[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2101 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2101

To provide for restrictions on recently appointed Federal employees and 
     recently separated Federal employees with respect to lobbying 
                  activities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2019

Mr. Huffman (for himself and Ms. Norton) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for restrictions on recently appointed Federal employees and 
     recently separated Federal employees with respect to lobbying 
                  activities, 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. EXTENSION OF POST-EMPLOYMENT BAN ON LOBBYING FOR CERTAIN 
              FORMER GOVERNMENT EMPLOYEES.

    (a) In General.--Section 207 of title 18, United States Code, is 
amended in subsection (c)--
            (1) in the subsection heading, by striking ``One-Year'' and 
        inserting ``Two-Year'';
            (2) in paragraph (1)--
                    (A) by striking ``within 1 year after'' and 
                inserting ``within 2 years after''; and
                    (B) by striking ``within 1 year before such 
                termination''; and
            (3) in paragraph (2), by adding at the end the following:
            ``(D) Not later than 30 days after a waiver is granted 
        under subparagraph (C), the waiver shall be published in the 
        Federal Register and accompanied by a signed statement by the 
        Director of the Office of Government Ethics describing in 
        detail the reasons for providing such waiver unless such a 
        description would compromise national security.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any individual appointed to a position described in paragraph (2) of 
subsection (c) of section 207 of title 18, United States Code, (as 
amended by such subsection) after the date of the enactment of this 
Act.

SEC. 2. FIVE-YEAR LOBBYING BAN FOR CERTAIN POLITICAL APPOINTEES.

    (a) In General.--Section 207 of title 18, United States Code, as 
amended by section 1, is further amended in subsection (d)--
            (1) in paragraph (1), in the matter following subparagraph 
        (C), by striking ``within 2 years'' and inserting ``within 5 
        years''; and
            (2) in paragraph (2)(A), by striking ``in such position'' 
        and all that follows through ``terminated''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any individual appointed to a position described in subparagraph 
(A), (B), or (C) of subsection (d)(1) of section 207 of title 18, 
United States Code, (as amended by such subsection) after the date of 
the enactment of this Act.

SEC. 3. LIFETIME BAN ON REPRESENTATION OF FOREIGN ENTITIES FOR CERTAIN 
              HIGH-LEVEL FORMER EMPLOYEES.

    (a) In General.--Section 207 of title 18, United States Code, as 
amended by sections 1 and 2, is further amended in subsection (f)--
            (1) in paragraph (1), by inserting ``(or, in the case of an 
        individual described in paragraph (2), at any time)'' after 
        ``within 1 year'';
            (2) in paragraph (2), by striking ``paragraph (1)'' and 
        inserting ``paragraphs (1) and (2)'';
            (3) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); and
            (4) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Description of individuals subject to lifetime ban.--
        An individual described in this paragraph is any individual who 
        was--
                    ``(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.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
to any individual appointed to a position described in paragraph (2) of 
section 207 of title 18, United States Code, (as added by such 
subsection) after the date of the enactment of this Act.

