SEC. CLARIFICATION OF ACTIVITIES WITH RESPECT TO THE
DEPARTMENT OF DEFENSE BY CERTAIN OFFICERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT.

1045 of the National Defense Authorization Act for Fiscal

Year 2018 (10 U.S.C. 971 note prec.) is amended?

(1) in subsection 

(A) by striking ?activities? and inserting ?contacts?; and

(B) by striking ?the Department of Defense? and inserting ?a Department
of Defense component in which such individual served within one year of
retirement or separation?;
(2) in subsection 

(A) by striking ?activities? and inserting ?contacts?; and

(B) by striking ?the Department of Defense? and inserting ?a Department
of Defense component in which such individual served within one year of
retirement or separation?;
(3) by redesignating subsection as subsection 
(4) by inserting after subsection the following new subsection:

SPECIAL RULE FOR CERTAIN APPOINTEEs.?Notwithstanding any other provision of
this section, for purposes of applying the prohibitions in subsections and with
respect to an individual who is employed at a rate of pay speci?ed in or ?xed according to
subchapter II of chapter 53 of title 5, United States Code, the Department of Defense shall be

treated as a single componen and

subsection (as redesignated by paragraph (3) of this subsection)?
(A) in paragraph 

by redesignating subparagraphs (A) and (B) as clauses and
respectively;

(ii) in the matter preceding clause (as so redesignated), by
striking ?The term ?lobbying activities with respect to the Department of
Defense? means the following? and inserting the following: The term
clobbying contacts with respect to a Department of Defense component in
which such individual served within one year of retirement or separation?
means, subject to subparagraph (B), the following:?;

in clause (as so redesignated)?

(I) by striking ?and other lobbying activities?; and
(II) by striking ?the Department of Defense? and inserting

?a Department of Defense component in which such individual

served within one year of retirement or separation?;

(iv) in clause (ii) (as so redesignated), by striking ?the Department
of Defense? and inserting ?a Department of Defense component in which
such individual served within one year of retirement or separation?; and

by adding at the end the following new subparagraph:

Such term does not include communications and appearances described in

section 2070) of title 18, United States Code?;

paragraph (2), by striking ?The terms ?lobbying activities? and
?lobbying contacts? have the meaning given such terms? and inserting ?The term
?lobbying contacts? has the meaning given such term?; and
(C) by adding at the end the following new paragraph:
The term ?Department of Defense component? means?
an agency or bureau of the Department of Defense designated by the
Director of the Of?ce of Government Ethics as a separate department or agency
under subsection (11) of section 207 of title 18, United States Code, for purposes of
subsection of such section; and
an element of the Department of Defense that has not been so
designated, except that all such elements shall be collectively treated as a single
Department of Defense component?.
EFFECTIVE amendments made by subsection shall take effect as if
enacted on December 12, 2017, immediately following the enactment of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115?91).

[Please note: The ?Changes to Existing Law? section below sets out in red-line format how
the legislative text would amend existing law.]

Section-by?Section Analysis

This proposal would modify section 1045 of the National Defense Authorization Act for
Fiscal Year 2018, which adds additional post-employment restrictions to certain senior
Department of Defense personnel, to be consistent with the post-government employment
criminal statute in section 207 of title 18, United States Code. The following modi?cations are
proposed:

The term ?componen is added to subsection and de?ned in new paragraph (4) of
subsection (originally subsection and redesignated as subsection Under the
authority in 18 U.S.C. 207(h), the Director of the Of?ce of Government Ethics has designated
separate components within the Department of Defense (See Appendix to 5 C.F.R. Part 2641).
This change aligns section 1045 with the criminal statute, which reasonably permits former

senior personnel serving in positions below the Presidentially appointed, Senate-con?rmed
level to communicate with employees of a designated separate and distinct component of the
Department from that in which the former of?cial served.

Using ?lobbying contacts? rather than ?lobbying activities? throughout makes section
1045 more consistent with the criminal restrictions in 18 U.S.C. 207(c) that bar direct
communication with or appearance before a departed of?cial?s former agency, but permit former
personnel to work behind-the?scenes. This change alleviates the confusion introduced by the
original section 1045?s de?nitions suggesting activities ?in support of lobbying contacts? are
prohibited.

