[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 129 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 129

 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

                            January 4, 1995

  Mr. McCain (for himself and Mr. Feingold) 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 
1995''.

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

    (a) In General.--
            (a) 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 $80,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1995) 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 this 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 of 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 $80,000 (adjusted of and COLA after the date 
        of enactment of the Ethics in Government Reform Act of 1995) 
        and is not an appointee of the senior foreign service or solely 
        an appointee as a uniform service commissioned officer and 
        who--
                    ``(i) after the termination of this or her service 
                or employment as such employee, knowingly makes, with 
                the intent to influence, any communication to or 
                appearance before any officer or employees 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 on 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 $80,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1995) 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 $80,000 (adjusted for any COLA 
                after the date of enactment of the Ethics in Government 
                Reform Act of 1995) 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 $80,000 (adjusted for any COLA after the 
                date of enactment of the Ethics in Government Reform 
                Act of 1995); and
                    ``(B) knowingly 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) Gifts from a foreign government or foreign political 
        party.--Any person who--
                    ``(A)(i) serves in the position of President or 
                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 $80,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1995) 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 full-time, noncareer 
                position in the Executive Office of the President whose 
                rate of basic pay is not less than $80,000 (adjusted 
                for any COLA after the date of enactment of the Ethics 
                in Government Reform Act of 1995) and is not an 
                appointee of the senior foreign service or solely an 
                appointee as a uniformed service commissioned officer;
                    ``(iv) is a Member of Congress; or
                    ``(v) is employed in a position by the Congress at 
                a rate of pay equal to or greater than $80,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1995); and
                    ``(B) after such service or employment terminates, 
                receives a gift from a foreign government or foreign 
                political party,
        shall be punished as provided in section 216 of this title.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) the term `foreign national' means--
                            ``(i) a government of a foreign country as 
                        defined in section 1(e) of the Foreign Agents 
                        Registration Act of 1938, as amended, or a 
                        foreign political party as defined in section 
                        1(f) of that Act;
                            ``(ii) a person outside of the United 
                        States, unless such person is an individual and 
                        a citizen of the United States, or unless such 
                        person is not an individual and is organized 
                        under or created by the laws of the United 
                        States or of any state or other place subject 
                        to the jurisdiction of the United States and 
                        has its principal place of business within the 
                        United States;
                            ``(iii) a partnership, association, 
                        corporation, organization, or other combination 
                        of persons organized under the laws of or 
                        having its principal place of business in a 
                        foreign country; and
                            ``(iv) a person any of whose activities are 
                        directly or indirectly supervised, directed, 
                        controlled, financed, or subsidized in whole or 
                        in major part by an entity described in clause 
                        (i), (ii), or (iii); and
                    ``(B) the term `gift'--
                            ``(i) includes any gratuity, favor, 
                        discount, entertainment, hospitality, loan, 
                        forbearance, or other item having monetary 
                        value greater than $20; and
                            ``(ii) does not include--
                                    ``(I) modest items of food and 
                                refreshments offered other than as part 
                                of a meal;
                                    ``(II) greeting cards and items of 
                                little intrinsic value which are 
                                intended solely for presentation;
                                    ``(III) loans from banks and other 
                                financial institutions on terms 
                                generally available to the public;
                                    ``(IV) opportunities and benefits, 
                                including favorable rates and 
                                commercial discounts, available to the 
                                public; or
                                    ``(V) travel, subsistence, and 
                                related expenses in connection with the 
                                person's rendering of advice or aid to 
                                a government of a foreign country or 
                                foreign political party, if the 
                                Secretary of State certifies in advance 
                                that such activity is in the best 
                                interests of the United States.''.
            (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 $80,000 
                (adjusted for any COLA after the date of enactment of 
                the Ethics in Government Reform Act of 1995) 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 that $80,000 (adjusted for any COLA 
                after the date of enactment of the Ethics in Government 
                Reform Act of 1995) 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 $80,000 (adjusted for any COLA after the 
                date of enactment of the Ethics in Government Reform 
                Act of 1995),
        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 $80,000 (adjusted for any 
        COLA after the date of enactment of the Ethics in Government 
        Reform Act of 1995)--
                    ``(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.''.
    (b) Penalties.--
            (1) Future activities.--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 violation of section 207 may include a 
prohibition on the person knowingly, with the intent to influence, 
communicating to or appearing before any employee of the executive or 
legislative branch, for a period of not to exceed 5 years.''.
            (2) Use of profits.--Section 216(b) of title 18, United 
        States Code, is amended by inserting 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.''.
    (c) Exceptions.--Section 207(j) of title 18, United States Code, is 
amended by adding at the end thereof the following:
            ``(7) Non-influential contacts.--Nothing in this section 
        shall prevent an individual from making requests for 
        appointments, requests for the status of Federal action, or 
        other similar ministerial contacts, if there is no attempt to 
        influence an officer or employee of the legislative or 
        executive branch.
            ``(8) Testimony to the congress.--Nothing in this section 
        shall prevent an individual from testifying or submitting 
        testimony to any committee or instrumentality of the Congress.
            ``(9) Comments.--Nothing in this section shall prevent an 
        individual from making communications in response to a notice 
        in the Federal Register, Commerce Business Daily, or other 
        similar publication soliciting communications from the public 
        and directed to the agency official specifically designated in 
        the notice to receive such communications.
            ``(10) Adjudication.--Nothing in this section shall prevent 
        an individual from making communications or appearances in 
        compliance with written agency procedures regarding an 
        adjudication conducted by the agency under section 554 of title 
        5, United States Code, or substantially similar provisions.
            ``(11) Comments for the record.--Nothing in this section 
        shall prevent an individual from submitting written comments 
        filed in a public docket and other communications that are made 
        on the record.''.

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.

SEC. 4. SEVERABILITY.

    If any provision of this Act, or the application thereof, is held 
invalid, the validity of the remainder of this Act and the application 
of such provision to other persons and circumstances shall not be 
affected thereby.
                                 <all>