[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1593 Reported in House (RH)]

                                                 Union Calendar No. 272

103d CONGRESS

  2d Session

                               H. R. 1593

                      [Report No. 103-354, Part I]

_______________________________________________________________________

                                 A BILL

 To amend the Government in the Sunshine Act to require the disclosure 
                         of certain activities.

_______________________________________________________________________

                             April 29, 1994

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 272
103d CONGRESS
  2d Session
                                H. R. 1593

                      [Report No. 103-354, Part I]

 To amend the Government in the Sunshine Act to require the disclosure 
                         of certain activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1993

 Mr. Conyers introduced the following bill; which was referred to the 
                   Committee on Government Operations

                           November 10, 1993

    Reported with an amendment and referred to the Committee on the 
  Judiciary for a period ending not later than February 28, 1994, for 
  consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(l), rule 
                                   X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           February 28, 1994

Referral to the Committee on the Judiciary extended for a period ending 
                     not later than April 15, 1994

                             April 14, 1994

Referral to the Committee on the Judiciary extended for a period ending 
                     not later than April 29, 1994

                             April 29, 1994

                     Additional sponsor: Mr. Zimmer

                             April 29, 1994

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union, and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                                1, 1993]

_______________________________________________________________________

                                 A BILL


 
 To amend the Government in the Sunshine Act to require the disclosure 
                         of certain activities.

    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 ``Revolving Door Sunshine Act of 
1993''.

SEC. 2. PUBLIC DISCLOSURE OF COMMUNICATIONS.

