the time of the employee's termination of 
        employment), and
            ``(3) any employee of the executive branch of the United 
        States who is subject to subsection (c) or (d),
who is convicted of a felony may not, for compensation, make any 
communication to or appearance before any employee of the House of 
Representatives or Senate or officer or employee of the executive 
branch of the United States.''.

SEC. 5. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT.

    Section 3(h) of the Foreign Agents Registration Act (22 U.S.C. 
613(h)) is amended by striking ``is required to register and does 
register'' and inserting ``has engaged in lobbying activities and has 
registered''..

SEC. 6. CIVIL PENALTIES.

    Section 8(a) of the Foreign Agents Registration Act (22 U.S.C. 618) 
is amended--
            (1) by adding at the end the following: ``Such a person 
        shall also be subject to a civil penalty of not more than 
        $50,000 for each such violation which is knowingly 
        committed.''; and
            (2) in paragraph (1), by moving the matter beginning with 
        ``shall, upon conviction thereof,'' one em to the left.
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