[Congressional Record Volume 145, Number 156 (Monday, November 8, 1999)]
[House]
[Pages H11664-H11666]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            OFFICE OF GOVERNMENT ETHICS REAUTHORIZATION ACT

  Mr. McHUGH. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 2904) to amend the Ethics in Government Act of 1978 to 
reauthorize funding for the Office of Government Ethics, as amended.
  The Clerk read as follows:

                               H.R. 2904

       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

[[Page H11665]]

     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) 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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. McHugh) and the gentleman from Maryland (Mr. Cummings) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. McHugh).


                             General Leave

  Mr. McHUGH. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 2904.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. McHUGH. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 2904 accomplished the two objectives that are 
critically important to ensuring honesty in government and impartiality 
in the executive branch of government. First, it reauthorizes the 
Office of Government Ethics through the year 2003. Second, it amends 
Title XVIII of the United States Code to clarify the definition of the 
term ``special government employee.''
  The Office of Government Ethics is a small agency in the executive 
branch. Its appropriation for fiscal year 2000 is only $9.1 million, 
and there are only about 84 full-time equivalent employees in its work 
force. Nevertheless, it performs a vital function. The Office's mission 
is to ensure impartiality and integrity in the operation of the Federal 
Government.
  The Office oversees compliance with a variety of ethics laws in the 
executive branch. It issues rules and regulations on matters such as 
conflicts of interest, post-employment restrictions, standards of 
conduct, and financial disclosures.
  The Office also reviews financial disclosure statements of certain 
presidential nominees and appointees, and when necessary, recommends 
corrective action for violations of ethics laws.
  In addition, the Office of Government Ethics trains employees in 
ethics, provides formal and informal guidance on the interpretation and 
application of various ethics laws, and evaluates the effectiveness of 
conflict of interest and other ethics laws.
  The Subcommittee on Civil Service of the Committee on Government 
Reform held an oversight hearing on the Office of Government Ethics 
shortly before the August recess. That hearing showed that the Office 
has performed its duties very well. There is no question that the 
Office has earned reauthorization by this Congress.
  It was also vitally important, Madam Speaker, that this Congress 
clarify section 202 of Title XVIII to make it easier to determine who 
is a ``special government employee'' and therefore, subject to conflict 
of interest law and financial disclosure requirements.
  Special government employees are informal advisors to presidents and 
other government officials. Some are compensated, some serve without 
pay. But in either case, if the integrity of government processes is to 
be protected, these advisors must be subject to the same conflict of 
interest laws and financial disclosure requirements as regular 
government employees.

  This is not a new subject for the House. The need for this 
legislation was first brought to our attention as a result of the 
Travelgate hearings held by the Committee on Government Reform and 
Oversight during the 104th Congress.
  Those hearings revealed and a subsequent report adopted by the 
Committee on Government Reform found that certain advisors to the 
President used their influence to promote their own business interests 
by actively encouraging the firing of career employees in the White 
House Travel Office. As a result, the committee's report on the 
Travelgate investigation recommended that this Congress amend the law 
to provide clear standards for determining who is a ``special 
government employee.''
  The gentleman from Florida (Mr. Scarborough), who is not with us at 
this time, as I hope everyone in the body recognizes having suffered an 
injury in his home State and from which we wish him a speedy recovery, 
as chairman of the Subcommittee on Government Management, Information 
and Technology, has held two hearings on this issue. Witnesses at those 
hearings also testified in favor of clarifying the definition of 
``special government employee.'' Language substantially similar to 
section 2 of this bill was developed through those hearings.
  During the 104th Congress, the House passed essentially the same 
language in H.R. 3452, the Presidential and Executive Office 
Accountability Act. Although most of that bill became Public Law 104-
331, the ``special government employee'' language was dropped in the 
conference.
  The need for a clearer definition remains, however. I urge all 
Members to seize this opportunity to promote integrity in government by 
passing this bill, H.R. 2904, today.
  Madam Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, earlier this year, the Subcommittee on Civil Service 
held a hearing on the Office of Government Ethics which gave the 
subcommittee an opportunity to establish a record of how the agency is 
operating. OGE's mission is not only to prevent and resolve conflicts 
of interest and to foster high ethical standards for Federal employees, 
but also to strengthen the public's confidence that the government's 
business is conducted with impartiality and integrity.
  OGE does this by reviewing and certifying the financial disclosure 
forms filed by presidential nominees requiring Senate confirmation; 
serving as a

