II
Calendar No. 422
106TH CONGRESS
1ST SESSION
H. R. 2904
IN THE SENATE OF THE UNITED STATES
NOVEMBER 9, 1999
Received
NOVEMBER 19, 1999
Read twice and placed on the calendar
AN ACT
To amend the Ethics in Government Act of 1978 to reau-
thorize funding for the Office of Government Ethics,
and to clarify the definition of a ‘‘special Government
employee’’ under title 18, United States Code.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. REAUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 405 of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.) is amended by strik-
ing ‘‘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 GOV-
ERNMENT 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 sub-
section (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
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;
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‘‘(3) a part-time United States magistrate;
‘‘(4) an independent counsel appointed under
chapter 40 of title 28, United States Code, and any
person appointed by that independent counsel under
section 594(c) of title 28, United States Code;
‘‘(5) a person serving as a part-time local rep-
resentative of a Member of Congress in the Mem-
ber’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—
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‘‘(A) an individual who is retained, designated,
appointed, or employed in the United States Govern-
ment or in the government of the District of Colum-
bia 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 Fed-
eral or District of Columbia function under author-
ity 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 Mem-
ber 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 over-
seeing a Federal or District of Columbia officer or
employee in the performance of such officer’s or em-
ployee’s official duties;
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‘‘(B) participating in the Federal or District of
Columbia government’s internal deliberative process,
such as by providing regular advice, counsel, or rec-
ommendations to the President, the Vice President,
a Member of Congress, or any other Federal or Dis-
trict of Columbia officer or employee, or by con-
ducting 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 Gov-
ernment 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 com-
pensation specifically to act as a representative of an in-
terest (other than a Federal or District of Columbia inter-
est) on an advisory committee established pursuant to the
Federal Advisory Committee Act or any similarly estab-