Ethics in Government Reform Act of 1993

Summary: Ethics in Government Reform Act of 1993 - Codifies in the Federal criminal code the lobbying restrictions on senior executive branch appointees under Executive Order 12834, generally, and extends those restrictions to Members of Congress and highly paid staffers.

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.