[[Page H11666]]

primary source of advice and counseling on conduct and financial 
disclosure issues, and by providing information on the promoting and 
understanding of ethical standards in executive agencies.
  OGE and its staff are well regarded by the Federal agencies with whom 
they do business. There is no question that they do an outstanding job.
  Witnesses at the hearing testified that OGE has played an essential 
and significant role in fostering the public's trust in the integrity 
of government. Therefore, I support the 4-year reauthorization of OGE 
and urge my colleagues to do the same.

  I want to thank the gentleman from Florida (Mr. Scarborough), our 
subcommittee chairman, for all of his efforts, our chairman and our 
ranking member of the Committee on Government Reform and Oversight, and 
certainly the gentleman from New York (Mr. McHugh) for his comments 
today.
  Madam Speaker, I yield back the balance of my time.
  Mr. McHUGH. Madam Speaker, I yield myself the balance of the time.
  Again, I want to express our appreciation to the gentleman from 
Florida (Mr. Scarborough), who currently serves as the chairman of the 
Subcommittee on Civil Service, for introducing H.R. 2904 to authorize 
the Office of Government Ethics, and also to the gentleman from Indiana 
(Mr. Burton), the chairman of the Committee on Government Reform, for 
his strong support of this legislation. As well, let me thank the 
gentleman from Maryland (Mr. Cummings), the ranking member of the 
Subcommittee on Civil Service, and also the gentleman from California 
(Mr. Waxman), the ranking member of the Committee on Government Reform, 
for their combined support. Without this cooperative effort, Madam 
Speaker, we would not be here today.
  I also want to commend the gentleman from Illinois (Mr. Hyde), the 
chairman of the Committee on the Judiciary, and the gentleman from 
Florida (Mr. Canady) of the Subcommittee on the Constitution for their 
cooperation in expediting consideration of this measure. I also wish to 
express our appreciation to the gentleman from Florida (Mr. Mica), the 
former chairman of the Subcommittee on Civil Service, for his strong 
support for clarifying the definition of ``special government 
employee.'' As we recognize, Madam Speaker, these kinds of initiatives, 
it takes the cooperative effort of many, and we thank yet another 
gentleman from California (Mr. Horn) for adding the ``special 
government employee'' language to this initiative.
  Madam Speaker, although language before the House differs in some 
minor respects from the bill reported by the Committee on Government 
Reform, there really is no substantive difference. Working closely with 
the Office of Government Ethics, we have simply clarified the bill. 
Promoting the integrity of the Federal Government is critically 
important if our citizens are to have confidence in its operation. 
Nothing has made that clearer than our experience with the 
administration and its unprecedented reliance upon a host of informal 
advisors such as Harry Thomason, Paul Begala, Dick Morris, and numerous 
other outsiders who worked on the President's health care task force 
during his first term. Whether paid or unpaid, full-time or part-time, 
Madam Speaker, these advisors must be held to the same high ethical 
standards as regular government employees. Good government demands no 
less.
  Congress has the opportunity today to ensure that existing conflict 
of interest laws and financial disclosure requirements deter these 
high-level advisors from using their role to promote their own business 
interests. I urge all Members to support H.R. 2904.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. McHugh) that the House suspend the rules 
and pass the bill, H.R. 2904, as amended.
  The question was taken.
  Mr. McHUGH. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________