Ethics Reform Act of 1989

Summary

Government Ethics Reform Act of 1989 - Title I: Limitations on Outside Employment and Elimination of Honoraria - Amends the Ethics in Government Act of 1978 to: (1) limit the outside income of Members of the House of Representatives and all other Federal employees and officials (except Senators) who are non-career employees paid at a grade GS-16 of the General Schedule or above to 15 percent of the pay for level II of the Executive Schedule in any calendar year; and (2) prohibit such individuals from receiving any honoraria while employed by the Government, beginning on January 1, 1991. Prohibits payments of honoraria on behalf of such an individual to a charitable organization in excess of $2,000 or to a charitable organization from which such an individual or his or her spouse or any relative derives any financial benefit. Prohibits such individuals from: (1) affiliating with, or being employed by, any entity to provide professional services which involve a fiduciary relationship for compensation; (2) permitting their names to be used by such an entity; (3) practicing a profession which involves such a relationship; (4) serving for compensation as an officer or member of any entity; or (5) receiving compensation for teaching without prior notification and approval of the appropriate supervising ethics office administering this title. Authorizes the Attorney General to bring civil actions to enforce this title. Amends the Internal Revenue Code to: (1) prohibit such payments to charitable institutions from being treated as received by the employee or official and used as deductions under Federal, State, and local tax law beginning on January 1, 1991; and (2) provide for the nonrecognition of gain for sales of property to comply with conflict-of-interest requirements after the enactment of this Act. Provides that a repeal of the provisions of this Act with respect to salary increases for senior Government officials shall repeal provisions concerning such limitation and prohibitions on outside income. Title II: Financial Disclosure - Amends the Ethics in Government Act of 1978 to require Members of Congress and legislative, executive, and judicial branch employees and officials paid at a grade GS-16 of the General Schedule or above to report the source, date, and amount of payments to charitable organizations in lieu of honoraria and to file, on a confidential basis, a corresponding list of all recipients of such payments with the dates and amounts of such payments after December 31, 1990. Requires the reporting of income other than from employment by the Government and gifts, respectively, totalling $200 or more in amount or value. Lowers the threshold for reporting gifts of transportation to require an individual receiving such a gift of at least $200 to report the dates and places of travel and a description of the nature of the expenses provided. Revises provisions requiring the reporting of liabilities owed to a relative by specifying that such reporting requirement applies only to liabilities owed to the spouse, parent, grandparent, sibling, or child of the reporting individual or such individual's spouse. Revises financial reporting requirements for assets, liabilities, and transactions in real property and securities by establishing new reporting categories above the current threshold of $250,000. Requires the reporting of the source and amount of any honorarium received by a spouse of a reporting individual. Allows the use of alternative forms for financial disclosure. Allows executive branch employees to file a confidential financial disclosure report in a form prescribed by the Director of the Office of Government Ethics. Requires the reporting of the category of the value of property interests held in qualified blind trusts. Requires that the trustee and any other entity designated in the trust instrument to perform fiduciary duties be a financial institution, an investment advisor, or a law, brokerage, or certified public accounting firm which is not an individual or entity owned entirely by an individual. Provides that the appropriate ethics office may exempt from reporting requirements the financial interests held by any entity which is either a regulated investment company or a pension, profitsharing, or other deferred compensation plan. Requires Members, officers, and employees of the Congress to file a termination report by May 15 or within 30 days of leaving office for the period before the individual left such office if a financial disclosure report has not been filed unless such Member or individual has accepted employment in another position subject to reporting under the Ethics in Government Act of 1978. Extends the period of time within which such reports must be made available for public inspection from 15 to 30 days after they are filed. Requires the appropriate ethics office to assess a $200 fine on any individual who files a report later than 30 days after its due date or any extension of the due date. Requires House and Senate Ethics Committees to establish procedures to ensure that each report under this title is reviewed within 60 days after it is filed. Increases the civil penalty from $5,000 to $10,000 for: (1) knowingly and willfully falsifying or failing to file a financial disclosure report; and (2) obtaining and using such a report for certain unlawful actions. Increases the civil penalties from $1,000 and $5,000 to $5,000 and $10,000, respectively, for a trustee of a qualified blind trust who knowingly or negligently: (1) discloses to an interested party any trust information that may not be disclosed; and (2) acquires any holding the ownership of which is prohibited by the trust instrument. Extends the deadline for completion of the General Accounting Office study of legislative personnel financial disclosure requirements to December 31, 1992. Increases from seven to 30 days the period prior to a congressional election in which a candidate in such an election must make a financial disclosure. Requires individuals employed in the Executive Office of the President who are appointed by the President to file financial disclosure statements. Title III: Citizens' Commission on Public Service and Compensation - Redesignates the Commission on Executive, Legislative, and Judicial Salaries as the Citizens' Commission on Public Service and Compensation. Increases the membership of the Commission from nine to 11 members, six of whom are to be selected for appointment without regard to political affiliation from among persons having experience or expertise in such areas as government, personnel management, or public administration. Prohibits Federal employees and officials, individuals registered under the Federal Regulation of Lobbying Act, and members of their immediate family from serving on the Commission. Requires the General Services Administration to establish procedures by regulation for: (1) selecting the five remaining members by lot from among names randomly selected from voter registration lists; and (2) providing for the maximum degree of geographic diversity practicable among such members. Establishes a four-year term of office for such members after FY 1993. Requires the President to transmit to the Congress on the first Monday after January 3 of the year after the Commission submits its report his or her recommendations regarding pay rates for