[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 796 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 796
To amend title 18, United States Code, to establish a uniform 5-year
post-employment ban on the lobbying of any officer or employee of the
executive branch or any Member, officer, or employee of Congress by
former executive branch officials and former Members, officers, and
employees of Congress, to establish a lifetime post-employment ban on
lobbying on behalf of foreign governments by former senior executive
branch officials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 1, 2017
Mr. DeSantis introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on House
Administration, 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 title 18, United States Code, to establish a uniform 5-year
post-employment ban on the lobbying of any officer or employee of the
executive branch or any Member, officer, or employee of Congress by
former executive branch officials and former Members, officers, and
employees of Congress, to establish a lifetime post-employment ban on
lobbying on behalf of foreign governments by former senior executive
branch officials, 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 ``Drain the Swamp Act of 2017''.
SEC. 2. 5-YEAR POST-EMPLOYMENT BAN ON LOBBYING OF EXECUTIVE AND
LEGISLATIVE BRANCH BY ALL FORMER GOVERNMENT OFFICIALS.
(a) 5-Year Post-Employment Ban on Lobbying of Executive and
Legislative Branch.--
(1) Lobbying by former executive branch officials.--
(A) In general.--Paragraph (1) of section 207(c) of
title 18, United States Code, is amended to read as
follows:
``(1) Restrictions.--
``(A) In general.--In addition to the restrictions
set forth in subsections (a) and (b), any person who is
an officer or employee (including any special
Government employee) of the executive branch of the
United States (including an independent agency), who is
referred to in paragraph (2), and who, within 5 years
after the termination of his or her service or
employment as such officer or employee, knowingly
makes, with the intent to influence, any communication
to or appearance before any individual described in
subparagraph (B) on behalf of any other person (except
the United States) in connection with any matter on
which such other person seeks official action by such
individual, shall be punished as provided in section
216 of this title.
``(B) Individuals described.--An individual
described in this subparagraph is any of the following:
``(i) An officer or employee of the
executive branch of the United States
(including an independent agency).
``(ii) A Member of Congress.
``(iii) An elected officer of the Senate or
an employee of the Senate.
``(iv) An elected officer of the House of
Representatives or an employee of the House of
Representatives.
``(v) An employee of any other legislative
office of the Congress.''.
(B) Description of former executive branch
officials subject to ban.--Subparagraph (A) of section
207(c)(2) of such title is amended--
(i) by striking ``or'' at the end of clause
(iv);
(ii) by striking the period at the end of
clause (v) and inserting ``; or''; and
(iii) by adding at the end the following
new clauses:
``(vi) serves in the position of Vice President of
the United States;
``(vii) is employed in a position in the executive
branch of the United States (including any independent
agency) at a rate of pay payable for level I of the
Executive Schedule or employed in a position in the
Executive Office of the President at a rate of pay
payable for level II of the Executive Schedule; or
``(viii) is appointed by the President to a
position under section 105(a)(2)(A) of title 3 or by
the Vice President to a position under section
106(a)(1)(A) of title 3.''.
(C) Elimination of separate 2-year ban for senior
executive branch officials.--Section 207 of such title
is amended by striking subsection (d).
(D) Conforming amendments.--Section 207 of such
title is amended--
(i) in subparagraph (A) of subsection
(c)(2), by striking ``(other than a person
subject to the restrictions of subsection
(d))'';
(ii) by amending paragraph (3) of
subsection (c) to read as follows:
``(3) Members of the independent payment advisory board.--
Paragraph (1) shall apply to a member of the Independent
Payment Advisory Board under section 1899A of the Social
Security Act.'';
(iii) in paragraph (9) of subsection (e),
by striking ``As used in this subsection'' and
inserting ``As used in this section'';
(iv) in paragraph (1) of subsection (f), by
striking ``subsection (c), (d), or (e)'' and
inserting ``subsection (c) or (e)'';
(v) in subparagraph (A) of subsection
(i)(1), by striking ``subsections (a), (c), and
(d),'' and inserting ``subsections (a) and
(c),'';
(vi) in subsection (j), by striking
``subsections (c), (d), and (e)'' each place it
appears in paragraph (2), subparagraph (A) of
paragraph (7), and subparagraph (B)(ii) of
paragraph (7); and
(vii) in paragraph (5) of subsection (j),
by striking ``subsections (a), (c), and (d)''
and inserting ``subsections (a) and (c)''.
(2) Lobbying by former members and employees of congress
and other legislative branch officials.--
(A) In general.--Section 207(e) of such title is
amended by striking paragraphs (1) through (6) and
inserting the following:
``(1) Restrictions described.--
``(A) In general.--Any person who is a covered
legislative branch official and who, within 5 years
after leaving office or the termination of his or her
service or employment as such an official, knowingly
makes, with the intent to influence, any communication
to or appearance before any individual described in
subparagraph (C) on behalf of any other person (except
the United States) in connection with any matter on
which such other person seeks official action by such
individual, shall be punished as provided in section
216 of this title.
``(B) Covered legislative branch official
described.--In this paragraph, a `covered legislative
branch official' is any of the following individuals:
``(i) A Member of Congress.