SEC. 4. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS 
              EMPLOYMENT.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following:
``Sec. 220. Prohibition on participation in matter relating to previous 
              employment
    ``(a) During the 2-year period beginning on the date an individual 
is appointed to a covered position at an agency, any such individual 
who has not received a waiver under subsection (b)--
            ``(1) who participates in any particular matter involving 
        specific parties that is directly and substantially related to 
        the individual's former employer or former clients, or
            ``(2) with respect to any such individual who was a 
        registered lobbyist under the Lobbying Disclosure Act of 1995, 
        or who was not a registered lobbyist under such Act but who 
        engaged in lobbying activity as defined in subsection (c), 
        during the 2-year period preceding the date of such 
        appointment, who--
                    ``(A) participates in any particular matter on 
                which the individual made a lobbying contact (in the 
                case of a registered lobbyist under such Act), or 
                engaged in such activity, during such 2-year period,
                    ``(B) participates in the specific issue area in 
                which such particular matter falls, or
                    ``(C) seeks or accepts employment with any agency 
                with respect to which the individual made a lobbying 
                contact (in the case of a registered lobbyist under 
                such Act), or engaged in such activity, during such 2-
                year period,
        shall be punished as provided in section 216 of this title.
    ``(b)(1) The Director of the Office of Management and Budget, in 
consultation with the Counsel to the President, may waive the 
requirements of subsection (a) with respect to any individual covered 
by such subsection if the Director certifies, in writing, to the 
Committee on Oversight and Reform of the House of Representatives, the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
and the appropriate congressional committees of jurisdiction, that it 
is in the public interest to grant the waiver.
    ``(2) For purposes of carrying out paragraph (1)--
            ``(A) the public interest includes exigent circumstances 
        relating to public health, public safety, or national security;
            ``(B) de minimis contact with an agency shall be cause for 
        a waiver of subsection (a)(2); and
            ``(C) any waiver shall take effect when the certification 
        is published in the Federal Register, accompanied by a signed 
        statement by the Director describing in detail the reasons for 
        providing the waiver unless such a description would compromise 
        national security.
    ``(c)(1) In this section, the term `lobbying activity' means, with 
respect to an individual, knowingly making, with the intent to 
influence, any communication to or appearance before any officer or 
employee of the Federal Government on behalf of another person as an 
employee of a lobbying firm or lobbying organization, in connection 
with any matter on which such person seeks official action by such 
officer or employee of the Federal Government. The previous sentence 
applies only with respect to an individual who spends greater than 20 
percent of the individual's time as an employee of a lobbying firm or 
lobbying organization engaged in such lobbying activity.
    ``(2) In paragraph (1), the term `lobbying firm' means any firm, 
corporation, or limited liability company in which--
            ``(A) employees of the firm in the aggregate make 2 or more 
        lobbying contacts at any time on behalf of a particular client; 
        and
            ``(B) the firm receives or expects to receive from a 
        particular client for matters related to lobbying activities at 
        least the amount specified in section 4(a)(3)(A) of the 
        Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the 
        quarterly period during which registration would be made under 
        such Act.
    ``(3) In paragraph (1), the term `lobbying organization' includes 
any organization in which--
            ``(A) employees of the firm in the aggregate make 2 or more 
        lobbying contacts at any time on its behalf; and
            ``(B) the organization expends in connection with lobbying 
        activities at least the amount specified in section 4(a)(3)(B) 
        of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) 
        in the quarterly period during which registration would be made 
        under such Act.
    ``(4) In this subsection, the term `employee' has the meaning given 
such term in section 3(5) of the Lobbying Disclosure Act of 1995 (2 
U.S.C. 1602(5)).
    ``(d) In this section, the following definitions apply:
            ``(1) The term `agency' means an `Executive agency' (as 
        that term is defined in section 105 of title 5), the Executive 
        Office of the President, the United States Postal Service, and 
        the Postal Regulatory Commission, but does not include the 
        Government Accountability Office.
            ``(2) The term `covered position'--
                    ``(A) means any--
                            ``(i) full-time, non-career position which 
                        requires appointment by the President or Vice 
                        President;
                            ``(ii) non-career position within the 
                        Senior Executive Service or other SES-type 
                        system; or
                            ``(iii) position that has been excepted 
                        from the competitive service by reason of being 
                        of a confidential or policymaking character, 
                        including positions under schedule C of subpart 
                        C of part 213 of title 5 of the Code of Federal 
                        Regulations; and
                    ``(B) does not include any individual appointed as 
                a member of the Senior Foreign Service or solely as a 
                uniformed service commissioned officer.
            ``(3) The term `directly and substantially related to 
        former employer or former clients' means matters in which the 
        individual's former employer or a former client is a party or 
        represents a party.
            ``(4) The term `former client' means any person for whom 
        the individual served personally as agent, attorney, or 
        consultant, but does include instances where the service 
        provided was limited to a speech or similar appearance or 
        clients of the individual's former employer to whom the 
        individual did not personally provide services.
            ``(5) The term `former employer' means any person for whom 
        the individual has within the 2 years prior to the date of 
        appointment served as an employee, officer, director, trustee, 
        or general partner, but does not include any agency or other 
        entity of the Federal Government, Native American tribe, or any 
        United States territory or possession.
            ``(6) The term `lobbying contact' has the meaning given 
        such term in section 3(8) of the Lobbying Disclosure Act of 
        1995 (2 U.S.C. 1602(8)).
            ``(7) The term `particular matter' has the meaning given 
        that term in section 207 and section 2635.402(b)(3) of title 5, 
        Code of Federal Regulations, or any successor regulation.
            ``(8) The term `participate' means to participate 
        personally and substantially.
            ``(9) The term `particular matter involving specific 
        parties' has the meaning as set forth in section 2641.201(h) of 
        title 5, Code of Federal Regulations, or any successor 
        regulation, except that it shall also include any meeting or 
        other communication relating to the performance of an 
        individual's official duties with a former employer or former 
        client, unless the communication applies to a particular matter 
        of general applicability and participation in the meeting or 
        other event is open to all interested parties.''.
    (b) Clerical Amendment.--The table of sections of chapter 11 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 219 the following new item:

``220. Prohibition on participation in matter relating to previous 
                            employment.''.
    (c) Application.--The amendments made by subsection (a) shall apply 
to any individual appointed to a covered position (as that term is 
defined in section 220(d)(2) of title 18, United States Code, as added 
by such subsection) after the date of the enactment of this Act.

SEC. 5. REQUIRING LOBBYING DISCLOSURE REPORTS TO INCLUDE NAMES OF 
              OFFICIALS CONTACTED.

    (a) Requirement.--Section 5(b)(2) of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1604(b)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by adding ``and'' at the end of subparagraph (D); and
            (3) by adding at the end the following new subparagraph:
                    ``(E) a list of each covered executive branch 
                official with respect to whom the lobbyist made a 
                lobbying contact;''.
    (b) Application.--The amendment made by subsection (a) shall apply 
with respect to reports filed under section 5 of the Lobbying 
Disclosure Act of 1995 (2 U.S.C. 1604) for quarters beginning on or 
after the date of the enactment of this Act.
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