142:
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Central
Intelligence, the Commissioner of the Internal Revenue Service, all such specified individuals who held office during the incumbency of the President or during the period the previous President held office, if such preceding President was of the same political party as the incumbent President, and any officer of the principal national campaign committee seeking the election or reelection of the President.
760:(D-WA) to provide for government-wide ethics reform. Improvements to the 1978 act included civil penalties for appointees violating post-service employment regulations, and widening the net to include all employees of the Executive Department who hold a commission from the President. The act became Public Law 101-194 on November 30, 1989.
558:
It requires the
Attorney General to investigate specific allegations of federal offenses by the President, Vice President, individuals at specified salary levels in the Executive Office of the President and the Department of Justice, any Assistant Attorney General, the Director and Deputy Director of
690:
Specific provisions of the Act have faced criticism as either too weak or too strong. The
Special Prosecutor created by Title VI was empowered to pursue investigations with minimal evidence, and was required to pursue any accusation that the District Attorney could not disprove. It allowed for legal
674:
Even some
Congressmen who had voted for the Act criticized it privately, leading to speculation that "if it had been an anonymous vote, it would have been voted down two-to-one". The bill's most controversial feature among Congressmen was its limit on outside income, which could be no more than 15
562:
The
Attorney General must decide if there is merit to the allegation within 90 days. If so, he or she must have a special prosecutor appointed who has all the power of the Department of Justice office except those specific to the Attorney General. The special prosecutor is chosen through a system
532:
Title V restricts outside employment on people making above $ 120,000 a year with adjustment for location as of 2011. Employees cannot be employed by an "entity which provides professional services involving a fiduciary relationship", have their name used by that entity, work on the board of that
444:
Title I requires those in the public service sector to fill out financial disclosure forms which include the sources and amounts of income, gifts, reimbursements, the identity and approximate value of property held and liabilities owed, transactions in property, commodities, and securities, and
524:. The Office of Government Ethics' director is appointed by the President, and approved by the Senate. The director is charged with providing direction on Executive Branch policies of disclosure, and collaborates with the Attorney General in investigations of ethics violations.
152:
An Act to establish certain
Federal agencies, effect certain reorganizations of the Federal Government, to implement certain reforms in the operation of the Federal Government and to preserve and promote the integrity of public officials and institutions, and for other
675:
percent of his public service income. This restriction applied only to "earned" income, while excluding investment income from stocks or bonds. About a half-dozen members of the House of
Representatives reportedly would not speak to the Speaker of the House,
679:, because he pushed the Act through. Their claim was that the Act favored people with "unearned" wealth, people who already had it, over people with "earned" additional income, usually with a law practice on the side. Democratic Representative
502:
Vote to repeal took place in 1989, and took effect
January 1, 1991. This title originally governed financial disclosure by executive branch officials, but disclosure rules for all three branches were later consolidated into the first title.
511:
Vote to repeal took place in 1989, and took effect
January 1, 1991. This title originally governed financial disclosure by judicial branch officials, but disclosure rules for all three branches were later consolidated into the first title.
431:
The Ethics in
Government Act of 1978 is organized into six titles. It created mandatory, public disclosure of financial, and employment history of public officials as well as their immediate families. It also created restrictions on
703:
was motivated by partisanship. The Office of Government Ethics created by Title IV has been criticized on the grounds that its limited budget, leadership and prestige are inadequate for the Office to function effectively.
582:
The special prosecutor can only be removed by impeachment and conviction by congress, or by the Attorney General for "substantial improprieties" or a physical or mental condition that affects performance.
691:
harassment of political opponents, even in cases that prosecutors stated they would have dropped in any other federal court. Republicans complained of abuse by Democrats during the Supreme Court case of
1066:
671:. He believed that the House of Representatives' investigation through the use of a special prosecutor " out of a bitter power dispute between the President and the Legislative Branch".
436:
efforts by public officials for a set period after leaving public office. Lastly, it created the United States Office of the Government Ethics to oversee the federal ethics program.
468:
The report must then be filed to the appropriate state officer of their state of residence, and the committee charged with issues of ethics in their respective house of Congress. The
445:
certain financial interests of a spouse or dependent. People that must file reports include, but are not limited to: the President, Vice President, employees and officers of the
649:
Justice Antonin Scalia provided critiques of the Act, based on both Constitutional law and the potential for harm in practice, in his dissenting opinion in the case
307:
613:
663:
granted consolidated power to enforce the law exclusively to the Executive Branch. The Act extended the power to initiate criminal investigation to the
864:
311:
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The Attorney General has the authority to declare anyone disqualified from participating in an investigation because of conflict of interest.
552:
575:, who serve three-year terms and choose the special prosecutor. The special prosecutor has the authority to send any information to the
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that he or she deems relevant and can provide counsel in issues that may call for impeachment of the person under investigation.
17:
81:
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Other critics complain that public disclosure involves a violation of privacy which may deter good people from public service.
664:
491:
732: with: Added content from cited source. This section provides newer information than the 1978 section.. You can help by
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88:
477:
473:
564:
548:
383:
892:
Carroll, James D.; Roberts, Robert N. (1988). ""if Men Were Angels": Assessing the Ethics in Government Act of 1978".
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249:
121:
70:
992:"When Impunity and Corruption Embrace: How the Past Becomes the Future in the Struggle Against Torture and Genocide"
839:
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465:, as well as judicial officers, such as Chief Justice, Associate Justices, appellate judges and district judges.
230:
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The Department of Justice is required to suspend all investigations within the realm of the special prosecutor.
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The bill increased length of prohibition of lobbying work in front of the agency from one to two years.
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entity, or teach without prior authorization by the appropriate government ethics department or figure.
