S.1 AND H.R. 9 - POST EMPLOYMENT RESTRICTIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92M00732R001000040029-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 40
• Document Creation Date: December 23, 2016
• Document Release Date: April 15, 2014
• Sequence Number: 29
• Publication Date: March 21, 1989
• Content Type: MEMO

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MEMORANDUM FOR:
THROUGH:
FROM:
tICA
OGC-89-50619
21 March 1989
Office of Congressional Affairs
Chief, Administrative Law Division, OGC
Assistant General Counsel
ALD/OGC
SUBJECT: S.1 and H.R.9 - Postemployment Restrictions
1. You have asked whether the subject bills would
adversely affect Agency equities. While enactment of either
bill could place additional restrictions on postemployment
activities that those who separate from the Agency can
undertake, the CIA would not be directly affected. Moreover,
any impact would be no different than that experienced in any
other executive branch agency or department. Theiefore, I
would not recommend that the Agency take any position with
respect to the proposed legislation. We would like, however,
to be kept abreast of legislative developments with respect to
these and similar bills.
2. The two bills contain provisions that are very similar
to amendments to the postemployment conflicts statute passed by
Congress last year, but pocket vetoed by the President.
Several provisions of the two bills are worth highlighting. In
addition to existing criminal sanctions, both bills would
provide for civil remedies. Such a change might facilitate
enforcement actions under 18 U.S.C. 207 by, among other things,
implicating a lesser burden of proof. Both bills would also
impose "cooling off" periods with respect to services rendered
to foreign governments and related entities. The House bill is
targeted specifically at trade negotiations, but the Senate
version, while limited to only senior and top level employees,
attempts to proscribe a much broader range of relationships
with a foreign entity. Similarly, the Senate bill proposes to
ban, for the first time, mere assistance or advice concerning a
representation before or against the United States. Finally,
at least as to some of the restrictions, members and employees
of Congress would be included in the target populations.
3. In summary, the Agency has no unique equities with
respect to the pending bills. While it is conceivable that
some individuals would face additional restrictions on
postemployment activities, the proposed amendments should not
adversely affect Agency interests.
4. If you have any questions, please call me on
ssis an General Counsel
STAT
STAT.
S TAT -
STAT
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. -
ROUTING AND RECORD SHEET
,
SUBJECT: (Optional)
Proposed Legislation _ - )CN-74.NtLi/6ru-z__,
# i
FROM:
� -
EXTENSION
NO.
Office Congressional Affairs
of
7602 HOS
DATE
A6A
vit;FEB 1989
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
1 .
0 f-"Ki.1.) 6\-c--' G; re vd 'c vd
Cio\.;. Wc-ci(
2. NI H-_,3
62,3 i 7
Atti6hed is a copy of a bill
which was introduced in the
Congress that may be of interest
3.
to your office.
Please have someone on
4.
,
your
staff review it and let me know if
you would like me to monitor its
on an active basis.
5.
progress
I would also like to know if
there are the
6. ,
,
any provisions of
bill that adversely affect Agency
equities.
7.
� Thanks for your help.
8.
_ _
9.
to .
STAT
tt.
STAT
12.
STAT
13.
14.
STAT STAT
15.
FOR 44
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%.1
No. 6�Part II
Congressional Record
PROCEEDINGS AND DEBATES OF THE /0/it CONGRESS, FIRST SESSION
Vol. /35 WASHINGTON, WEDNESDAY, JANUARY 25, 1989
No. 6�Part II
House of Representatives
The House was not in session today. Its next meeting will be held on Friday, January 27, 1989. at 11 a.m.
Senate
WEDNESDAY, JANUARY 25, 1989
(Legislative day of Tuesday, January 3, 1989)
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. THURMOND (for him-
self, Mr. METZENBAITM, Mr.
BIDEN. Mr. Lavin, Mr. SPECTER,
Mr. MITCHELL, Mr. SIMON, Mr.
GRASSIXY, Mr. BOREN, Mr.
PRESSLER, Mr. S/MPSON, Mr.
MOYNIHAN, Mr. HAREIN, Mr.
PELL, Mr. IrrourE, Mr.. SANFoRD,
and Mr. HErNz): � -
S. 1. A bill to amend section 207 of
title 18, United States Code, to prohib-
it Members of Congress and officers
and employees of any branch of the
US. Government from attempting to
Influence the U.S. Government or
from representing or advising a for-
eign entity for a proscribed period
after such officer or employee leaves
Government service, and for other
purposes; read the first time.
INTEGRITY IN POST EILPLOYMENT ACT
Mr. THURMOND. Mr. President. on
October 21, 1988, Congress passed the
Post Employment Restrictions Act of
1988, major ethics legislation, which
strengthens laws against lobbying by
high-level Federal officials immediate-
ly after they leave public service. This
legislation passed the Senate unani-
mously and the House by an over-
whelming margin. Unfortunately, the
President pocket vetoed this bill. Al-
though the President vetoed this pro-
posal, enactment of strong, effective
ethics legislation continues to be vital.
