Union Calendar No. 469

103D CONGRESS

2D SESSION H. R. 2289

[Report No. 103–785, Parts I and II]

A BILL

To amend the Ethics in Government Act of 1978

for other purposes.the Office of Government Ethics for 8 years, andto extend the authorization of appropriations for

OCTOBER 7, 1994

Reported from the Committee on the Judiciary with an

printedHouse on the State of the Union, and ordered to beamendment, committed to the Committee of the Whole
IB

Union Calendar No. 469

103D CONGRESS

2D SESSION H. R. 2289

[Report No. 103–785, Parts I and II]

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]

OCTOBER 7, 1994

Reported from the Committee on the Judiciary with an amendment, committed to the Committee of the Whole House on the State of the Union, and

ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on May 26, 1993]

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.
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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’’.

6 SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT

7 ACT OF 1978.

8 (a) REFERENCES.—Except as otherwise expressly pro9 vided, whenever in this section an amendment or repeal is

10 expressed in terms of an amendment to, or repeal of, a sec11 tion or other provision, the reference shall be considered to

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

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

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

15 striking ‘‘purpose—’’ and all that follows thereafter through

16 the period and inserting ‘‘purpose, not to exceed

17 $14,000,000 for fiscal year 1995 and for each of the next

18 7 fiscal years thereafter.’’.

19 (c) ASSISTANCE FROM OTHER AGENCIES.—Section

20 403 is amended—

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

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

23 Ethics; and’’; and

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

25 inserting ‘‘duties under this Act or any other Act.’’.
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1 (d) GIFT ACCEPTANCE AUTHORITY.—Section 403, as

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

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

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

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

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

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

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

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

10 for the purpose of aiding or facilitating the work of the Of11 fice of Government Ethics.

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

13 accepted if it—

14 ‘‘(A) attaches conditions inconsistent with appli15 cable laws or regulations; or

16 ‘‘(B) is conditioned on or will require the ex17 penditure of appropriated funds that are not avail18 able to the Office of Government Ethics.

19 ‘‘(3) The Director shall promulgate written rules set20 ting forth the criteria to be used in determining whether

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

22 would reflect unfavorably on 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 the
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1 integrity of its programs or any official involved in those

2 programs.’’.

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

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

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

6 is amended to read as follows:

7 ‘‘ESTABLISHMENT; APPOINTMENT OF DIRECTOR’’.

8 SEC. 3. OTHER AMENDMENTS.

9 (a) ELIMINATION OF DISPLAY REQUIREMENT.—The

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

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

12 (5 U.S.C. 7301 note) is repealed.

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

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

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

16 the concurrence of the Office of Government Ethics,’’.

17 SEC. 4. EFFECTIVE DATE.

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

19 effective as of October 1, 1994.

20 SECTION 1. SHORT TITLE.

21 This Act may be cited as the ‘‘Office of

22 Government Ethics Authorization Act of

23 1994’’.

24 SEC. 2. GIFT ACCEPTANCE AUTHORITY.

25 Section 403 of the Ethics in Government

26 Act of 1978 (5 U.S.C. App.) is amended—
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1 (1) by inserting ‘‘(a)’’ before ‘‘Upon the

2 request’’; and

3 (2) by adding at the end the follow4 ing:

5 ‘‘(b)(1) The Director is authorized to ac6 cept and utilize, on behalf of the United

7 States, any gift, donation, bequest, or devise

8 of money, use of facilities, personal property,

9 or services for the purpose of aiding or facili10 tating the work of the Office of Government

11 Ethics.

12 ‘‘(2) No gift may be accepted—

13 ‘‘(A) that attaches conditions incon14 sistent with applicable laws or regula15 tions; or

16 ‘‘(B) that is conditioned upon or will

17 require the expenditure of appropriated

18 funds that are not available to the Office

19 of Government Ethics.

20 ‘‘(3) The Director shall establish written

21 rules setting forth the criteria to be used in

22 determining whether the acceptance of con23 tributions of money, services, use of facilities,

24 or personal property would reflect unfavor25 ably upon the ability of the Office of Govern-
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1 ment Ethics or any employee to carry out its

2 responsibilities or official duties in a fair and

3 objective manner, or would compromise the

4 integrity or the appearance of the integrity of

5 its programs or any official involved in those

6 programs.’’.

7 SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIA8 TIONS.

9 Section 405 of the Ethics in Government

10 Act of 1978 (5 U.S.C. App.) is amended to read

11 as follows:

12 ‘‘AUTHORIZATION OF APPROPRIATIONS

13 ‘‘SEC. 405. There are authorized to be ap14 propriated to carry out the provisions of this

15 title not more than $8,154,000 for fiscal year

16 1995, $8,480,000 for fiscal year 1996, $8,819,000

17 for fiscal year 1997, $9,172,000 for fiscal year

18 1998, and $9,539,000 for fiscal year 1999.’’.

19 SEC. 4. EFFECTIVE DATE.

20 This Act shall become effective on Octo21 ber 1, 1994.