H. R. 3235

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

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Service,’’ approved July 3, 1980 (5 U.S.C. 7301 note), is repealed.
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(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,
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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,’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.