[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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