LEGI-SLATE REPORT FOR THE 100TH CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B01356R000200240026-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 23, 2016
• Document Release Date: December 15, 2011
• Sequence Number: 26
• Publication Date: August 17, 1987
• Content Type: MISC

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LEGi-SLATE Report for the 100th Congress August 177, 19E? 9: (EDT
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M_ asu'-e. Sponsor and Short Title:
- . F.. "-71 by WOL PE HOWARD (L-l":11', -- Foreign
At of 19E'
0+4i el TitlE (caution; :
A bill to amend Chapter 11 of Title 1E. United State= Code, tc Fra-i__-
the President, the Vice President, cer-tai n other forme- Fede-e? civil i e-: and
rr: 1 itary personnel, and Members of Congress from repres_ntinc or ad?vi s_. r.z
foreign persons for a period of 4 years after leaving Government servic ar;d
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 Declassified in Part - Sanitized Copy Approved for Release 2011/12/15: CIA-RDP89BO1356R000200240026-4
Act of 1987
F Specified Actions:
25/87 -- In The HOUSE
troduced by WOLPE, HOWARD (D-MI)
Referred to HOUSE COMMITTEE ON THE JUDICIARY
Remarks by KAPTUR (D-OH) in "Congressional Record" (CR Page H-799)
Remarks by WOLPE, HOWARD (D-MI) in "Congressional Record" (CF Page H-797)
05/12/87 -- In The HOUSE
Extensions to Remarks by KAF'TUR (D-OH.' in "Congressional Fecor:."
Public hearino held by ADMINISTRATIVE LAW AND GOVERNMENTAL RELATIONS
SUBCOMMITTEE
Please enter NAME of desired report (or ' MENL! ) ........... bill te::t
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to see a list of bill with full te;.t (or- STOF'') : Mr 1271
H.R.12^1 by WOLFE, HOWARD (D-MI) -- Foreign Agents Compulsory Ethics in Trade
Act of 1987
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LEG--ELATE Report for the 100th Congress A~~aL'=t 1-. ;9S- q:'O(EDT
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Report for H.F:.1D'i Foreign Agents_ Compulsory Etr:
As introduced in the House
Complete Text of this version
1CZtr: CONGRESS
1st session
r
Tc. E.mend chapter 11 of title it. Unitet Stare=_ CO.JE. tc D!-Orii the
President, the Vice F'reside ce+-t1ln otne' o- r,s? Fea.. C dika', arc yl:
m 1 1 tat-Y oersonnel, and N ~T~ a c o Cona ccc -O+: re '-ssan : i rid or cc %`1 s1 r;C
foreign persons for a per lc-C v' 4 years a-ite: ~.c.."inc t'Ert e- Y1
and for other purposes.
(CR Page E-1872)
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olde (for Ms. Kaptur, Mr. Ackerman, Mr. Akaka, Mr. Atkins, Mr. Bevill,
Mr. Bruce, Mr. Bryant, Mr. Bustamante, Mr. Dellums, Mr. Dorgan of North
Dakota, Mr. Edwards of California, Mr. English, Mr. Evans, Mr. Frank, Mr.
Gray of Illinois, Mr. Gray of Pennsylvania, Mr. Hertel, Mr. Lipinski, Mr.
Martinez, Mr. Miller of California, Mr. Neal, Ms. Oakar, Mr. Oberstar, Mr.
Porter, Mr. Robinson, Mr. Savage, Mr. Skelton, Mr. Torricelli, Mr. Udall,
Mr. Vento, Mr. Walgren, Mr. Weiss, and Mr. Cooper) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To amend chapter 11 of title 18, United States Code, to prohibit the
President, the Vice President, certain other former Federal civilian ar,d
military personnel, and Members of Congress from representing or advising
foreign persons for a period of 4 years after leaving Government ser;ice,
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 "Foreign Agents Compulsory Ethics in Trade
Act of 1967".
SEC. 2. LIMITATIONS ON REPRESENTING OR ADVISING CERTAIN FOREIGN ENTITIES.