certain Federal offices and positions in light of the Commission's report and recommendations, the prevailing market value of the services rendered in the offices and positions involved, the country's overall economic condition, and the fiscal condition of the Government. Requires such recommendations to take effect upon the enactment of a bill or joint resolution approving such recommendations in their entirety. Declares that a privileged bill or resolution making such an approval, if offered by the majority leader of either House of the Congress, would be in order in each such House during the 60 days following submission. Requires recommendations of the President for pay adjustments that are approved to take effect as of the date proposed by the President, but only after a November congressional election occurs between the enactment of a bill or resolution approving such recommendations and such proposed date. Requires the Commission to review recruitment and retention problems and any public policy issues involved in maintaining appropriate ethical standards with respect to public service in Government and to report its findings and recommendations to the President. Prohibits any provision increasing the pay rates of Members of Congress, certain legislative positions, judges, justices, and certain other judicial personnel, and Executive Schedule positions from taking effect before the beginning of the Congress after the Congress during which such provision was enacted. Provides that the basic pay rates for positions in the Federal and District of Columbia governments shall be determined as if provisions of law prohibiting increases in pay rates in FY 1989 and 1990 for positions compensated at a rate higher than level III of the Executive Schedule had not been enacted. Authorizes appropriate increases for Federal judges and justices of the Supreme Court. Prohibits any corresponding adjustment in any pay rate until the first pay period after the President's sequestration order of October 16, 1989, is rescinded. Increases the annual salary rates for positions in the Executive Schedule, certain legislative branch positions (except Senators), and offices including the office of the Vice President, the Chief Justice, Associate Justices of the Supreme Court, U.S. circuit judges, U.S. district judges, and judges of the U.S. Court of International Trade by 25 percent beginning on or after January 1, 1991. Revises the method for computing annual cost-of-living increases for certain executive, legislative, and judicial positions by using the most recent percentage change in the Employment Cost Index (a measure of wages and salaries for private industry) minus one-half of one percent. Prohibits the determination of any such percentage change from being less than zero or greater than five percent. Title IV: Miscellaneous Statutory Changes - Amends Federal criminal code provisions regarding the following to provide that the punishment for an offense under such provisions shall be imprisonment for not more than one year, or not more than five years for willful offenses, or for a fine in accordance with the criminal code, or both: (1) compensation to Members of Congress, officers, and others in matters affecting the Government; (2) practice in United States Claims Court or Court of Appeals for the Federal Circuit by such Members; (3) activities of officers and employees in claims against and other matters affecting the Government; (4) acts affecting a personal financial interest; and (5) salary of Government officials and employees payable only by the United States. Authorizes the Attorney General to bring a civil action in the appropriate U.S. district court against any person who engages in conduct constituting an offense under such provisions. Subjects an individual proven to have engaged in such conduct by a preponderance of the evidence to a civil penalty of the greater of $50,000 for each violation or the amount of compensation the person received for the prohibited conduct. Provides that if the Attorney General believes that a person is engaging in conduct constituting an offense under such provisions or provisions with respect to disqualification of former officers, employees and partners, the Attorney General may petition an appropriate U.S. district court for an order prohibiting that person from engaging in such conduct. Allows such a court to issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. States that the imposition of a civil penalty or the filing of such a petition does not preclude any other remedy which is available by law to the United States or any other person. Includes officers and employees of the District of Columbia among the individuals subject to provisions with respect to: (1) compensation to Members of Congress, officers, and others in matters affecting the Government; and (2) activities of officers and employees in claims against and other matters affecting the Government. Revises provisions with respect to the disqualification of partners of current officers and employees to apply such disqualification to general partners instead of partners. Prohibits provisions concerning acts affecting a personal financial interest from applying: (1) in the case of a special Government employee serving on an advisory committee if the official responsible for the employee's appointment certifies that the need for the individual's services outweighs the potential for a conflict of interest created by the financial interest involved; or (2) if the financial interest that would be affected by the particular matter involved results solely from the interest of the officer or employee or his or her spouse or minor child in birthrights in certain Indian groups, allotments, or claims funds if the particular matter does not involve such groups, allotments, or funds as a specific party. Requires copies of any determination granting an exemption for such a special Government employee and or a Government employee with interests deemed not likely to affect the integrity of Government service under such provisions to be submitted to the Director of the Office of Government Ethics. Requires the Director to make all such determinations available to the public. Requires the information from the financial disclosure reports of the officer or employee involved describing the asset or assets that necessitated the waiver to be available to the public. Prohibits public disclosure of classified information with respect to such employees. Revises provisions with respect to gifts to supervisors to: (1) allow voluntary gifts or contributions of nominal value that are given or received in circumstances authorized by the appropriate supervising ethics office; and (2) repeal the requirement that employees violating such provisions be removed from the service and instead to subject such an employee to appropriate disciplinary action or additional remedial action by the employing agency or entity. Prohibits Federal employees and officials from soliciting or accepting anything of value from a person: (1) seeking official action from, doing business with, or conducting activities which are regulated by the employee's or officer's employing agency; or (2) whose interests may be substantially affected by the performance or nonperformance of the employee's or officer's official duties. Authorizes each supervising ethics office to prescribe