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






                                                 Union Calendar No. 253
106th CONGRESS
  1st Session
                                H. R. 2904

                      [Report No. 106-433, Part I]

 To amend the Ethics in Government Act of 1978 to reauthorize funding 
                  for the Office of Government Ethics.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 1999

 Mr. Scarborough introduced the following bill; which was referred to 
the Committee on Government Reform, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                            November 2, 1999

    Reported with amendments from the Committee on Government Reform
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            November 2, 1999

Referral to the Committee on the Judiciary extended for a period ending 
                    not later than November 2, 1999

                            November 2, 1999

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To amend the Ethics in Government Act of 1978 to reauthorize funding 
                  for the Office of Government Ethics.

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

<DELETED>SECTION 1. REAUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Effective Date.--This section shall take effect on 
October 1, 1999.</DELETED>

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 and any person appointed by that independent counsel 
        under section 594(c) of title 28;
            ``(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) providing regular advice, counsel, or recommendations 
        to the President, the Vice President, a Member of Congress, or 
        any Federal or District of Columbia officer or employee, or 
        conducting meetings involving any of those individuals, as part 
        of the Federal or District of Columbia government's internal 
        deliberative process; 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 committee whose meetings are generally open 
to the public.''.
            Amend the title so as to read: ``To amend the Ethics in 
        Government Act of 1978 to reauthorize funding for the Office of 
        Government Ethics, and to expand the definition of a `special 
        Government employee' under title 18, United States Code.''.
                                     





                                                 Union Calendar No. 253

106th CONGRESS

  1st Session

                               H. R. 2904

                      [Report No. 106-433, Part I]

_______________________________________________________________________

                                 A BILL

 To amend the Ethics in Government Act of 1978 to reauthorize funding 
                  for the Office of Government Ethics.

_______________________________________________________________________

                            November 2, 1999

                        Reported with amendments

                            November 2, 1999

Referral to the Committee on the Judiciary extended for a period ending 
                    not later than November 2, 1999

                            November 2, 1999

 Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed