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[DOCID: f:h3235enr.txt]
H.R.3235
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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.
Be it enacted by the Senate and House of Representatives 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 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) 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.
(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 is amended to
read as follows:
``ESTABLISHMENT; APPOINTMENT OF DIRECTOR''.
(B) Section 408 of such Act 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, 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,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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