IB

103D CONGRESS

2D SESSION H. R. 2289

[Report No. 103–785, Part I]

To amend the Ethics in Government Act of 1978 to extend the authorization

of appropriations for the Office of Government Ethics for 8 years, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1993

Mr. CLAY (by request) introduced the following bill; which was referred jointly

to the Committees on Post Office and Civil Service and the Judiciary

OCTOBER 3, 1994

Reported from the Committee on Post Office and Civil Service with an

amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Ethics in Government Act of 1978 to extend

the authorization of appropriations for the Office of Government Ethics for 8 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.) is amended—

4 (1) by inserting ‘‘(a)’’ before ‘‘Upon the re5 quest’’; and

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

7 ‘‘(b)(1) The Director is authorized to accept and uti8 lize, on behalf of the United States, any gift, donation,

9 bequest, or devise of money, use of facilities, personal

10 property, or services for the purpose of aiding or facilitat11 ing 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 would reflect unfavorably

22 upon the ability of the Office of Government Ethics or

23 any employee to carry out its responsibilities or official

24 duties in a fair and objective manner, or would com25 promise the integrity or the appearance of the integrity
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1 of its programs or any official involved in those pro2 grams.’’.

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

5 Section 405 of the Ethics in Government Act of 1978

6 (5 U.S.C. App.) is amended to read as follows:

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘There are authorized to be appropriated to carry out

9 the provisions of this title and for no other purpose such

10 sums as may be necessary for the 8 fiscal years beginning

11 with fiscal year 1995 and ending with fiscal year 2002.’’.

12 SEC. 4. EFFECTIVE DATE.

13 This Act shall become effective on October 1, 1994.

14 SECTION 1. SHORT TITLE.

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

16 Ethics Authorization Act of 1994’’.

17 SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT

18 ACT OF 1978.

19 (a) REFERENCES.—Except as otherwise expressly pro20 vided, whenever in this section an amendment or repeal is

21 expressed in terms of an amendment to, or repeal of, a sec22 tion or other provision, the reference shall be considered to

23 be made to a section or other provision of the Ethics in

24 Government Act of 1978 (5 U.S.C. App.).

25 (b) REAUTHORIZATION.—Section 405 is amended by

26 striking ‘‘purpose—’’ and all that follows thereafter through
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1 the period and inserting ‘‘purpose, not to exceed

2 $14,000,000 for fiscal year 1995 and for each of the next

3 7 fiscal years thereafter.’’.

4 (c) ASSISTANCE FROM OTHER AGENCIES.—Section

5 403 is amended—

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

7 Act; and’’ and inserting ‘‘of the Office of Government

8 Ethics; and’’; and

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

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

11 (d) GIFT ACCEPTANCE AUTHORITY.—Section 403, as

12 amended by subsection (c), is further amended—

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

14 (2) in the next to last sentence by striking ‘‘this

15 section’’ and inserting ‘‘this subsection’’; and

16 (3) by adding at the end the following:

17 ‘‘(b)(1) The Director may accept and use, on behalf

18 of the United States, any gift, donation, bequest, or devise

19 of money, use of facilities, personal property, or services,

20 for the purpose of aiding or facilitating the work of the Of21 fice of Government Ethics.

22 ‘‘(2) No gift, donation, bequest, or devise may be so

23 accepted if it—

24 ‘‘(A) attaches conditions inconsistent with appli25 cable laws or regulations; or
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1 ‘‘(B) is conditioned on or will require the ex2 penditure of appropriated funds that are not avail3 able to the Office of Government Ethics.

4 ‘‘(3) The Director shall promulgate written rules set5 ting forth the criteria to be used in determining whether

6 the acceptance of such a gift, donation, bequest, or devise

7 would reflect unfavorably on the ability of the Office of Gov8 ernment Ethics or any employee to carry out its respon9 sibilities or official duties in a fair and objective manner,

10 or would compromise the integrity or the appearance of the

11 integrity of its programs or any official involved in those

12 programs.’’.

13 (e) REPORTS TO CONGRESS.—Section 408 is amended

14 by striking ‘‘March 31’’ and inserting ‘‘April 30’’.

15 (f) SECTION HEADING.—The heading for section 401

16 is amended to read as follows:

17 ‘‘ESTABLISHMENT; APPOINTMENT OF DIRECTOR’’.

18 SEC. 3. OTHER AMENDMENTS.

19 (a) ELIMINATION OF DISPLAY REQUIREMENT.—The

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

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

22 (5 U.S.C. 7301 note) is repealed.

23 (b) FDIA.—Effective as of the date of the enactment

24 of this Act, section 12(f)(3) of the Federal Deposit Insurance

25 Act (12 U.S.C. 1822(f)(3)) is amended by striking ‘‘, with

26 the concurrence of the Office of Government Ethics,’’.
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1 SEC. 4. EFFECTIVE DATE.

2 Except as provided in section 3(b), this Act shall be

3 effective as of October 1, 1994.