STATEMENT The Ethics in Government Act of 1978 was signed into law on October 26, 1978, as Public Law 95-521. The purpose of this Act is to preserve and promote public confidence in the integrity of Federal officials through financial disclosure, post-government employment restrictions, and independent investigations of alleged wrongdoing by government officials. The first three titles of the Act provide for financial disclosure by designated officials and employees of the legislative, executive, and judicial branches of the Federal Government. Title IV of the Act establishes the Office of Government Ethics to provide overall direction of executive branch policies relating to conflicts of interest. Title V amends section 207 of title 18 of the United States Code, which restricts certain activities of executive branch officers and employees after they leave government service. Title VI amends title 28 of the United States Code to authorize the appointment of an independent counsel (special prosecutor) to investigate allegations of criminal activity by named high-ranking executive branch officials. Finally, title VII of the Act establishes an Office of Senate Legal Counsel that is authorized to represent the Senate or committees, subcommittees. Members, officers, or employees of the Senate in judicial actions under prescribed circumstances. The Ethics Act has been amended four times since its enactment. In the 96th Congress, H.R. 2805 was enacted as Public Law 96-19 on June 13, 1979, amending certain financial disclosure provisions contained in titles I, II, and III of the 1978 Act. These changes were prompted by problems encountered in the administration of the financial disclosure system in each branch of government. On June 22, 1979, S. 869 was approved as Public Law 96-28, making substantial changes in the provisions of title V which restrict former government officials from representing others in certain matters before the agencies in which they served. During the 97th Congress, S. 2059, entitled the Ethics in Government Act Amendments of 1982, was enacted as Public Law 97-409 on January 3, 1983. These amendments, reported by the Senate Committee on Governmental Affairs and by the House Committee on the Judiciary, amended the special prosecutor provisions of title VI and extended this title for five more years. This legislation was adopted to remedy inequities in the 1978 Act that had become apparent in the course of its implementation, as well as to affirm congressional commitment to the special prosecutor concept. Most recently, on November 11, 1983, S. 461 was signed into law as Public Law 98-150. This law, reported by the Senate Committee on Governmental Affairs and amended by the House Committee on the (1) 2 Judiciary and the House Committee on Post Office and Civil Service, extended the authorization of the Office of Government Ethics until September 30, 1988, amended and clarified the authority of the OGE, and amended certain financial disclosure provisions of the 1978 Act. The text of the Ethics in Government Act of 1978, as set forth in this committee print, incorporates the amendments made to date by Public Law 96-19, Public Law 96-28, Public Law 97-409, and Public Law 98-150. TITLE I-LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS COVERAGE SEC. 101. (a) Each Member in office on May 15 of a calendar year shall file on or before May 15 of that calendar year a report containing the information as described in section 102 (a). (b) (1) Any individual who is an officer or employee of the legislative branch described in subsection (e) during any calendar year and performs the duties of his position or office for a period in excess of sixty days in that calendar year shall file on or before May 15 of the succeeding year a report containing the information described in section 102(a) if such individual is or will be such an officer or employee on such May 15. (2) Any individual whose employment as an officer or employee described in subsection (e) is terminated in any calendar year may be required (A) under the rules of the House of Representatives, if such individual would, but for such termination, file a report with the Clerk pursuant to section 103(a), or (B) under the rules of the Senate, if such individual would, but for such termination, file a report with the Secretary pursuant to section 103(b), to file a financial disclosure report covering (i) that part of such calendar year during which such individual was employed as such an officer or employee, and (ii) the preceding calendar year if the report required by paragraph (1) covering that calendar year has not been filed. (c) Within thirty days of assuming the position of an officer or employee described in subsection (e), an individual other than an individual who was employed in the legislative branch immediately before he assumed such position, shall file a report containing the information as described in section 102 (b) unless the individual has left another position described in subsection (e) within thirty days, prior to assuming his new position. The provisions of the preceding sentence shall not apply to an individual who, as determined by the designated committee of the Senate or the designated committee of the House, as appropriate, is not reasonably expected to perform the duties of his office or position for more than sixty days in a calendar year, except that if he performs the duties of his office or position for more than sixty days in a calendar year, the report required by the preceding sentence shall be filed within fifteen days of the sixtieth