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S 461 - 98

An act to amend the Ethics in Government Act of 1978 to make certain changes in the authority of the Office of Government Ethics, and for other purposes.

Became Public Law No: 98-150.

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Summary

36 Passed House amended Apr 4, 2004

(Measure passed House, amended, in lieu of H. R. 2717) Amends the Ethics in Government Act of 1978 to authorize the Director of the Office of Government Ethics (OGE), in consultation with the Office of Personnel Management (OPM), to issue regulations pertaining to conflicts of interest and ethics in the executive branch. (Currently, the Director may only recommend rules for promulgation by OPM or the President.) Directs the President to: (1) include in each annual Government budget transmitted to Congress the estimated expenditures and proposed appropriations necessary to support OGE for the next five fiscal years; and (2) include in each statement of changes in budget authority, expenditures, or receipts the effect of such changes on OGE funding. Includes certain high level White House aides among those officials whose financial disclosure reports must be transmitted to the Director. Limits the outside earned income of such individuals for a calendar year to 15 percent of their salary for such year. Requires a presidential nominee to update his or her financial report by the date of the first Senate confirmation hearing with respect to income and honoraria received as of five days before such hearing. Permits an individual whose nomination the President or President-elect has publicly announced to file such financial report at any time after such announcement but not later than five days before such hearing. Requires an individual to notify the designated agency official, OGE, or a Senate confirmation committee upon completing actions the individual agrees to take to comply with this Act or other laws or regulations governing conflicts of interest or establishing standards of conduct for Federal employees and officials. Requires the individual to make such notification by the date specified for completion of action in the agreement or, if no date is specified, within three months after the agreement is made. Directs an individual who agrees to recuse himself or herself from particular categories of official action to: (1) reduce to writing those subjects to which the agreement applies and the process for determining whether such individual must recuse himself or herself in a specific instance; and (2) file a document setting forth such information with the designated agency official, OGE, or the appropriate Senate committee by the time prescribed by such agreement or within three months after such agreement is made if no time is prescribed. Revises the conditions a trust must satisfy to be considered a qualified blind trust which is exempt from certain reporting requirements of the Ethics in Government Act of 1978. Includes among the new conditions a requirement that the supervising ethics office determine that approval of the trust as a qualified blind trust is necessary and appropriate to assure compliance with applicable ethics laws and regulations. Repeals the requirement that a reporting individual file a copy of the trust instrument and a list of the trust's assets and their value with the supervising ethics office within 30 days of its approval as a qualified blind trust. Requires certain individuals who perform staff functions for Federal advisory committees composed of one or more special Government employees to file financial disclosure reports. Extends the authorization of appropriations for OGE for five years.

35 Passed Senate amended Apr 4, 2004

(Measure passed Senate, amended) Amends the Ethics in Government Act of 1978 to establish a five year term of office for the Director of the Office of Government Ethics (OGE). Provides that the Director shall be removed from office only for good cause. Upgrades the position of Director from Level V to Level III of the Executive Schedule. Authorizes the Director to promulgate rules. (Currently, the Director may only recommend rules for promulgation by the Office of Personnel Management or the President.) Directs the President to: (1) include in each annual Government budget submitted to Congress a separate statement on the estimated expenditures and proposed appropriations for OGE for the next five fiscal years; and (2) include in each statement of changes in budget authority, expenditures, or receipts the effect of such changes on OGE funding. Prohibits congressional consideration of any legislation that provides appropriations to OGE unless the legislation contains a provision specifying the amount appropriated for OGE. Authorizes the Director to use Inspectors General of other agencies. Makes it the responsibility of the Director to recommend the replacement of any agency ethics official who fails to perform his or her duties. Requires the financial disclosure reports of White House Office employees who are compensated at or above a rate equivalent to Level II of the Executive Schedule to be transmitted to the Director for review. Subjects such employees to the limit on outside earned income currently imposed on certain nonjudicial presidential appointees. Applies a provision that excludes trusts as financial interests under certain conditions to all persons required to file financial disclosure reports. (Currently, such provisions apply only to certain presidential appointees.) Eliminates a financial disclosure provision under which a trust created through a good faith effort to establish a qualified blind trust shall be considered a qualified blind trust. Extends the authorization of appropriations for OGE for five years.

