101st CONGRESS
1st Session
H. R. 3660
AMENDMENTS
HR 3660 EAS
In the Senate of the United States,
November 17 (legislative day, November 6), 1989.
Resolved, That the bill from the House of Representatives (H.R. 3660)
entitled `An Act to amend the Rules of the House of Representatives and
the Ethics in Government Act of 1978 to provide for government-wide ethics
reform, and for other purposes', do pass with the following
AMENDMENTS:
( 1 ) Page 2, strike out lines 1 to 4, and insert:

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This Act may be cited as the `Ethics Reform Act of 1989'.

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TITLE I

-POST EMPLOYMENT RESTRICTIONS ON THE EXECUTIVE AND LEGISLATIVE BRANCHES

(a) IN GENERAL- Subject to subsection (b), the amendments made by section
101 take effect on January 1, 1991.
(b) EFFECT ON EMPLOYMENT- (1) The amendments made by section 101 apply only
to persons whose service as a Member of Congress or an officer or employee
to which such amendments apply terminates on or after the effective date
of such amendments.
(2) With respect to service as an officer or employee which terminates before
the effective date set forth in subsection (a), section 207 of title 18,
United States Code, as in effect at the time of the termination of such
service, shall continue to apply, on and after such effective date, with
respect to such service.

6a97a7b2b6c90c622a498619521181f5cea0db5d45e901ab9e027898391f61aa

Titles II and III of the Ethics in Government Act of 1978 (5 U.S.C. App.;
28 U.S.C. App.) are repealed.

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TITLE II

-FINANCIAL DISCLOSURE OF FEDERAL PERSONNEL

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(a) ESTABLISHMENT- There shall be established an advisory commission to
study the best means of simplifying the Presidential appointment process,
in particular by reducing the number and complexity of forms to be completed
by nominees. The Commission shall be known as the President's Commission
on the Federal Appointment Process.
(b) MEMBERSHIP- The Commission shall be composed of 14 members from among
officers and employees of the three branches of the Federal Government. Eight
members shall be appointed by the President, two members shall be appointed
by the majority leader of the Senate, two members shall be appointed by
the minority leader of the Senate, one member shall be appointed by the
Speaker of the House, and one member shall be appointed by the minority
leader of the House. Any vacancy on the Commission shall be filled in the
same manner as the initial appointment.
(c) REPORT- The Commission shall present its report to the President no
later than ninety days after its first meeting. The Commission shall cease
to exist upon submission of its report.

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Section 7351 of title 5, United States Code, is amended by--
(1) adding `(a)' before `An employee may not'; and
(2) striking the final sentence and inserting the following:
`(b) An employee who violates this section shall be subject to appropriate
disciplinary action by the employing agency or entity.
`(c) The Office of Government Ethics is authorized to issue regulations
implementing this section, including regulations exempting voluntary gifts
or contributions that are given or received for special occasions such as
marriage or retirement or under other similar circumstances.'.

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TITLE III

-GIFTS AND TRAVEL

(a) Subchapter III of chapter 13 of subtitle 2 of title 31, United States
Code is amended by adding at the end thereof the following:
` 1352. Travel acceptance authority
`(a) Notwithstanding any other provision of law, the Administrator of
General Services, in consultation with the Director of the Office of
Government Ethics, shall prescribe by regulation the conditions under
which an agency or employee in the executive branch may accept payment
from non-Federal sources for travel, subsistence, and related expenses
with respect to attendance of the employee (or the spouse of such employee)
at any meeting or similar function relating to the official duties of the
employee. Any cash payment so accepted shall be credited to the appropriation
applicable to such expenses. In the case of a payment in kind so accepted,
a pro rata reduction shall be made in any entitlement of the employee to
payment from the Government for such expenses.
`(b) Except as provided in this section or section 4111 of title 5, an
agency or employee may not accept payment for expenses referred to in
subsection (a). An employee who accepts any payment in violation of the
preceding sentence--
`(1) may be required, in addition to any penalty provided by law, to repay,
for deposit in the general fund of the Treasury, an amount equal to the
amount of the payment so accepted; and
`(2) in the case of a repayment under paragraph (1) shall not be entitled
to any payment from the Government for such expenses.
`(c) As used in this section--
`(1) the term `executive branch' means any executive agency (as such term
is defined in section 105 of title 5); and
`(2) the term `employee in the executive branch' means--
`(A) an appointed officer or employee in the executive branch; and
`(B) an expert or consultant in the executive branch, under section 3109
of title 5; and
`(3) the term `payment' means a payment or reimbursement, in cash or
in kind.'.
`(d)(1) Each executive branch agency which accepts payment or reimbursement
under this section shall report to the Office of Government Ethics the
amount of each payment or reimbursement received in excess of $250, the
names of the payor and the employees involved, the date and places of the
travel, and the nature of the expenses paid or reimbursed.
`(2) The reports required by paragraph (1) shall be transmitted to the
Office of Government Ethics on October 1 and April 1 of each year and shall
cover payments and reimbursements received in the previous 6 months. The
Office of Government Ethics shall make each such report available for
public inspection and copying.'.
(b) CLERICAL AMENDMENT- The table of sections for subchapter III of chapter
13 of title 31, United States Code, is amended by adding at the end the
following new item:
`1352. Acceptance of travel and related expenses from non-Federal sources.'.

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(a) IN GENERAL- Subchapter V of chapter 73 of title 5, United States Code,
is amended by adding at the end thereof the following new section:
`Sec. 7353. Gifts to Federal employees
`(a) Except as permitted by subsection (b), no Member of Congress or officer
or employee of the executive, legislative, or the judicial branches shall
solicit or accept anything of value from a person--
`(1) seeking official action from, doing business with, or (in the case of
executive branch officers and employees) conducting activities regulated
by the individual's employing agency; or
`(2) whose interests may be substantially affected by the performance or
nonperformance of the individual's official duties.
`(b)(1) Each supervising ethics office is authorized to issue rules or
regulations implementing the provisions of this section and providing for
such reasonable exceptions as may be appropriate.
`(2)(A) Subject to subparagraph (B), a Member, officer, or employee
may accept a gift pursuant to rules or regulations established by such
individual's supervising ethics office pursuant to paragraph (1).
`(B) No gift may be accepted pursuant to subparagraph (A) in return for
being influenced in the performance of any official act.
`(3) Nothing in this section precludes a Member, officer, or employee from
accepting gifts on behalf of the United States Government or any of its
agencies in accordance with statutory authority.
`(c) An employee who violates this section shall be subject to appropriate
disciplinary and other remedial action in accordance with any applicable
laws, Executive orders, and rules or regulations.
`(d) For purposes of this section--
`(1) the term `supervising ethics office' means--
`(A) the Committee on Standards of Official Conduct of the House of
Representatives or the House of Representatives as a whole, for Members,
officers, and employees of the House of Representatives;
`(B) the Select Committee on Ethics of the Senate, or the Senate as a whole,
for Senators, officers and employees of the Senate;
`(C) the Judicial Conference of the United States for judges and judicial
branch officers and employees;
`(D) the Office of Government Ethics for all executive branch officers
and employees; and
`(E) the ethics committee with which the officer or employee is required
to file financial disclosure forms, for all legislative branch officers
and employees other than those specified in subparagraphs (A) and (B),
except that such authority may be delegated; and
`(2) the term `officer or employee' means an individual holding an appointive
or elective position in the executive, legislative, or judicial branch of
Government, other than a Member of Congress.
(b) AMENDMENT TO TABLE OF CONTENTS- The table of contents for chapter 73
of title 5, United States Code, is amended by inserting after the item
relating to section 7352 the following new item:
`7353. Gifts to Federal employees.'.

