[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 36 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 36
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 21 (legislative day, January 5), 1993
Mr. Boren 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.-- 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 employed in a position subject to
Presidential appointment in the executive branch of the
United States (including any independent agency) at a
rate of pay equal to or greater than the rate of pay
payable for level V of the Executive Schedule,
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 employed in a position in the
Executive Office of the President at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule, 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
had substantial personal responsibility 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.''.
(2) Foreign agents.--Section 207(f) of title 18, United
States Code, is amended by--
(A) redesignating paragraph (2) as paragraph (3);
(B) adding after paragraph (1) the following:
``(2) Special restrictions.--Any person who--
``(A) serves in the position of Vice President of
the United States;
``(B) is employed in a position subject to
Presidential appointment in the executive branch of the
United States (including any independent agency) at a
rate of pay equal to or greater than the rate of pay
payable for level V of the Executive Schedule;
``(C) is employed in a position in the Executive
Office of the President at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule; or
``(D) is a Member of Congress or employed in a
position by the Congress at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule,
and who after such service or employment acts as an agent of a foreign
government or foreign political party 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 employed in a position subject to
Presidential appointment in the executive branch of the
United States (including any independent agency) at a
rate of pay equal to or greater than the rate of pay
payable for level V of the Executive Schedule;
``(ii) is employed in a position in the Executive
Office of the President at a rate of pay equal to or
greater than the rate of pay payable for level V of the
Executive Schedule; 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 the rate of pay payable for level V of the
Executive Schedule,
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 the rate of pay payable
for level V of the Executive Schedule--
``(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 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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