[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 79 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 79

 To restore public confidence in the performance and merits of elected 
                    officials and Federal employees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 21 (legislative day, January 5), 1993

 Mr. DeConcini introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To restore public confidence in the performance and merits of elected 
                    officials and Federal 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 ``Responsible Government Act of 
1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the consent and participation of citizens in their 
        government is a fundamental principle of our Constitution;
            (2) it is critical to the survival and advancement of our 
        constitutional form of government and to the welfare of our 
        Nation that the citizens of this country be convinced that 
        their government is one of the people, by the people and for 
        the people;
            (3) ensuring responsible public service requires that no 
        individuals be permitted to use an elected office or public 
        employment for personal gain or for the advancement of the 
        interests of a foreign governments, foreign corporations, and 
        special interests;
            (4) to ensure public confidence, government should, within 
        the bounds of the constitutional requirements of separation of 
        powers, establish proper bounds of conduct and accountability 
        for all government officials, whether elected or employed;
            (5) the creation of a code of ethics and conduct which is 
        uniform and harmonized for all legislative and executive branch 
        officials and personnel will enhance public confidence in their 
        government.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To ensure the integrity of the Federal Government and 
        its officials and employees and to restore public confidence in 
        the performance and merits of the elected officials, any person 
        who has served as President, Vice President, Chief of Staff, or 
        senior adviser on the staff of the White House, the head of an 
        executive department or of an independent agency within the 
        executive branch with regulatory or rulemaking 
        responsibilities, a top political appointee, the Chairman of 
        the Federal Reserve Board, Trade Representative or Chief 
        International Trade Negotiator, or otherwise been substantially 
        involved in international trade negotiations, or has been 
        elected or appointed to serve as a Senator or Representative or 
        a Delegate to either House of Congress will be prohibited from 
        representing for pay any foreign government or any corporation 
        or company which is not registered, incorporated, or certified 
        for its legal status according to United States law.
            (2) To eliminate a perception that individuals enter or 
        engage in public service for future private gain, any person 
        who has served in any capacity in the executive or legislative 
        branches or any position in any of the military services will 
        be prohibited from accepting employment to represent the 
        interests of any foreign government or foreign registered or 
        based company or corporation from lobbying the United States 
        Government in any capacity including that of attorney at law or 
        in fact for at least 2 years immediately after leaving the 
        Federal Government.
            (3) To eliminate a perception that special interest groups 
        or potential employers or political benefactors have undue 
        influence within the executive or legislative branch 
        operations, any person who has been employed in either branch 
        of government will be prohibited from contacting, lobbying, or 
        representing any interest except his own before the executive 
        agency in which that person served or before the office, 
        committee, or agency of Congress in which such person served if 
        the person served as an official or employee of the legislative 
        branch for a period of five years.
            (4) To ensure that there is appropriate public information 
        concerning any potential conflicts of interests and to protect 
        persons in public life from rumor and unfair accusations, 
        require all senior level executive and legislative officials 
        and employees will be required to file financial disclosure 
        forms which will be a matter of public record.

SEC. 4. FOREIGN AGENTS REGISTRATION ACT OF 1938.

