[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2904 Engrossed in House (EH)]


  1st Session

                               H. R. 2904

_______________________________________________________________________

                                 AN ACT

 To amend the Ethics in Government Act of 1978 to reauthorize funding 
for the Office of Government Ethics, and to clarify the definition of a 
  ``special Government employee'' under title 18, United States Code.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                H. R. 2904

_______________________________________________________________________

                                 AN ACT


 
 To amend the Ethics in Government Act of 1978 to reauthorize funding 
for the Office of Government Ethics, and to clarify the definition of a 
  ``special Government employee'' under title 18, United States Code.

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

SECTION 1. REAUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 405 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by striking ``1997 through 1999'' and 
inserting ``2000 through 2003''.
    (b) Effective Date.--This section shall take effect on October 1, 
1999.

SEC. 2. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''.

    (a) Amendment to Section 202(a).--Subsection (a) of section 202 of 
title 18, United States Code, is amended to read as follows:
    ``(a) For the purpose of sections 203, 205, 207, 208, 209, and 219 
of this title the term `special Government employee' shall mean--
            ``(1) an officer or employee as defined in subsection (c) 
        who is retained, designated, appointed, or employed in the 
        legislative or executive branch of the United States 
        Government, in any independent agency of the United States, or 
        in the government of the District of Columbia, and who, at the 
        time of retention, designation, appointment, or employment, is 
        expected to perform temporary duties on a full-time or 
        intermittent basis for not to exceed 130 days during any period 
        of 365 consecutive days;
            ``(2) a part-time United States commissioner;
            ``(3) a part-time United States magistrate;
            ``(4) an independent counsel appointed under chapter 40 of 
        title 28, United States Code, and any person appointed by that 
        independent counsel under section 594(c) of title 28, United 
        States Code;
            ``(5) a person serving as a part-time local representative 
        of a Member of Congress in the Member's home district or State; 
        and
            ``(6) a Reserve officer of the Armed Forces, or an officer 
        of the National Guard of the United States, who is not 
        otherwise an officer or employee as defined in subsection (c) 
        and who is--
                    ``(A) on active duty solely for training 
                (notwithstanding section 2105(d) of title 5);
                    ``(B) serving voluntarily for not to exceed 130 
                days during any period of 365 consecutive days; or
                    ``(C) serving involuntarily.''.
    (b) Amendment to Section 202(c).--Subsection (c) of 202 of title 
18, United States Code, is amended to read as follows:
    ``(c)(1) The terms `officer' and `employee' in sections 203, 205, 
207 through 209, and 218 of this title shall include--
            ``(A) an individual who is retained, designated, appointed, 
        or employed in the United States Government or in the 
        government of the District of Columbia to perform, with or 
        without compensation and subject to the supervision of the 
        President, the Vice President, a Member of Congress, a Federal 
        judge, or an officer or employee of the United States or of the 
        government of the District of Columbia, a Federal or District 
        of Columbia function under authority of law or an Executive 
        act;
            ``(B) a Reserve officer of the Armed Forces or an officer 
        of the National Guard of the United States who is serving 
        voluntarily in excess of 130 days during any period of 365 
        consecutive days; and
            ``(C) the President, the Vice President, a Member of 
        Congress or a Federal judge, but only to the extent specified 
        in any such section.
    ``(2) As used in paragraph (1), the term `Federal or District of 
Columbia function' shall include, but not be limited to--
            ``(A) supervising, managing, directing or overseeing a 
        Federal or District of Columbia officer or employee in the 
        performance of such officer's or employee's official duties;
            ``(B) participating in the Federal or District of Columbia 
        government's internal deliberative process, such as by 
        providing regular advice, counsel, or recommendations to the 
        President, the Vice President, a Member of Congress, or any 
        other Federal or District of Columbia officer or employee, or 
        by conducting meetings involving any of those individuals; or
            ``(C) obligating funds of the United States or the District 
        of Columbia.''.
    (c) New Section 202(f).--Section 202 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(f) The terms `officer or employee' and `special Government 
employee' as used in sections 203, 205, 207 through 209, and 218, shall 
not include enlisted members of the Armed Forces, nor shall they 
include an individual who is retained, designated, or appointed without 
compensation specifically to act as a representative of an interest 
(other than a Federal or District of Columbia interest) on an advisory 
committee established pursuant to the Federal Advisory Committee Act or 
any similarly established advisory committee whose meetings are 
generally open to the public.''.

            Passed the House of Representatives November 8, 1999.

            Attest:

                                                                 Clerk.