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Section 202 of title 18, United States Code, is amended by adding at the
end thereof the following new subsections:
`(c) Except as otherwise provided in such sections, the terms `officer'
and `employee' in sections 203, 205, 207, 208 and 209 of this title, mean
those individuals defined in sections 2104 and 2105 of title 5. The terms
`officer' and `employee' shall not include the President, the Vice President,
a Member of Congress or a Federal judge.
`(d) The term `Member of Congress' in sections 204 and 207 shall include:
`(1) a United States Senator; and
`(2) a Representative in, or a Delegate or Resident Commissioner to,
the House of Representatives.
`(e) As used in this chapter, the term--
`(1) `executive branch' means any executive agency as defined in title 5,
United States Code, and any other entity or administrative unit in the
executive branch;
`(2) `judicial branch' means the Supreme Court of the United States;
the United States courts of appeals; the United States district courts;
the Court of International Trade; the United States bankruptcy courts;
any court created pursuant to article I of the United States Constitution,
including the Court of Military Appeals, the United States Claims Court,
and the United States Tax Court, but not including a court of a territory
or possession of the United States; the Federal Judicial Center; and any
other agency, office, or entity in the judicial branch; and
`(3) `legislative branch' means--
`(A) a Member of the Congress or any officer or employee of the United
States Senate or United States House of Representatives; and
`(B) an officer or employee of the Architect of the Capitol, the United
States Botanic Garden, the General Accounting Office, the Government
Printing Office, the Library of Congress, the Office of Technology
Assessment, the Congressional Budget Office, the United States Capitol
Police, and any other agency, entity, office, or commission established
in the legislative branch.'.

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TITLE IV

-AMENDMENTS TO TITLE 18 OF THE UNITED STATES CODE

Section 203 of title 18, United States Code, is amended by--
(1) striking `services' the first time it appears in subsection (a)(1) and
inserting `representational services, as agent or attorney or otherwise,';
(2) inserting `court' after `department, agency' in subsection (a)(1);
(3) striking `shall be fined under this title or imprisoned for not more than
two years, or both; and shall be incapable of holding any office of honor,
trust, or profit under the United States' in subsection (a) and inserting
`shall be subject to the penalties set forth in section 216 of this title';
(4) inserting `representational' before `services' in subsection (a)(2);
(5) inserting `Member Elect,' after `Member,' in subsection (a)(2);
(6) inserting `Delegate Elect,' after `Delegate,' in subsection (a)(2);
(7) striking `including the District of Columbia' in subsection (a)(1)(B);
(8) redesignating subsection (b) as subsection (c);
(9) striking `or' at the end of subsection (a) and adding the following
new paragraph (b):
`(b) Whoever, otherwise than as provided by law for the proper discharge
of official duties, directly or indirectly--
`(1) demands, seeks, receives, accepts, or agrees to receive or accept
any compensation for any services, as agent or attorney or otherwise
rendered or to be rendered either personally or by another, at a time
when such person is an officer or employee of the District of Columbia,
in relation to any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation, arrest,
or other particular matter in which the District of Columbia is a party
or has a direct and substantial interest, before any department, agency,
court, officer, or commission; or
`(2) knowingly gives, promises, or offers any compensation for any such
services rendered or to be rendered at a time when the person to whom
the compensation is given, promised, or offered, is or was an officer or
employee of the District of Columbia;
shall be subject to the penalties set forth in section 216 of this title'.
(10) adding at the end the following:
`(d) Nothing in this section prevents an officer or employee, including a
special Government employee, from acting, with or without compensation,
as agent or attorney for or otherwise representing his parents, spouse,
child, or any person for whom, or for any estate for which, he is serving
as guardian, executor, administrator, trustee, or other personal fiduciary
except--
`(1) in those matters in which he has participated personally and
substantially as a Government employee, through decision, approval,
disapproval, recommendation, the rendering of advice, investigation,
or otherwise; or
`(2) in those matters that are the subject of his official responsibility,
subject to approval by the Government official responsible for appointment
to his position.
`(e) Nothing in this section prevents a special Government employee from
acting as agent or attorney for another person in the performance of work
under a grant by, or a contract with or for the benefit of, the United
States provided that the head of the department or agency concerned with
the grant or contract shall certify in writing that the national interest
so requires and publishes such certification in the Federal Register.'.

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Section 204 of title 18, United States Code, is amended to read as follows:
`Sec. 204. Practice in United States Claims Court or the United States Court
of Appeals for the Federal Circuit by Members of Congress
`Whoever, being a Member of Congress or Member of Congress Elect, practices
in the United States Claims Court or the United States Court of Appeals
for the Federal Circuit shall be subject to the penalties set forth in
section 216 of this title.'.

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Section 205 of title 18, United States Code, is amended to read as follows:
`Sec. 205. Activities of officers and employees in claims against and other
matters affecting the Government
`(a) Whoever, being an officer or employee of the United States in the
executive, legislative, or judicial branch of the Government or in any
agency of the United States, other than in the proper discharge of his
official duties--
`(1) acts as agent or attorney for prosecuting any claim against the United
States, or receives any gratuity, or any share of or interest in any such
claim, in consideration of assistance in the prosecution of such claim; or
`(2) acts as agent or attorney for anyone before any department, agency,
court, court-martial, officer, or any civil, military, or naval commission
in connection with any covered matter in which the United States is a
party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this title.
`(b) Whoever, being an officer or employee of the District of Columbia
or an officer or employee of the Office of the United States Attorney
for the District of Columbia, otherwise than in the proper discharge of
official duties--
`(1) acts as agent or attorney for prosecuting any claim against the
District of Columbia, or receives any gratuity, or any share of or interest
in any such claim in consideration of assistance in the prosecution of
such claim; or
`(2) acts as agent or attorney for anyone before any department, agency,
court, officer, or any commission in connection with any covered matter in
which the District of Columbia is a party or has a direct and substantial
interest;
shall be subject to the penalties set forth in section 216 of this title.
`(c) A special Government employee shall be subject to subsections (a)
and (b) only in relation to a covered matter involving a specific party
or parties--
`(1) in which he has at any time participated personally and substantially
as a Government employee or special Government employee through decision,
approval, disapproval, recommendation, the rendering of advice, investigation
or otherwise; or
`(2) which is pending in the department or agency of the Government in
which he is serving.
Paragraph (2) shall not apply in the case of a special Government employee
who has served in such department or agency no more than sixty days during the
immediately preceding period of three hundred and sixty-five consecutive days.
`(d) Nothing in subsection (a) or (b) prevents an officer of employee, if
not inconsistent with the faithful performance of his duties, from acting
without compensation as agent or attorney for, or otherwise representing,
any person who is the subject of disciplinary, loyalty, or other personnel
administration proceedings in connection with those proceedings.
`(e) Nothing in subsection (a) or (b) prevents an officer or employee,
including a special Government employee, from acting, with or without
compensation, as agent or attorney for, or otherwise representing, his
parents, spouse, child, or any person for whom, or for any estate for
which, he is serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
`(1) in those matters in which he has participated personally and
substantially as a Government employee or special Government employee
through decision, approval, disapproval, recommendation, the rendering of
advice, investigation or otherwise, or
`(2) in those matters which are the subject of his official responsibility,
subject to approval by the Government official responsible for appointment
to his position.
`(f) Nothing in subsection (a) or (b) prevents a special Government employee
from acting as agent or attorney for another person in the performance of
work under a grant by, or a contract with or for the benefit of the United
States provided that the head of the department or agency concerned with
the grant or contract shall certify in writing that the national interest
so requires and publishes such certification in the Federal Register.
`(g) Nothing in this section prevents an officer or employee from giving
testimony under oath or from making statements required to be made under
penalty for perjury or contempt.
`(h) For the purpose of this section, the term `covered matter' means
any judicial or other proceeding, application, request for a ruling or
other determination, contract, claim, controversy, investigation, charge,
accusation, arrest or other particular matter.'.