    (a) In General.--Section 1(c)(1) of the Foreign Agents Registration 
Act of 1938 (22 U.S.C. 611(c)(1)) is amended by--
            (1) striking ``or'' after the semicolon in clause (iii);
            (2) striking ``and'' after the semicolon in clause (iv) and 
        inserting ``or''; and
            (3) adding after clause (iv) the following:
                    ``(v) within the United States makes oral or 
                written contact with a legislative or executive branch 
                official which is directed toward formulation, 
                modification, or adoption of Federal legislation, 
                including--
                            ``(I) legislative proposals or the approval 
                        or disapproval of international treaties or 
                        agreements;
                            ``(II) formulation, modification, or 
                        adoption of a Federal rule, regulation, 
                        administrative or Executive order, or any 
                        program, policy, or official position of any 
                        agency, bureau, or office of the United States 
                        Government except in the case of written 
                        comments filed in a public docket and other 
                        communications that are made on the record in a 
                        public proceeding or are filed of record or 
                        made in the course of a hearing before a 
                        judicial officer in a judicial or 
                        administrative proceeding; and
                            ``(III) the administration, execution, or 
                        enforcement of any Federal program or policy 
                        (including the negotiation, award, or 
                        administration of a Federal contract, grant, 
                        loan, permit or license),
                except for oral or written contact made--
                                    ``(aa) by representatives of a 
                                media organization who are primarily 
                                engaged in gathering and disseminating 
                                news and information to the public;
                                    ``(bb) in a speech, article, or 
                                other publication or through the media;
                                    ``(cc) in the course of actual 
                                representation of a client in pending 
                                administrative or legal proceedings 
                                before an executive hearing official or 
                                judicial officer or judge;
                                    ``(dd) in testimony given before a 
                                committee, subcommittee, or office of 
                                Congress or submitted for inclusion in 
                                the public record of a hearing 
                                conducted by such committee, 
                                subcommittee, or office or given in an 
                                administrative hearing or judicial 
                                proceeding; or
                                    ``(ee) to agency officials with 
                                regard to judicial proceedings, 
                                criminal or civil enforcement 
                                inquiries, investigations, or 
                                proceedings or filings required by 
                                statute or regulations; and''.
    (b) Judicial Proceedings.--Section 3(g) of such Act (22 U.S.C. 
613(g)) is amended by inserting after ``principal'' the following: ``in 
any existing proceeding or criminal or civil law enforcement inquiry or 
investigation''.

SEC. 5. RESTRICTIONS ON REPRESENTING FOREIGN PRINCIPALS.

    (a) Permanent Restrictions.--Section 207(f) of title 18, United 
States Code, is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Permanent restrictions.--(A) Any person who is an 
        officer or employee described in subparagraph (B) and who, 
        after his or her service or employment with the United States 
        terminates, knowingly--
                    ``(i) represents a foreign principal before any 
                officer or employee 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 principal with the 
                intent to influence a decision of any officer or 
                employee of the United States in carrying out his or 
                her official duties,
        shall be punished as provided in section 216 of this title.
            ``(B) The officers and employees subject to the 
        restrictions set forth in subparagraph (A) are--
                    ``(i) the President;
                    ``(ii) any person who is subject to the 
                restrictions contained in subsection (c) or (d); and
                    ``(iii) any officer or employee of the executive or 
                legislative branch--
                            ``(I) who personally and substantially 
                        participates in any trade negotiation or treaty 
                        negotiation (as such terms are defined in 
                        subsection (b)(2)) on behalf of the United 
                        States, or
                            ``(II) who has access to information which 
                        concerns such a trade negotiation or treaty 
                        negotiation, which is exempt from disclosure, 
                        as designated by the appropriate department or 
                        agency, under section 552 of title 5, and which 
                        such officer or employee knew or should have 
                        known was so designated; and
                    ``(iv) a Member of Congress.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `foreign entity' means the 
                government of a foreign country as defined in section 
                1(e) of the Foreign Agents Registration Act of 1938 or 
                a foreign political party as defined in section 1(f) of 
                that Act; and
                    ``(B) the term `foreign principal' has the meaning 
                given that term in section 1(b) of the Foreign Agents 
                Registration Act of 1938.''.
    (b) Two-Year Restriction.--Section 207(f) of title 18, United 
States Code, is amended by striking paragraph (1) and inserting the 
following:
            ``(1) Two-year restriction.--Any person who is an officer 
        or employee (including any special Government employee) of the 
        executive branch of the United States (including any 
        independent agency), of the District of Columbia, or a Member, 
        officer, or employee of the Congress and who knowingly, within 
        2 years after leaving his or her position, office, or 
        employment--
                    ``(A) represents a foreign entity 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
                    ``(B) aids or advises a foreign entity 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.''.
    (c) Effective Date.--The restrictions contained in section 207(f) 
of title 18, United States Code, as added by subsections (a) and (b) of 
this section--
            (1) shall apply only to persons whose service as officers 
        or employees of the Government, or as Members of Congress, 
        described in subsections (a) and (b) 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(f)(2)(B)(ii) of title 18, 
        United States Code (as added by subsection (a)), 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.

