Special Government Employee Act of 1997

Summary: Special Government Employee Act of 1997 - Amends the Federal criminal code to include within the definition of "special Government employee" a reserve officer of the armed forces, or a National Guard officer, who is serving voluntarily for up to 130 days during any period of 365 consecutive days.  (Such officers are currently considered officers of the United States.) 
States that "officer and employee" and "special Government employee" shall not include enlisted military personnel or an individual retained, designated, or appointed without compensation specifically to act as a representative of a non-Federal interest on an advisory committee.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Special Government Employee Act of 
1997''.

SEC. 2. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''.

    (a) Amendment to Section 202(a).--Subsection (a) of section 202 of 
title 18, United States Code, is amended to read as follows:
    ``(a) For the purpose of sections 203, 205, 207, 208, and 209 of 
this title the term `special Government employee' shall mean--
            ``(1) an officer or employee as defined in subsection (c) 
        who is retained, designated, appointed, or employed in the 
        legislative or executive branch of the United States 
        Government, in any independent agency of the United States, or 
        in the government of the District of Columbia, and who, at the 
        time of retention, designation, appointment or employment, is 
        expected to perform temporary duties on a full-time or 
        intermittent basis for not to exceed one hundred and thirty 
        days during any period of three hundred and sixty five 
        consecutive days;
            ``(2) a part-time United States commissioner;
            ``(3) a part-time United States magistrate;
            ``(4) an independent counsel appointed under chapter 40 of 
        title 28 and any person appointed by that independent counsel 
        under section 594(c) of title 28;
            ``(5) a person serving as a part-time local representative 
        of a Member of Congress in the Member's home district or State; 
        and
            ``(6) a Reserve officer of the Armed Forces, or an officer 
        of the National Guard of the United States, who is not 
        otherwise an officer or employee as defined in subsection (c) 
        who is--
                    ``(A) on active duty solely for training 
                (notwithstanding section 2105(d) of title 5);
                    ``(B) serving voluntarily for not to exceed one 
                hundred and thirty days during any period of three 
                hundred and sixty five consecutive days; or
                    ``(C) serving involuntarily.''.
    (b) Amendment to Section 202(c).--Subsection (c) of 202 of title 
18, United States Code, is amended to read as follows:
    ``(c) The terms `officer' and `employee' in sections 203, 205, 207 
through 209, and 218 of this title shall include--
            ``(1) an individual who is retained, designated, appointed 
        or employed in the United States Government or in the 
        government of the District of Columbia, to perform, with or 
        without compensation and subject to the supervision of the 
        President, the Vice President, a Member of Congress, a Federal 
        judge or an officer or employee of the United States or of the 
        government of the District of Columbia, a Federal or District 
        of Columbia function under authority of law or an Executive 
        act. As used in this section, a Federal or District of Columbia 
        function shall include, but not be limited to--
                    ``(A) supervising, managing, directing or 
                overseeing a Federal or District of Columbia officer or 
                employee in the performance of such officer's or 
                employee's official duties;
                    ``(B) providing regular advice, counsel, or 
                recommendations to the President, the Vice President, a 
                Member of Congress, or any Federal or District of 
                Columbia officer or employee, or conducting meetings 
                involving any of those individuals, as part of the 
                Federal or District of Columbia government's internal 
                deliberative process; or
                    ``(C) obligating funds of the United States or the 
                District of Columbia;
            ``(2) a Reserve officer of the Armed Forces or an officer 
        of the National Guard of the United States who is serving 
        voluntarily in excess of one hundred and thirty days during any 
        period of three hundred and sixty-five consecutive days; and
            ``(3) the President, the Vice President, a Member of 
        Congress or a Federal judge only if specified in the 
        section.''.
    (c) New Section 202(f).--Section 202 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(f) The terms `officer or employee' and `special Government 
employee' as used in sections 203, 205, 207 through 209, and 218, shall 
not include enlisted members of the Armed Forces, nor shall they 
include an individual who is retained, designated or appointed without 
compensation specifically to act as a representative of a non-Federal 
(or non-District of Columbia) interest on an advisory committee 
established pursuant to the Federal Advisory Committee Act or any 
similarly established committee whose meetings are generally open to 
the public. The non-Federal interest to be represented must be 
specifically set forth in the statute, charter, or Executive act 
establishing the committee.''.