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H.R. 4343 (112th): Foreign Lobbying Reform Act

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The text of the bill below is as of Mar 29, 2012 (Introduced). The bill was not enacted into law.

I

112th CONGRESS

2d Session

H. R. 4343

IN THE HOUSE OF REPRESENTATIVES

March 29, 2012

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit the President, the Vice President, Members of Congress, and other officers of the executive branch from lobbying on behalf of foreign governments or instrumentalities for 10 years after leaving office.

1.

Short Title

This Act may be cited as the Foreign Lobbying Reform Act.

2.

Prohibition on lobbying for foreign governments

(a)

Prohibition on lobbying

Section 207 of title 18, United States Code, is amended by adding at the end the following new subsection:

(m)

Additional restrictions relating to foreign entities

(1)

In general

In addition to the restrictions contained in subsection (f), any person who serves in a position described in paragraph (2) and who, within 10 years after leaving that position, knowingly—

(A)

represents a foreign entity before any Member, officer, or employee of either House of Congress, or any officer or employee of a department or agency of the executive branch, with the intent to influence a decision of such officer, employee, or Member, in his or her official capacity, or

(B)

aids or advises a foreign entity with the intent to influence a decision of any Member, officer, or employee of either House of Congress, or any officer or employee of a department or agency of the executive branch, in his or her official capacity,

shall be punished as provided in section 216 of this title.
(2)

Positions subject to restriction

(A)

In general

The positions referred to in paragraph (1) are the following:

(i)

The President.

(ii)

The Vice President.

(iii)

A Member of Congress.

(iv)

A covered appointee position.

(B)

Covered appointee position

For purposes of this paragraph, an individual serves in a covered appointee position if the individual serves—

(i)

except as provided in clause (ii), in a position in an Executive agency to which the individual was appointed by the President, by and with the advice and consent of the Senate;

(ii)

in a position that is held by an active duty commissioned officer of the uniformed services who is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O–7 or higher; or

(iii)

in any of the following positions:

(I)

Deputy Director of National Intelligence.

(II)

Deputy Director of the Central Intelligence Agency.

(III)

Associate Deputy Director of the Central Intelligence Agency.

(IV)

The Director of the National Clandestine Service.

(V)

Chief of Station for the Central Intelligence Agency at an embassy or consulate of the United States.

(3)

Definitions

As used in this subsection—

(A)

the term Executive agency means an Executive agency as defined by section 105 of title 5, including the Executive Office of the President;

(B)

the term Member of Congress has the meaning given that term in subsection (e)(9) of this section; and

(C)

the term foreign entity means—

(i)

the government of a foreign country as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended; and

(ii)

any entity owned or controlled, in whole or in part, by the government of a foreign country (as so defined).

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