text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Executive Appointee Ethics 
  Improvement Act''.
  
  SEC. 2. AMENDMENTS TO SECTION 207 OF TITLE 18.
  
      (a) Extension of Post-Employment Ban on Lobbying for Certain Former 
  Government Employees.--Section 207 of title 18, United States Code, is 
  amended--
              (1) in subsection (c)--
                      (A) in the subsection heading, by striking ``One-
                  year'' and inserting ``Two-Year'';
                      (B) in paragraph (1)--
                              (i) by striking ``within 1 year after'' and 
                          inserting ``within 2 years after''; and
                              (ii) by striking ``within 1 year before 
                          such termination''; and
                      (C) in paragraph (2), by adding at the end the 
                  following:
              ``(D) Not later than 30 days after a waiver is granted 
          under subparagraph (C), the waiver shall be published in the 
          Federal Register and accompanied by a signed statement by the 
          Director of the Office of Government Ethics describing in 
          detail the reasons for providing such waiver unless such a 
          description would compromise national security.'';
              (2) in subsection (d)(1), in the matter following 
          subparagraph (C), by striking ``within 2 years'' and inserting 
          ``within 5 years''; and
              (3) in subsection (d)(2)(A), by striking ``in such 
          position'' and all that follows through ``terminated''.
      (b) Lifetime Ban on Representation of Foreign Entities for Certain 
  High-Level Former Employees.--Section 207(f) of such title is amended--
              (1) in paragraph (1), by inserting ``(or, in the case of an 
          individual described in paragraph (2), at any time)'' after 
          ``within 1 year'';
              (2) in paragraph (2), by striking ``paragraph (1)'' and 
          inserting ``paragraphs (1) and (2)'';
              (3) by redesignating paragraphs (2) and (3) as paragraphs 
          (3) and (4); and
              (4) by inserting after paragraph (1) the following new 
          paragraph:
              ``(2) Description of individuals subject to lifetime ban.--
          An individual described in this paragraph is any individual who 
          was--
                      ``(A) employed in a position described under 
                  sections 5312 through 5316 of title 5, United States 
                  Code (relating to the Executive Schedule);
                      ``(B) a limited term appointee, limited emergency 
                  appointee, or noncareer appointee in the Senior 
                  Executive Service, as defined under paragraphs (5), 
                  (6), and (7), respectively, of section 3132(a) of title 
                  5, United States Code; or
                      ``(C) employed in a position of a confidential or 
                  policy-determining character under schedule C of 
                  subpart C of part 213 of title 5 of the Code of Federal 
                  Regulations.''.
  
  SEC. 3. PROHIBITION ON PARTICIPATION IN MATTER RELATING TO PREVIOUS 
                EMPLOYMENT.
  