(a) In General.--Chapter 11 of title 18, United States Code, is amended by
inserting after section 207 the following new section:
"Sec. 207a. Limitation on the representation or advising of foreign persons by
certain former Federal officers and employees and members of the uniformed
services
"(a) Any person who serves as an officer or employee, or a member of a
uniformed service, described in subsection (c), may not, during the 4-year-
period after that person's service as such an officer or employee has ceased,
act a .ar agent or attorney for or otherwise represent or advise, for-
Comp ensat i or?--
" (1) a government of a foreign country or a foreign political part,,:
"(2) a person outside of the United States, unless such person--
"(A) if an individual, is a citizen of and domiciled within the
United States, or
"(B) if not an individual, is organized under- or created b', the
laws of the United States or of an?>State or other place subject tc
the jurisdiction of the United States and has its principal place D-;
business within the United States; or
"(?') a partnership, association, corporation. organization, or ctrie"
combination of persons organized under the laws of or having its pr-inc~p~.~
place of business in a fcr-ei gn country.,
iT the representation or advice relate= directly to a matter in which the
United States is a party or has a direct and substantial interest. For-
puw-poses of this subsection, the term compensatior:' means any payment, c: .
bone-it, reward, favor, or gratuity which is pr-o.'ided, directly or indir-e_t:. .
for services rendered.
" ( t - ( 1 : Any person described in suose:t i or. ; c .' v:nc. F.nowi ngi y arnd
subsection ta) shall be imprisoned for not mcore than two years s-
c,' ate=
sr,alI be subject to a fine in the amount pr-ovidec in trsis title.
"(2) Any person described in subse=tion (c- who 1-:nowingly violates
s,_u.bsectior: (a) shall be subject to a civil penalt, of $25C,000, or the a,
of compensation which the person receives for the prohibited conduct.
whi chEver- amount is greater. The Attorney General ma'., bring an action and
_-. ~.
iL- - -nnrnr.F. ir, nn =nnrnnri. fP United States district court acairst an.
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 pa.& IL y w wtr pow' WV. _J- . . _ - -
c) The prohibitions set forth in subsection (a) apply to--
"(I) the President of the United States;
"(2) the Vice President of the United States;
"(3) the head of each executive department as defined in section 101
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of title 5;
"(4) an individual who--
"(A) is appointed by
3
the President under section 105(a) (2) (A) of
,
title
"(B) is appointed by the Vice President under section 106(a)(1)(A)
of title =;
" (C) is not described in paragraph ("ZN) or subparagraph (A, or (E
and serves in a position in level I, level II, level III, level IV, or
level V of the Executive Schedule., or
"(D) is a member of a uniformed set-vice in a pay grade of 0-7 or
higher and is serving on active duty; and
"(5) each Member of Congress.
of subsection (c) (4) (D) . the term 'uniformed
ose=
"
_
(d) (1) For purp
services' means the Army, Navy, Air Force, Marine Corps, Coast Guard. National
Oceanic and Atmospheric Administration, and Public Health Service.
"(2) For purposes of this section, the service of a member or former-
member of a uniformed service shall be considered to have ceased upon such
member's discharge or release from active duty.
"(e)(1) An individual described in subsection (c) may apply to the
Attorney General for a waiver of the applicability of the prohibition
contained in subsection (a) with respect to conduct prohibited by subsection
(a).
"(2) The Attorney General shall grant a waiver under paragraph (1) unlees_
the Attorney General determines that the proposed conduct-- .
"(A) could harm the security, trade-, or other national interests of
the United States; or
"(B) would create an undue appearance of conflict of interest.
An individual who applies for a waiver under paragraph (1) and who
does not receive a determination under paragraph (2) on the waiver within PC
days after the application is made may engage in the conduct with respect to
which the application is made.
"(4) Upon the filing of any application for a waiver under this
Subsection. and upon the granting of any such waiver, notice of such filing or
granting shall be published in the Federal Register.
