Ethics in Government Act
Encyclopedia
The Ethics in Government Act of 1978 is a United States
federal law
that was passed in the wake of the Nixon Watergate scandal
and the Saturday Night Massacre
. It created mandatory, public disclosure of financial and employment history of public officials and their immediate family. It also created restrictions on lobbying
efforts by public officials for a set period of time after leaving public office. Lastly, it created the U.S. Office of Independent Counsel, that’s purpose is to investigate government officials.
The report must then be filed to the appropriate state officer of his or her state, and the committee charged with issues of ethics in his or her respective house of Congress. The President
, Vice President
, counsel appointed to the United States Department of Justice
, and nominees to positions that require United States Senate
confirmation must file with the Director of the Office of Government Ethics.
People that must file reports include, but are not limited to: the President, Vice President, employees and officers of the Executive Branch, Postmaster General
, the Deputy Postmaster General, each Governor of the Board of Governors of the U.S. Postal Service and each officer or employee of the United States Postal Service
or Postal Regulatory Commission.
Disclosure must also be made available to the public shortly after they are submitted.
The Attorney General of the United States can bring charges against anyone who falsifies information in the reports.
It increased length of prohibition of lobbying work in front of the agency that he or she was employed by from one to two years.
Finally, it allows for judges to teach when not on active duty.
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 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.
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 wherein the Chief Justice of the United States
appoints a panel of three judges from the Circuit Court of Appeals, one of which must be from the District of Columbia, who serve three-year terms and choose the special prosecutor. The special prosecutor has the authority to send any information to the United States Congress
that he or she deems relevant and can provide counsel in issues that may call for impeachment of the person under investigation.
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.
The Department of Justice is required to suspend all investigations within the realm of the special prosecutor.
The Attorney General has the authority to declare anyone disqualified from participating in an investigation because of conflict of interest.
and a variety of other scandals on the national level. It was the first time in U.S. history when misconduct was a dominant narrative in the mainstream press. After passing a pay-raise for itself, Congress felt it needed to placate the public with the Ethics in Government Act.
When passed, the bill’s most controversial feature among Congressmen was its limit on outside income, which could be no more than 15 percent of his public service income. Said restriction did not limit stocks or bonds. It was even said that there were about a half-dozen Representatives who would not speak to the Speaker of the House, Tip O'Neill
, 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. Representative David Bowen (D-MS) called the ethics climate of the time a “witch-hunt.”
The critique most often cited by opponents of the Act is Justice Antonin Scalia’s dissenting opinion in the case Morrison v. Oslon. Justice Scalia took a position as a constitutional conservative, citing that the U.S. Constitution gave consolidated power to enforce the law to the Executive Branch, while splitting the power to legislate between the United States House of Representatives
and the Senate, and that Legislative Branch’s ability to start an investigation was a breach of the separation of powers
. He believed that the House of Representatives’ investigation through the use of a special prosecutor “[arose] out of a bitter power dispute between the President and the Legislative Branch.”
The most basic criticism of the Ethics in Government Act has been that it repels good people because of its excessive levels of disclosure.
Another concern is the power of the special prosecutor who is required to pursue accusations that the District Attorney couldn’t disprove, allowing for legal harassment in cases many prosecutors say they would have thrown out were it not required for them to follow up on the accusations. It was a critique often cited by Republicans during the Supreme Court case of Morrison v. Olson, and then became popular among Democrats during Kenneth Starr’s three and a half year investigation of President Bill Clinton
in the Monica Lewinsky scandal.
The effectiveness of the Office of Government Ethics is often questioned, especially as to whether it could develop and enforce regulation with limited budget, leadership and prestige.
Many complain public disclosure is a violation of privacy.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
that was passed in the wake of the Nixon Watergate scandal
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
and the Saturday Night Massacre
Saturday night massacre
The "Saturday Night Massacre" was the term given by political commentators to U.S. President Richard Nixon's executive dismissal of independent special prosecutor Archibald Cox, and the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus on October 20,...
. It created mandatory, public disclosure of financial and employment history of public officials and their immediate family. It also created restrictions on lobbying
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
efforts by public officials for a set period of time after leaving public office. Lastly, it created the U.S. Office of Independent Counsel, that’s purpose is to investigate government officials.
Title I
Title I Requires men and women 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 certain financial interests of a spouse or dependent.The report must then be filed to the appropriate state officer of his or her state, and the committee charged with issues of ethics in his or her respective house of Congress. The President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, Vice President
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
, counsel appointed to the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
, and nominees to positions that require United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
confirmation must file with the Director of the Office of Government Ethics.
People that must file reports include, but are not limited to: the President, Vice President, employees and officers of the Executive Branch, Postmaster General
United States Postmaster General
The United States Postmaster General is the Chief Executive Officer of the United States Postal Service. The office, in one form or another, is older than both the United States Constitution and the United States Declaration of Independence...
, the Deputy Postmaster General, each Governor of the Board of Governors of the U.S. Postal Service and each officer or employee of the United States Postal Service
United States Postal Service
The United States Postal Service is an independent agency of the United States government responsible for providing postal service in the United States...
or Postal Regulatory Commission.