      (a) In General.--Chapter 11 of title 18, United States Code, is 
  amended by inserting after section 219 the following new section:
  ``Sec. 220. Prohibition on participation in matter relating to previous 
                employment
      ``(a) During the 2-year period beginning on the date an individual 
  is appointed to a covered position at an agency, any such individual 
  who has not received a waiver under subsection (b)--
              ``(1) who participates in any particular matter involving 
          specific parties that is directly and substantially related to 
          the individual's former employer or former clients, or
              ``(2) with respect to any such individual who was a 
          registered lobbyist under the Lobbying Disclosure Act of 1995, 
          or who was not a registered lobbyist under such Act but who 
          engaged in lobbying activity as defined in subsection (c), 
          during the 2-year period preceding the date of such 
          appointment, who--
                      ``(A) participates in any particular matter on 
                  which the individual made a lobbying contact (in the 
                  case of a registered lobbyist under such Act), or 
                  engaged in such activity, during such 2-year period,
                      ``(B) participates in the specific issue area in 
                  which such particular matter falls, or
                      ``(C) seeks or accepts employment with any agency 
                  with respect to which the individual made a lobbying 
                  contact (in the case of a registered lobbyist under 
                  such Act), or engaged in such activity, during such 2-
                  year period,
  shall be punished as provided in section 216 of this title.
      ``(b)(1) The Director of the Office of Management and Budget, in 
  consultation with the Counsel to the President, may waive the 
  requirements of subsection (a) with respect to any individual covered 
  by such subsection if the Director certifies, in writing, to the 
  Committee on Oversight and Government Reform of the House of 
  Representatives, the Committee on Homeland Security and Governmental 
  Affairs of the Senate, and the appropriate congressional committees of 
  jurisdiction, that it is in the public interest to grant the waiver.
      ``(2) For purposes of carrying out paragraph (1)--
              ``(A) the public interest includes exigent circumstances 
          relating to public health, public safety, or national security;
              ``(B) de minimis contact with an agency shall be cause for 
          a waiver of subsection (a)(2); and
              ``(C) any waiver shall take effect when the certification 
          is published in the Federal Register, accompanied by a signed 
          statement by the Director describing in detail the reasons for 
          providing the waiver unless such a description would compromise 
          national security.
      ``(c)(1) In this section, the term `lobbying activity' means, with 
  respect to an individual, knowingly making, with the intent to 
  influence, any communication to or appearance before any officer or 
  employee of the Federal Government on behalf of another person as an 
  employee of a lobbying firm or lobbying organization, in connection 
  with any matter on which such person seeks official action by such 
  officer or employee of the Federal Government. The previous sentence 
  applies only with respect to an individual who spends greater than 20% 
  of the individual's time as an employee of a lobbying firm or lobbying 
  organization engaged in such lobbying activity.
      ``(2) In paragraph (1), the term `lobbying firm' means any firm, 
  corporation, or limited liability company in which--
              ``(A) employees of the firm in the aggregate make 2 or more 
          lobbying contacts at any time on behalf of a particular client; 
          and
              ``(B) the firm receives or expects to receive from a 
          particular client for matters related to lobbying activities at 
          least the amount specified in section 4(a)(3)(A) of the 
          Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) in the 
          quarterly period during which registration would be made under 
          such Act.
      ``(3) In paragraph (1), the term `lobbying organization' includes 
  any organization in which--
              ``(A) employees of the firm in the aggregate make 2 or more 
          lobbying contacts at any time on its behalf; and
              ``(B) the organization expends in connection with lobbying 
          activities at least the amount specified in section 4(a)(3)(B) 
          of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)(3)(A)) 
          in the quarterly period during which registration would be made 
          under such Act.
      ``(4) In this subsection, the term `employee' has the meaning given 
  such term in section 3(5) of the Lobbying Disclosure Act of 1995 (2 
  U.S.C. 1602(5)).
      ``(d) In this section, the following definitions apply:
              ``(1) The term `agency' means an `Executive agency' (as 
          that term is defined in section 105 of title 5), the Executive 
          Office of the President, the United States Postal Service, and 
          the Postal Regulatory Commission, but does not include the 
          Government Accountability Office.
              ``(2) The term `covered position'--
                      ``(A) means any--
                              ``(i) full-time, non-career position which 
                          requires appointment by the President or Vice-
                          President;
                              ``(ii) non-career position within the 
                          Senior Executive Service or other SES-type 
                          system; or
                              ``(iii) position that has been excepted 
                          from the competitive service by reason of being 
                          of a confidential or policymaking character, 
                          including positions under schedule C of subpart 
                          C of part 213 of title 5 of the Code of Federal 
                          Regulations; and
                      ``(B) does not include any individual appointed as 
                  a member of the Senior Foreign Service or solely as a 
                  uniformed service commissioned officer.
              ``(3) The term `directly and substantially related to 
          former employer or former clients' means matters in which the 
          individual's former employer or a former client is a party or 
          represents a party.
              ``(4) The term `former client' means any person for whom 
          the individual served personally as agent, attorney, or 
          consultant, but does include instances where the service 
          provided was limited to a speech or similar appearance or 
          clients of the individual's former employer to whom the 
          individual did not personally provide services.
              ``(5) The term `former employer' means any person for whom 
          the individual has within the 2 years prior to the date of 
          appointment served as an employee, officer, director, trustee, 
          or general partner, but does not include any agency or other 
          entity of the Federal Government, Native American tribe, or any 
          United States territory or possession.
              ``(6) The term `lobbying contact' has the meaning given 
          such term in section 3(8) of the Lobbying Disclosure Act of 
          1995 (2 U.S.C. 1602(8)).
              ``(7) The term `particular matter' has the meaning given 
          that term in section 207 and section 2635.402(b)(3) of title 5, 
          Code of Federal Regulations, or any successor regulation.
              ``(8) The term `participate' means to participate 
          personally and substantially.
              ``(9) The term `particular matter involving specific 
          parties' has the meaning as set forth in section 2641.201(h) of 
          title 5, Code of Federal Regulations, or any successor 
          regulation, except that it shall also include any meeting or 
          other communication relating to the performance of an 
          individual's official duties with a former employer or former 
          client, unless the communication applies to a particular matter 
          of general applicability and participation in the meeting or 
          other event is open to all interested parties.''.
      (b) Clerical Amendment.--The table of sections of chapter 11 of 
  title 18, United States Code, is amended by inserting after the item 
  relating to section 219 the following new item:
  
  ``220. Prohibition on participation in matter relating to previous 
                              employment.''.
      (c) Application.--The amendments made after subsection (a) shall 
  apply to any individual appointed to a covered position (as that term 
  is defined in section 220(d)(2) of title 18, United States Code, as 
  added by such subsection) after the date of enactment of this Act.
target: Executive Appointee Ethics Improvement Act This bill lengthens from one to two years the ban on certain senior personnel of the executive branch and independent agencies from lobbying the department or agency in which the person served. If the Director of the Office of Government Ethics decides to waive this restriction, such decision shall be published in the Federal Register unless it would compromise national security. The bill lengthens from two to five years the ban on certain very senior personnel of the executive branch and independent agencies, including the Vice President, from lobbying any office or employee of any department or agency in which such person served. Certain high-level employees of the executive branch are subject to a lifetime ban on knowingly representing a foreign entity before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee.  During a two-year period beginning on the date an individual is appointed to a covered position, such individual is banned from participating in any matter involving specific parties that is directly related to the individual's former employer or former clients. Additionally, any individual who was a registered lobbyist or who engaged in lobbying activities during a two-year period prior to appointment is prohibited from participating in any particular matter on which the individual made a lobbying contact or participating in the specific issue area in which the matter falls. The Office of Management and Budget (OMB) may waive these requirements if OMB certifies in writing to various congressional committees that it is in the public interest to grant the waiver.
feat_title: Executive Appointee Ethics Improvement Act