text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Deter Revolving-door Appointments In 
  our Nation; Stop Washington Appointees from becoming Manipulative 
  Petitioners Act'' or the ``DRAIN the SWAMP Act''.
  
  SEC. 2. RESTRICTIONS ON LOBBYING ACTIVITIES OF FORMER POLITICAL 
                APPOINTEES.
  
      (a) 5-Year Post-Employment Ban on Serving as Registered Lobbyist.--
              (1) In general.--Section 207 of title 18, United States 
          Code, is amended by striking subsections (c) and (d) and 
          inserting the following:
      ``(c) Restrictions on Senior Personnel of the Executive Branch and 
  Independent Agencies.--
              ``(1) Restrictions.--In addition to the restrictions set 
          forth in subsections (a) and (b), any person who is a political 
          appointee of the executive branch of the United States 
          (including an independent agency), and who, within 5 years 
          after the termination of his or her service or employment as 
          such a political appointee, knowingly makes, with the intent to 
          influence, any communication to or appearance before any 
          officer or employee of the department or agency in which such 
          person served, on behalf of any other person (except the United 
          States), in connection with any matter on which such person 
          seeks official action by any officer or employee of such 
          department or agency, shall be punished as provided in section 
          216 of this title.
              ``(2) Political appointee.--The term `political appointee' 
          means an individual who is--
                      ``(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.
              ``(3) Waiver.--At the request of a department or agency, 
          the Director of the Office of Government Ethics may waive the 
          restrictions contained in paragraph (1) with respect to any 
          position, or category of positions, referred to in paragraph 
          (2) in such department or agency if the Director determines 
          that--
                      ``(A) the imposition of the restrictions with 
                  respect to such position or positions would create an 
                  undue hardship on the department or agency in obtaining 
                  qualified personnel to fill such position or positions; 
                  and
                      ``(B) granting the waiver would not create the 
                  potential for use of undue influence or unfair 
                  advantage.''.
              (2) Conforming amendments.--Section 207 of such title is 
          amended--
                      (A) in subsection (f)(1), by striking ``subsection 
                  (c), (d), or (e)'' and inserting ``subsection (c) or 
                  (e)'';
                      (B) in subsection (h)(2), by striking ``subsection 
                  (c)(2)(A)(i) or (iii)'' and inserting ``subsection 
                  (c)(2)(A) or (C)''; and
                      (C) in subsection (i)(1)(A), by striking 
                  ``subsections (a), (c), and (d)'' and inserting 
                  ``subsections (a) and (c)''.
      (b) Lifetime Ban on Serving as Agent of Foreign Government.--
              (1) Registration as agent.--The Foreign Agents Registration 
          Act of 1938 (22 U.S.C. 611 et seq.) is amended by adding at the 
          end the following new section:
  
  ``SEC. 12. PROHIBITING REGISTRATION BY FORMER POLITICAL APPOINTEES.
  
      ``(a) Prohibition.--No individual may register under this Act or 
  otherwise serve as the agent of a foreign principal if the individual 
  at any time served as a political appointee (as defined in subsection 
  (b)).
      ``(b) Political Appointee.--The term `political appointee' means an 
  individual who is--
              ``(1) employed in a position described under sections 5312 
          through 5316 of title 5, United States Code (relating to the 
          Executive Schedule);
              ``(2) 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
              ``(3) 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.''.
              (2) Other representation as foreign entity.--Section 
          207(f)(1)(A) of title 18, United States Code, is amended by 
          inserting after ``within 1 year'' the following: ``(or, in the 
          case of a person who is subject to the restrictions contained 
          in subsection (c), at any time)''.
      (c) Effective Date.--
              (1) In general.--The amendments made by this section shall 
          apply with respect to any individual whose service as a 
          political appointee terminates on or after the date of the 
          enactment of this Act.
              (2) Definition.--In paragraph (1), the term ``political 
          appointee'' has the meaning given such term in section 
          207(c)(2) of title 18, United States Code (as amended by 
          subsection (a)(1)), and section 12(b) of the Foreign Agents 
          Registration Act of 1938 (as added by subsection (b)(1)).
target: Deter Revolving-door Appointments in our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act or the DRAIN the SWAMP Act This bill amends the federal criminal code to revise post-employment lobbying restrictions on senior executive branch officials and employees. Specifically, it imposes a five-year ban on communications by a former political appointee with the intent to influence officers or employees at their former executive branch agency or department.  The term political appointee includes certain senior political officials compensated on the Executive Schedule; limited term, limited emergency, and noncareer appointees in the Senior Executive Service; and employees in confidential or policy-determining positions in the excepted service. Additionally, the bill amends the Foreign Agents Registration Act of 1938 to impose a lifetime ban on lobbying by a former political appointee on behalf of a foreign government or foreign political party.
feat_title: Deter Revolving-door Appointments In our Nation; Stop Washington Appointees from becoming Manipulative Petitioners Act