A bill to amend section 207 of title 18, United States Code.
PL 96-28 (S.869), enacted 06/22/1979

93 STAT. 76 
PUBLIC LAW 96-28—JUNE 22, 1979 
Public Law 96-28 
96th Congress 
An Act 
June 22, 1979 
[S. 869] 
Ethics in 
Grovemment Act 
of 1978, 
amendment. 
5 u s e 5311. 
5 u s e 5332 note. 
5 u s e 1101 note. 
Departments 
and agencies, 
cooperation. 
To amend section 207 of title 18, United States Code. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That subsection (b) 
of section 207 of title 18, United States Code, as amended by the Act of 
October 26, 1978 (Public Law 95-521, section 501(a); 92 Stat. 1864) is 
amended as follows: In clause (ii), strike "concerning" and insert "bv 
personal presence at"; and in subparagraph (3), before "which was 
insert ", as to (i)," and after "responsibility, or" insert ", as to (ii),". 
SEC. 2. Subsection (d) of 
section 207 of title 18, United States Code, is 
amended to read as follows: 
"(d)(1) Subsection (c) of this section shall apply to a person 
employed— 
"(A) at a rate of pay specified in or fixed according to sub-
chapter II of chapter 53 of title 5, United States Code, or a 
comparable or greater rate of pay under other authority; 
"(B) on active duty as a commissioned officer of a uniformed 
service assigned to pay grade of 0-9 or above as described in 
section 201 of title 37, United States Code; or 
"(C) in a position which involves significant decision-making or 
supervisory responsibility, as designated under this subpara-
graph by the Director of the Office of Government Ethics, in 
consultation with the department or agency concerned. Only 
positions which are not covered by subparagraphs (A) and (B) 
above, and for which the basic rate of pay is equal to or greater 
than the basic rate of pay for GS-17 of the General Schedule 
prescribed by section 5332 of title 5, United States Code, or 
positions which are established within the Senior Executive 
Service pursuant to the Civil Service Reform Act of 1978, or 
positions of active duty commissioned officers of the uniformed 
services assigned to pay 0-7 or 0-8, as described in section 201 of 
title 37, United States Code, may be designated. As to persons in 
positions designated under this subparagraph, the Director may 
limit the restrictions of subsection (c) to permit a former officer 
or employee, who served in a separate agency or bureau within a 
department or agency, to make appearances before or communi-
cations to persons in an unrelated agency or bureau, within the 
same department or agency, having separate and distinct subject 
matter jurisdiction, upon a determination by the Director that 
there exists no potential for use of undue influence or unfair 
advantage based on past government service. On an annual 
basis, the Director of the Office of Government Ethics shall 
review the designations and determinations made under this 
subparagraph and, in consultation with the department or 
agency concerned, make such additions and deletions as are 
necessary. Departments and agencies shall cooperate to the 
fullest extent with the Director of the Office of Government 
Ethics in the exercise of his responsibilities under this 
paragraph. 
PUBLIC LAW 96-28—JUNE 22, 1979 
93 STAT. 77 
"(2) The prohibition of subsection (c) shall not apply to appear-
ances, communications, or representation by a former officer or 
employee, who is— 
"(A) an elected official of a State or local government, or 
"(B) whose principal occupation or employment is with (i) an 
agency or instrumentality of a State or local government, (ii) an 
accredited, degree-granting institution of higher education, as 
defined in section 1201(a) of the Higher Education Act of 1965, or 20 use 1141. 
(iii) a hospital or medical research organization, exempted and 
defined under section 501(c)(3) of the Internal Revenue Code of 
1954, and the appearance, communication, or representation 2
6 use 50i. 
is on behalf of such government, institution, hospital, or 
organization.". 
Approved June 22,1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-115 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
Apr. 9, considered and passed Senate. 
May 16, 24, considered and passed House, amended. 
June 14, Senate concurred in House amendments, with an amendment. 
June 15, House concurred in Senate amendment to House amendment No. 1 
and receded from House amendment No. 2. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 25: 
June 22, Presidential statement.