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Section 208 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting `or' after `United States Government,';
(B) by inserting `an officer or employee' before `of the District of
Columbia';
(C) by striking `partner' and inserting `general partner'; and
(D) by striking `Shall be fined not more than $10,000, or imprisoned not
more than two years, or both.' and inserting `Shall be subject to the
penalties set forth in section 216 of this title.'; and
(2) in subsection (b)--
(A) by striking `or' at the end of clause (1);
(B) by inserting after `general rule or regulation' in clause (2) the
following: `issued by the Office of Government Ethics applicable to all
or a portion of the officers or employees covered by this section and'; and
(C) by striking `services. In' and all that follows through appointment.' and
inserting the following: `(3) in the case of a special Government employee
serving on an advisory committee within the meaning of the Federal Advisory
Committee Act, (5 U.S.C. App. 2) (including an individual being considered
for an appointment to such a position), the official responsible for the
employee's appointment, after review of a financial disclosure report
filed pursuant to section 107 of the Ethics in Government Act, as amended,
certifies in writing that the need for the individual's services outweighs
the potential for a conflict of interest created by the financial interest
involved; or `(4) the financial interest that would be affected by the
particular matter involved is that resulting solely from the interest of the
officer or employee, or his or her spouse or minor child, in birthrights--
`(A) in a Indian tribe, band, nation, or other organized group or community,
including any Alaska Native village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act, which is recognized
as eligible for the special programs and services provided by the United
States to Indians because of their status as Indians,
`(B) in an Indian allotment the title to which is held in trust by the
United States or which is inalienable by the allottee without the consent
of the United States, or
`(C) in an Indian claims fund held in trust or administered by the United
States,
if the particular matter does not involve the Indian allottment or claims
fund or the Indian tribe, band, nation, organized group or community, Alaska
Native village corporation as a specific party or parties.
`(c)(1) For the purpose of paragraph (1) of subsection (b), in the case of
class A and B directors of Federal Reserve Banks, the Board of Governors
of the Federal Reserve System shall be deemed the Government official
responsible for appointment.
`(2) The potential availability of an exemption under any particular
paragraph of subsection (b) does not preclude an exemption being granted
pursuant to another paragraph of subsection (b).
`(d)(1) A copy of any determination by other than the Director of the
Office of Government Ethics granting an exemption pursuant to subsection
(b)(1) or (b)(3) shall be submitted to the Director, who shall make
all determinations available to the public pursuant to section 105 of
the Ethics in Government Act of 1978. For determinations pursuant to
subsection (b)(3), the information from the financial disclosure report
of the officer or employee involved describing the asset or assets that
necessitated the waiver shall also be made available to the public. This
subsection shall not apply, however, if the head of the agency or his or
her designee determines that the determination under subsection (b)(1) or
(b)(3), as the case may be, involves classified information.
`(2) The Office of Government Ethics, after consultation with the Attorney
General, shall issue uniform regulations for the issuance of waivers and
exemptions under subsection (b) which shall--
`(A) list and describe exemptions; and
`(B) provide guidance with respect to the types of interests that are
not so substantial as to be deemed likely to affect the integrity of the
services the Government may expect from the employee.

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Section 209(a) of title 18, United States Code, is amended by striking
`Shall be fined not more than $5,000 or imprisoned not more than one year,
or both.' and inserting `shall be subject to the penalties set forth in
section 216 of this title.'.

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(a) IN GENERAL- Chapter 11 of title 18, United States Code, is amended by
adding the following new section:
`Sec. 216. Penalties and injunctions
`(a) The punishment for an offense under sections 203, 204, 205, 207, 208,
and 209 of this title is the following:
`(1) Whoever engages in the conduct constituting the offense shall be
imprisoned for not more than one year or fined in the amount set forth in
this title, or both.
`(2) Whoever willfully engages in the conduct constituting the offense
shall be imprisoned for not more than five years or fined in the amount
set forth in this title, or both.
`(b) The Attorney General may bring a civil action in the appropriate United
States district court against any person who engages in conduct constituting
an offense under sections 203, 204, 205, 207, 208, and 209 of this title
and, upon proof of such conduct by a preponderance of the evidence, such
person shall be subject to a civil penalty of not more than $50,000 for
each violation or the amount of compensation which the person received
or offered for the prohibited conduct, whichever amount is greater. The
imposition of a civil penalty under this subsection does not preclude any
other criminal or civil statutory, common law, or administrative remedy,
which is available by law to the United States or any other person.
`(c) If the Attorney General has reason to believe that a person is engaging
in conduct constituting an offense under section 203, 204, 205, 207, 208,
or 209 of this title, the Attorney General may petition an appropriate
United States district court for an order prohibiting that person from
engaging in such conduct. The court may issue an order prohibiting that
person from engaging in such conduct if the court finds that the conduct
constitutes such an offense. The filing of a petition under this section
does not preclude any other remedy which is available by law to the United
States or any other person.'.
(c) TABLE OF SECTIONS- The table of sections at the beginning of chapter
11 of title 18, United States Code, is amended by inserting after the item
relating to section 215 the following:
`216. Penalties and injunctions.

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THE GENERAL ACCOUNTING OFFICE FOR INVESTIGATION.
If the Committee on Ethics of the Senate determines that there is a
reasonable basis to believe that a Member, officer, or employee of the
Senate may have committed an ethics violation, the committee may request
the Office of Special Investigations of the General Accounting Office to
conduct factfinding and an investigation into the matter. The Office of
Special Investigations shall promptly investigate the matter as directed
by the committee.

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TITLE V

-OTHER ETHICS REFORMS

REQUIREMENTS.
(a) GENERAL RULE- Part III of subchapter O of chapter 1 of the Internal
Revenue Code of 1986 (relating to common nontaxable exchanges) is amended
by adding at the end thereof the following new section:
`SEC. 1043. SALE OF PROPERTY TO COMPLY WITH CONFLICT-OF-INTEREST REQUIREMENTS.
`(a) NONRECOGNITION OF GAIN- If an eligible person sells any property
pursuant to a certificate of divestiture, at the election of the taxpayer,
gain from such sale shall be recognized only to the extent that the amount
realized on such sale exceeds the cost (reduced by any basis adjustment
under subsection (c) attributable to a prior sale) of any permitted property
purchased by the taxpayer during the 60-day period beginning on the date
of such sale.
`(b) DEFINITIONS- For purposes of this section--
`(1) ELIGIBLE PERSON- The term `eligible person' means--
`(A) an officer or employee of the executive branch of the Federal
Government, but does not mean a special Government employee as defined in
section 202 of title 18, United States Code, and
`(B) any spouse or minor or dependent child whose ownership of any property
is attributable under any statute, regulation, rule, or executive order
referred to in paragraph (2) to a person referred to in subparagraph (A).
`(2) CERTIFICATE OF DIVESTITURE- The term `certificate of divestiture'
means any written determination--
`(A) that states that divestiture of specific property is reasonably
necessary to comply any Federal conflict of interest statute, regulation,
rule, or executive order (including section 208 of title 18, United
States Code), or requested by a congressional committee as a condition
of confirmation,
`(B) that has been issued by the President or the Director of the Office
of Government Ethics, and
`(C) that identifies the specific property to be divested.
`(3) PERMITTED PROPERTY- The term `permitted property' means any obligation
of the United States or any diversified investment fund approved by
regulations issued by the Office of Government Ethics.
`(4) PURCHASE- The taxpayer shall be considered to have purchased any
permitted property if, but for subsection (c), the unadjusted basis of
such property would be its cost within the meaning of section 1012.
`(c) BASIS ADJUSTMENTS- If gain from the sale of any property is not
recognized by reason of subsection (a), such gain shall be applied to
reduce (in the order acquired) the basis for determining gain or loss
of any permitted property which is purchased by the taxpayer during the
60-day period described in subsection (a).'
(b) TECHNICAL AMENDMENTS-
(1) Section 1223 of such Code (relating to holding period of property) is
amended by redesignating paragraph (14) as paragraph (15) and by inserting
after paragraph (13) the following new paragraph:
`(14) In determining the period for which the taxpayer has held property the
acquisition of which resulted under section 1043 in the nonrecognition of
any part of the gain realized on the sale of other property, there shall
be included the period for which such other property had been held as of
the date of such sale.'
(2) Subsection (a) of section 1016 of such Code (relating to adjustments
to basis) is amended by striking `and' at the end of paragraph (23), by
striking the period at the end of paragraph (24) and inserting `, and',
and by adding at the end thereof the following new paragraph:
`(25) in the case of property the acquisition of which resulted under
section 1043 in the nonrecognition of any part of the gain realized on
the sale of other property, to the extent provided in section 1043(c).'
(3) The table of sections for part III of subchapter O of chapter 1 of
such Code is amended by adding at the end thereof the following new item:
`Sec. 1043. Sale of property to comply with conflict-of-interest
requirements.'.
(c) The amendments made by this section shall apply to sales after the
date of the enactment of this Act.

