[104th Congress Public Law 179]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ179.104]
[[Page 1565]]
OFFICE OF GOVERNMENT ETHICS AUTHORIZATION ACT OF 1996
[[Page 110 STAT. 1566]]
Public Law 104-179
104th Congress
An Act
To amend the Ethics in Government Act of 1978, to extend the
authorization of appropriations for the Office of Government Ethics for
3 years, and for other purposes. <<NOTE: Aug. 6, 1996 - [H.R. 3235]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Office of Government Ethics
Authorization Act of 1996.>> assembled,
SECTION 1. <<NOTE: 5 USC app. 101 note.>> SHORT TITLE.
This Act may be cited as the ``Office of Government Ethics
Authorization Act of 1996''.
SEC. 2. GIFT ACCEPTANCE AUTHORITY.
Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.
5) is amended--
(1) by inserting ``(a)'' before ``Upon the request''; and
(2) by adding at the end the following:
``(b)(1) The Director is authorized to accept and utilize 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 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) <<NOTE: Rules.>> 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 facilities, or
personal property under this subsection would reflect unfavorably upon
the ability of the Office of Government Ethics, or any employee of such
Office, to carry out its responsibilities 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.''.
SEC. 3. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.
The text of section 405 of the Ethics in Government Act of 1978 (5
U.S.C. App. 5) is amended to read as follows: ``There are authorized to
be appropriated to carry out this title such sums as may be necessary
for each of fiscal years 1997 through 1999.''.
SEC. 4. REPEAL AND CONFORMING AMENDMENTS.
(a) Repeal 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.
[[Page 110 STAT. 1567]]
(b) Conforming Amendments.--
(1) FDIA.--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,''.
(2) Ethics in government act of 1978.--(A) The heading for
section 401 of the Ethics in Government Act of 1978 <<NOTE: 5
USC app. 401.>> is amended to read as follows:
``establishment; appointment of director''.
(B) Section 408 of such Act <<NOTE: 5 USC app. 408.>> is
amended by striking ``March 31'' and inserting ``April 30''.
SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.
Section 207(j) of title 18, United States Code, is amended by adding
at the end the following new paragraph:
``(7) Political parties and campaign committees.--(A) Except
as provided in subparagraph (B), the restrictions contained in
subsections (c), (d), and (e) shall not apply to a communication
or appearance made solely on behalf of a candidate in his or her
capacity as a candidate, an authorized committee, a national
committee, a national Federal campaign committee, a State
committee, or a political party.
``(B) Subparagraph (A) shall not apply to--
``(i) any communication to, or appearance before,
the Federal Election Commission by a former officer or
employee of the Federal Election Commission; or
``(ii) a communication or appearance made by a
person who is subject to the restrictions contained in
subsections (c), (d), or (e) if, at the time of the
communication or appearance, the person is employed by a
person or entity other than--
``(I) a candidate, an authorized committee, a
national committee, a national Federal campaign
committee, a State committee, or a political
party; or
``(II) a person or entity who represents,
aids, or advises only persons or entities
described in subclause (I).
``(C) For purposes of this paragraph--
``(i) the term `candidate' means any person who
seeks nomination for election, or election, to Federal
or State office or who has authorized others to explore
on his or her behalf the possibility of seeking
nomination for election, or election, to Federal or
State office;
``(ii) the term `authorized committee' means any
political committee designated in writing by a candidate
as authorized to receive contributions or make
expenditures to promote the nomination for election, or
the election, of such candidate, or to explore the
possibility of seeking nomination for election, or the
election, of such candidate, except that a political
committee that receives contributions or makes
expenditures to promote more than 1 candidate may not be
designated as an authorized committee for purposes of
subparagraph (A);
``(iii) the term `national committee' means the
organization which, by virtue of the bylaws of a
political party,
[[Page 110 STAT. 1568]]
is responsible for the day-to-day operation of such
political party at the national level;
``(iv) the term `national Federal campaign
committee' means an organization that, by virtue of the
bylaws of a political party, is established primarily
for the purpose of providing assistance, at the national
level, to candidates nominated by that party for
election to the office of Senator or Representative in,
or Delegate or Resident Commissioner to, the Congress;
``(v) the term `State committee' means the
organization which, by virtue of the bylaws of a
political party, is responsible for the day-to-day
operation of such political party at the State level;
``(vi) the term `political party' means an
association, committee, or organization that nominates a
candidate for election to any Federal or State elected
office whose name appears on the election ballot as the
candidate of such association, committee, or
organization; and
``(vii) the term `State' means a State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the
United States.''.
SEC. 6. PAY LEVEL.
Section 207(c)(2)(A)(ii) of title 18, United States Code, is
amended by striking ``level V of the Executive Schedule,'' and inserting
``level 5 of the Senior Executive Service,''.
Approved August 6, 1996.
LEGISLATIVE HISTORY--H.R. 3235 (S. 699):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 104-595, Pt. 1 (Comm. on the Judiciary).
SENATE REPORTS: No. 104-244 accompanying S. 699 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 142 (1996):
June 4, considered and passed House.
July 24, considered and passed Senate.
<all>