[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3235 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 429
104th CONGRESS
  2d Session
                                H. R. 3235


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1996

                                Received

                              June 7, 1996

                 Read twice and placed on the calendar

_______________________________________________________________________

                                 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,''.

            Passed the House of Representatives June 4, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.




                                                       Calendar No. 429

104th CONGRESS

  2d Session

                               H. R. 3235

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 7, 1996

                 Read twice and placed on the calendar