    (a) Disclosure Requirement.--Section 552b of title 5, United States 
Code, commonly referred to as the ``Government in the Sunshine Act'', 
is amended by adding at the end the following:
    ``(n)(1) Any person who is a senior member of the Federal 
Government shall, after his or her service or employment as a senior 
member of the Federal Government terminates, file, in accordance with 
paragraph (2), reports containing the following information:
            ``(A)(i) The name of any Member of Congress, and the name 
        and title of any congressional staff member or of any officer 
        or employee of any agency, to whom he or she makes an oral or 
        written communication on behalf of anyone other than himself or 
        herself or the United States, during the 5-year period 
        beginning on the date on which his or her service or employment 
        as a senior member of the Federal Government terminates, 
        regarding an official action of the Congress or that agency.
            ``(ii) A person who is a former senior appointee is 
        required under this subparagraph to report only a communication 
        regarding--
                    ``(I) an official action by an agency of which he 
                or she, as such senior appointee, was an officer or 
                employee;
                    ``(II) an official action by the Congress that 
                directly affects an agency described in subclause (I); 
                or
                    ``(III) an official action relating to a matter in 
                which he or she participated personally and 
                substantially as such senior appointee.
            ``(B) The name, address, and telephone number of any person 
        on whose behalf he or she makes a communication described in 
        subparagraph (A).
            ``(C) A description of the legislation, regulation, trade 
        negotiation, or other matter that a communication described in 
        subparagraph (A) concerns.
            ``(D) The name, address, and telephone number of any 
        foreign government, foreign political party, or foreign 
        business entity whom he or she represents, aids, or advises, 
        during the 5-year period beginning on the date on which his or 
        her service or employment as a senior member of the Federal 
        Government terminates, regarding any official action of the 
        Congress or of an agency.
    ``(2)(A) Subject to subparagraph (B), each person who is required 
to file a report under paragraph (1) shall file such report--
            ``(i) by July 30 of each year, containing information 
        relating to the period January 1 through June 30 of that year; 
        and
            ``(ii) by January 31 of each year, containing information 
        relating to the period July 1 through December 31 of the 
        preceding year.
    ``(B)(i) A person shall file the first report under paragraph (1) 
for the first reporting period described in subparagraph (A) of this 
paragraph--
            ``(I) which occurs after the person leaves his or her 
        office or position; and
            ``(II) in which he or she made any communication described 
        in paragraph (1)(A), or any representation, aid, or advice 
        described in paragraph (1)(D).
For all subsequent reporting periods, such person shall file a report 
under paragraph (1) whether or not the person made any communication 
described in paragraph (1)(A), or any representation, aid, or advice 
described in paragraph (1)(D), during the reporting period.
    ``(ii) In the case of a person who makes no communication described 
in paragraph (1)(A), and no representation, aid, or advice described in 
paragraph (1)(D), during the 5-year period beginning on the date on 
which his or her service or employment as a senior member of the 
Federal Government terminates, such person shall file under paragraph 
(1) a report covering the first 2 years of such 5-year period, and a 
report covering the next 3 years of such 5-year period.
    ``(iii) The last report which a person described in clause (i) or 
(ii) is required to file under paragraph (1) is a report filed by the 
date specified in clause (i) or (ii) of subparagraph (A) that first 
occurs after the end of the 5-year period beginning on the date on 
which his or her service or employment as a senior member of the 
Federal Government terminates.
    ``(3)(A) A former President, Vice President, or senior appointee 
shall file the report required by paragraph (1) with the Director of 
the Office of Management and Budget.
    ``(B) A former Representative in the Congress, Delegate or Resident 
Commissioner to the Congress, or senior congressional staff member 
whose pay was disbursed by the Director of Nonlegislative and Financial 
Services of the House of Representatives, shall file the report 
required by paragraph (1) with the Clerk of the House of 
Representatives.
    ``(C) A former Senator, or former senior congressional staff member 
whose pay was disbursed by the Secretary of the Senate, shall file the 
report required by paragraph (1) with the Secretary of the Senate.
    ``(4) The Clerk of the House of Representatives, the Secretary of 
the Senate, and the Director of the Office of Management and Budget 
shall, within 30 days after receiving a report filed under paragraph 
(1), make such report available to the public for inspection and 
copying during normal business hours.
    ``(5) In any case in which a person--
            ``(A) has failed to file a report required by paragraph (1) 
        with the Director of the Office of Management and Budget, the 
        Clerk of the House of Representatives, or the Secretary of the 
        Senate, as the case may be,
            ``(B) has failed to file information required in such 
        report, or
            ``(C) has filed false information in such report,
the Director, Clerk, or Secretary, as the case may be, shall, within 60 
days after the date on which the report should have been filed or was 
filed, make public the name of such person and refer the name of such 
person to the Attorney General.
    ``(6) The Attorney General may bring a civil action in any 
appropriate United States district court against any person who fails 
to file a report required by paragraph (1), fails to file information 
required in such report, or has filed false information in any such 
report. The court in which such action is brought shall, upon proof of 
such filing or failure to file by a preponderance of the evidence, 
assess against such person a civil penalty of not more than $10,000.
    ``(7)(A) The Clerk of the House of Representatives shall make 
public on January 31 of each year the names of each former 
Representative in the Congress, each Delegate or Resident Commissioner 
to the Congress, and each senior congressional staff member whose 
compensation was disbursed by the Director of Nonlegislative and 
Financial Services of the House of Representatives, who is required to 
file a report under paragraph (1).
    ``(B) The Secretary of the Senate shall make public on January 31 
of each year the names of each former Senator, and each senior 
congressional staff member whose compensation was disbursed by the 
Secretary of the Senate, who is required to file a report under 
paragraph (1).
    ``(C) The Director of the Office of Management and Budget shall 
make public on January 31 of each year the names of each senior 
appointee who is required to file a report under paragraph (1).
    ``(D) The requirements of this paragraph shall first apply in 
January of 1995.
    ``(8) For purposes of this subsection--
            ``(A) the term `agency' has the meaning given that term in 
        section 552(f) of this title;
            ``(B) the term `congressional staff member' means an 
        elected officer of either House of Congress, an employee whose 
        pay is disbursed by the Director of Nonlegislative and 
        Financial Services of the House of Representatives, and an 
        employee whose pay is disbursed by the Secretary of the Senate;
            ``(C) the term `foreign business entity' means a 
        partnership, association, corporation, organization, or other 
        combination of persons either organized under the laws of or 
        having its principal place of business in a foreign country;
            ``(D) the term `foreign government' means the `government 
        of a foreign country', as defined in section 1(e) of the 
        Foreign Agents Registration Act of 1938, as amended;
            ``(E) the term `foreign political party' has the meaning 
        given that term in section 1(f) of the Foreign Agents 
        Registration Act of 1938, as amended;
            ``(F) the term `Member of Congress' means a Senator or a 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress;
            ``(G) the term `official action' does not include the 
        routine provision of information and services;
            ``(H) the term `senior appointee' means any individual--
                    ``(i) who is appointed by the President, the Vice 
                President, or the head of an agency to a full-time 
                position in an agency in the civil service or in the 
                uniformed services, or is appointed to a position in 
                the Foreign Service or the Senior Executive Service; 
                and
                    ``(ii)(I) whose rate of basic pay, if appointed to 
                a position in the civil service, the Foreign Service, 
                or the Senior Executive Service, is not less than the 
                rate of basic pay in effect for level V of the 
                Executive Schedule under section 5316 of this title; or
                    ``(II) who, if appointed to a position in the 
                uniformed services, is serving in a grade or rank for 
                which the pay grade (as specified in section 201 of 
                title 37) is pay grade O-7 or above;
            ``(I) the term `senior congressional staff member' means 
        any individual who is a congressional staff member and whose 
        rate of basic pay is not less than the rate of basic pay in 
        effect for level V of the Executive Schedule under section 5316 
        of this title;
            ``(J) the term `senior member of the Federal Government' 
        means an individual who--
                    ``(i) is President, Vice President, or a senior 
                appointee, or
                    ``(ii) is a Member of Congress or a senior 
                congressional staff member,
        and is serving in such position after January 4, 1995; and
            ``(K) the term `written communication' includes any 
        communication, other than an oral communication, that is 
        transmitted by any means, including by an electronic device.''.
    (b) Conforming and Clerical Amendments.--Section 552b(a)(1) of 
title 5, United States Code, is amended--
            (1) by inserting ``, except as provided in subsection 
        (n),'' after `` `agency' ''; and
            (2) by striking ``section 552(e)'' and inserting ``section 
        552(f)''.