``(ii) An elected officer of the Senate or
an elected officer of the House of
Representatives.
``(iii) An employee of the Senate or an
employee of the House of Representatives to
whom paragraph (2)(A) applies.
``(iv) An employee of any other legislative
office of the Congress to whom paragraph (2)(B)
applies.
``(C) Individuals described.--An individual
described in this subparagraph is any of the following:
``(i) An officer or employee of the
executive branch of the United States
(including an independent agency).
``(ii) A Member of Congress.
``(iii) An elected officer of the Senate or
an employee of the Senate.
``(iv) An elected officer of the House of
Representatives or an employee of the House of
Representatives.
``(v) An employee of any other legislative
office of the Congress.''.
(B) Conforming amendments.--Section 207(e) of such
title is amended--
(i) by redesignating paragraphs (7), (8),
and (9) as paragraphs (2), (3), and (4);
(ii) in subparagraph (A) of paragraph (2)
(as so redesignated), by striking ``The
restrictions contained in paragraphs (2), (3),
(4), and (5) apply only to acts by a former
employee'' and inserting the following: ``The
restrictions contained in paragraph (1) apply
only to acts by a former employee of the Senate
or a former employee of the House of
Representatives'';
(iii) in subparagraph (B) of paragraph (2)
(as so redesignated), by striking ``The
restrictions contained in paragraph (6) apply
only to acts by a former employee'' and
inserting the following: ``The restrictions
contained in paragraph (1) apply only to acts
by a former employee of any other legislative
office of the Congress''; and
(iv) in subparagraph (G) of paragraph (4)
(as so redesignated), by striking ``any other
agency, entity, or office in the legislative
branch not covered by paragraph (1), (2), (3),
(4), or (5) of this subsection'' and inserting
the following: ``and any other officer or
employee of the legislative branch who is not
an employee of the House of Representatives or
an employee of the Senate''.
(b) Conforming Amendments to Other Post-Employment Restrictions.--
(1) Switching sides on matters under official
responsibility.--Paragraph (2) of section 207(a) of such title
is amended--
(A) in the heading, by striking ``Two-year'' and
inserting ``5-year''; and
(B) by striking ``within 2 years'' and inserting
``within 5 years''.
(2) Representations in treaty or trade negotiations.--
Paragraph (1) of section 207(b) of such title is amended by
striking ``for a period of 1 year'' and inserting ``for a
period of 5 years''.
(3) Representation of foreign entities.--Paragraph (1) of
section 207(f) of such title is amended by striking ``within 1
year'' and inserting ``within 5 years''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any individual who, on or after the date of the
enactment of this Act, leaves a position to which subsection (a), (b),
(c), or (e) of section 207 of title 18, United States Code, as amended
by this section, applies.
SEC. 3. LIFETIME BAN ON LOBBYING ON BEHALF OF FOREIGN GOVERNMENTS FOR
SENIOR EXECUTIVE BRANCH OFFICIALS.
(a) Lifetime Ban.--Section 207(f) of title 18, United States Code,
is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Special rule for very senior personnel of the
executive branch and independent agencies.--
``(A) Lifetime ban.--With respect to an individual
described in subparagraph (B), the restrictions
described in paragraph (1) shall apply to representing,
aiding, or advising foreign entities at any time after
the termination of that individual's service in a
position described in such subparagraph.
``(B) Personnel described.--An individual described
in this subparagraph is any individual who--
``(i) serves in the position of Vice
President of the United States;
``(ii) is employed in a position in the
executive branch of the United States
(including any independent agency) at a rate of
pay payable for level I of the Executive
Schedule or employed in a position in the
Executive Office of the President at a rate of
pay payable for level II of the Executive
Schedule; or
``(iii) is appointed by the President to a
position under section 105(a)(2)(A) of title 3
or by the Vice President to a position under
section 106(a)(1)(A) of title 3.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any individual who, on or after the date of the
enactment of this Act, leaves a position to which section 207(f)(3) of
title 18, United States Code, as added by subsection (a), applies.
SEC. 4. REVISIONS TO TYPES OF LOBBYING SUBJECT TO LOBBYING DISCLOSURE
ACT OF 1995.
(a) Treatment of Consulting and Advising as Lobbying Activity.--
Section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7))
is amended by striking ``preparation and planning'' and inserting
``consulting and advising, preparation and planning''.
(b) Increase in Threshold for Qualification for Exemption From
Lobbying Registration and Disclosure Requirements for Individuals
Providing Limited Lobbying Services for Clients.--Section 3(10) of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(10)) is amended by
striking ``less than 20 percent of the time'' and inserting ``less than
10 percent of the time''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to lobbying contacts made on or after the date of
the enactment of this Act.
SEC. 5. PROHIBITING SOLICITATION BY FOREIGN NATIONALS OF CAMPAIGN
CONTRIBUTIONS, EXPENDITURES, DISBURSEMENTS.
(a) Prohibition.--Section 319(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended by striking
``to make'' each place it appears and inserting ``to make or solicit''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to solicitations made on or after the date of the
enactment of this Act.
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