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Union Calendar No. 253
106TH CONGRESS
1ST SESSION
H. R. 2904
[Report No. 106–433, Part I]
To amend the Ethics in Government Act of 1978 to reauthorize funding
for the Office of Government Ethics.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1999
Mr. SCARBOROUGH introduced the following bill; which was referred to the
Committee on Government Reform, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
NOVEMBER 2, 1999
Reported with amendments from the Committee on Government Reform
[Strike out all after the enacting clause and insert the part printed in italic]
NOVEMBER 2, 1999
Referral to the Committee on the Judiciary extended for a period ending not
later than November 2, 1999
NOVEMBER 2, 1999
Committee on the Judiciary discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
A BILL
To amend the Ethics in Government Act of 1978 to
reauthorize funding for the Office of Government Ethics.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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.
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 striking
‘‘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 GOVERN-
MENT 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 em-
ployee’ 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 agen-
cy of the United States, or in the government of the
District of Columbia, and who, at the time of reten-
tion, designation, appointment, or employment, is ex-
pected 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;
‘‘(3) a part-time United States magistrate;
‘‘(4) an independent counsel appointed under
chapter 40 of title 28 and any person appointed by
that independent counsel under section 594(c) of title
28;
‘‘(5) a person serving as a part-time local rep-
resentative of a Member of Congress in the Member’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 (not-
withstanding 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—
‘‘(A) an individual who is retained, designated,
appointed, or employed in the United States Govern-
ment or in the government of the District of Columbia
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 Federal or District of
Columbia function under authority of law or an Ex-
ecutive 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 dur-
ing any period of 365 consecutive days; and
‘‘(C) the President, the Vice President, a Member
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 lim-
ited 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;
‘‘(B) providing regular advice, counsel, or rec-
ommendations to the President, the Vice President, a
Member of Congress, or any Federal or District of Co-
lumbia officer or employee, or conducting meetings
involving any of those individuals, as part of the Fed-
eral or District of Columbia government’s internal de-
liberative process; 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 compensation
specifically to act as a representative of an interest (other
than a Federal or District of Columbia interest) on an advi-
sory committee established pursuant to the Federal Advi-
sory Committee Act or any similarly established committee
whose meetings are generally open to the public.’’.
Amend the title so as to read: ‘‘To amend the Ethics
in Government Act of 1978 to reauthorize funding for
the Office of Government Ethics, and to expand the defi-
nition of a ‘special Government employee’ under title 18,
United States Code.’’.
Union Calendar No. 253
106TH CONGRESS
1ST SESSION
H. R. 2904
[Report No. 106–433, Part I]
A BILL
To amend the Ethics in Government Act of 1978
to reauthorize funding for the Office of Govern-
ment Ethics.
NOVEMBER 2, 1999
Reported with amendments
NOVEMBER 2, 1999
Referral to the Committee on the Judiciary extended for
a period ending not later than November 2, 1999
NOVEMBER 2, 1999
Committee on the Judiciary discharged; committed to the
Committee of the Whole House on the State of the
Union and ordered to be printed