regulations implementing such prohibition and providing for reasonable exceptions. Provides that employees and officials who violate such prohibition shall be subject to appropriate disciplinary and other remedial action. Establishes the President's Commission on the Federal Appointment Process to study the simplification of the presidential appointment process by reducing the number and complexity of forms to be completed by nominees. Directs the Commission to submit a report of such study to the President within 90 days after its first meeting. Terminates the Commission upon the submission of its report. Directs the Administrator of General Services to prescribe by regulation the conditions under which an agency or employee in the executive branch may accept payment from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee at any meeting or similar function relating to the employee's official duties. Requires any cash payment so accepted to be credited to the appropriation applicable to such expenses. Requires a pro rata reduction in any entitlement of the employee to payment from the Government for such expenses for payments in kind. Prohibits an agency or employee from accepting payment for such expenses except as provided under provisions concerning the acceptance of contributions, awards, and other payments. Provides that an employee who accepts payments for such expenses may be required, in addition to any penalty provided by law, to repay the amount of such payment for deposit in the general fund of the Treasury and is prohibited from entitlement to any payment from the Government for such expenses. Amends the Federal judicial code to require a justice or judge who has retired from regular service but still retains the office (Senior status) to be certified by the Chief Justice (for a justice) or by the chief judge of the circuit in which the judge sits in order to continue receiving the salary of the office. Sets forth certification criteria with respect to courtroom participation, judicial duties outside the courtroom, and administrative duties. Provides that in a case in which such justice or judge does not receive a certification, the justice or judge shall continue to receive the salary he or she was receiving when he or she was last in active service. Directs Federal agency or entity heads to prescribe appropriate conditions for the incidental use, for other than official business, of vehicles owned or leased by the Government. Amends the Federal Election Campaign Act of 1971 to repeal provisions that exempt Members of Congress in office on January 8, 1980, from the prohibition against converting excess campaign funds to personal use. Amends the Office of Federal Procurement Policy Act to repeal provisions with respect to procurement integrity during procurement of property or services. Amends uniformed services pay and allowances provisions regarding the restriction on payment to certain officers to: (1) repeal the prohibition against the employment of Regular Army or Marine Corps officers by a person furnishing naval supplies or war materials to the United States; and (2) decrease the period during which such payment may not be made from any appropriation to such an officer from three to two years after his or her name is placed on a retired list. Amends the Department of Energy Organization Act to repeal provisions concerning the: (1) disclosure of energy assets; (2) report on prior employment; (3) postemployment prohibitions and reporting requirements; and (4) participation prohibitions. Title V: Amendments to the Rules of the House of Representatives - Amends rule XLIII of the Rules of the House of Representatives to: (1) increase from $50 to $75 the fair market value of personal gifts of hospitality which a Member, officer or employee of the House may accept in any calendar year; (2) prohibit such individuals from accepting gifts in any calendar year aggregating more than the minimal value established under provisions regarding the receipt and disposition of foreign gifts and decoration from any person except to the extent permitted by written waiver granted in exceptional circumstances by the Committee on Standards of Official Conduct; (3) mandate that House employees who are required to file financial disclosure reports refrain from contacting any executive or judicial branch agency with respect to nonlegislative matters affecting any nongovernmental person in which the employee has a significant financial interest unless such employee first advises his employing authority of such interest and obtains a waiver from such authority stating that his or her participation is necessary. Directs such Committee to amend its advisory opinions relating to the acceptance of gifts to: (1) prohibit the receipt of lodging as personal hospitality in excess of 30 days in any calendar year from any individual unless a written waiver is granted by the Committee; (2) exempt from coverage under rule XLIII gifts of food and beverages consumed not in connection with gifts of lodging. Amends House rules to make changes corresponding to provisions of previous titles of this Act with respect to the conversion of campaign funds. Amends rule XLIV to change the due date for the submission of financial disclosure reports. Directs the Committee to issue an advisory opinion to provide for appropriate conditions for the incidental noncampaign use of campaign vehicles. Amends Rule X to prohibit Members from serving on the Committee during more than three Congresses in any period of five successive Congresses, disregarding any service on such committee for less than a full session in any Congress. Directs each respective party caucus or conference of the House to nominate seven members at the beginning of each Congress to serve on the Committee. Directs the Committee to adopt rules to establish investigative subcommittees. Amends various rules with respect to the committee regarding adjudicatory subcommittees, administrative actions, reports to the House, the statute of limitations applicable to violations that may be investigated, and right to counsel for respondents in investigations. Directs the Committee to establish an Office on Advice and Education to: (1) provide information and guidance to House Members, officers and employees regarding laws and other standards of conduct applicable to such individuals in their official capacities and any interpretations and advisory opinions of the Committee; (2) recommend formal advisory opinions of general applicability; and (3) develop and carry out periodic educational briefings for Members, officers, and employees on those laws or other standards of conduct applicable to them. Amends rule XLVIII to make changes corresponding to provisions of previous titles of this Act with respect to the elimination of honoraria and limitations on outside earned income and employment. Directs the Committee to amend its advisory opinions relating to the acceptance of necessary travel expenses incurred on or after January 1, 1990, in connection with speaking engagements and similar events to: (1) prohibit the acceptance of such expenses for more than four consecutive days for domestic travel and seven consecutive days for foreign travel; and (2) permit the acceptance of travel expenses for the spouse or other family member in connection with any substantial participation event or fact-finding activity.

