Text: H.R.3341 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 390
102d CONGRESS
1st Session
H. R. 3341
AN ACT
To amend the Ethics in Government Act of 1978 with respect to honoraria,
and for other purposes.
November 26 (legislative day, NOVEMBER 23), 1991
Received
November 27 (legislative day, NOVEMBER 23), 1991
Read twice and placed on the calendar
HR 3341 PCS
Calendar No. 390
102d CONGRESS
1st Session
 H. R. 3341
IN THE SENATE OF THE UNITED STATES
November 26 (legislative day, NOVEMBER 23), 1991
Received
November 27 (legislative day, NOVEMBER 23), 1991
Read twice and placed on the calendar
AN ACT
To amend the Ethics in Government Act of 1978 with respect to honoraria,
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 `Ethics in Government Act Amendments of 1991'.
SEC. 2. MODIFICATION OF PROHIBITION OF HONORARIA.
  Section 501(b) of the Ethics in Government Act of 1978, as amended by the
  Ethics Reform Act of 1989 and Public Law 101-280, is amended--
  (1) by striking `an individual' and inserting `(1) Except as provided in
  paragraph (2), an individual'; and
  (2) by adding at the end the following new paragraph:
  `(2)(A) Subject to subparagraph (B), paragraph (1) shall not apply to an
  honorarium paid to an officer or employee for an appearance, a speech,
  or an article published in a bona fide publication if--
  `(i) the purpose of the appearance, or the subject of the speech or article,
  does not relate primarily to the responsibilities, policies, or programs
  of the agency or office in which the individual is employed, and does not
  involve the use of Government time, property or other resources of the
  Government, or nonpublic Government information;
  `(ii) the reason for which the honorarium is paid is unrelated to that
  individual's official duties or status as such officer or employee; and
  `(iii) the person offering the honorarium has no interests that may
  be substantially affected by the performance or nonperformance of that
  individual's official duties.
  `(B) Subparagraph (A) shall not apply to an officer or employee who is--
  `(i) a Member, or
  `(ii) a noncareer officer or employee employed in a position for which the
  rate of basic pay, exclusive of any locality-based pay adjustment under
  section 5302 of title 5 (or any comparable adjustment pursuant to interim
  authority of the President) is equal to or greater than the rate of basic
  pay payable for Level V of the Executive Schedule.
  `(C) A statement of the source, date, and amount of any honorarium accepted
  by an individual under subparagraph (A) shall be included in any report
  required by such individual by section 101 or section 107 of this Act.
  `(D) The amount of any honorarium accepted under subparagraph (A) shall
  not exceed the usual and customary fee for the services for which the
  honorarium is paid, up to a maximum of $2,000.'.
SEC. 3. REGULATIONS.
  Section 503 of the Ethics in Government Act of 1978 is amended--
  (1) by inserting `(a) IN GENERAL- ' before `This'; and
  (2) by adding at the end the following:
  `(b) PRIOR NOTIFICATION OF ACCEPTANCE OF HONORARIA- (1)(A) Rules and
  regulations issued under subsection (a) shall include procedures under which
  individuals described in paragraph (2) shall notify the appropriate entity
  administering such rules and regulations before accepting honoraria permitted
  under section 501(b)(2)(A) that, in the aggregate, equal or exceed $200 in
  value from any one source in a calendar year. Such rules and regulations
  may include provision for notification after the acceptance of a noncash
  honorarium for an appearance or speech if the offer of the honorarium is made
  at the appearance or speech. Such rules and regulations may also provide for
  the notification of the appropriate entity if an honorarium is not accepted.
  `(B) Each entity administering such rules and regulations shall compile
  all notifications received under subparagraph (A) during each calendar
  quarter. Such compilations shall be made available to the public in the
  same manner as reports are made available to the public under section 105
  of this Act.
