carrying out his or her official duties and
receives compensation for such representa-
tion, or
‘‘(ii) aids or advises, directly or indi-
rectly, a foreign national with the intent to
influence a decision of any officer or em-
ployee of any department or agency of the
United States in carrying out his or her of-
ficial duties and receives compensation for
such aid or advice,
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 $70,000 (adjusted for any COLA
after the date of enactment of the Ethics in
Government Reform Act of 1993) and is not an
appointee of the senior foreign service or solely
an appointee as a uniformed service commis-
sioned officer,
‘‘(iii) 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 $70,000 (adjusted for any COLA
after the date of enactment of the Ethics in
Government Reform Act of 1993) and is not an
appointee of the senior foreign service or solely
an appointee as a uniformed service commis-
sioned officer,
‘‘(iv) is employed in a full-time, noncareer
position in the Executive Office of the President
whose rate of basic pay is not less than $70,000
(adjusted for any COLA after the date of en-
actment of the Ethics in Government Act of
1993) and is not an appointee of the senior for-
eign service or solely an appointee as a uni-
formed service commissioned officer,
‘‘(v) is a Member of Congress, or
‘‘(vi) is employed in a position by the Con-
gress at a rate of pay equal to or greater than
$70,000 (adjusted for any COLA after the date
of enactment of the Ethics in Government
Reform Act of 1993), and
‘‘(B) after such service or employment ter-
minates, receives a gift from a foreign govern-
ment or foreign political party,
shall be punished as provided in section 216 of this
title.
‘‘(4) DEFINITIONS.—For purposes of this sub-
section—
‘‘(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 de-
fined 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 un-
less 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, cor-
poration, organization, or other combina-
tion 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, di-
rected, controlled, financed, or subsidized
in whole or in major part by an entity de-
scribed in clause (i), (ii), or (iii); and
‘‘(B) the term ‘gift’—
(i) includes any gratuity, favor, dis-
count, entertainment, hospitality, loan, for-
bearance, or other item having monetary
value greater than $20; and
‘‘(ii) does not include—
‘‘(I) modest items of food and re-
freshments offered other than as part
of a meal;
‘‘(II) greeting cards and items of
little intrinsic value which are in-
tended 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 commer-
cial discounts, available to the public;
or
‘‘(V) travel, subsistence, and re-
lated 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—
(A) by inserting ‘‘(A)’’ after ‘‘IN
GEN-
ERAL.—’’; and
(B) by adding at the end thereof the fol-
lowing:
‘‘(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 $70,000 (adjusted for any COLA
after the date of enactment of the Ethics in
Government Reform Act of 1993) and is not an
appointee of the senior foreign service or solely
an appointee as a uniformed service commis-
sioned officer,
‘‘(ii) is employed in a full-time, noncareer
position in the Executive Office of the Presi-
dent, whose rate of basic pay is not less than
$70,000 (adjusted for any COLA after the date
of enactment of the Ethics in Government Re-
form Act of 1993) 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 $70,000 (adjusted for
any COLA after the date of enactment of the
Ethics in Government Reform Act of 1993),
the restricted period after the termination of service
or employment that is referred to in subparagraph
(A) shall be permanent.’’.
(4) LEGISLATIVE BRANCH.—Section 207(e) of
title 18, United States Code, is amended—
(A) by striking paragraph (1) and insert-
ing the following:
‘‘(1) MEMBERS OF CONGRESS, ELECTED OFFI-
CERS, AND HIGHLY-PAID STAFFERS.—(A) Any per-
son who is a Member of Congress, an elected officer
mination of that person’s service on that committee,
on behalf of any other person (except the United
States) in connection with any matter on which such
former Member seeks action by the member or em-
ployee of the committee in his or her official capac-
ity, shall be punished as provided in section 216 of
this title.’’;
(B) by redesignating paragraphs (6) and
(7) as paragraphs (7) and (8), respectively; and
(C) by inserting after paragraph (5) the
following new paragraph:
‘‘(6) HIGHLY PAID STAFFERS.—For any person
to whom the restrictions in paragraph (2), (3), (4),
or (5) apply, and who is employed in a position at
a rate of pay equal to or greater than $70,000 (ad-
justed for any COLA after the date of enactment of
the Ethics in Government Reform Act of 1993) the
restricted period after termination of employment in
paragraph (2), (3), (4), or (5) that applies to such
person shall be 5 years.’’.
(5) GOVERNMENTWIDE
COOLING
OFF
PE-
RIOD.—
(A) EXECUTIVE BRANCH.—Subsection (c)
of section 207 of title 18, United States Code,
is amended—
(i) by amending the caption for such
subsection to read as follows:
‘‘(c) ONE-YEAR RESTRICTION ON ALL OFFICERS AND
EMPLOYEES OF THE EXECUTIVE BRANCH AND CERTAIN
OTHER AGENCIES.—’’;
(ii) in paragraph (1) by striking ‘‘who
is referred to in paragraph (2)’’ and insert-
ing ‘‘who is subject to the restrictions con-
tained in subsection (a)(1)’’; and
(iii) by striking paragraph (2) and in-
serting the following:
‘‘(2) EXCEPTIONS.—(A) Paragraph (1) shall
not apply to a special Government employee who
serves less than 90 days in the 1-year period before
his or her service or employment as such employee
terminates.
‘‘(B) At the request of a department or agency,
the Director of the Office of Government Ethics may
waive the restrictions contained in paragraph (1)
with respect to any position, or category of positions,
referred to in subsection (a)(1), in such department
or agency if the Director determines that—
‘‘(i) the imposition of the restrictions with
respect to such position or positions would cre-
ate an undue hardship on the department or
agency in obtaining qualified personnel to fill
such position or positions, and
‘‘(ii) granting the waiver would not create
the potential for use of undue influence or un-
fair advantage.’’.
(B) CONGRESS.—Section 207(e) of title
18, United States Code, is amended by striking
paragraph (6) and inserting the following:
‘‘(6) LIMITATION ON RESTRICTIONS.—(A) The
restrictions contained in paragraphs (2), (3), (4),
and (5) apply only to acts by a former employee who
was employed for at least 90 days, in the aggregate,
during the 1-year period before that former employ-
ee’s service as such employee terminated.’’.
(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 sub-
sections (a), (b), and (c), the punishment for each viola-
tion 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 legis-
lative 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 de-
posited in the general fund of the Treasury to re-
duce 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 mak-
ing requests for appointments, requests for the sta-
tus of Federal action, or other similar ministerial
contacts, if there is no attempt to influence an offi-
cer or employee of the legislative or executive
branch.
‘‘(8) 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 publica-
tion soliciting communications from the public and
directed to the agency official specifically designated
in the notice to receive such communications.
‘‘(9) ADJUDICATION.—Nothing in this section
shall prevent an individual from making communica-
tions or appearances in compliance with written
agency procedures regarding an adjudication con-
ducted by the agency under section 554 of title 5,
or substantially similar provisions.
‘‘(10) COMMENTS FOR THE RECORD.—Nothing
in this section shall prevent an individual from sub-
mitting 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 Mem-
bers of Congress terminates on or after the date of
the enactment of this Act; and
(2) in the case of officers, employees, and Mem-
bers 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 par-
ticipation in trade negotiations or treaty negotia-
tions, and with respect to access to information, oc-
curring on or after such date of enactment.