d7cb52fc5f3d69be34c4dd11fe2a70f553af76b208fd903aac831b9dbfa2c2a7

Notwithstanding any other provision of law, the head of each department,
agency, or other entity of each branch of the Government shall prescribe
by rule appropriate conditions for the incidental use, for other than
official business, of vehicles owned or leased by the Government.

a45e30f1a5cf9becff2a5f4fc276f731108dff88c0596664a1e1e8575734f7c0

THE EXCESS CAMPAIGN FUND GRANDFATHER PROVISION.
(a) IN GENERAL- Section 313 of the Federal Election Campaign Act of 1971
(2 U.S.C. 439a) is amended by striking `, with respect to ' and all that
follows through `1979,'.
(b) EFFECTIVE DATE- The amendment made by subsection (a)--
(1) in the case of an individual who serves as a Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress in the 102nd
Congress or an earlier Congress, shall apply, except as provided in paragraph
(2), to the use of excess amounts totaling more than the amount equal to
the unobligated balance on hand on the date of the enactment of this Act; and
(2) in the case of an individual who serves as a Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress after the 102nd
Congress (including an individual referred to in paragraph (1) who so
serves), shall apply to the use of any excess amount on or after the first
day of such service.

ee1097d1d0dc8b9c5cb066e0bded0e7a9d7f2afd87a7316e99f27c85e3408067

(a) RESTRICTION ON PAYMENT TO CERTAIN RETIRED MILITARY OFFICERS- Subsection
(a) of section 801 of title 37, United States Code, is repealed.
(b) INTERIOR APPROPRIATIONS- Section 319 of the Act of September 27, 1988
(Interior Department Appropriations, Fiscal Year 1988) (Public Law 100-446,
102 Stat. 1774, 1826) is repealed.

01ea4d87d85dd03911252b6e594648e5b5a604b31c75b3fe77f4896a4dcb12d2

(a) Chapter 33 of title 5, United States Code, is amended--
(1) by inserting immediately following section 3393 the following new
section:
`Sec. 3393a. Recertification
`(a)(1) In order to ensure that the performance of career appointees
demonstrates the excellence needed to meet the goals of the Senior
Executive Service, as set forth in section 3131, each career appointee
shall be subject to recertification by the employing agency in accordance
with the provisions of this section.
`(2) Beginning in calendar year 1991, and recurring every third calendar
year thereafter, the head of an agency shall determine a time during such
calendar year when the performance of career appointees in the agency shall
be subject to recertification. Recertification shall not be required of any
career appointee who has not been continuously employed as a senior executive
for the 156 weeks preceding the time determined for the recertification. For
the purposes of the previous sentence, a break in service of 6 months and
shall be deemed not to interrupt the 156 weeks of continuous employment.
`(b) The supervising official of each career appointee shall submit to a
performance review board established by the agency under section 4314 a
recommendation as to whether the career appointee's performance justifies
recertification as a senior executive, based on such factors as the career
appointee's performance ratings for the 3 preceding years under section
4314, any award or other recognition received by the career appointee, any
developmental activities of the career appointee, and any other relevant
factors. The supervising official's recommendation shall reflect that
official's view as to whether the career appointee's overall performance
over the 3 preceding years has demonstrated the excellence expected of a
senior executive in relation to the written performance requirements for the
career appointee's senior executive position as established under section
4312(b). The career appointee may submit to the performance review board
a statement of accomplishments and other documentation giving evidence of
the quality of the career appointee's performance.
`(c)(1) After considering the recommendation and other information received
under subsection (b), the performance review board shall submit to the
appointing authority a recommendation as to whether the career appointee
should be recertified, conditionally recertified, or not recertified
as a senior executive. If the board proposes to recommend conditional
recertification or nonrecertification, then the affected appointee shall be
so notified and shall have the opportunity to appear before the performance
review board. If the board is recommending that the career appointee be
recertified, the board may also recommend that the career appointee's
rate of basic pay be increased to a higher rate established under section
5382. If the board is recommending that the career appointee be conditionally
recertified, the board may recommend that the career appointee's pay be
reduced to the next lower rate established under section 5382. The board
shall also provide to the appointing authority the recommendation and
other information received under subsection (b).
`(2) More than one-half of the members of a performance review board under
this section shall consist of career appointees. The requirement of the
preceding sentence shall not apply in any case in which the Office of
Personnel Management determines that there exists an insufficient number
of career appointees available to comply with the requirement.
`(d)(1) If the appointing authority determines that the career appointee's
performance during the preceding 3 years demonstrates the excellence expected
of a senior executive, the appointing authority shall recommend to the head
of the agency that the career appointee be recertified as a senior executive.
`(2) If the appointing authority determines that the career appointee's
performance has not demonstrated the excellence expected of a senior
executive, the appointing authority shall recommend to the head of the
agency that the career appointee be conditionally recertified as a senior
executive or not be recertified as a senior executive.
`(e)(1) If the head of the agency decides that the career appointee's
performance warrants recertification as a senior executive, the career
appointee shall continue in the Senior Executive Service. If a career
appointee is recertified as a senior executive, the career appointee's
rate of basic pay may not be reduced at the time of recertification.
`(2) If the head of the agency decides that the career appointee's
performance does not warrant full recertification, but does warrant
conditional recertification, the career appointee--
`(A) shall remain a career appointee in the Senior Executive Service;
`(B) shall be subject to continuing close review of the career appointee's
performance by the supervising official in coordination with an executive
resources board established under section 3393, in accordance with a
performance improvement plan developed by the supervising official and
subject to the approval of the executive resources board;
`(C) may, if the head of the agency so determines, be reduced to the next
lower rate of basic pay established under section 5382; and
`(D) shall be removed from the Senior Executive Service if the career
appointee is not recertified as a senior executive at the end of the
12-month period following the conditional recertification.
If, at the end of the 12-month period following the conditional
recertification, the career appointee is recertified as a senior executive,
any reduction that was made in the career appointee's rate of basic pay
under subparagraph (C) shall be restored prospectively.
`(3) If the head of the agency decides that the career appointee's
performance does not demonstrate that the career appointee qualifies for
recertification or conditional recertification as a senior executive,
the career appointee shall be removed from the Senior Executive Service
in accordance with section 3592.
`(f) The Office of Personnel Management shall prescribe standards
and procedures to ensure consistency and fairness for the process of
recertification under this section.'.
(2) by inserting in the analysis, immediately following the item relating
to section 3393, the following new item:
`3393a. Recertification.'.
(b) Title 5, United States Code, is further amended as follows:
(1) in section 3151(a)(5)--
(A) by striking `and' at the end of subparagraph (C);
(B) by inserting `and' after the semicolon at the end of subparagraph
(D); and
(C) by inserting after subparagraph (D) the following new subparagraph:
`(E) recertification consistent with section 3393a;';
(2) in section 3393(g), by inserting after `1207,' the following: `3393a,';
(3) in section 3592(a)--
(A) by striking `or' at the end of paragraph (1);
(B) by inserting `or' after the comma at the end of paragraph (2);
(C) by inserting after paragraph (2) the following new paragraph:
`(3) if the career appointee is not recertified as a senior executive
under section 3393a,'; and
(D) by inserting at the end thereof the following: `In the case of a removal
under paragraph (3) of this subsection, the career appointee shall have
the right to appeal the removal from the Senior Executive Service to the
Merit Systems Protection Board under section 7701.';
(4) in section 3593(a)(2)--
(A) by striking `or';
(B) by striking the period and inserting in lieu thereof the following:
`, or failure to be recertified as a senior executive under section 3393a.';
(5) in section 3594(b)--
(A) by striking `or' at the end of paragraph (1);
(B) by inserting `or' after the semicolon at the end of paragraph (2); and
(C) by inserting after paragraph (2) the following new paragraph:
`(3) is removed from the Senior Executive Service for failure to be
recertified under section 3393a;';
(6) in section 7701(c)(1)(A) by striking `of' and inserting in lieu thereof
the following: `of a removal from the Senior Executive Service for failure
to be recertified under section 3393a or';
(7) in section 8336(h)--
(A) in paragraph (1) by striking `for' and inserting in lieu thereof the
following: `for failure to be recertified as a senior executive under
section 3393a or for';
(B) in paragraph (2) by striking `for' and inserting in lieu thereof the
following: `for failure to be recertified as a senior executive or for'; and
(C) in paragraph (3) by striking `for' and inserting in lieu thereof the
following: `for failure to be recertified as a senior executive or for';
(8) in section 8339(h) by striking the period at the end of the first
sentence and inserting in lieu thereof the following: `, except that such
reduction shall not apply in the case of an employee retiring under section
8336(h) for failure to be recertified as a senior executive.';
(9) in section 8414(a)--
(A) in paragraph (1) by striking `for' and inserting in lieu thereof the
following: `for failure to be recertified as a senior executive under
section 3393a or for';
(B) in paragraph (2) by striking `for' and inserting in lieu thereof the
following: `for failure to be recertified as a senior executive or for'; and
(C) in paragraph (3) by striking `for' and inserting in lieu thereof the
following: `for failure to be recertified as a senior executive or for'; and
(10) in section 8421(a)(2) by striking the period and inserting in lieu
thereof the following: `, except that an individual entitled to an annuity
under section 8414(a) for failure to be recertified as a senior executive
shall be entitled to an annuity supplement without regard to such applicable
minimum retirement age'.
(c)(1) Section 305 of the Foreign Service Act of 1980 is amended by
inserting at the end thereof the following new subsection:
`(c) The Secretary shall by regulation establish a recertification
process for members of the Senior Foreign Service that is equivalent to
the recertification process for the Senior Executive Service under section
3393a of title 5, United States Code.'.
(2) Section 12(a)(1) of the National Security Agency Act of 1959 is amended--
(A) by striking `and' at the end of paragraph (F);
(B) by inserting `and' after the semicolon at the end of paragraph (G); and
(C) by inserting after paragraph (G) the following new paragraph:
`(H) provide for the recertification of members of the Senior Cryptologic
Executive Service consistent with the provisions of section 3393a of
such title.'.
(3) Section 1601(a) of title 10, United States Code, is amended--
(A) by striking `and' at the end of paragraph (6);
(B) by inserting `and' after the semicolon at the end of paragraph (7); and
(C) by inserting after paragraph (7) the following new paragraph:
`(8) provide for the recertification of members of the Defense Intelligence
Senior Executive Service consistent with the provisions of section 3393a
of title 5.'.
(d) The amendments made by this section shall take effect on January 1, 1991.