" tf) If the Attorney General has reason tc bei ieve that a. pe'-_or. i
t `,E
engaging or is about to engage in conduct in violation Of s_!bsectiLin `,
Attorney General may petition an appropriate United States district co_!-t fo-
ar. order prohibiting that person from engaging in such conduct. The co~.u.r-t rrE .
issue such order if it finds that such conduct does or would violate
subsection (a). The filing of a petition; unde- this subsection does not
preclude any other remedy which is available by laN: to the United States or
any other person.".
(b) Technical Amendment.--The table of section- at the beginning cif
chapter 11 of title 18, United States Code, is amended by inserting afte'- t~~a
item relating to section 20- the following new item:
"2C7a. Limitation on the representation or advising of foreign person= by
certain former Federal officers and employees . and members of
the uniformed services.".
SEC. OTHER CONFLICTS OF INTEREST.
tic.) Designation of Separate Agen:ie_ and BureauS. --S_lbse=tiO^1 ie` C'
fciiovr:
s.e=tlon 207 of title 1e-., United States- CodE, is amended tc reac as
" (e) (1) For Purposes Of subeecti or: (c; and e:.cep' as Cyr o'vi Ce: a r: pa-
the 'Di rector of the Office cf GcY: ernrr-_-.t Ezni_ cs de t e? m ne
whenever
c separate statutory agency or bur-eauu within a depantrrmer:t c- agen= E. E' - -
distinct and separate from the rerr.a:n:ng functions cc- -'?E
func+ ~ior,_ which are department or agency, the Director shall by rule designate such agency C.
bureau as separate department or agency.
" I " N ro' r=.7% .- n,trnr,ses of subsection (c` , a desionatior. of an. aoen=v c~-
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 ? .- . full MOO l
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thin which the designated agency or bureau exists, if the official
responsibilities of the officer or employee included supervision of that
designated agency or bureau.
"(B) For purposes of paragraph (1) , the Executive Office of the President
shall be considered a department or agency without any separate agencies or
bureaus.".
(b) Civil Penalty; Orders Prohibiting Activity.--Section 207 of title 15,
United States Code, is amended by adding at the end the following:
"(k) Any person who violates subsection (a%, (b), (c), or (g) shall be
subject to a civil penalty of S'250,000, or the amount of compensation which
the person receives for the prohibited conduct, whichever- amount is greate
The Attorney General may bring an action under this subsection in an
appropriate United States district court against any such person. A violation
under this subsection must be established by a preponderance of the evidence.
The penalty under this subsection is in lien. Of the penalties otherwise
provided in this section for violations of subsection (a), (b), (c), or (0).
" (1) 14 the- Attorney General has reason to believe that a per-sc'n is
engaging or is about to engage in conduct it Violation of subsection (a". lb'.
(L), or (o). the Attorne> General may petition a!-, appropriate Unite- Eta es
district court for an order pr-ohib .t:no that person frog enaeoinc ir, su_`:
conduct. The court gra'y' i ss-'e 5'_tch order i4 ii finds that su_h em_ 1 GV:T:en . or
activity does or would violate subsection (a', (b). (c), or (a). The filing c4
a petition under this subsection does riot preclude any other remedy which is
available by law to the United Staten or any other person.".
SEC. A. EFFECTIVE DATE.
(a) In Ge-,eral. --Subject to subs__t1 ons (b) and (c). this Act and the
amendments made by this Act take effect on January' 1, 1988.
(b) For Section = (a). --Sub iect to subsection (c) , the amendment made
section T (a) takes effect on the date of the enactment of th:s Act.
cc) Effect on Employment. -- (1) The amendments made by this Act do not.
e::cept as provided in paragraph apply to a person whose service as a-.
officer- or e:T:pl o?, ee to which such amendments apply ter-mi rated be- tore the
effective date of such amendments.
(2) Paragraph (1) does not preclude the application of the amendments made
by this Act to a person with respect to service as an, officer- or employee b,
that person on or after the effective date of such amenamer ts.
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