Section 207 of title 18, United States Code, as amended-Disqualifica- tion of former officers and employees; disqualification of partners Title VII-Senate legal counsel. Establishment of office of Senate legal counsel_ Accountability of office... Requirements for authorizing representation activity Defending the Senate, a committee, subcommittee, Member, officer, or employee of the Senate.. Instituting a civil action to enforce a subpena_ Intervention or appearance_ Immunity proceedings.. Advisory and other functions.. Defense of certain constitutional powers_. Conflict or inconsistency.. Procedure for consideration of resolutions to direct the counsel. Page 58 58 60 60 61 61 63 64 64 64 65 66 66 67 67 68 68 68 68 STATEMENT " The Ethics in Government Act of 1978 was approved October 26, 1978 as Public Law 95-521. The first three titles of the Act provide for financial disclosure by officials and key employees of each of the three branches of the Government. Title IV of the Act provides for an Office of Government Ethics. Title V of the 1978 Act amended section 207 of title 18 of the United States Code, which section bars certain activity by former officers and employees of the United States. Title VI of Public Law 95-521 amended title 28 of the United States Code to provide authority and procedures for the appointment of a special prosecutor. Finally, title VII of the Act provided for the establishment of an Office of Senate Legal Counsel. In the 96th Congress on June 13, 1979, H.R. 2805 was enacted into law as Public Law 96-19. This new law amended titles I, II, and III of Public Law 95-521 to make clarifications and corrections to the provisions in each of those titles relating to financial disclosure. These clarifications and corrections were drafted as the result of suggestions received by the House Committee on the Judiciary and the Senate Committee on Governmental Affairs, and the House Committee on Post Office and Civil Service. The suggested changes and clarifications were prompted by problems encountered by those charged with the Administration and implementation of the law's requirements as to financial disclosure. On June 22, 1979, the bill S. 869 was approved as Public Law 96–28. This law changed the provisions of title V of Public Law 95-521 which amended section 207 of title 18, United States Code, as of July 1, 1979. Section 207 of title 18 places restrictions on the activities of executive branch officers and employees often they leave govern ment service. The text of Public Law 95-521 as set forth in this Committee Print reflects the changes made by both Public Law 96-19 and Public Law 96-28, and has been prepared by the Committee on the Judiciary to show the law as it was amended by these recent enactments. PUBLIC LAW 95-521, 95TH CONGRESS AS AMENDED BY PUBLIC AN ACT To establish certain Federal agencies, effect certain reorganizations of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Ethics in Government Act of 1978". (1) TITLE I-LEGISLATIVE PERSONNEL FINANCIAL 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. (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, which ever 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). N fc ear ng ve er ty C on on ee be ch he ut to ch an rt! en or n y e S S of r h f 1 e 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 employee 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 i 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 requirement 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. |