db1129bc72755551c6d203aa0f575a59929202968eb3c6bef28b4c1897744f2f

(a) Section 6(b) of Public Law 100-679 is amended by striking `180 days
after the date of enactment of this Act' and substituting `one year after
the date of enactment of H.R. 3660.'
(b) Sections 603 through 606, subsections (a) and (b) of section 607,
and subsections (a) and (c) of section 608 of the Department of Energy
Organization Act shall not have effect from the date of enactment of
H.R. 3660 for a period of one year.
(c) Sections 2397a and 2397b of title 10, United States Code, and section
281 of title 18, United States Code shall not have effect from the date
of enactment of H.R. 3660 for a period of one year.
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( 38 ) Page 100, after line 23, insert:

de3760db174da3ab118a5c7b1c76c7a11d2c6f0a55500a94a127c84f686b712e

(a) GIFTS- (1) No Member, officer, or employee of the Senate, or the spouse
or dependent thereof, shall knowingly accept, directly or indirectly, any
gift or gifts having an aggregate value exceeding $100 during a calendar
year directly or indirectly from any person, organization, or corporation
having a direct interest in legislation before the Congress or from any
foreign national unless, in an unusual case, a waiver is granted by the
Select Committee on Ethics.
(2) No Member, officer, or employee of the Senate, or the spouse or dependent
thereof, shall knowingly accept, directly or indirectly, any gift or gifts
having an aggregate value exceeding $300 during a calendar year from any
person, organization, or corporation unless, in an unusual case, a waiver
is granted by the Select Committee on Ethics.
(3) In determining the aggregate value of any gift or gifts accepted
by an individual during a calendar year from any person, organization,
or corporation, there may be deducted the aggregate value of gifts (other
than gifts described in subparagraph (c)) given by such individual to such
person, organization, or corporation during that calendar year.
(4) For purposes of this subsection, only the following shall be deemed
to have a direct interest in legislation before the Congress:
(A) a person, organization, or corporation registered under the Federal
Regulation of Lobbying Act of 1946, or any successor statute, a person
who is an officer or director of such a registered lobbyist, or a person
who has been employed or retained by such a registered lobbyist for the
purpose of influencing legislation before the Congress; or
(B) a corporation, labor organization, or other organization which
maintains a separate segregated fund for political purposes (within the
meaning of section 321 of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b)), a person who is an officer or director of such corporation,
labor organization, or other organization, or a person who has been employed
or retained by such corporation, labor organization, or other organization
for the purpose of influencing legislation before the Congress.
(5) The prohibitions of this subsection do not apply to gifts--
(A) from relatives;
(B) with a value of less than $75;
(C) of personal hospitality of an individual; or
(D) from an individual who is a foreign national if that individual is
not acting; directly or indirectly, on behalf of a foreign corporation,
partnership or business enterprise, a foreign trade, cultural, educational
or other association, a foreign political party or a foreign government.
(6) For purposes of this paragraph--
(A) the term `gift' means a payment, subscription, advance, forbearance,
rendering, or deposit of money, services, or anything of value, including
food, lodging, transportation, or entertainment, and reimbursement for other
than necessary expenses, unless consideration of equal or greater value
is received, but does not include (1) a political contribution otherwise
reported as required by law, (2) a loan made in a commercially reasonable
manner (including requirements that the loan be repaid and that a reasonable
rate of interest be paid), (3) a bequest, inheritance, or other transfer
at death, (4) a bona fide award presented in recognition of public service
and available to the general public, (5) a reception at which the Member,
officer, or employee is to be honored, provided such individual receives
no other gifts that exceed the restrictions in this rule, other than a
suitable memento, (6) meals or beverages consumed or enjoyed, provided the
meals or beverages are not consumed or enjoyed in connection with a gift of
overnight lodging, or (7) anything of value given to a spouse or dependent
of a reporting individual by the employer of such spouse or dependent in
recognition of the service provided by such spouse or dependent; and
(B) the term `relative' has the same meaning given to such term in section
107(2) of title I of the Ethics in Government Act of 1978 (Public Law
95-521).
(7) If a Member, officer, or employee, after exercising reasonable
diligence to obtain the information necessary to comply with this rule,
unknowingly accepts a gift described in paragraph (1) such Member, officer,
or employee shall, upon learning of the nature of the gift and its source,
return the gift or, if it is not possible to return the gift, reimburse
the donor for the value of the gift.
(8)(A) Notwithstanding the provisions of this subsection, a Member, officer,
or employee of the Senate may participate in a program, the principal
objective of which is educational, sponsored by a foreign government or
a foreign educational or charitable organization involving travel to a
foreign country paid for by that foreign government or organization if such
participation is not in violation of any law and if the Select Committee
on Ethics has determined that participation in such program by Members,
officers, or employees of the Senate is in the interests of the Senate
and the United States.
(B) Any Member who accepts an invitation to participate in any such
program shall notify the Select Committee in writing of his acceptance. A
Member shall also notify the Select Committee in writing whenever he
has permitted any officer or employee whom he supervises to participate
in any such program. The chairman of the Select Committee shall place
in the Congressional Record a list of all individuals, participating,
the supervisors of such individuals where applicable; and the nature and
itinerary of such program.
(C) No Member, officer, or employee may accept funds in connection with
participation in a program permitted under subparagraph (A) if such funds
are not used for necessary food, lodging, transportation, and related
expenses of the Member, officer, or employee.
(b) LIMITS ON DOMESTIC AND FOREIGN TRAVEL BY MEMBERS AND STAFF OF THE
SENATE- The term `necessary expenses', with respect to limits on domestic
and foreign travel by Members and staff of the Senate, means reasonable
expenses for food, lodging, or transportation which are incurred by a
Member, officer, or employee of the Senate in connection with services
provided to (or participation in an event sponsored by) the organization
which provides reimbursement for such expenses or which provides the food,
lodging, or transportation directly. Necessary expenses do not include
the provision of food, lodging, or transportation, or the payment for
such expenses, for a continuous period in excess of 3 days (and 2 nights)
exclusive of travel time within the United States or 7 days (and 6 nights)
exclusive of travel time outside of the United States unless such travel
is approved by the Committee on Ethics as necessary for participation in a
conference, seminar, meeting or similar matter. Necessary expenses do not
include the provision of food, lodging, or transportation, or the payment
for such expenses, for anyone accompanying a Member, officer, or employee
of the Senate, other than the spouse of a Member, officer, or employee of
the Senate or one Senate employee acting as an aide to a Member.

