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 Gov-
ernment Ethics for 8 years, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 1994’’.
SEC. 2. GIFT ACCEPTANCE AUTHORITY.
Section 403 of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Upon the re-
quest’’; and
(2) by adding at the end the following:
‘‘(b)(1) The Director is authorized to accept and uti-
lize, 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 facilitat-
ing 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 fa-
cilities, or personal property would reflect unfavorably
upon the ability of the Office of Government Ethics or
any employee to carry out its responsibilities or official
duties in a fair and objective manner, or would com-
promise the integrity or the appearance of the integrity
of its programs or any official involved in those pro-
grams.’’.
SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS.
Section 405 of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘There are authorized to be appropriated to carry out
the provisions of this title and for no other purpose such
sums as may be necessary for the 8 fiscal years beginning
with fiscal year 1995 and ending with fiscal year 2002.’’.
SEC. 4. EFFECTIVE DATE.
This Act shall become effective on October 1, 1994.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Office of Government
Ethics Authorization Act of 1994’’.
SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT
ACT OF 1978.
(a) REFERENCES.—Except as otherwise expressly pro-
vided, whenever in this section an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a sec-
tion or other provision, the reference shall be considered to
be made to a section or other provision of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(b) REAUTHORIZATION.—Section 405 is amended by
striking ‘‘purpose—’’ and all that follows thereafter through
the period and inserting ‘‘purpose, not to exceed
$14,000,000 for fiscal year 1995 and for each of the next
7 fiscal years thereafter.’’.
(c) ASSISTANCE
FROM OTHER AGENCIES.—Section
403 is amended—
(1) in paragraph (1) by striking ‘‘under this
Act; and’’ and inserting ‘‘of the Office of Government
Ethics; and’’; and
(2) in paragraph (2) by striking ‘‘duties.’’ and
inserting ‘‘duties under this Act or any other Act.’’.
(d) GIFT ACCEPTANCE AUTHORITY.—Section 403, as
amended by subsection (c), is further amended—
(1) by inserting ‘‘(a)’’ before ‘‘Upon the request’’;
(2) in the next to last sentence by striking ‘‘this
section’’ and inserting ‘‘this subsection’’; and
(3) by adding at the end the following:
‘‘(b)(1) The Director may accept and use, 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 Of-
fice of Government Ethics.
‘‘(2) No gift, donation, bequest, or devise may be so
accepted if it—
‘‘(A) attaches conditions inconsistent with appli-
cable laws or regulations; or
‘‘(B) is conditioned on or will require the ex-
penditure of appropriated funds that are not avail-
able to the Office of Government Ethics.
‘‘(3) The Director shall promulgate written rules set-
ting forth the criteria to be used in determining whether
the acceptance of such a gift, donation, bequest, or devise
would reflect unfavorably on the ability of the Office of Gov-
ernment Ethics or any employee to carry out its respon-
sibilities 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.’’.
(e) REPORTS TO CONGRESS.—Section 408 is amended
by striking ‘‘March 31’’ and inserting ‘‘April 30’’.
(f) SECTION HEADING.—The heading for section 401
is amended to read as follows:
‘‘ESTABLISHMENT; APPOINTMENT OF DIRECTOR’’.
SEC. 3. OTHER AMENDMENTS.
(a) ELIMINATION 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.
(b) FDIA.—Effective as of the date of the enactment
of this Act, 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,’’.
SEC. 4. EFFECTIVE DATE.
Except as provided in section 3(b), this Act shall be
effective as of October 1, 1994.