01 Reported to Senate with amendment(s) Apr 4, 2004

(Reported to Senate from the Committee on Governmental Affairs with amendment (without written report)) Amends the Ethics in Government Act of 1978 to establish a five year term of office for the Director of the Office of Government Ethics (OGE). Provides that the Director shall be removed from office only for good cause. Upgrades the position of Director from Level V to Level III of the Executive Schedule. Authorizes the Director to promulgate rules. (Currently, the Director may only recommend rules for promulgation by the Office of Personnel Management or the President.) Directs the President to: (1) include in each annual Government budget submitted to Congress a separate statement on the estimated expenditures and proposed appropriations for OGE for the next five fiscal years; and (2) include in each statement of changes in budget authority, expenditures, or receipts the effect of such changes on OGE funding. Prohibits congressional consideration of any legislation that provides appropriations to OGE unless the legislation contains a provision specifying the amount appropriated for OGE. Authorizes the Director to use Inspectors General of other agencies. Makes it the responsibility of the Director to recommend the replacement of any agency ethics official who fails to perform his or her duties. Requires the financial disclosure reports of White House Office employees who are compensated at or above a rate equivalent to Level II of the Executive Schedule to be transmitted to the Director for review. Subjects such employees to the limit on outside earned income currently imposed on certain nonjudicial presidential appointees. Applies a provision that excludes trusts as financial interests under certain conditions to all persons required to file financial disclosure reports. (Currently, such provisions apply only to certain presidential appointees.) Eliminates a financial disclosure provision under which a trust created through a good faith effort to establish a qualified blind trust shall be considered a qualified blind trust. Extends the authorization of appropriations for OGE for five years.

40 House agreed to Senate amendment with amendment Apr 4, 2004

(House agreed to Senate amendment with amendments) Amends the Ethics in Government Act of 1978 to establish a five year term of office for the Director of the Office of Government Ethics (OGE). Authorizes the Director, in consultation with the Office of Personnel Management (OPM), to issue regulations pertaining to conflicts of interest and ethics in the executive branch. (Currently, the Director may only recommend rules for promulgation by OPM or the President.) Directs the President to: (1) include in each annual Government budget transmitted to Congress the estimated expenditures and proposed appropriations necessary to support OGE for the next five fiscal years; and (2) include in each statement of changes in budget authority, expenditures, or receipts the effect of such changes on OGE funding. Authorizes the Director to request assistance from agency inspectors general in conducting investigations. Includes certain high level White House aides among those officials whose financial disclosure reports must be transmitted to the Director. Limits the outside earned income of such individuals for a calendar year to 15 percent of their salary for such year. Requires a presidential nominee to update his or her financial report by the date of the first Senate confirmation hearing with respect to income and honoraria received as of five days before such hearing. Permits an individual whose nomination the President or President-elect has publicly announced to file such financial report at any time after such announcement but not later than five days before such hearing. Requires an individual to notify the designated agency official, OGE, or a Senate confirmation committee upon completing actions the individual agrees to take to comply with this Act or other laws or regulations governing conflicts of interest or establishing standards of conduct for Federal employees and officials. Requires the individual to make such notification by the date specified for completion of action in the agreement or, if no date is specified, within three months after the agreement is made. Directs an individual who agrees to recuse himself or herself from particular categories of official action to: (1) reduce to writing those subjects to which the agreement applies and the process for determining whether such individual must recuse himself or herself in a specific instance; and (2) file a document setting forth such information with the designated agency official, OGE, or the appropriate Senate committee by the time prescribed by such agreement or within three months after such agreement is made if no time is prescribed. Revises the conditions a trust must satisfy to be considered a qualified blind trust which is exempt from certain reporting requirements of the Ethics in Government Act of 1978. Includes among the new conditions a requirement that the supervising ethics office determine that approval of the trust as a qualified blind trust is necessary and appropriate to assure compliance with applicable ethics laws and regulations. Repeals the requirement that a reporting individual file a copy of the trust instrument and a list of the trust's assets and their value with the supervising ethics office within 30 days of its approval as a qualified blind trust. Requires certain individuals who perform staff functions for Federal advisory committees composed of one or more special Government employees to file financial disclosure reports. Extends the authorization of appropriations for OGE for five years.