c34d80c490159d08cbd3d3776df72b3de899a6e8ce90c0d2fc40845b1400f2ea

TITLE IX

-REGULATIONS RELATING TO THE SENATE

(a) The Select Committee on Ethics shall transmit a copy of each report
filed with it under title I of the Ethics in Government Act of 1978 (other
than a report filed by a Member of Congress) to the head of the employing
office of the individual filing the report.
(b) For purposes of this section, the head of the employing office shall be--
(A) in the case of an employee of a Member, the Member by whom that person
is employed;
(B) in the case of an employee of a Committee, the chairman and ranking
minority member of such Committee;
(C) in the case of an employee on the leadership staff, the Member of the
leadership on whose staff such person serves; and
(D) in the case of any other employee of the legislative branch, the head
of the office in which such individual serves.

ece91368660b002cd5f8698199d73042d9873f935cd69ffc14a1b9f46c57c363

(a) Except as provided by subsection (b), any employee of the Senate who is
required to file a report pursuant to Senate regulations shall refrain from
participating personally and substantially as an employee of the Senate in
any contact with any agency of the executive or judicial branch of Government
with respect to non-legislative matters affecting any non-governmental
person in which the employee has a significant financial interest.
(b) Subsection (a) shall not apply if an employee first advises his
supervisor of his significant financial interest and obtains from such
supervisor a written waiver stating that the participation of the employee
is necessary. A copy of each such waiver shall be filed with the Select
Committee.

