Section 1 Short title
This Act may be cited as the “Drain the Swamp Act of 2017”.
Drain the Swamp Act of 2017
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.
Sec. 2 5-year post-employment ban on lobbying of executive and legislative branch by all former government officials
5-Year post-Employment ban on lobbying of executive and legislative branch—
Lobbying by former executive branch officials—
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.”
Description of former executive branch officials subject to ban— Subparagraph (A) of section 207(c)(2) of such title is amended—
by striking “or” at the end of clause (iv);
by striking the period at the end of clause (v) and inserting “; or”; and
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.”
Elimination of separate 2-year ban for senior executive branch officials— Section 207 of such title is amended by striking subsection (d).
Conforming amendments— Section 207 of such title is amended—
in subparagraph (A) of subsection (c)(2), by striking “(other than a person subject to the restrictions of subsection (d))”;
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.”
in paragraph (9) of subsection (e), by striking “As used in this subsection” and inserting “As used in this section”;
in paragraph (1) of subsection (f), by striking “subsection (c), (d), or (e)” and inserting “subsection (c) or (e)”;
in subparagraph (A) of subsection (i)(1), by striking “subsections (a), (c), and (d),” and inserting “subsections (a) and (c),”;
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
in paragraph (5) of subsection (j), by striking “subsections (a), (c), and (d)” and inserting “subsections (a) and (c)”.
Lobbying by former Members and employees of Congress and other legislative branch officials—
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.”
Conforming amendments— Section 207(e) of such title is amended—
by redesignating paragraphs (7), (8), and (9) as paragraphs (2), (3), and (4);
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”;
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
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”.
Conforming amendments to other post-Employment restrictions—
Switching sides on matters under official responsibility— Paragraph (2) of section 207(a) of such title is amended—
in the heading, by striking “Two-year” and inserting “5-year”; and
by striking “within 2 years” and inserting “within 5 years”.
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”.
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”.
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
Lifetime ban— Section 207(f) of title 18, United States Code, is amended—
by redesignating paragraph (3) as paragraph (4); and
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.”
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
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”.
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”.
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
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”.
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.