103D CONGRESS

2D SESSION S. 1413

AN ACT

To amend the Ethics in Government Act of 1978,

for eight years, and for other purposes.propriations for the Office of Government Ethicsas amended, to extend the authorization of ap-
103D CONGRESS

2D SESSION S. 1413

AN ACT

To amend the Ethics in Government Act of 1978, as amended, to extend the authorization of appropriations for

the Office of Government Ethics for eight years, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Office of Government

5 Ethics Authorization Act of 1994’’.
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1 SEC. 2. GIFT ACCEPTANCE AUTHORITY.

2 Section 403 of the Ethics in Government Act of 1978

3 (5 U.S.C. App. 5) is amended by—

4 (1) inserting ‘‘(a)’’ before ‘‘Upon the request’’;

5 and

6 (2) adding at the end thereof the following:

7 ‘‘(b)(1) The Director is authorized to accept and uti8 lize on behalf of the United States, any gift, donation, be9 quest, or devise of money, use of facilities, personal prop10 erty, or services for the purpose of aiding or facilitating

11 the work of the Office of Government Ethics.

12 ‘‘(2) No gift may be accepted—

13 ‘‘(A) that attaches conditions inconsistent with

14 applicable laws or regulations; or

15 ‘‘(B) that is conditioned upon or will require

16 the expenditure of appropriated funds that are not

17 available to the Office of Government Ethics.

18 ‘‘(3) The Director shall establish written rules setting

19 forth the criteria to be used in determining whether the

20 acceptance of contributions of money, services, use of fa21 cilities, or personal property under this subsection would

22 reflect unfavorably upon the ability of the Office of Gov23 ernment Ethics or any employee to carry out its respon24 sibilities or official duties in a fair and objective manner,

25 or would compromise the integrity or the appearance of
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1 the integrity of its programs or any official involved in

2 those programs.’’.

3 SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIA4 TIONS.

5 The text of section 405 of the Ethics in Government

6 Act of 1978 (5 U.S.C. App. 5) is amended to read as fol7 lows: ‘‘There are authorized to be appropriated to carry

8 out the provisions of this title and for no other purpose,

9 not to exceed $14,000,000 for fiscal year 1995 and for

10 each of the next 7 fiscal years thereafter.’’.

11 SEC. 4. ASSISTANCE FROM OTHER AGENCIES.

12 Section 403(a) of the Ethics in Government Act of

13 1978 (5 U.S.C. App. 5), as designated by section 2, is

14 amended—

15 (1) in paragraph (1) by striking ‘‘under this

16 Act; and’’ and inserting ‘‘of the Office of Govern17 ment Ethics; and’’; and

18 (2) in paragraph (2) by striking ‘‘duties.’’ and

19 inserting ‘‘duties under this Act or any other Act.’’.

20 SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.

21 Section 207(j) of title 18, United States Code, is

22 amended by adding at the end the following new para23 graph:

24 ‘‘(7) POLITICAL PARTIES AND CAMPAIGN COM25 MITTEES.—(A) Except as provided in subparagraph
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1 (B), the restrictions contained in subsections (c),

2 (d), and (e) shall not apply to a communication or

3 appearance made solely on behalf of a candidate in

4 his or her capacity as a candidate, an authorized

5 committee, a national committee, a national Federal

6 campaign committee, a State committee, or a politi7 cal party.

8 ‘‘(B) Subparagraph (A) shall not apply to—

9 ‘‘(i) any communication to, or appearance

10 before, the Federal Election Commission by a

11 former officer or employee of the Federal Elec12 tion Commission; or

13 ‘‘(ii) a communication or appearance made

14 by a person who is subject to the restrictions

15 contained in subsections (c), (d), or (e) if, at

16 the time of the communication or appearance,

17 the person is employed by a person or entity

18 other than—

19 ‘‘(I) a candidate, an authorized com20 mittee, a national committee, a national

21 Federal campaign committee, a State com22 mittee, or a political party; or

23 ‘‘(II) a person or entity who rep24 resents, aids, or advises only persons or en25 tities described in subclause (I).
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1 ‘‘(C) For purposes of this paragraph—

2 ‘‘(i) the term ‘candidate’ means any person

3 who seeks nomination for election, or election,

4 to Federal or State office or who has authorized

5 others to explore on his or her behalf the possi6 bility of seeking nomination for election, or elec7 tion, to Federal or State office;

8 ‘‘(ii) the term ‘authorized committee’

9 means any political committee designated in

10 writing by a candidate as authorized to receive

11 contributions or make expenditures to promote

12 the nomination for election, or the election, of

13 such candidate, or to explore the possibility of

14 seeking nomination for election, or the election,

15 of such candidate, except that a political com16 mittee that receives contributions or makes ex17 penditures to promote more than 1 candidate

18 may not be designated as an authorized com19 mittee for purposes of subparagraph (A);

20 ‘‘(iii) the term ‘national committee’ means

21 the organization which, by virtue of the bylaws

22 of a political party, is responsible for the day23 to-day operation of such political party at the

24 national level;
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1 ‘‘(iv) the term ‘national Federal campaign

2 committee’ means an organization that, by vir3 tue of the bylaws of a political party, is estab4 lished primarily for the purpose of providing as5 sistance, at the national level, to candidates

6 nominated by that party for election to the of7 fice of Senator or Representative in, or Dele8 gate or Resident Commissioner to, the Con9 gress;

10 ‘‘(v) the term ‘State committee’ means the

11 organization which, by virtue of the bylaws of

12 a political party, is responsible for the day-to13 day operation of such political party at the

14 State level;

15 ‘‘(vi) the term ‘political party’ means an

16 association, committee, or organization that

17 nominates a candidate for election to any Fed18 eral or State elected office whose name appears

19 on the election ballot as the candidate of such

20 association, committee, or organization; and

21 ‘‘(vii) the term ‘State’ means a State of

22 the United States, the District of Columbia, the

23 Commonwealth of Puerto Rico, and any terri24 tory or possession of the United States.’’.
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1 SEC. 6. REPEAL AND CONFORMING AMENDMENTS.

2 (a) REPEAL OF DISPLAY REQUIREMENT.—The Act

3 entitled ‘‘An Act to provide for the display of the Code

4 of Ethics for Government Service’’, approved July 3, 1980

5 (Public Law 96–303; 5 U.S.C. 7301 note) is repealed.

6 (b) CONFORMING AMENDMENTS.—

7 (1) FDIA.—Section 12(f)(3) of the Federal De8 posit Insurance Act (12 U.S.C. 1822 (f)(3)) is

9 amended by striking ‘‘, with the concurrence of the

10 Office of Government Ethics,’’.

11 (2) ETHICS IN GOVERNMENT ACT OF 1978.—(A)

12 The heading for section 401 of the Ethics in Gov13 ernment Act of 1978 is amended to read as follows:

14 ‘‘ESTABLISHMENT; APPOINTMENT OF DIRECTOR’’.

15 (B) Section 408 is amended by striking ‘‘March

16 31’’ and inserting ‘‘April 30’’.

17 SEC. 7. EFFECTIVE DATE.

18 This Act shall take effect on October 1, 1994, except

19 section 5 shall take effect and apply to communications
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1 or appearances made on and after the date of enactment

2 of this Act.

Passed the Senate October 6 (legislative day, September 12), 1994.

Attest:

Secretary.