22fd49fa0ee3d3b43aadb1ca59610f02f474c147e50f12daef669afa7d5d5fad

(a) REDESIGNATION-
(1) IN GENERAL- Section 225(a) of the Federal Salary Act of 1967 (2
U.S.C. 351) is amended by striking `Commission on Executive, Legislative,
and Judicial Salaries' and inserting `Citizens' Commission on Public
Service and Compensation'.
(2) CONFORMING AMENDMENT- The heading for section 225 of such Act (2
U.S.C. 351 and following) is amended to read as follows:
`CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION'.
(b) MEMBERSHIP- Section 225(b) of such Act (2 U.S.C. 352) is amended to
read as follows:
(b) MEMBERSHIP- Section 225(b) of such Act (2 U.S.C. 352) is amended to
read as follows:
`(A) 2 appointed by the President of the United States;
`(B) 1 appointed by the President Pro Tempore of the Senate, upon the
recommendation of the majority and minority leaders;
`(C) 1 appointed by the Speaker of the House of Representatives;
`(D) 2 appointed by the Chief Justice of the United States; and
`(E) 5 appointed by the Administrator of General Services in accordance
with paragraph (4).
`(2) No person shall serve as a member of the Commission who is--
`(A) an officer or employee of the Federal Government;
`(B) registered (or required to register) under the Federal Regulation of
Lobbying Act; or
`(C) a parent, sibling, spouse, child, or dependent relative, of anyone
under subparagraph (A) or (B).
`(3) The persons appointed under subparagraphs (A) through (D) of paragraph
(1) shall be selected without regard to political affiliation, and should
be selected from among persons who have experience or expertise in such
areas as government, personnel management, or public administration.
`(4) The Administrator of General Services shall by regulation establish
procedures under which persons shall be selected for appointment under
paragraph (1)(E). Such procedures--
`(A) shall be designed in such a way so as to provide for the maximum degree
of geographic diversity practicable among members under paragraph (1)(E);
`(B) shall include provisions under which those members shall be chosen
by lot from among names randomly selected from voter registration lists; and
`(C) shall otherwise comply with applicable provisions of this subsection.
`(5) The chairperson shall be designated by the President.
`(6) A vacancy in the membership of the Commission shall be filled in the
manner in which the original appointment was made.
`(7) Each member of the Commission shall be paid at the rate of $100 for
each day such member is engaged upon the work of the Commission and shall
be allowed travel expenses, including a per diem allowance, in accordance
with section 5703 of title 5, United States Code, when engaged in the
performance of services for the Commission.
`(8)(A) The terms of office of persons first appointed as members of the
Commission shall be for the period of the 1993 fiscal year of the Federal
Government, and shall begin not later than February 14, 1993.
`(B) After the close of the 1993 fiscal year of the Federal Government,
persons shall be appointed as members of the Commission with respect to
every fourth fiscal year following the 1993 fiscal year. The terms of office
of persons so appointed shall be for the period of the fiscal year with
respect to which the appointment is made, except that, if any appointment
is made after the beginning and before the close of any such fiscal year,
the term of office based on such appointment shall be for the remainder
of such fiscal year.
`(C)(i) Notwithstanding any provision of subparagraph (A) or (B), members
of the Commission may continue to serve after the close of a fiscal year,
if the date designated by the President under subsection (g) (relating to
the date by which the Commission is to submit its report to the President)
is subsequent to the close of such fiscal year, and only if or to the
extent necessary to allow the Commission to submit such report.
`(ii) Notwithstanding any provision of subsection (c), authority under
such subsection shall remain available, after the close of a fiscal year,
so long as members of the Commission continue to serve.'
(c) AMENDMENTS TO SECTION 225(c)- Section 225(c) of such Act (2 U.S.C. 353)
is amended by striking `subsection (b) (2) and (3)' each place it appears
and inserting `subparagraphs (A) and (B) of subsection (b)(8)'.
(d) AMENDMENT TO SECTION 225(f)- Section 225(f) of such Act (2 U.S.C. 356) is
amended by striking `subsection (b) (2) and (3)' and inserting `subparagraphs
(A) and (B) of subsection (b)(8)'.
(e) REPORT TO THE PRESIDENT- Section 225(g) of such Act (2 U.S.C. 357)
is amended--
(1) by amending the subsection heading to read as follows: `REPORT BY
COMMISSION TO THE PRESIDENT WITH RESPECT TO PAY';
(2) in the first sentence, by striking `Commission of' and inserting
`Commission with respect to rates of pay for'; and
(3) in the second sentence, by striking `December 15' and all that follows
thereafter through the period and inserting `December 15 next following the
close of the fiscal year in which the review is conducted by the Commission.'
(f) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO PAY- Section 225(h)
of such Act (2 U.S.C. 358) is amended to read as follows:
`(h) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO PAY- (1) After
considering the report and recommendations of the Commission submitted under
subsection (g), the President shall transmit to Congress his recommendations
with respect to the exact rates of pay, for offices and positions within
the purview of subparagraphs (A), (B), (C), and (D) of subsection (f),
which the President considers to be fair and reasonable in light of the
Commission's report and recommendations, the prevailing market value of the
services rendered in the offices and positions involved, the overall economic
condition of the country, and the fiscal condition of the Federal Government.
`(2) The President shall transmit his recommendations under this subsection
to Congress on the first Monday after January 3 of the first calendar year
beginning after the date on which the Commission submits its report and
recommendations to the President under subsection (g).'
(g) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT- Section 225(i)
of such Act (2 U.S.C. 359) is amended to read as follows:
`(i) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT- (1) None of the
President's recommendations under subsection (h) shall take effect unless
approved under paragraph (2).
`(2)(A) The recommendations of the President under subsection (h) shall be
considered approved under this paragraph if there is enacted into law a bill
or joint resolution approving such recommendations in their entirety. The
bill or joint resolution shall be passed by recorded vote to reflect the
vote of each Member of Congress thereon.
`(B)(i) The provisions of this subparagraph are enacted by the Congress--
`(I) as an exercise of the rulemaking power of the Senate and the House
of Representatives and as such shall be considered as part of the rules
of each House, and shall supersede other rules only to the extent that
they are inconsistent therewith; and
`(II) with full recognition of the constitutional right of either House to
change the rules (so far as they relate to the procedures of that House)
at any time, in the same manner, and to the same extent as in the case of
any other rule of that House.
`(ii) During the 60-calendar-day period beginning on the date that the
President transmits his recommendations to the Congress under subsection
(h), it shall be in order as a matter of highest privilege in each House of
Congress to consider a bill or joint resolution, if offered by the majority
leader of such House (or a designee), approving such recommendations in
their entirety.
`(3) Except as provided in paragraph (4), any recommended pay adjustment
approved under paragraph (2) shall take effect as of the date proposed by
the President under subsection (h) with respect to such adjustment.
`(4)(A) Notwithstanding the approval of the President's pay recommendations
in accordance with paragraph (2), none of those recommendations shall
take effect unless, between the date on which the bill or resolution
approving those recommendations is signed by the President (or otherwise
becomes law) and the earliest date as of which the President proposes
(under subsection (h)) that any of those recommendations take effect,
an election of Representatives shall have intervened.
`(B) For purposes of this paragraph, the term `election of Representatives'
means an election held on the Tuesday following the first Monday of November
in any evennumbered calendar year.'
(h) AMENDMENT TO SECTION 225(j)- Section 225(j)(A) of such Act (2
U.S.C. 360(A)) is amended by striking `(other than' and all that follows
thereafter through `, and' and inserting `(other than any provision of law
enacted with respect to such recommendations in the period beginning on
the date the President transmits his recommendations to the Congress under
subsection (h) and ending on the date of their approval under subsection
(i)(2)), and'.
(i) REQUIREMENTS APPLICABLE TO RECOMMENDATIONS- Section 225 of such Act
(2 U.S.C. 351 and following) is amended by adding at the end the following:
`(l) REQUIREMENTS APPLICABLE TO RECOMMENDATIONS- Notwithstanding any
other provision of this section, the recommendations submitted by the
Commission to the President under subsection (g), and the recommendations
transmitted by the President to the Congress under subsection (h), shall
be in conformance with the following:
`(1) Any recommended pay adjustment shall specify the date as of which it
is proposed that such adjustment take effect.
`(2) The proposed effective date of a pay adjustment may occur no earlier
than January 1 of the second fiscal year, and no later than December 31
next following the close of the fifth fiscal year, beginning after the
fiscal year in which the Commission conducts its review under subsection (f).
`(3)(A)(i) The rates of pay recommended for the Speaker of the House of
Representatives, the Vice President of the United States, and the Chief
Justice of the United States, respectively, shall be equal.
`(ii) The rates of pay recommended for the majority and minority leaders
of the Senate and the House of Representatives, the President pro tempore
of the Senate, and each office or position under section 5312 of title
5, United States Code (relating to level I of the Executive Schedule),
respectively, shall be equal.
`(iii) The rates of pay recommended for a Senator, a Member of the House
of Representatives, the Resident Commissioner from Puerto Rico, a Delegate
to the House of Representatives, a judge of a district court of the United
States, a judge of the United States Court of International Trade, and
each office or position under section 5313 of title 5, United States Code
(relating to level II of the Executive Schedule), respectively, shall
be equal.
`(B) Nothing in this subsection shall be considered to require that the rate
recommended for any office or position by the President under subsection
(h) be the same as the rate recommended for such office or position by
the Commission under subsection (g).'
(j) ADDITIONAL FUNCTION- Section 225 of such Act (2 U.S.C. 351 and
following), as amended by subsection (i), is further amended by adding at
the end the following:
`(m) ADDITIONAL FUNCTION- The Commission shall, whenever it conducts a
review under subsection (f), also conduct a review under this subsection
relating to any recruitment or retention problems, and any public policy
issues involved in maintaining appropriate ethical standards, with respect
to any offices or positions within the Federal public service. Any findings
or recommendations under this subsection shall be included by the Commission
as part of its report to the President under subsection (g).'
(k) PROVISION RELATING TO CERTAIN OTHER PAY ADJUSTMENTS- Section 225 of such
Act (2 U.S.C. 351 and following) is amended by adding after subsection (m)
(as added by subsection (j)) the following:
`(n) PROVISION RELATING TO CERTAIN OTHER PAY ADJUSTMENTS-
`(1) A provision of law increasing the rate of pay payable for an office
or position within the purview of subparagraph (A), (B), (C), or (D) of
subsection (f) shall not take effect before the beginning of the Congress
following the Congress during which such provision is enacted.
`(2) For purposes of this subsection, a provision of law enacted during the
period beginning on the Tuesday following the first Monday of November of
an even-numbered year of any Congress and ending at noon on the following
January 3 shall be considered to have been enacted during the first session
of the following Congress.
`(3) Nothing in this subsection shall be considered to apply with respect
to any pay increase--
`(A) which takes effect under the preceding subsections of this section;
`(B) which is based on a change in the Employment Cost Index (as determined
under section 904(a)(1) of the Ethics Reform Act of 1989) or which is in
lieu of any pay adjustment which might otherwise be made in a year based
on a change in such index (as so determined); or
`(C) which takes effect under section 1002 or 1003 of the Ethics Reform
Act of 1989.'

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TITLE X

-CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION

(a) RESTORATION-
(1) IN GENERAL- Effective for pay periods beginning on or after the date
of enactment of this Act, the rate of basic pay for any office or position
in the executive, legislative, or judicial branch of the Government or in
the government of the District of Columbia shall be determined as if the
provisions of law cited in paragraph (2) had never been enacted.
(2) CITATIONS- The provisions of law referred to in paragraph (1) are
as follows:
(A) Section 620(b) of the Treasury, Postal Service and General Government
Appropriations Act, 1989 (2 U.S.C. 5305 note).
(B) Section 619(b) of the Treasury, Postal Service and General Government
Appropriations Act, 1990.
(b) SPECIFIC AUTHORITY- For purposes of section 140 of Public Law 97-92
(28 U.S.C. 461 note), appropriate salary increases are hereby authorized for
Federal judges and Justices of the Supreme Court pursuant to subsection (a).
(c) SPECIAL RULE- Notwithstanding any other provision of this section,
no adjustment in any rate of pay shall become effective, as a result
of the enactment of this section, before the first applicable pay period
beginning on or after the date as of which the order issued by the President
on October 16, 1989, pursuant to section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 is rescinded.

