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S. 869 (96th): A bill to amend section 207 of title 18, United States Code.


The text of the bill below is as of Jun 22, 1979 (Passed Congress).


93 STAT. 76                        PUBLIC LAW 96-28—JUNE 22, 1979

                     Public Law 96-28
                     96th Congress
                                                      An Act
 June 22, 1979                    To amend section 207 of title 18, United States Code.
    [S. 869]
                       Be it enacted by the Senate and House of Representatives of the
Ethics in            United States of America in Congress assembled, That subsection (b)
Grovemment Act       of section 207 of title 18, United States Code, as amended by the Act of
of 1978,
amendment.           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-
5 u s e 5311.              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
5 u s e 5332 note.        prescribed by section 5332 of title 5, United States Code, or
                          positions which are established within the Senior Executive
5 u s e 1101 note.        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
Departments               necessary. Departments and agencies shall cooperate to the
and agencies,
cooperation.              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 26 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.