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695:, and Democrats later complained that Kenneth Starr's three-and-a-half-year investigation of President
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551:. Title VI of The Act expired on June 30, 1999. It has been permanently replaced with
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confirmation must file with the Director of the Office of Government Ethics.
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These reports are available to the public shortly after they are submitted.
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can bring charges against anyone who falsifies information in the reports.
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865:"Blank Check; Ethics in Government: The Price of Good Intentions"
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Finally, it allows for judges to teach when not on active duty.
985:(Dissenting Opinion) – via Cornell University Law School.
1067:
United States federal government administration legislation
667:
and the Senate, which Scalia viewed as a violation of the
795:
687:
called the ethics climate of the time a "witch-hunt".
945:"The Independent Counsel Statute: A Premature Demise"
62:. Unsourced material may be challenged and removed.
959:
919:
284:in the Senate as "Public Official Integrity Act" (
207:
1048:
999:UC Davis Journal of International Law and Policy
792:"A Brief History of the Independent Counsel Law"
710:
250:5 U.S.C.: Government Organization and Employees
891:
772:or Stop Trading on Congressional Knowledge Act
347:on October 7, 1978 (cleared) and by the
966:(8th ed.). New York: Pearson Longman.
814:"A Reporter at Large: Congressional Ethics"
807:
805:
963:American Government: Continuity and Change
928:101–194: The Ethics Reform Act of 1989
862:
659:, a judicial conservative, noted that the
567:appoints a panel of three judges from the
341:Reported by the joint conference committee
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885:
480:, and nominees to positions that require
411:that was passed in the wake of the Nixon
122:Learn how and when to remove this message
989:
912:
837:
802:
789:
616:: vague phrasing that often accompanies
960:O'Conner, Karen; Sabato, Larry (2006).
329:on September 27, 1978 (in lieu of
14:
1049:
882:
863:Greenhouse, Linda (February 1, 1998).
665:United States House of Representatives
378:Courthouse Ethics and Transparency Act
943:Cook, Julian A. III (November 1999).
492:Attorney General of the United States
942:
811:
714:
596:
60:adding citations to reliable sources
31:
812:Drew, Elizabeth (August 22, 1977).
478:United States Department of Justice
24:
980:
936:
924:Tooltip Public Law (United States)
906:10.1111/j.1541-0072.1988.tb00592.x
565:Chief Justice of the United States
549:Title 28 of the United States Code
457:, each officer or employee of the
212:Tooltip Public Law (United States)
25:
1078:
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756:was introduced by Representative
1037:H.R. 1: Financial Disclosure Act
1017:Ethics in Government Act of 1978
840:"The Independent-Counsel Regime"
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601:
571:, one of which must be from the
402:Ethics in Government Act of 1978
174:Ethics in Government Act of 1978
140:
135:Ethics in Government Act of 1978
36:
1032:Statute Compilations collection
990:Iglesias, Elizabeth M. (2018).
838:Eastland, Terry (Summer 1990).
47:needs additional citations for
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1:
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711:The Ethics Reform Act of 1989
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463:Postal Regulatory Commission
459:United States Postal Service
7:
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522:Office of Government Ethics
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476:, counsel appointed to the
419:. It was intended to fight
384:United States Supreme Court
308:Senate Governmental Affairs
184:95th United States Congress
10:
1083:
790:Mokhiber, Jim (May 1998).
628:Such statements should be
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351:on October 12, 1978 (
71:"Ethics in Government Act"
1042:Original Text of 1978 law
754:Ethics Reform Act of 1989
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263:Title 5-Appendix - Ethics
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27:United States federal law
949:Brigham Young Law Review
569:Circuit Court of Appeals
555:, Chapter VI, Part 600.
701:Monica Lewinsky scandal
417:Saturday Night Massacre
345:agreed to by the Senate
319:on June 27, 1977 (
304:Committee consideration
18:Independent Counsel Act
894:Policy Studies Journal
577:United States Congress
520:Title IV created the
300:) on February 1, 1977
1057:1978 in American law
1027:) as amended in the
669:separation of powers
630:clarified or removed
573:District of Columbia
482:United States Senate
56:improve this article
983:"Morrison v. Olson"
845:The Public Interest
455:U.S. Postal Service
365:on October 26, 1978
271:Legislative history
136:
869:The New York Times
451:Postmaster General
134:
981:Scalia, Antonin.
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693:Morrison v. Olson
661:U.S. Constitution
652:Morrison v. Olson
647:
646:
547:Title VI amended
413:Watergate scandal
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392:Morrison v. Olson
343:on October 1978;
317:Passed the Senate
224:Statutes at Large
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614:weasel words
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685:Mississippi
677:Tip O'Neill
624:information
409:federal law
331:H.R. 1
286:S. 555
1051:Categories
1005:(1): 1–36.
777:References
655:. Justice
421:corruption
282:Introduced
203:Public law
149:Long title
82:newspapers
770:STOCK Act
758:Tom Foley
612:contains
593:Criticism
507:Title III
470:President
333:, passed
198:Citations
190:Effective
171:Nicknames
153:purposes.
112:July 2011
764:See also
543:Title VI
516:Title IV
498:Title II
434:lobbying
415:and the
229:92
159:Acronyms
1025:details
920:Pub. L.
699:in the
528:Title V
440:Title I
427:Summary
208:Pub. L.
96:scholar
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657:Scalia
618:biased
353:370–23
257:U.S.C.
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216:95–521
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852:: 68.
404:is a
386:cases
349:House
335:365–6
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231:Stat.
103:JSTOR
89:books
968:ISBN
953:1999
876:2012
825:2012
752:The
490:The
400:The
321:74–5
235:1824
182:the
166:EIGA
75:news
1029:GPO
1021:PDF
902:doi
850:100
796:PBS
736:.
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