[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 416 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 416

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 1997

  Ms. Kaptur 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.

    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 ``Foreign Agents Compulsory Ethics in 
Trade Act of 1997''.

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

    Section 207(f) of title 18, United States Code, is amended to read 
as follows:
    ``(f) Restrictions Relating to Foreign Entities.--
            ``(1) Permanent restriction.--Any person who is an officer 
        or employee described in paragraph (3) and who, 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 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, as amended;
                    ``(C) the term `foreign political party' has the 
                meaning given that term in section 1(f) of the Foreign 
                Agents Registration Act of 1938, as amended;
                    ``(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.''.

SEC. 3. EFFECTIVE DATE.

    (a) In General.--Subject to subsection (b), this Act and the 
amendments made by this Act take effect on January 1, 1997.
    (b) Effect on Employment.--(1) The amendments made by this Act do 
not, except as provided in paragraph (2), apply to a person whose 
service as an officer or employee to which such amendments apply 
terminated before the effective date of such amendments.
    (2) Paragraph (1) does not preclude the application of the 
amendments made by this Act to a person with respect to service as an 
officer or employee by that person on or after the effective date of 
such amendments.
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