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Timeline

1. 15 November 1989

   Introduced

   Introduced in House

   Source: IntroReferral

2. 15 November 1989

   Introduced

   Introduced in House

   Source: IntroReferral

3. 15 November 1989

   Reported

   Rules Committee Resolution H. Res. 290 Reported to House. Rule provides for consideration of H.R. 3660 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. The resolution waives all points of order against the bill and against its consideration. Measure will be read by section. Bill is closed to amendments.

   Source: Floor

4. 15 November 1989

   Passed

   Ms. Slaughter (NY) asked unanimous consent that the Committee on Rules have until midnight on Nov. 15 to file a report on H.R. 3660. Agreed to without objection.

   Source: Committee

5. 15 November 1989

   Referred

   Referred to the Subcommittee on Administrative Law and Governmental Relations.

   Source: Committee

6. 15 November 1989

   Introduced

   Referred to the House Committee on Rules.

   Source: IntroReferral

7. 16 November 1989

   Passed

   Motion to reconsider laid on the table Agreed to without objection.

   Source: Floor

8. 16 November 1989

   Vote

   On passage Passed by the Yeas and Nays: 252 - 174 (Roll no. 358).

   Source: Floor

9. 16 November 1989

   Vote

   Passed/agreed to in House: On passage Passed by the Yeas and Nays: 252 - 174 (Roll no. 358).

   Source: Floor

10. 16 November 1989

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

11. 16 November 1989

    Introduced

    Received in the Senate, read twice.

    Source: IntroReferral

12. 16 November 1989

    Floor

    Rule provides for consideration of H.R. 3660 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. All points of order against the bill and against its consideration shall be waived. Measure will be read by title. Bill is closed to amendments.