Disclosure must also be made available to the public shortly after they are submitted.
The Attorney General of the United States can bring charges against anyone who falsifies information in the reports.
Title IV
Title IV created the Office of Government Ethics. The Office of Government Ethic’s director is appointed by the President, and approved by the Senate. He or she is charged with providing direction on Executive Branch policies of disclosure, and collaborates with the Attorney General in investigations of ethics violations.Title V
Title V restricts outside employment on people making above 120 thousand dollars a year with adjustment for location as of 2011. He or she cannot be employed by an “entity which provides professional services involving a fiduciary relationship,” have his or her name used by that entity, work on the board of that entity, or teach without prior authorization by the appropriate government ethics department or figure.It increased length of prohibition of lobbying work in front of the agency that he or she was employed by from one to two years.
Finally, it allows for judges to teach when not on active duty.
Title VI
Title VI amended Title 28 of the U.S. Code.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 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.
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 wherein the Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
appoints a panel of three judges from the Circuit Court of Appeals, one of which must be from the District of Columbia, who serve three-year terms and choose the special prosecutor. The special prosecutor has the authority to send any information to the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
that he or she deems relevant and can provide counsel in issues that may call for impeachment of the person under investigation.
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.
The Department of Justice is required to suspend all investigations within the realm of the special prosecutor.
The Attorney General has the authority to declare anyone disqualified from participating in an investigation because of conflict of interest.
Criticism
The most adamant critics of the Ethics in Government Act were the congressmen who passed it. It was said that if it had been an anonymous vote, it would have been voted down two-to-one. The Act was passed shortly after the Impeachment of Richard Nixon, the Saturday Night MassacreSaturday night massacre
The "Saturday Night Massacre" was the term given by political commentators to U.S. President Richard Nixon's executive dismissal of independent special prosecutor Archibald Cox, and the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus on October 20,...
and a variety of other scandals on the national level. It was the first time in U.S. history when misconduct was a dominant narrative in the mainstream press. After passing a pay-raise for itself, Congress felt it needed to placate the public with the Ethics in Government Act.
When passed, the bill’s most controversial feature among Congressmen was its limit on outside income, which could be no more than 15 percent of his public service income. Said restriction did not limit stocks or bonds. It was even said that there were about a half-dozen Representatives who would not speak to the Speaker of the House, Tip O'Neill
Tip O'Neill
Thomas Phillip "Tip" O'Neill, Jr. was an American politician. O'Neill was an outspoken liberal Democrat and influential member of the U.S. Congress, serving in the House of Representatives for 34 years and representing two congressional districts in Massachusetts...
, 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. Representative David Bowen (D-MS) called the ethics climate of the time a “witch-hunt.”
The critique most often cited by opponents of the Act is Justice Antonin Scalia’s dissenting opinion in the case Morrison v. Oslon. Justice Scalia took a position as a constitutional conservative, citing that the U.S. Constitution gave consolidated power to enforce the law to the Executive Branch, while splitting the power to legislate between the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and the Senate, and that Legislative Branch’s ability to start an investigation was a breach of the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. He believed that the House of Representatives’ investigation through the use of a special prosecutor “[arose] out of a bitter power dispute between the President and the Legislative Branch.”
The most basic criticism of the Ethics in Government Act has been that it repels good people because of its excessive levels of disclosure.
Another concern is the power of the special prosecutor who is required to pursue accusations that the District Attorney couldn’t disprove, allowing for legal harassment in cases many prosecutors say they would have thrown out were it not required for them to follow up on the accusations. It was a critique often cited by Republicans during the Supreme Court case of Morrison v. Olson, and then became popular among Democrats during Kenneth Starr’s three and a half year investigation of President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
in the Monica Lewinsky scandal.
The effectiveness of the Office of Government Ethics is often questioned, especially as to whether it could develop and enforce regulation with limited budget, leadership and prestige.
Many complain public disclosure is a violation of privacy.
Further reading
- Carroll, James D. "If Men Were Angels: Assessing Ethics in the Government Act of 1978". Policy Studies Journal. 17:2 (1988/1989:Winter). p. 435.
- Eastland, Terry. "The Independent-Counsel Regime". Public Interest. 100 (1990:Summer) p. 68
- Greenhouse, Linda. "Blank Check; Ethics in Government: The Price of Good Intentions. The New York Times. Feb. 1, 1998. Print. Blank Check; Ethics in Government: The Price of Good Intentions - New York Times
- O'Conner, Karen and Larry Sabato. American Government: Continuity and Change. 8th. ed. New York: Pearson Longman, 2006. ISBN 0-321-20918-4
- "Reporter at Large: Congressional Ethics." The New Yorker 22 Aug. 1977. The New Yorker. p. 71-81 Web. The New Yorker Digital Edition : Aug 22, 1977
- Scalia, Antonin. "Morrison v. Olson: Dissenting Opinion". Cornell University Law School. Morrison v. Olson