[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 420 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 420

 To amend section 207 of title 18, United States Code, to tighten the 
 restrictions on former executive and legislative branch officials and 
                               employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 24 (legislative day, January 5), 1993

 Mr. Boren (for himself, Mr. McCain, Mr. Bryan, Mr. Feingold, and Mr. 
   Campbell) introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend section 207 of title 18, United States Code, to tighten the 
 restrictions on former executive and legislative branch officials and 
                               employees.

    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 ``Ethics in Government Reform Act of 
1993''.

SEC. 2. SPECIAL RULES FOR HIGHLY PAID EXECUTIVE APPOINTEES AND MEMBERS 
              OF CONGRESS AND HIGHLY PAID CONGRESSIONAL EMPLOYEES.

    (a) In General.--
            (1) Appearances before agency.--(A) Section 207(d) of title 
        18, United States Code, is amended by adding at the end thereof 
        the following:
            ``(3) Restrictions on political appointees.--(A) In 
        addition to the restrictions set forth in subsections (a), (b), 
        and (c) and paragraph (1) of this subsection, any person who--
                    ``(i) serves in the position of Vice President of 
                the United States; or
                    ``(ii) is a full-time, noncareer Presidential, Vice 
                Presidential, or agency head appointee in an executive 
                agency whose rate of basic pay is not less than $70,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1993) and is not 
                an appointee of the senior foreign service or solely an 
                appointee as a uniformed service commissioned officer,
        and who, after the termination of his or her service or 
        employment as such officer or employee, knowingly makes, with 
        the intent to influence, any communication to or appearance 
        before any officer or employee of a department or agency in 
        which such person served within 5 years before such 
        termination, during a period beginning on the termination of 
        service or employment as such officer or employee and ending 5 
        years after the termination of service in the department or 
        agency, 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.
            ``(B) In addition to the restrictions set forth in 
        subsections (a), (b), and (c) and paragraph (1) of this 
        subsection, any person who is listed in Schedule I under 
        section 5312 of title 5, United States Code, or is employed in 
        a position in the Executive Office of the President and is a 
        full-time, noncareer Presidential, Vice Presidential, or agency 
        head appointee in an executive agency whose rate of basic pay 
        is not less than $70,000 (adjusted for any COLA after the date 
        of enactment of the Ethics in Government Reform Act of 1993) 
        and is not an appointee of the senior foreign service or solely 
        an appointee as a uniformed service commissioned officer, and 
        who--
                    ``(i) after the termination of his or her service 
                or employment as such employee, knowingly makes, with 
                the intent to influence, any communication to or 
                appearance before any officer or employee of a 
                department or agency with respect to which the person 
                participated personally and substantially within 5 
                years before such termination, during a period 
                beginning on the termination of service or employment 
                as such employee and ending 5 years after the 
                termination of substantial personal responsibility with 
                respect to the department or agency, 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; or
                    ``(ii) within 2 years after the termination of his 
                or her service or employment as such employee, 
                knowingly makes, with the intent to influence, any 
                communication to or appearance before any person 
                described in paragraph (2)(B) on behalf of any other 
                person (except the United States), in connection with 
                any matter on which such person seeks official action 
                by the person described in paragraph (2)(B),
        shall be punished as provided in section 216 of this title.''.
            (B) The first sentence of section 207(h)(1) of title 18, 
        United States Code, is amended by inserting after ``subsection 
        (c)'' the following: ``and subsection (d)(3)''.
            (2) Foreign agents.--Section 207(f) of title 18, United 
        States Code, is amended by--
                    (A) redesignating paragraph (2) as paragraph (4);
                    (B) adding after paragraph (1) the following:
            ``(2) Special restrictions.--Any person who--
                    ``(A)(i) serves in the position of Vice President 
                of the United States;
                    ``(ii) is a full-time, noncareer Presidential, Vice 
                Presidential, or agency head appointee in an executive 
                agency whose rate of basic pay is not less than $70,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1993) and is not 
                an appointee of the senior foreign service or solely an 
                appointee as a uniformed service commissioned officer;
                    ``(iii) is employed in a position in the Executive 
                Office of the President and is a full-time, noncareer 
                Presidential, Vice Presidential, or agency head 
                appointee in an executive agency whose rate of basic 
                pay is not less than $70,000 (adjusted for any COLA 
                after the date of enactment of the Ethics in Government 
                Reform Act of 1993) and is not an appointee of the 
                senior foreign service or solely an appointee as a 
                uniformed service commissioned officer; or
                    ``(iv) is a Member of Congress or employed in a 
                position by the Congress at a rate of pay equal to or 
                greater than $70,000 (adjusted for any COLA after the 
                date of enactment of the Ethics in Government Reform 
                Act of 1993); and
                    ``(B) after such service or employment--
                            ``(i) represents a foreign national (as 
                        defined in section 319(b) of the Federal 
                        Election Campaign Act of 1971 (2 U.S.C. 
                        441e(b)) before any officer or employee of any 
                        department or agency of the United States with 
                        the intent to influence a decision of such 
                        officer or employee in carrying out his or her 
                        official duties; or
                            ``(ii) aids or advises a foreign national 
                        (as defined in section 319(b) of the Federal 
                        Election Campaign Act of 1971) with the intent 
                        to influence a decision of any officer or 
                        employee of any department or agency of the 
                        United States, in carrying out his or her 
                        official duties,
        shall be punished as provided in section 216 of this title.''.
            ``(3) Employment by a Foreign Government.--Any person who--