    Source: Floor

13. 16 November 1989

    Floor

    Considered under the provisions of rule H. Res. 290.

    Source: Floor

14. 17 November 1989

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

15. 17 November 1989

    Passed

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

    Source: Floor

16. 17 November 1989

    Passed

    DISPOSITION OF SENATE AMENDMENT - Mr. Hoyer asked unanimous consent that it be in order to consider at any time a motion, if offered by the majority leader, or his designee, after consultation with the minority leader, or his designee, to take from the Speaker's table H.R. 3660, with the Senate amendment or amendments thereto, and to dispose of the Senate amendment or amendments; that such motion be debatable for not to exceed one hour, equally divided and controlled; that the previous question be considered as ordered on the motion to final adoption without intervening motion; that all points of order against the motion be waived; that such motion shall be considered as having been read; and that such motion not be subject to a demand for a division of the question. Agreed to without objection.

    Source: Floor

17. 17 November 1989

    Referred

    Referred to the Subcommittee on Legislation and National Security.

    Source: Committee

18. 18 November 1989

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: ResolvingDifferences

19. 18 November 1989

    Passed

    On motion that the House agree to the Senate amendments Agreed to by voice vote.

    Source: ResolvingDifferences

20. 18 November 1989

    Passed

    Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to by voice vote.

    Source: NotUsed

21. 18 November 1989

    ResolvingDifferences

    The previous question was ordered without objection.

    Source: ResolvingDifferences

22. 18 November 1989

    Veto

    Pursuant to a previous special order the House moved to agree to the Senate amendments.

    Source: Veto

23. 28 November 1989

    Floor

    Presented to President.

    Source: Floor

24. 28 November 1989

    President

    Presented to President.

    Source: President

25. 28 November 1989

    Floor

    Measure Signed in Senate.

    Source: Floor

26. 30 November 1989

    Became law

    Became Public Law No: 101-194.

    Source: President

27. 30 November 1989

    Became law

    Signed by President.

    Source: BecameLaw

28. 30 November 1989

    President

    Signed by President.

    Source: President

Votes

No vote records are attached yet.

Versions

• Engrossed Amendment Senate · — · Download file
• Engrossed in House · — · Download file
• Enrolled Bill · — · Download file
• Introduced in House · — · Download file
• Received in Senate · — · Download file

Documents

8 official files

• Received in Senate (text)

  Received in Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

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• Public Law (PDF)

  Public Law · EN · 1 December 1989

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• Passed Senate amended

  summary · EN · 17 November 1989

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• Introduced in House

  summary · EN · 15 November 1989

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Sponsors

• Rep. Foley, Thomas S. [D-WA-5] · D · Sponsor
• Rep. Michel, Robert H. [R-IL-18] · R · Sponsor
• Rep. Fazio, Vic [D-CA-3] · D · Sponsor
• Rep. Martin, Lynn M. [R-IL-16] · R · Sponsor
• · hsgo00 · Standing
• · hsju00 · Standing
• · hswm00 · Standing
• · hsso00 · Standing
• · hsha00 · Standing
• · hspo00 · Standing
• · hsru00 · Standing

Related records

• related to → Proposing an amendment to the Constitution of the United States relating to the compensation of Senators and Representatives, providing that no increase in compensation shall take effect earlier than the following Congress.
• related to → To prevent any pay increase for Members of Congress from taking effect in 1989 under the Federal Salary Act of 1967 or, if any such increase takes effect before this resolution becomes law, to nullify any such increase.
• related to → Disapproving the pay increases for Members of Congress recently recommended by the President, and for other purposes.
• related to → Disapproving the salary increase for Members of Congress proposed by the President.
• related to → Disapproving pay increases proposed by the President for Members of Congress.
• related to → Disapproving the recommendations of the President relating to rates of pay of certain officers and employees of the Federal Government, and for other purposes.
• related to → Congressional Salary Act of 1989
• related to → To disapprove the salary increases recommended by the President for certain executive, legislative, and judicial positions; to prohibit the acceptance of political action committee contributions; and to prohibit the acceptance and payment of honoraria.
• related to ← A concurrent resolution providing for the correction of technical errors in the enrollment of the bill H.R. 3660.
• amends ← To repeal pay increase provisions.
• amends ← In the nature of a substitute.
• amends ← In the nature of a substitute.
• amends ← To require a roll call vote of both the House of Representatives and the Senate on the disposition of a bill or resolution relating to pay increases for Members of Congress.
• amends ← To repeal the grandfather clause.

Showing 14 of 38 related records.

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