day. This subsection shall take effect on January 1, 1979. (3) (d) Within thirty days of becoming a candidate in a calendar year for any election for the office of Member, or on or before May 15 of that calendar year, whichever is later, but in no event later than seven days prior to the election, and on or before May 15 of each successive year the individual continues to be a candidate, an individual shall file a report containing the information as described in section 102(b). Notwithstanding the preceding sentence, in any calendar year in which an individual continues to be a candidate for any office but all elections for such office relating to such candidacy were held in prior calendar years, such individual need not file a report unless he becomes a candidate for another vacancy in that office or another office during that year. (e) The officers and employees referred to in subsections (b) and (c) are (1) each officer or employee of the legislative branch who is compensated at a rate equal to or in excess of the annual rate of basic pay in effect for grade GS-16 of the General Schedule; and (2) at least one principal assistant designated for purposes of this section by each Member who does not have an einployee compensated at a rate equal to or in excess of the annual rate of basic pay in effect for grade GS-16 of the General Schedule. For the purposes of this title, the legislative branch includes the Architect of the Capitol, the Botanic Gardens, the Congressional Budget Office, the Cost Accounting Standards Board, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of the Attending Physician, National Commission on Air Quality, and the Office of Technology Assessment. (f) Reasonable extensions of time for filing any report may be granted by the designated committee of the Senate with respect to those filing with the Secretary and by the designated committee of the House of Representatives with respect to those filing with the Clerk but in no event may the extension granted to a Member or candidate result in a required report being filed later than seven days prior to an election involving the Member or candidate. If the day on which a report is required to be filed falls on a weekend or holiday, the report may be filed on the next business day. (g) Notwithstanding the dates specified in subsection (d) of this section, an individual who is a candidate in calendar year 1978 shall file the report required by such subsection not later than November 1, 1978, except that a candidate for the Senate who has filed a report as of such date pursuant to the Rules of the Senate need not file the report required by subsection (d) of this section. (h) The designated committee of the House of Representatives, or the designated committee of the Senate, as the case may be, may grant a publicly available request for a waiver of any reporting requirements under this section for an individual who is expected to perform or has performed the duties of his office or position for less than one hundred and thirty days in a calendar year, but only if such committee determines that (1) such individual is not a full-time employee of the Government, (2) such individual is able to provide services specially needed by the Government, (3) it is unlikely that the individual's outside employment or financial interests will create a conflict of interest, and (4) public financial disclosure by such individual is not necessary in the circumstances. CONTENTS OF REPORTS SEC. 102. (a) Each report filed pursuant to subsections (a) and (b) of section 101 shall include a full and complete statement with respect to the following: (1) (A) The source, type, and amount or value of income (other than income referred to in subparagraph (B)) from any source (other than from current employment by the United States Government), and the source, date, and amount of honoraria from any source, received during the preceding calendar year, aggregating $100 or more in value. (B) The source and type of income which consists of dividends, interest, rent, and capital gains, received during the preceding calendar year which exceeds $100 in amount or value, and an indication of which of the following categories the amount or value of such item of income is within: (i) not more than $1,000; (ii) greater than $1,000 but not more than $2,500; (vi) greater than $50,000 but not more than $100,000; or (2)(A) The identity of the source and a brief description of any gifts of transportation, lodging, food, or entertainment. aggregating $250 or more in value received from any source other than a relative of the reporting individual during the preceding calendar year, except that any food, lodging, or entertainment received as personal hospitality of any individual need not be reported, and any gift with a fair market value of $35 or less need not be aggregated for purposes of this subparagraph. (B) The identity of the source, a brief description, and the value of all gifts other than transportation, lodging, food, or entertainment aggregating $100 or more in value received from any source other than a relative of the reporting individual during the preceding calendar year, except that any gift with a fair market value of $35 or less need not be aggregated for purposes of this subparagraph. (C) The identity of the source and a brief description of reimbursements received from any source aggregating $250 or more in value and received during the preceding calendar year. (D) In an unusual case, a gift need not be aggregated under subparagraph (A) or (B) if a publicly available request for a waiver is granted. |