The bill being introduced today, the
same that passed the Senate on April
19, 1988, provides a uniform, straight-
forward, and enforceable way to pre-
vent those who are employed by the
Federal Government from leaving
public service and marketing their
access and influence for financial gain.
In addition, the legislation prevents
Federal employees from vending sensi-
tive information vital to national in-
terests to foreign interests for profit.
I am pleased that Senator Bogs,
chairman of the Senate Judiciary
Committee, and others are joining me
as original cosponsors of this legisla-
tion. with such strong initial support, I
am confident that this important bill
can swiftly move through the legisla-
tive process.
Clear threats arise out of the abu-
sive use of access and influence and
the vending of sensitive information:
First, damage to the integrity of Gov-
ernment, as undue and improper influ-
ence is brought to bear on decision-
making processes; second, erosion of
public confidence in the operation of
the Government, as the American
people sense former employees are ex-
erting, or appear to be exerting, im-
proper influence on current Govern-
ment decisions; and third, jeopardy to
the national interests, as some former
employees advise foreign clients based
on sensitive information gained while
in positions of trust with the Federal
Government.
I introduced my original proposal in
the 99th Congress on April 17, 1986.
The bill was referred to the Judiciary
Committee where two hearings were
held on April 29, 1986, and June 18,
1986. The original legislation was de-
bated by the full committee on June
19, 1986, and June 26, 1986. at which
time the bill was reported by the com-
mittee.
Since no floor action occurred prior
to adjournment of the 99th Congress,
the bill was reintroduced in the 100th
Congress. On May 19, 1987, the full
Judiciary Committee considered the
legislation at which time it was report-
ed by the committee. �
In April 1988, the full Senate began
consideration of the legislation. After
a full debate, the legislation was
passed by the Senate by unanimous
voice vote on April 19, 1988.
Regarding the House, it acted on a
proposal that incorporated many of
the Senate provisions. Their legislative
proposal was considered by the House
Judiciary Committee after hearings
were held. After informal discussions
without a conference between House
and Senate Members. on October 21,
1988, the House debated and passed its
proposal. On that same day, due to the
short time left in the 100th session,
the Senate acted on and passed this
legislation.
Briefly, I would like to highlight cer-
tain provisions included in this legisla-
tion which I am introducing today.
Major features of this bill would re-
strict Members of Congress from lob-
bying the legislative branch and top
executive branch officials for 12
months after leaving Government
service. Top congressional staff could
not lobby the body in which they
worked for 1 year. The highest execu-
tive branch officials would not lobby
the executive branch or Members of
Congress for 12 months after termina-
tion of employment. Other top execu-
This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S 179
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S 180
CONGRESSIONAL RECORD �SENATE
Live branch officials could not lobby
their former agency for this same
period. Additionally. - Members, top
elniffreiliOnal staff, and high-level ex-
ecutive officials could not be employed
by, represent, or advise foreign govern-
ments or foreign political parties for
18 months.
In addition, this legislation main-
tains the lifetime ban in current law
that prohibits all executive branch
employees from lobbying on any issue
in which they had "a personal and
substantial" involvement while in Gov-
ernment service. -
Under the bill, foreign entities are
� defined as foreign governments, for-
eign political parties, or foreign orga-
nizations substantially controlled by.
either. Also, exemptions are included
which allow lobbying by former Gov-
ernment officials for certain charita-
ble, scholastic, or humanitarian pur-
poses.
Maximum criminal penalties of
$250,000 in fines and 5-year prison
terms, or both, are included in the
measure, as well as a provision that
allows, along with any criminal action,
recovery of up to twice the amount of
proceeds obtained by any individual
who. violates restrictions in the bill.
The act would become effective 9
months after the legislation is signed
�into law. -
In conclusion, I believe my original
bill was an appropriate starting place
for Congress to consider much-needed
changes to the weak, confusing, and
oftentimes conflicting laws governing
-..former Members and Federal officials
� -who lobby the Government or work
- for a foreign entity. The legislation
being introduced today fine tunes my
original proposal. Should additional
modifications be necessary to further
improve and strengthen this legisla-
tion, they will be considered. I urge
swift action on this bill.
In closing, when we face a serious-
problem such as the misuse of influ-
ence and access or vending of sensitive
information vital to national interests,
we have two alternatives�do nothing,
or take steps to resolve the problem. I
believe we must take action to prevent
irreparable damage to our Nation and
to restore public confidence and integ-
rity in our system of Government. It is
time that public service be just that�
not merely a stepping stone for future
employment or profit. The American
people demand, deserve, and expect a
standard of ethics which will instill
confidence in all of us that this Gov-
ernment makes decisions based on the
merits of an issue, not based on posi-
tions taken by those who have the
most access, influence, or financial
clout.
I ask unanimous consent that the
full text of the bill be printed in the
RECORD.
There being no objection, the bill
was ordered to be printed In the
RECORD, as follows:
s.1�
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
sectioN I. SHORT TITLE.
This Act may be cited as the "Integrity in
Post Employment Act of 1989".
