Pub.L. 104-18 To amend the Omnibus Budget Reconciliation Act of 1990 to permit medicare select policies to be offered in all States. <> ...

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          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.

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