  `(2) The individuals to whom paragraph (1) applies are any noncareer officer
  or employee who occupies a position classified above GS-15 of the General
  Schedule or, in the case of positions not under the General Schedule,
  for which the rate of basic pay is equal to or greater than 120 percent
  of the minimum rate of basic pay payable for GS-15.
  `(3) Any person who fails to notify the appropriate entity, pursuant to
  procedures established under paragraph (1), before accepting honoraria--
  `(A) shall pay, for deposit in the general fund of the Treasury, an amount
  equal to the value of the honoraria involved; and
  `(B) shall be subject to appropriate disciplinary and other remedial
  action in accordance with applicable laws, Executive orders, and rules
  or regulations.
The entity administering rules and regulations issued under paragraph (1)
may, in accordance with procedures established in such rules and regulations,
waive any penalty under this paragraph in extraordinary circumstances.'.
SEC. 4. DEFINITION OF HONORARIUM.
  Section 505(3) of the Ethics in Government Act of 1978 (as amended by section
  314(b) of Public Law 102-90) as in effect on January 1, 1992, is amended by
  striking `if the subject matter' and all that follows through `Government'.
SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS.
  (a) 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;
  `(ii) any communication to, or appearance before, an employee (as defined
  in section 2105 of title 5) of an Executive agency (as defined in section
  105 of title 5), unless the employee is--
  `(I) an employee of the Executive Office of the President;
  `(II) the head or assistant head of an Executive department or a military
  department (as such terms are defined in sections 101 and 102 of title 5); or
  `(III) an employee appointed by the President, by and with the advice and
  consent of the Senate;
  `(iii) any communication or appearance referred to in subparagraph (A) that
  is made by a person on any matter in which that person also represents,
  as agent or attorney or otherwise, anyone other than a person or entity
  described in subparagraph (C); or
  `(iv) a communication or appearance that is made by--
  `(I) a person who is subject to the restrictions of subsection (c) or (d)
  if the communication or appearance is made before an officer or employee of a
  department or agency, other than the Executive Office of the President, and
  if that person is also representing, aiding, or advising anyone else (other
  than the United States or a person or entity referred to in subparagraph
  (C) in any matter pending before that department or agency;
  `(II) a person who is subject to the restrictions of subsection (e)(1)(A)
  and who is also representing, aiding, or advising anyone else (other than
  the United States or a person or entity referred to in subparagraph (C))
  in any matter pending before either House of Congress or any legislative
  office of the Congress;
  `(III) a person who is subject to the restrictions of subsection (e)(2)(A)
  and who is also representing, aiding, or advising anyone else (other than
  the United States or a person or entity referred to in subparagraph (C))
  in any matter pending before any person described in subsection (e)(2)(B);
  `(IV) a person who is subject to the restrictions of subsection (e)(3)
  and who is also representing, aiding, or advising anyone else (other than
  the United States or a person or entity referred to in subparagraph (C))
  in any matter pending before the committee by which the former employee
  was employed;
  `(V) a person who is subject to the restrictions of subsection (e)(5)(A)
  and who is also representing, aiding, or advising anyone else (other than
  the United States or a person or entity referred to in subparagraph (C))
  in any matter pending before any person described in subsection (e)(5)(B).
  `(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.'.
  (b) APPLICABILITY- A former officer or employee who is subject to the
  prohibitions contained in section 207(c) of title 18, United States Code, as
  in effect before January 1, 1991, shall, notwithstanding such prohibitions,
  be permitted to make communications and appearances solely on behalf of a
  candidate, in his or her capacity as candidate, an authorized committee, a
  national committee, a national Federal campaign committee, a State committee,
  or a political party, as though the provisions of section 207 of title 18,
  United States Code, in effect on or after January 1, 1991, as amended by
  this section, were applicable to such former officer or employee.
SEC. 6. TECHNICAL AMENDMENTS.