SEC. 6. FIVE-YEAR BAN ON ANY LOBBYING.

    Section 207 of title 18, United States Code, is amended--
            (1) in subsection (a)(2) by--
                    (A) striking ``Two-year'' in the caption and 
                inserting ``Five-year''; and
                    (B) striking ``2 years'' and inserting ``5 years'';
            (2) in subsection (b)(1) by--
                    (A) striking ``One-year'' in the caption and 
                inserting ``Five-year'';
                    (B) striking ``1-year'' and inserting ``5-year''; 
                and
                    (C) striking ``1 year'' and inserting ``5 years'';
            (3) in subsection (c)--
                    (A) by striking ``One-Year'' in the caption and 
                inserting ``Five-Year''; and
                    (B) in paragraph (1) by striking ``one year after'' 
                and inserting ``five years after'';
            (4) in subsection (d)(1) by striking ``1 year'' and 
        inserting ``5 years''; and
            (5) in subsection (e) by striking ``1 year after'' each 
        place it appears and inserting ``5 years after''.

SEC. 7. BROADEN COVERAGE OF DISCLOSURE REQUIREMENTS.

    (a) Executive Branch.--Section 101(f)(3) of the Ethics in 
Government Act of 1978 is amended by--
            (1) striking ``above GS-15'' and inserting ``at or above 
        GS-14''; and
            (2) striking ``120 percent of the minimum rate of basic pay 
        payable for GS-15'' and inserting ``the minimum rate of basic 
        pay payable for GS-14''.
    (b) Military--Section 101(f)(3) of the Ethics in Government Act of 
1978 (5 U.S.C. App. 6) is amended by inserting before ``; and'' the 
following: ``any commissioned officer in the Armed Forces who is 
serving on the staff of a general or flag officer''.
    (c) Legislative Branch.--Section 109(13) of the Ethics in 
Government Act of 1978 (5 U.S.C. App. 6) is amended--
            (1) in subparagraph (B)(i) by striking ``GS-16'' and 
        inserting ``GS-14''; and
            (2) by striking subparagraph (B)(ii) and inserting the 
        following:
                    ``(ii) each majority and minority Chief of Staff, 
                Legislative Director, Administrative Assistant, Chief 
                Counsel, and Legal Counsel of a Member, committee, or 
                subcommittee, and each majority and minority clerk of a 
                committee, or any person serving in a substantially 
                similar position.''.

SEC. 8. FORFEITURES OF ANNUITY OR RETIRED PAY.

    Section 8312 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``or'' after the 
                semicolon;
                    (B) in paragraph (2) by striking the period and 
                inserting ``; or''; and
                    (C) adding at the end of paragraph (2) the 
                following:
            ``(3) was convicted before, on, or after the date of 
        enactment of the Responsible Government Act of 1993, of an 
        offense named by subsection (d) of this section, to the extent 
        provided by that subsection.'';
            (2) in subsection (a)--
                    (A) in subparagraph (A) by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (B) by striking the period and 
                inserting ``; and''; and
                    (C) by adding after subparagraph (B) the following:
                    ``(C) with respect to offenses named by subsection 
                (d), to the period after the date of conviction or 
                after the date of enactment of the Responsible 
                Government Act of 1993, whichever is later.''; and
            (3) by adding at the end thereof the following:
    ``(d)(1) Subsection (a) of this section applies to an individual 
convicted before, on, or after the date of enactment of the Responsible 
Government Act of 1993 of an offense described in paragraph (2).
    ``(2) The offense referred to in paragraph (1) is a criminal 
offense involving an individual subject to this section who--
            ``(A) acts as a foreign agent--
                    ``(i) without registering; or
                    ``(ii) without filing a financial disclosure form,
as required by Federal law; or
            ``(B) acts as a foreign agent and files a false financial 
        disclosure form in violation of Federal law.''.

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