SEC. 2, STRENGTHENING AND CLARIFYING THE
CURRENT PROVISIONS OF SECTION
207 OF TITLE is.
(a) Ormicsa.�Section 207 of title 18,
United States Code, is amended to read as
follows:
1207. Disqualification of former executive and
legislative branch employees
"(a) PROHIBITION ON BRECTITIVR BRANCH
EMPLOYEES IN A PARTICULAR MATTER.�IL
shall be unlawful for any-former officer or
employee, including 'a special Government
employee, of the executive branch of the
United States, including any independent
agency, or of the District of Columbia�
"(1)(A) knowingly to act as agent or attor-
ney for, or otherwise represent, any other
person other than the United States by
physical presence in a formal or informal
appearance before, or
"(B) with the intent to influence, make
any oral or written communication on
behalf of any other person other than the
United States to,
any department, agency, court, or commis-
sion of the United States or the District of
Columbia, or any officer or employee there-
of, in connection with a particular matter
involving specific parties in which the
United States or the District of Columbia is
a party or has a direct and substantial inter-
est and in which the former officer or em-
ployee participated personally and substan-
tially while so employed.
"(2) within two years after that former of-
ficer's or former employee's employment
has ceased, knowingly to act as an agent or
attorney for. or otherwise represent or
assist in representing�or to aid, counsel,
advise, consult or to assist in representing,
aiding, counseling, advising or consulting�
any person, other than the United States, in
connection with a particular matter involv-
ing specific parties in which the United
States or the District of Columbia is a party
or has a direct and substantial interest and
In which the former officer or employee
participated personally and substantially
while so employed.
"(b) TNVO-YEAR PROHIBITION ON EXEC17T-' IVE
BRANCH EMPLOYEES.�It shall be unlawful
for any former officer or employee de-
scribed in subsection (a), within two years
after that former officer's or former em-
ployee's employment has ceased�
"(1) knowingly to act as agent or attorney
for, or otherwise represent, any other
person other than the United States, by
physical presence in a formal or informal
appearance before. or
"(2) with the intent to influence, make
any oral or written communication on
behalf of any other person other than the
United States to,
any department, agency, court, or cortunis-
don of the United States or the District of
Columbia, or any officer or employee there-
of, in connection with a particular matter
involving specific parties in which the
United States or the District of Columbia is
a party or has a direct and substantial inter-
est and which was actually pending under
the former officer's or former employee's
official responsibility within one year prior
to the date that former officer or employee
ceased employment.
"(C) PROHIBITIONS ON EXECUTIVE AND LEG-
ISLATIVE BRANCH EMPLOYEES.�It shall be un-
lawful for any person, other than a special
January 25, 1989
Government employee who has served no
more than sixty days in the immediately
preceding three hundred and sixty-five con-
secutive days�
"(1) having been employed as a senior offi-
cial. within one year after such employment
has ceased�
"(A) knowingly to act as agent or attorney
for, or otherwise represent, any other
person other than the United States by
physical presence in a formal or informal
appearance before, or
"(B) with the intent to influence, make
any oral or written communication on
� behalf of any other person other than the
United States to.
any department, agency, commission, or leg-
islative entity (or any member, officer, or
employee thereof) in - which the person
served during the one year prior to the ter-
mination of such employment as an officer
or employee;
"(2) having been employed as a top level
official in the executive branch, within one
,� year after such employment has ceased�
"(A) knowingly to act as agent or attorney
for, or otherwise represent, any other
person Other than the United States by
physical presence in a formal or informal
appearance before, or
"(B) with the intent to influence, make
any dt�al or -written communication on
behalf of any other person other than the
United States to,
any entity of the executive brandh of the
United States, including any independent
agency of the United States, or any officer
or employee thereof, or any Member of
Congress; or
"(3) having served as a Member of Con-
gress, within one year after such service has
ceased�
"(A) knowingly to act as agent or attorney
for, or otherwise- represent, any other
per* other than the United States by
physical presence in a formal or informal
appearance before, or
"(B) with the intent to influence, make
any oral or written communication on
behalf of any other person other than the
United States to,
any entity of the legislative branch of the
United States, or any member, officer, or
employee thereof, or any top level official of
the executive branch; or
"(4) having been employed as a senior or
top level official, within eighteen months
after such employment has ceased, to be
employed by, represent, or advise a foreign
entity for compensation, financial gain, or
other remuneration.
For the purposes of paragraph (1), the legis-
lative entity in which a person served is the
Senate, if the person was employed by the
Senate, or the House of Representatives, if
the person was employed by the House of
Representatives.
"(d) AGENTS COMMUNICATING ON BEHALF OF
A FORMER OFFICER OR EMPLOYEE.�It shall be
unlawful for any person knowingly, in the
course of representing any other person
other than the United States, by any oral or
written communication to any department,
agency, commission, court, or legislative
entity of the United States (or any member,
officer, or employee thereof) to communi-
cate to such department, agency, commis
sion, court, or legislative entity that such
communication is on behalf of a former )
member, officer, or employee covered under'
subsection (a), (b), or (c) of this section if
such a communication by the former
member, officer, or employee is prohibited
by subsection (a). (b), or (c).
-(e) COVERAGE.�
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OP MIS; br
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25, 198 January 25, 1989 CONGRESSIONAL RECORD � SENATE S 181
s served no
immediately.