  (a) TITLE I OF ETHICS IN GOVERNMENT ACT OF 1978- Title I of the Ethics in
  Government Act of 1978 is amended--
  (1) in section 101(f)--
  (A) in paragraph (3) by striking `whose position' and all that follows
  through `for GS-16' and inserting `who occupies a position classified above
  GS-15 of the General Schedule or, in the case of positions not under the
  General Schedule, for which the rate of basic pay is equal to or greater
  than 120 percent of the minimum rate of basic pay payable for GS-15 of
  the General Schedule';
  (B) in paragraph (6) by striking `whose basic rate of pay' and all that
  follows through `GS-16' and inserting `who occupies a position for which
  the rate of basic pay is equal to or greater than 120 percent of the
  minimum rate of basic pay payable for GS-15 of the General Schedule';
  (2) in section 109--
  (A) in paragraph (8) by striking `who is paid' and all that follows through
  `Schedule' and inserting `who occupies a position for which the rate of
  basic pay is equal to or greater than 120 percent of the minimum rate of
  basic pay payable for GS-15 of the General Schedule';
  (B) in paragraph (13)(B)(i) by striking `who is compensated' and all
  that follows through `Schedule' and inserting `who, for at least 60 days,
  occupies a position for which the rate of basic pay is equal to or greater
  than 120 percent of the minimum rate of basic pay payable for GS-15 of
  the General Schedule'; and
  (C) in paragraph (13)(B)(ii) by striking `compensated' and all that follows
  through `Schedule' and inserting `who occupies a position for which the
  rate of basic pay is equal to or greater than 120 percent of the minimum
  rate of basic pay payable for GS-15 of the General Schedule'.
  (b) TITLE V OF THAT ACT- Title V of the Ethics in Government Act of 1978
  is amended--
  (1) in section 501(a)(1) by striking `whose rate of basic pay is equal to or
  greater than the annual rate of basic pay in effect for grade GS-16 of the
  General Schedule under section 5332 of title 5, United States Code,' and
  inserting `who occupies a position classified above GS-15 of the General
  Schedule or, in the case of positions not under the General Schedule,
  for which the rate of basic pay is equal to or greater than 120 percent
  of the minimum rate of basic pay payable for GS-15 of the General Schedule,';
  (2) in section 501(a)(2) by striking `who becomes a Member or an officer
  or employee who is a noncareer officer or employee and whose rate of
  basic pay is equal to or greater than the annual rate of basic pay in
  effect for grades GS-16 of the General Schedule during a calendar year,'
  and inserting `who during a calendar year becomes a Member or an officer
  or employee who is a noncareer officer or employee and who occupies a
  position classified above GS-15 of the General Schedule or, in the case
  of positions not under the General Schedule, for which the rate of basic
  pay is equal to or greater than 120 percent of the minimum rate of basic
  pay payable for GS-15 of the General Schedule,'; and
  (3) in section 502 by striking `whose rate of basic pay is equal to or
  greater than the annual rate of basic pay in effect for grade GS-16 of the
  General Schedule' and inserting `who occupies a position classified above
  GS-15 of the General Schedule or, in the case of positions not under the
  General Schedule, for which the rate of basic pay is equal to or greater
  than 120 percent of the minimum rate of basic pay payable for GS-15 of
  the General Schedule'.
  (c) AMENDMENTS TO GIFT PROVISIONS- Section 314(g) of the Legislative
  Branch Appropriations Act, 1992 (Public Law 102-90) is amended by adding
  at the end the following: `The amendments made by subsection (a) shall
  apply only with respect to gifts or reimbursements received on or after
  such effective date.'.
SEC. 7. EFFECTIVE DATE.
  (a) IN GENERAL- Subject to subsection (b), the amendments made by this
  Act shall take effect on the date of the enactment of this Act.
  (b) SECTION 2- The amendments made by section 2 shall be effective as of
  January 1, 1991.
Passed the House of Representatives November 25, 1991.
Attest:
DONNALD K. ANDERSON,
Clerk.