39 Senate agreed to House amendment with amendment Apr 4, 2004

(Senate agreed to House amendment with an amendment) Amends the Ethics in Government Act of 1978 to establish a five year term of office for the Director of the Office of Government Ethics (OGE). Requires the President to provide certain congressional committees with a written explanation of the reasons for removing a Director before the expiration of his or her term. Authorizes the Director to issue regulations pertaining to conflicts of interest and ethics in the executive branch. (Currently, the Director may only recommend rules for promulgation by OPM or the President.) Directs the President to: (1) include in each annual Government budget transmitted to Congress the estimated expenditures and proposed appropriations necessary to support OGE for the next five fiscal years; and (2) include in each statement of changes in budget authority, expenditures, or receipts the effect of such changes on OGE funding. Authorizes the Director to request assistance from agency inspectors general in conducting investigations. Makes it the responsibility of the Director to recommend the redesignation of an agency ethics official where such official fails to perform his or her duties properly. Includes certain high level White House aides among those officials whose financial disclosure reports must be transmitted to the Director. Limits the outside earned income of such individuals for a calendar year to 15 percent of their salary for such year. Requires a presidential nominee to update his or her financial report by the date of the first Senate confirmation hearing with respect to income and honoraria received as of five days before such hearing. Requires an individual to notify the designated agency official, OGE, or a Senate confirmation committee upon completing actions the individual agrees to take to comply with this Act or other laws or regulations governing conflicts of interest or establishing standards of conduct for Federal employees and officials. Requires the individual to make such notification by the date specified for completion of action in the agreement or, if no date is specified, within three months after the agreement is made. Directs an individual who agrees to recuse himself or herself from particular categories of official action to: (1) reduce to writing those subjects to which the agreement applies and the process for determining whether such individual must recuse himself or herself in a specific instance; and (2) file a document setting forth such information with the designated agency official, OGE, or the appropriate Senate committee by the time prescribed by such agreement or within three months after such agreement is made if no time is prescribed. Revises the conditions a trust must satisfy to be considered a qualified blind trust which is exempt from certain reporting requirements of the Ethics in Government Act of 1978. Includes among the new conditions a requirement that the supervising ethics office determine that approval of the trust as a qualified blind trust is necessary and appropriate to assure compliance with applicable ethics laws and regulations. Repeals the requirement that a reporting individual file a copy of the trust instrument and a list of the trust's assets and their value with the supervising ethics office within 30 days of its approval as a qualified blind trust. Requires certain individuals who perform staff functions for Federal advisory committees composed of one or more special Government employees to file financial disclosure reports. Extends the authorization of appropriations for OGE for five years.

00 Introduced in Senate Apr 4, 2004

Extends the authorization of appropriations for the Office of Government Ethics for five years.

Sponsors

Timeline

Nov 11, 1983

Signed by President.

Nov 11, 1983

Signed by President.

Nov 11, 1983

Became Public Law No: 98-150.

Nov 11, 1983

Became Public Law No: 98-150.

Oct 31, 1983

Measure Signed in Senate.

Oct 31, 1983

Presented to President.

Oct 31, 1983

Presented to President.

Oct 27, 1983

Resolving differences -- Senate actions: Senate agreed to the House amendments to the Senate amendment to the House amendment. By Voice Vote.

Oct 27, 1983

Senate agreed to the House amendments to the Senate amendment to the House amendment. By Voice Vote.

Sep 30, 1983

Resolving differences -- House actions: House Concurred, in Senate Amendments, with Amendments by Unanimous Consent.

Sep 30, 1983

House Concurred, in Senate Amendments, with Amendments by Unanimous Consent.

Sep 28, 1983

Resolving differences -- Senate actions: Senate concurred in the House amendments with an amendment (SP2236). By Voice Vote.

Sep 28, 1983

Senate concurred in the House amendments with an amendment (SP2236). By Voice Vote.

Sep 19, 1983

House Committee on Post Office and Civil Service Discharged by Unanimous Consent.

Sep 19, 1983

House Committee on Post Office and Civil Service Discharged by Unanimous Consent.

Sep 19, 1983

House Committee on The Judiciary Discharged by Unanimous Consent.

Sep 19, 1983

House Committee on The Judiciary Discharged by Unanimous Consent.

Sep 19, 1983

Called up by House by Unanimous Consent.

Sep 19, 1983

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Sep 19, 1983

Passed House (Amended) by Voice Vote.

Apr 14, 1983

Committee on Governmental Affairs filed written report. Report No. 98-59.

Apr 14, 1983

Committee on Governmental Affairs filed written report. Report No. 98-59.

Apr 13, 1983

Referred to Subcommittee on Administrative Law and Governmental Relations.

Apr 12, 1983

Referred to Subcommittee on Human Resources.

Apr 11, 1983

Referred to House Committee on The Judiciary.

Apr 11, 1983

Executive Comment Received From Justice.

Apr 11, 1983

Referred to House Committee on Post Office and Civil Service.

Apr 6, 1983

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

Apr 6, 1983

Passed Senate with an amendment by Voice Vote.

Mar 24, 1983

Committee on Governmental Affairs. Reported to Senate by Senator Cohen with an amendment in the nature of a substitute. Without written report.

Mar 24, 1983

Committee on Governmental Affairs. Reported to Senate by Senator Cohen with an amendment in the nature of a substitute. Without written report.

Mar 24, 1983

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 70.

Mar 17, 1983

Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Mar 10, 1983

Subcommittee on Oversight of Government Management. Approved for full committee consideration without amendment favorably.

Feb 24, 1983

Subcommittee on Oversight of Government Management. Hearings held. Hearings printed: S.Hrg. 98-35.

Feb 15, 1983

Referred to Subcommittee on Oversight of Government Management.

Feb 3, 1983

Introduced in Senate

Feb 3, 1983

Read twice and referred to the Committee on Governmental Affairs.

House Votes

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Amendments

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