Source
(Pub. L. 95–521, title I, § 101, Oct. 26, 1978, 92 Stat. 1824; Pub. L. 96–19, §§ 2(a)(1), (b), (c)(1),
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(b)(1), (d)–(f), 5, June 13, 1979, 93 Stat. 37, 38, 40; Pub. L. 101–194, title II, § 202, Nov. 30, 1989, 103 Stat. 1725; Pub. L. 101–280, § 3(1), (2), May 4, 1990, 104 Stat. 152; Pub. L. 102–25, title VI, § 605(a), Apr. 6, 1991, 105 Stat. 110; Pub. L. 102–378, § 4(a)(1), Oct. 2, 1992, 106 Stat. 1356; Pub. L. 109–435, title VI, § 604(c), Dec. 20, 2006, 120 Stat. 3241.)
References in Text
This Act, referred to in subsec. (b)(1), is
Pub. L. 95–521, Oct. 26, 1978,
92 Stat. 1824, as amended, known as the Ethics in Government Act of 1978. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Section 301 of the Federal Campaign Act of 1971, referred to in subsec. (c), probably means section 301 of the Federal Election Campaign Act of 1971,
Pub. L. 92–225, which is classified to section
431 of Title
2, The Congress.
The General Schedule, referred to in subsec. (f)(3), (6), is set out under section
5332 of this title.
Section 112 of the Internal Revenue Code of 1986, referred to in subsec. (g)(2), is classified to section
112 of Title
26, Internal Revenue Code.
Codification
Section was formerly classified to section
701 of Title
2, The Congress.
Amendments
2006—Subsec. (f)(6).
Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
1992—Subsec. (f)(3).
Pub. L. 102–378, § 4(a)(1)(A), substituted “who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule” for “whose position is classified at GS–16 or above of the General Schedule prescribed by section
5332 of title
5, United States Code, or the rate of basic pay for which is fixed (other than under the General Schedule) at a rate equal to or greater than the minimum rate of basic pay fixed for GS–16”.
Subsec. (f)(6).
Pub. L. 102–378, § 4(a)(1)(B), substituted “who occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule” for “whose basic rate of pay is equal to or greater than the minimum rate of basic pay fixed for GS–16”.
1991—Subsec. (g).
Pub. L. 102–25 designated existing provisions as par. (1) and added par. (2).
1990—Subsec. (e).
Pub. L. 101–280, § 3(2), struck out “the later of May 15 or” after “shall, on or before”.
Subsec. (h).
Pub. L. 101–280, § 3(1), struck out “of the United States” after “Judicial Conference”.
1989—
Pub. L. 101–194 substituted “Persons required to file” for “Legislative personnel financial disclosure” as section catchline and amended text generally, substituting subsecs. (a) to (i) relating to filing of financial disclosure reports by Federal personnel for former subsecs. (a) to (h) relating to filing of financial disclosure reports by legislative personnel.
1979—Subsec. (b).
Pub. L. 96–19, §§ 2(b),
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(d), (e), designated existing provisions as par. (1), substituted “described in subsection (e)” for “designated in subsection (e)” and “information described in section
102
(a) if such individual is or will be such an officer or employee on such May 15” for “information as described in section
102
(a)”, and added par. (2).
Subsec. (c).
Pub. L. 96–19, §§ 2(a)(1),
4
(d), (f), inserted provisions relating to an individual who is not reasonably expected to perform the duties of his office or position for more than sixty days in a calendar year and substituted “described” for “designated” and “, other than an individual who was employed in the legislative branch immediately before he assumed such position,” for “other than an individual employed in the legislative branch upon assuming such position”.
Subsec. (d).
Pub. L. 96–19, § 5, inserted provision that in any calendar year in which an individual continues to be a candidate for any office but all elections for such office relating to that candidacy were held in prior calendar years, that individual need not file a report unless he becomes a candidate for another vacancy in that office or another office during that year.
Subsec. (e).
Pub. L. 96–19, § 4(b)(1), inserted reference to the National Commission on Air Quality.
Subsec. (h).
Pub. L. 96–19, § 2(c)(1), added subsec. (h).
Effective Date of 1991 Amendment
Section 605(b) of
Pub. L. 102–25 provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to reports required to be filed after January 17, 1991.”
Effective Date of 1990 Amendment
Section 11 of
Pub. L. 101–280 provided that: “Except as otherwise provided in this joint resolution, this Act and the amendments made by this joint resolution [amending sections
101 to
106,
109 to
111, former section
202, and sections 501 to 503 of
Pub. L. 95–521, set out in this Appendix, sections
3393,
7351,
7353, and
7701 of this title, sections
31–1,
31–2, and
441i of Title
2, The Congress, sections
1601 and
2397a of Title
10, Armed Forces, sections
202,
203,
205,
207,
208, and
216 of Title
18, Crimes and Criminal Procedure, section
3945 of Title
22, Foreign Relations and Intercourse, section
1043 of Title
26, Internal Revenue Code, and sections
1353 and
3730 of Title
31, Money and Finance, renumbering section
1352 of Title
31 as section
1353, repealing section 112 of
Pub. L. 95–521, set out in this Appendix, enacting provisions set out as notes under sections 101 and 105 of
Pub. L. 95–521, set out in this Appendix, section
2397a of Title
10, and section
1043 of Title
26, and amending provisions set out as notes under section
207 and
208 of Title
18 and section
1344 of Title
31] take effect on the date of the enactment of this joint resolution [May 4, 1990].”
