[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6476 Introduced in House (IH)]

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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 Representatives 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''.

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 subsections (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 restrictions 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 termination of his or her service or employment as 
        such a political appointee, knowingly makes, with the intent to 
        influence, any communication to or appearance before any 
        officer or employee of the department or agency in which such 
        person served, 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.
            ``(2) Political appointee.--The term `political appointee' 
        means an individual who is--
                    ``(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 confidential 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 paragraph (1) with respect to any 
        position, or category of positions, referred to in paragraph 
        (2) in such department or agency if the Director determines 
        that--
                    ``(A) the imposition of the restrictions with 
                respect to such position or positions would create an 
                undue hardship on the department or 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 unfair 
                advantage.''.
            (2) Conforming amendments.--Section 207 of such title is 
        amended--
                    (A) in subsection (f)(1), by striking ``subsection 
                (c), (d), or (e)'' and inserting ``subsection (c) or 
                (e)'';
                    (B) in subsection (h)(2), by striking ``subsection 
                (c)(2)(A)(i) or (iii)'' and inserting ``subsection 
                (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 Foreign 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:

``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL 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 appointee' 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 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
            ``(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 Federal Regulations.''.
            (2) Other representation as foreign entity.--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 subsection (c), at any time)''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to any individual whose service as a 
        political appointee terminates on or after the date of the 
        enactment of this Act.
            (2) Definition.--In paragraph (1), the term ``political 
        appointee'' has the meaning given such term in section 
        207(c)(2) of title 18, United States Code (as amended by 
        subsection (a)(1)), and section 12(b) of the Foreign Agents 
        Registration Act of 1938 (as added by subsection (b)(1)).
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