To ?lrther harmonize section 1045 with the criminal statute, paragraph (1) of subsection
(as redesignated) is amended to include the exceptions provided under the post?government
employment law at 18 U.S.C. 2070). This continues the ability of former senior of?cials to
communicate on behalf of recognized institutions of higher education and hospitals and similar
excepted entities and circumstances.

Paragraph (4) of subsection (as redesignated) is added to set forth the existing
de?nition of components.

Budget Implications: No budget impact.

Changes to Existing Law: This proposal would make the following changes to section 1045 of
the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 971 note prec.):

SEC. 1045. PROHIBITION ON LOBBYING ACTIVITIES WITH RESPECT TO THE
DEPARTMENT OF DEFENSE BY CERTAIN OFFICERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT FOLLOWING SEPARATION FROM MILITARY
SERVICE OR EMPLOYMENT THE DEPARTMENT.

TWO-YEAR 

(1) individual described in paragraph (2) may not engage in
lobbying activities contacts with reSpect to the a Department of Defense component in
which such individual served within one year of retirement or separation during the two-
year period beginning on the date of retirement or separation from service in the Armed
Forces or the date of retirement or separation from service with the Department, as
applicable.

(2) COVERED individual described in this paragraph is the
following:

(A) An of?cer of the Armed Forces in grade 0?9 or higher at the time of
retirement or separation from the Armed Forces.

(B) A civilian employee of the Department of Defense who had a civilian
grade equivalent to a military grade speci?ed in subparagraph (A) at the time of
the employee's retirement or separation from service with the Department.

 

(1) individual described in paragraph (2) may not engage in
lobbying activities contacts with respect to the a Department of Defense component in
which such individual served within one year of retirement or separation during the one-
year period beginning on the date of retirement or separation ?om service in the Amied
Forces or the date of retirement or separation from service with the Department, as
applicable

(2) COVERED individual described in this paragraph is the
following:

(A) An of?cer of the Armed Forces in grade 0-7 or 0-8 at the time of
retirement or separation from the Armed Forces.

(B) A civilian employee of the Department of Defense who had a civilian
grade equivalent to a military grade speci?ed in subparagraph (A) at the time of
the employee's retirement or separation from service with the Department.

(0) SPECIAL RULE FOR CERTAIN APPomTEEs.?Notwithstanding any other provision of
this section, for purposes of applying the prohibitions in subsections 1) and 1) with
respect to an individual who is employed at a rate of pay speci?ed in or ?xed according?
subchapter II of chapter 53 of title 5. United States Code. the Department of Defense shall be
treated as a single component.

 

this section:

(1)93) The term ?lobbying aetwities contacts with respect to the a Department of
Defense component in which such individual served within one Year of retirement or
separation? means, subiect to subparagraph (B). the following:

(A1) Lobbying contacts and?ether?lebbying?aetwities with covered
executive branch of?cials with respect to the a Department of Defense component
in which such individual served within one year of retirement or separation.

(Bi_i) Lobbying contacts with covered executive branch of?cials described
in subparagraphs (C) through (F) of section 3(3) of the Lobbying Disclosure Act
of 1995 (2 U.SC. 1602(3)) in the a Department of Defense component in which
such individual served within one year of retirement or separation.

(B) Such term does not include communications and appearances described in
section 207(1) of title 18. United States Code.

(2) The tenns?lebbyang?aetmtiesland ?lobbying contacts? have 1% the
meaning given such terms in section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602)

(3) The term ?covered executive branch of?cial? has the meaning given that term
in section 3(3) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(3)).

4) The term ?Department of Defense component? means?

(A) an agency or bureau of ?ie Department of Defense designated by the
Director of the Of?ce of Government Ethics as a separate department or agency
under subsection of section 207 of title 18. United States Code, for purposes of
subsection of such section; and

(B) an element of the Department of Defense that has not been so
designated, except that all such elements shall be collectively treated as a single
Department of Defense component.

I.