[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3235 Enrolled Bill (ENR)]

        H.R.3235

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 An Act


 
      To amend the Ethics in Government Act of 1978, to extend the 
authorization of appropriations for the Office of Government Ethics for 
                    3 years, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Office of Government Ethics 
Authorization Act of 1996''.

SEC. 2. GIFT ACCEPTANCE AUTHORITY.

    Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App. 
5) is amended--
        (1) by inserting ``(a)'' before ``Upon the request''; and
        (2) by adding at the end the following:
    ``(b)(1) The Director is authorized to accept and utilize on behalf 
of the United States, any gift, donation, bequest, or devise of money, 
use of facilities, personal property, or services for the purpose of 
aiding or facilitating the work of the Office of Government Ethics.
    ``(2) No gift may be accepted--
        ``(A) that attaches conditions inconsistent with applicable 
    laws or regulations; or
        ``(B) that is conditioned upon or will require the expenditure 
    of appropriated funds that are not available to the Office of 
    Government Ethics.
    ``(3) The Director shall establish written rules setting forth the 
criteria to be used in determining whether the acceptance of 
contributions of money, services, use of facilities, or personal 
property under this subsection would reflect unfavorably upon the 
ability of the Office of Government Ethics, or any employee of such 
Office, to carry out its responsibilities or official duties in a fair 
and objective manner, or would compromise the integrity or the 
appearance of the integrity of its programs or any official involved in 
those programs.''.

SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.

    The text of section 405 of the Ethics in Government Act of 1978 (5 
U.S.C. App. 5) is amended to read as follows: ``There are authorized to 
be appropriated to carry out this title such sums as may be necessary 
for each of fiscal years 1997 through 1999.''.

SEC. 4. REPEAL AND CONFORMING AMENDMENTS.

    (a) Repeal of Display Requirement.--The Act entitled ``An Act to 
provide for the display of the Code of Ethics for Government Service,'' 
approved July 3, 1980 (5 U.S.C. 7301 note), is repealed.
    (b) Conforming Amendments.--
        (1) FDIA.--Section 12(f)(3) of the Federal Deposit Insurance 
    Act (12 U.S.C. 1822(f)(3)) is amended by striking ``, with the 
    concurrence of the Office of Government Ethics,''.
        (2) Ethics in government act of 1978.--(A) The heading for 
    section 401 of the Ethics in Government Act of 1978 is amended to 
    read as follows:


               ``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''.

        (B) Section 408 of such Act is amended by striking ``March 31'' 
    and inserting ``April 30''.

SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.

    Section 207(j) of title 18, United States Code, is amended by 
adding at the end the following new paragraph:
        ``(7) Political parties and campaign committees.--(A) Except as 
    provided in subparagraph (B), the restrictions contained in 
    subsections (c), (d), and (e) shall not apply to a communication or 
    appearance made solely on behalf of a candidate in his or her 
    capacity as a candidate, an authorized committee, a national 
    committee, a national Federal campaign committee, a State 
    committee, or a political party.
        ``(B) Subparagraph (A) shall not apply to--
            ``(i) any communication to, or appearance before, the 
        Federal Election Commission by a former officer or employee of 
        the Federal Election Commission; or
            ``(ii) a communication or appearance made by a person who 
        is subject to the restrictions contained in subsections (c), 
        (d), or (e) if, at the time of the communication or appearance, 
        the person is employed by a person or entity other than--
                ``(I) a candidate, an authorized committee, a national 
            committee, a national Federal campaign committee, a State 
            committee, or a political party; or
                ``(II) a person or entity who represents, aids, or 
            advises only persons or entities described in subclause 
            (I).
        ``(C) For purposes of this paragraph--
            ``(i) the term `candidate' means any person who seeks 
        nomination for election, or election, to Federal or State 
        office or who has authorized others to explore on his or her 
        behalf the possibility of seeking nomination for election, or 
        election, to Federal or State office;
            ``(ii) the term `authorized committee' means any political 
        committee designated in writing by a candidate as authorized to 
        receive contributions or make expenditures to promote the 
        nomination for election, or the election, of such candidate, or 
        to explore the possibility of seeking nomination for election, 
        or the election, of such candidate, except that a political 
        committee that receives contributions or makes expenditures to 
        promote more than 1 candidate may not be designated as an 
        authorized committee for purposes of subparagraph (A);
            ``(iii) the term `national committee' means the 
        organization which, by virtue of the bylaws of a political 
        party, is responsible for the day-to-day operation of such 
        political party at the national level;
            ``(iv) the term `national Federal campaign committee' means 
        an organization that, by virtue of the bylaws of a political 
        party, is established primarily for the purpose of providing 
        assistance, at the national level, to candidates nominated by 
        that party for election to the office of Senator or 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress;
            ``(v) the term `State committee' means the organization 
        which, by virtue of the bylaws of a political party, is 
        responsible for the day-to-day operation of such political 
        party at the State level;
            ``(vi) the term `political party' means an association, 
        committee, or organization that nominates a candidate for 
        election to any Federal or State elected office whose name 
        appears on the election ballot as the candidate of such 
        association, committee, or organization; and
            ``(vii) the term `State' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.''.

SEC. 6. PAY LEVEL.

    Section 207(c)(2)(A)(ii) of title 18, United States Code, is 
amended by striking ``level V of the Executive Schedule,'' and 
inserting ``level 5 of the Senior Executive Service,''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.