Effective Date of 1989 Amendment
Section 204 of title II of
Pub. L. 101–194, as added by
Pub. L. 101–280, § 3(10)(B), May 4, 1990,
104 Stat. 157, provided that: “The amendments made by this title [enacting sections 110 to 112 of
Pub. L. 95–521, set out in this Appendix amending sections 101 to 109 of
Pub. L. 95–521, set out in this Appendix, but formerly classified to sections
701 to
709 of Title
2, The Congress] and the repeal made by section
201 [repealing sections 201 to 212 of
Pub. L. 95–521, formerly set out under the heading Executive Personnel Financial Disclosure Requirements in this Appendix, and sections 301 to 309 of
Pub. L. 95–521, formerly set out under the heading Judicial Personnel Financial Disclosure Requirements in the Appendix to Title 28, Judiciary and Judicial Procedure] shall take effect on January 1, 1991, except that the provisions of section 102(f)(4)(B) of the Ethics in Government Act of 1978 [section 102(f)(4)(B) of
Pub. L. 95–521, set out in this Appendix], as amended by this title, shall be effective as of January 1, 1990.”
Section 3(10)(C), (D) of
Pub. L. 101–280 provided that:
“(C) The provisions of titles I [formerly classified to section
701 et seq. of Title 2, The Congress], II [formerly set out under the heading Executive Personnel Financial Disclosure Requirements in this Appendix], and III [formerly set out under the heading Judicial Personnel Financial Disclosure Requirements in the Appendix to Title 28, Judiciary and Judicial Procedure] of the Ethics in Government Act of 1978 [
Pub. L. 95–521], as in effect on the day before the date of the enactment of the Ethics Reform Act of 1989 [Nov. 30, 1989], shall be effective for the period beginning on November 30, 1989, and ending on January 1, 1991, as if the Ethics Reform Act of 1989 [
Pub. L. 101–194] had not been enacted, except that the provisions of section 202(f)(4)(B) of the Ethics in Government Act of 1978 [section 202(f)(4)(B) of
Pub. L. 95–521] shall be repealed as of January 1, 1990.
“(D) Nothing in title II of the Ethics Reform Act of 1989 or the amendments made by such title [title II of
Pub. L. 101–194, amending title I of
Pub. L. 95–521, set out in this Appendix, but formerly classified to sections
701 to
709 of Title
2, and repealing title II of
Pub. L. 95–521, formerly set out in this Appendix, and title III of
Pub. L. 95–521, formerly set out in the Appendix to Title 28] shall be construed to prevent the prosecution of civil actions against individuals for violations of the Ethics in Government Act of 1978 [
Pub. L. 95–521] before January 1, 1991.”
Short Title of 2002 Amendment
Pub. L. 107–119, § 1, Jan. 15, 2002,
115 Stat. 2382, provided that: “This Act [amending section 405 of
Pub. L. 95–521, set out in this Appendix] may be cited as the ‘Office of Government Ethics Authorization Act of 2001’.”
Short Title of 1996 Amendment
Pub. L. 104–179, § 1, Aug. 6, 1996,
110 Stat. 1566, provided that: “This Act [amending sections 401, 403, 405, and 408 of
Pub. L. 95–521, set out in this Appendix, section
1822 of Title
12, Banks and Banking, and section
207 of Title
18, Crimes and Criminal Procedure, and repealing provisions set out as a note under section
7301 of this title] may be cited as the ‘Office of Government Ethics Authorization Act of 1996’.”
Short Title of 1992 Amendment
Pub. L. 102–506, § 1, Oct. 24, 1992,
106 Stat. 3280, provided that: “This Act [amending section 405 of
Pub. L. 95–521 set out in this Appendix] may be cited as the ‘Office of Government Ethics Amendment of 1992’.”
Short Title of 1990 Amendment
Pub. L. 101–334, § 1, July 16, 1990,
104 Stat. 318, provided that: “This Act [amending section 405 of
Pub. L. 95–521 set out in this Appendix] may be cited as the ‘Ethics in Government Act Amendment of 1990’.”
Short Title of 1989 Amendment
Section 1 of
Pub. L. 101–194 provided that: “This Act [see Tables for classification] may be cited as the ‘Ethics Reform Act of 1989’.”
Short Title
Section 1 of
Pub. L. 95–521 provided: “That this Act [enacting provisions set out in this Appendix, sections
118a,
288 to
288m of Title
2, The Congress, sections
49,
528,
529,
591 to
598,
1364 of Title
28, Judiciary and Judicial Procedure, amending section
5316 of Title
5, Government Organization and Employees, section
207 of Title
18, Crimes and Criminal Procedure, and sections
3210,
3216, and
3219 of Title
39, Postal Service, and enacting provisions set out as notes under section 288 of Title
2, section
207 of Title 18, and section
591 of Title
28] may be cited as the ‘Ethics in Government Act of 1978’.”
Declaration of Purpose of 1990 Amendments
Section 1 of
Pub. L. 101–280 provided that: “It is the purpose of this joint resolution to make technical corrections in the Ethics Reform Act of 1989 [
Pub. L. 101–194, see Tables for classification].”
Rulemaking Power of Congress
Pub. L. 102–90, title III, § 314(f), Aug. 14, 1991,
105 Stat. 470, provided that: “The provisions of this section [amending sections 102 and 505 of
Pub. L. 95–521, set out in this Appendix, section
31–2 of Title
2, The Congress, and section
7701 of Title
26, Internal Revenue Code, and enacting provisions set out as a note under section
31–2 of Title
2] that are applicable to Members, officers, or employees of the legislative branch are enacted by the Congress—
“(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”
Section 1001 of
Pub. L. 101–194 provided that: “The provisions of this Act [see Short Title of 1989 Amendment note above] that are applicable to Members, officers, or employees of the legislative branch are enacted by the Congress—
“(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”