[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             OFFICE OF GOVERNMENT ETHICS AUTHORIZATION ACT

                                 ______


                   LEVIN AND COHEN AMENDMENT NO. 2631

  Mr. FORD (for Mr. Levin for himself and Mr. Cohen) proposed an 
amendment to the bill (S. 1413) to amend the Ethics in Government Act 
of 1978, as amended, to extend the authorization of appropriations for 
the Office of Government Ethics for 8 years, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Office of Government Ethics 
     Authorization Act of 1994''.

     SEC. 2. GIFT ACCEPTANCE AUTHORITY.

       Section 403 of the Ethics in Government Act of 1978 (5 
     U.S.C. App. 5) is amended by--
       (1) inserting ``(a)'' before ``Upon the request''; and
       (2) adding at the end thereof 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 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 the provisions 
     of this title and for no other purpose not to exceed 
     $14,000,000 for fiscal year 1995 and for each of the next 7 
     fiscal years thereafter.

     SEC. 4. ASSISTANCE FROM OTHER AGENCIES.

       Section 403(a) of the Ethics in Government Act of 1978 (5 
     U.S.C. App. 5), as designated by section 2, is amended--
       (1) in paragraph (1) by striking ``under this Act; and'' 
     and inserting ``of the Office of Government Ethics; and''; 
     and
       (2) in paragraph (2) by striking ``duties.'' and inserting 
     ``duties under this Act or any other Act.''.

     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. 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 (Public Law 96-
     303; 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 is amended by striking ``March 31'' and 
     inserting ``April 30''.

     SEC. 7. EFFECTIVE DATE.

       This Act shall take effect on October 1, 1994, except 
     section 5 shall take effect and apply to communications or 
     appearances made on and after the date of enactment of this 
     Act.

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