article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Sunshine Act of 1993''. SEC. 2. PUBLIC DISCLOSURE OF COMMUNICATIONS. (a) Disclosure Requirement.--Section 552b of title 5, United States Code, commonly referred to as the ``Government in the Sunshine Act'', is amended by adding at the end the following: ``(n)(1) Any person who is a senior member of the Federal Government shall, after his or her service or employment as a senior member of the Federal Government terminates, file, in accordance with paragraph (2), reports containing the following information: ``(A)(i) The name of any Member of Congress, and the name and title of any congressional staff member or of any officer or employee of any agency, to whom he or she makes an oral or written communication on behalf of anyone other than himself or herself or the United States, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding an official action of the Congress or that agency. ``(ii) A person who is a former senior appointee is required under this subparagraph to report only a communication regarding-- ``(I) an official action by an agency of which he or she, as such senior appointee, was an officer or employee; ``(II) an official action by the Congress that directly affects an agency described in subclause (I); or ``(III) an official action relating to a matter in which he or she participated personally and substantially as such senior appointee. ``(B) The name, address, and telephone number of any person on whose behalf he or she makes a communication described in subparagraph (A). ``(C) A description of the legislation, regulation, trade negotiation, or other matter that a communication described in subparagraph (A) concerns. ``(D) The name, address, and telephone number of any foreign government, foreign political party, or foreign business entity whom he or she represents, aids, or advises, during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, regarding any official action of the Congress or of an agency. ``(2)(A) Subject to subparagraph (B), each person who is required to file a report under paragraph (1) shall file such report-- ``(i) by July 30 of each year, containing information relating to the period January 1 through June 30 of that year; and ``(ii) by January 31 of each year, containing information relating to the period July 1 through December 31 of the preceding year. ``(B)(i) A person shall file the first report under paragraph (1) for the first reporting period described in subparagraph (A) of this paragraph-- ``(I) which occurs after the person leaves his or her office or position; and ``(II) in which he or she made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D). For all subsequent reporting periods, such person shall file a report under paragraph (1) whether or not the person made any communication described in paragraph (1)(A), or any representation, aid, or advice described in paragraph (1)(D), during the reporting period. ``(ii) In the case of a person who makes no communication described in paragraph (1)(A), and no representation, aid, or advice described in paragraph (1)(D), during the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates, such person shall file under paragraph (1) a report covering the first 2 years of such 5-year period, and a report covering the next 3 years of such 5-year period. ``(iii) The last report which a person described in clause (i) or (ii) is required to file under paragraph (1) is a report filed by the date specified in clause (i) or (ii) of subparagraph (A) that first occurs after the end of the 5-year period beginning on the date on which his or her service or employment as a senior member of the Federal Government terminates. ``(3)(A) A former President, Vice President, or senior appointee shall file the report required by paragraph (1) with the Director of the Office of Management and Budget. ``(B) A former Representative in the Congress, Delegate or Resident Commissioner to the Congress, or senior congressional staff member whose pay was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, shall file the report required by paragraph (1) with the Clerk of the House of Representatives. ``(C) A former Senator, or former senior congressional staff member whose pay was disbursed by the Secretary of the Senate, shall file the report required by paragraph (1) with the Secretary of the Senate. ``(4) The Clerk of the House of Representatives, the Secretary of the Senate, and the Director of the Office of Management and Budget shall, within 30 days after receiving a report filed under paragraph (1), make such report available to the public for inspection and copying during normal business hours. ``(5) In any case in which a person-- ``(A) has failed to file a report required by paragraph (1) with the Director of the Office of Management and Budget, the Clerk of the House of Representatives, or the Secretary of the Senate, as the case may be, ``(B) has failed to file information required in such report, or ``(C) has filed false information in such report, the Director, Clerk, or Secretary, as the case may be, shall, within 60 days after the date on which the report should have been filed or was filed, make public the name of such person and refer the name of such person to the Attorney General. ``(6) The Attorney General may bring a civil action in any appropriate United States district court against any person who fails to file a report required by paragraph (1), fails to file information required in such report, or has filed false information in any such report. The court in which such action is brought shall, upon proof of such filing or failure to file by a preponderance of the evidence, assess against such person a civil penalty of not more than $10,000. ``(7)(A) The Clerk of the House of Representatives shall make public on January 31 of each year the names of each former Representative in the Congress, each Delegate or Resident Commissioner to the Congress, and each senior congressional staff member whose compensation was disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, who is required to file a report under paragraph (1). ``(B) The Secretary of the Senate shall make public on January 31 of each year the names of each former Senator, and each senior congressional staff member whose compensation was disbursed by the Secretary of the Senate, who is required to file a report under paragraph (1). ``(C) The Director of the Office of Management and Budget shall make public on January 31 of each year the names of each senior appointee who is required to file a report under paragraph (1). ``(D) The requirements of this paragraph shall first apply in January of 1995. ``(8) For purposes of this subsection-- ``(A) the term `agency' has the meaning given that term in section 552(f) of this title; ``(B) the term `congressional staff member' means an elected officer of either House of Congress, an employee whose pay is disbursed by the Director of Nonlegislative and Financial Services of the House of Representatives, and an employee whose pay is disbursed by the Secretary of the Senate; ``(C) the term `foreign business entity' means a partnership, association, corporation, organization, or other combination of persons either organized under the laws of or having its principal place of business in a foreign country; ``(D) the term `foreign government' means the `government of a foreign country', as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended; ``(E) the term `foreign political party' has the meaning given that term in section 1(f) of the Foreign Agents Registration Act of 1938, as amended; ``(F) the term `Member of Congress' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress; ``(G) the term `official action' does not include the routine provision of information and services; ``(H) the term `senior appointee' means any individual-- ``(i) who is appointed by the President, the Vice President, or the head of an agency to a full-time position in an agency in the civil service or in the uniformed services, or is appointed to a position in the Foreign Service or the Senior Executive Service; and ``(ii)(I) whose rate of basic pay, if appointed to a position in the civil service, the Foreign Service, or the Senior Executive Service, is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; or ``(II) who, if appointed to a position in the uniformed services, is serving in a grade or rank for which the pay grade (as specified in section 201 of title 37) is pay grade O-7 or above; ``(I) the term `senior congressional staff member' means any individual who is a congressional staff member and whose rate of basic pay is not less than the rate of basic pay in effect for level V of the Executive Schedule under section 5316 of this title; ``(J) the term `senior member of the Federal Government' means an individual who-- ``(i) is President, Vice President, or a senior appointee, or ``(ii) is a Member of Congress or a senior congressional staff member, and is serving in such position after January 4, 1995; and ``(K) the term `written communication' includes any communication, other than an oral communication, that is transmitted by any means, including by an electronic device.''. (b) Conforming and Clerical Amendments.--Section 552b(a)(1) of title 5, United States Code, is amended-- (1) by inserting ``, except as provided in subsection (n),'' after `` `agency' ''; and (2) by striking ``section 552(e)'' and inserting ``section 552(f)''.
summary: Revolving Door Sunshine Act of 1993 - Amends the Government in the Sunshine Act to require former Presidents, Vice Presidents, and senior Federal appointees, as well as former Members of Congress and senior congressional staff members, to file, for a certain period after leaving Government, periodic reports with the appropriate entity which disclose certain communications made and other actions (generally related to advising or lobbying, especially, but not only, by foreign persons) taken by them during the reporting period. Requires such reports to be made public. Authorizes sanctions in cases of noncompliance.