                    ``(A)(i) serves in the position of President or 
                Vice President of the United States;
                    ``(ii) serves as a Governor of the Federal Reserve;
                    ``(iii) is a full-time, noncareer Presidential, 
                Vice Presidential, or agency head appointee in an 
                executive agency whose rate of basic pay is not less 
                than $70,000 (adjusted for any COLA after the date of 
                enactment of the Ethics in Government Reform Act of 
                1993) and is not an appointee of the senior foreign 
                service or solely an appointee as a uniformed service 
                commissioned officer;
                    ``(iv) is employed in a position in the Executive 
                Office of the President and is a full-time, noncareer 
                Presidential, Vice Presidential, or agency head 
                appointee in an executive agency whose rate of basic 
                pay is not less than $70,000 (adjusted for any COLA 
                after the date of enactment of the Ethics in Government 
                Reform Act of 1993) and is not an appointee of the 
                senior foreign service or solely an appointee as a 
                uniformed service commissioned officer; or
                    ``(v) is a Member of Congress; and
                    ``(B) after such service or employment receives 
                anything of value from a foreign government,
        shall be punished as provided in section 216 of this title.''.
            (3) Trade negotiators.--Section 207(b)(1) of title 18, 
        United States Code, is amended by--
                    (A) inserting ``(A)'' after ``In general.--''; and
                    (B) adding at the end thereof the following:
            ``(B) For any person who--
                    ``(i) is a full-time, noncareer Presidential, Vice 
                Presidential, or agency head appointee in an executive 
                agency whose rate of basic pay is not less than $70,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1993) and is not 
                an appointee of the senior foreign service or solely an 
                appointee as a uniformed service commissioned officer;
                    ``(ii) is employed in a position in the Executive 
                Office of the President, and is a full-time, noncareer 
                Presidential, Vice Presidential, or agency head 
                appointee in an executive agency whose rate of basic 
                pay is not less than $70,000 (adjusted for any COLA 
                after the date of enactment of the Ethics in Government 
                Reform Act of 1993) and is not an appointee of the 
                senior foreign service or solely an appointee as a 
                uniformed service commissioned officer; or
                    ``(iii) is a Member of Congress or employed in a 
                position by the Congress at a rate of pay equal to or 
                greater than $70,000 (adjusted for any COLA after the 
                date of enactment of the Ethics in Government Reform 
                Act of 1993),
        the restricted period after service referred to in subparagraph 
        (A) shall be permanent.''.
            (4) Congress.--Section 207(e) of title 18, United States 
        Code, is amended--
                    (A) in paragraph (1)(A) by striking ``within 1 
                year'' and inserting ``within 2 years'';
                    (B) in paragraph (1) by adding at the end thereof 
                the following:
                    ``(D) Any person who is a Member of Congress and 
                who, within 5 years after leaving the position, 
                knowingly makes, with intent to influence, any 
                communication to or appearance before any committee 
                member or a staff member of any committee over which 
                the Member had jurisdiction, on behalf of any other 
                person (except the United States) in connection with 
                any matter on which such former Member seeks action by 
                the committee member or a staff member of the committee 
                in his or her official capacity, shall be punished as 
                provided in section 216 of this title.'';
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                    (D) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) Highly paid staffers.--For any person described in 
        paragraph (2), (3), (4), or (5), employed in a position at a 
        rate of pay equal to or greater than $70,000 (adjusted for any 
        COLA after the date of enactment of the Ethics in Government 
        Reform Act of 1993)--
                    ``(A) the restriction provided in paragraph (1)(A) 
                shall apply; and
                    ``(B) the restricted period after termination in 
                paragraph (2), (3), (4), or (5), applicable to such 
                person shall be 5 years.''.
            (5) Governmentwide 1-year cooling off period.--
                    (A) Executive.--Subsection (c) of section 207 of 
                title 18, United States Code, is amended--
                            (i) by amending the caption for such 
                        subsection to read as follows: ``(c) One-Year 
                        Restriction on all Officers and Employees of 
                        the Executive Branch and Certain Other 
                        Agencies.--'';
                            (ii) in paragraph (1) by striking ``who is 
                        referred to in paragraph (2)'' and inserting 
                        ``who is subject to the restrictions contained 
                        in subsection (a)(1)'';
                            (iii) by striking ``(1) Restrictions.--''; 
                        and
                            (iv) by striking paragraph (2).
                    (B) Congress.--Section 207(e)(6)(A) of title 18, 
                United States Code, is amended by striking paragraph 
                (6) and redesignating paragraph (7) as paragraph (6).
    (b) Penalties.--
            (1) Future lobbying.--Section 216 of title 18, United 
        States Code, is amended by adding at the end thereof the 
        following:
    ``(d) In addition to the penalties provided in subsections (a), 
(b), and (c), the punishment for violations of section 207 may include 
a prohibition on lobbying the United States for a period of not to 
exceed 5 years for each violation.''.
            (2) Use of profits.--Section 216(b) of title 18, United 
        States Code, is amended by adding after the first sentence the 
        following: ``Any amount of compensation recovered pursuant to 
        the preceding sentence for a violation of section 207 shall be 
        deposited in the general fund of the Treasury to reduce the 
        deficit.''.

SEC. 3. EFFECTIVE DATE.

    The restrictions contained in section 207 of title 18, United 
States Code, as added by section 2 of this Act--
            (1) shall apply only to persons whose service as officers 
        or employees of the Government, or as Members of Congress 
        terminates on or after the date of the enactment of this Act; 
        and
            (2) in the case of officers, employees, and Members of 
        Congress described in section 207(b)(1)(B) of title 18, United 
        States Code (as added by section 2 of this Act), shall apply 
        only with respect to participation in trade negotiations or 
        treaty negotiations, and with respect to access to information, 
        occurring on or after such date of enactment.

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