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(a) SALARY LEVELS-
(1) EXECUTIVE POSITIONS- Effective the first day of the first applicable pay
period that begins on or after January 1, 1991, the rate of basic pay for
positions in the Executive Schedule shall be increased in the amount of 25
percent of their respective rates (as last in effect before the increase),
rounded to the nearest multiple of $100 (or, if midway between multiples
of $100, to the next higher multiple of $100).
(2) LEGISLATIVE POSITIONS; OFFICE OF THE VICE PRESIDENT- Effective the
first day of the first applicable pay period that begins on or after
January 1, 1991, the rate of basic pay for the offices and positions under
subparagraphs (A) and (B) of section 225(f) of the Federal Salary Act
of 1967 (2 U.S.C. 356(A) and (B)) shall be increased in the amount of 25
percent of their respective rates (as last in effect before the increase),
rounded to the nearest multiple of $100).
(3) JUDICIAL POSITIONS- Effective the first day of the first applicable pay
period that begins on or after January 1, 1991, the rate of basic pay for
the Chief Justice of the United States, an associate justice of the Supreme
Court of the United States, a judge of a United States circuit court, a
judge of a district court of the United States, and a judge of the United
States Court of International Trade shall be increased in the amount of 25
percent of their respective rates (as last in effect before the increase),
rounded to the nearest multiple of $100 (or, if midway between multiples
of $100, to the next higher multiple of $100).
(b) COORDINATION RULE- If a pay adjustment under subsection (a) is to be made
for an office or position as of the same date as any other pay adjustment
affecting such office or position, the adjustment under subsection (a)
shall be made first.

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EXECUTIVE, LEGISLATIVE, AND JUDICIAL POSITIONS ARE TO BE MADE.
(a) PERCENT CHANGE IN THE EMPLOYMENT COST INDEX-
(1) METHOD FOR COMPUTING PERCENT CHANGE IN THE ECI-
(A) DEFINITIONS- For purposes of this paragraph--
(i) the term `Employment Cost Index' or `ECI' means the Employment Cost
Index (wages and salaries, private industry workers) published quarterly
by the Bureau of Labor Statistics; and
(ii) the term `base quarter' means the 3-month period ending on December
31 of a year.
(B) METHOD- For purposes of the provisions of law amended by paragraph
(2), the `most recent percentage change in the ECI', as of any date,
shall be one-half of 1 percent less than the percentage (rounded to the
nearest one-tenth of 1 percent) derived by--
(i) reducing--
(I) the ECI for the last base quarter prior to that date, by
(II) the ECI for the second to last base quarter prior to that date,
(ii) dividing the difference under clause (i) by the ECI for the base
quarter referred to in clause (i)(II), and
(iii) multiplying the quotient under clause (ii) by 100,
except that no percentage change determined under this paragraph shall be--
(I) less than zero; or
(II) greater than 5 percent.
(2) PROVISIONS THROUGH WHICH NEW METHOD IS TO BE IMPLEMENTED-
(A) AMENDMENT TO TITLES 3, 5, AND 28 OF THE UNITED STATES CODE- Section
104 of title 3, United States Code, section 5318 of title 5, United States
Code, and section 461(a) of title 28, United States Code, are amended
by striking `corresponds to' and all that follows thereafter through the
period, and inserting the following:
`corresponds to the most recent percentage change in the ECI (relative to the
date described in the next sentence), as determined under section 904(a)(1)
of the Ethics Reform Act of 1989. The appropriate date under this sentence
is the first day of the fiscal year in which such adjustment in the rates
of pay under the General Schedule takes effect.'
(B) AMENDMENT TO THE LEGISLATIVE REORGANIZATION ACT OF 1946- Section
601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2))
is amended by striking `corresponds to' and all that follows thereafter
through the period and inserting the following:
`corresponds to the most recent percentage change in the ECI (relative to the
date described in the next sentence), as determined under section 904(a)(1)
of the Ethics Reform Act of 1989. The appropriate date under this sentence
is the first day of the fiscal year in which such adjustment in the rates
of pay under the General Schedule takes effect.'
(b) EFFECTIVE DATE- This section and the amendments made by this section
shall take effect on January 1, 1991.

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SALARY INCREASES.
(a) IN GENERAL- Section 371 of title 28, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting `(1)' after `(b)';
(B) by inserting `or her' after `his'; and
(C) by striking the period and inserting the following: `if he or she
meets the requirements of subsection (f).
`(2) In a case in which a justice or judge who retires under paragraph
(1) does not meet the requirements of subsection (f), the justice or judge
shall continue to receive the salary that he or she was receiving when he
or she was last in active service or, if a certification under subsection
(f) was made for such justice or judge, when such a certification was last
in effect. The salary of such justice or judge shall be adjusted under
section 461 of this title.'; and
(2) by adding at the end the following new subsection:
`(f)(1) In order to continue receiving the salary of the office under
subsection (b), a justice must be certified in each calendar year by the
Chief Justice, and a judge must be certified by the chief judge of the
circuit in which the judge sits, as having met the requirements set forth
in at least one of the following subparagraphs:
`(A) The justice or judge must have carried in the preceding calendar
year a caseload involving courtroom participation which is equal to or
greater than the amount of work involving courtroom participation which
an average judge in active service would perform in three months. In the
instance of a justice or judge who has sat on both district courts and
courts of appeals, the caseload of appellate work and trial work shall
be determined separately and the results of those determinations added
together for purposes of this paragraph.
`(B) The justice or judge performed in the preceding calendar year
substantial judicial duties not involving courtroom participation under
subparagraph (A), including settlement efforts, motion decisions, writing
opinions in cases that have not been orally argued, and administrative duties
for the court to which the justice or judge is assigned. Any certification
under this subparagraph shall include a statement describing in detail the
nature and amount of work and certifying that the work done is equal to
or greater than the work described in this subparagraph which an average
judge in active service would perform in three months.
`(C) The justice or judge has, in the preceding calendar year, performed
work described in subparagraphs (A) and (B) in an amount which, when
calculated in accordance with such subparagraphs, in the aggregate equals
at least 3 months work.
`(D) The justice or judge has, in the preceding calendar year, performed
substantial administrative duties directly related to the operation of
the courts, or has performed substantial duties for a Federal or State
governmental entity. A certification under this subparagraph shall specify
that the work done is equal to the full-time work of an employee of the
judicial branch.
`(E) The justice or judge was unable in the preceding calendar year to
perform judicial or administrative work to the extent required by any
of subparagraphs (A) through (D) because of a temporary or permanent
disability. A certification under this subparagraph shall be made to
a justice who certifies in writing his or her disability to the Chief
Justice, and to a judge who certifies in writing his or her disability to
the chief judge of the circuit in which the judge sits. A justice or judge
who is certified under this subparagraph as having a permanent disability
shall be deemed to have met the requirements of this subsection for each
calendar year thereafter.
`(2) Determinations of work performed under subparagraphs (A), (B), (C),
and (D) of paragraph (1) shall be made pursuant to rules promulgated by the
Judicial Conference of the United States. In promulgating such criteria, the
Judicial Conference shall take into account existing standards promulgated
by the Conference for allocation of space and staff for senior judges.
`(3) If in any year a justice or judge who retires under subsection (b)
does not receive a certification under this subsection (except as provided
in paragraph (1)(E)), he or she is thereafter ineligible to receive such
a certification.
`(4) In the case of any justice or judge who retires under subsection
(b) during a calendar year, there shall be included in the determination
under this subsection of work performed during that calendar year all work
performed by that justice or judge (as described in subparagraphs (A),
(B), (C), and (D) of paragraph (1)) during that calendar year before
such retirement.'.
(b) EFFECTIVE DATE-
(1) IN GENERAL- The amendments made by subsection (a) shall first apply
with respect to work performed on or after January 1, 1990, by a justice
or judge of the United States who has retired under section 371(b) of
title 28, United States Code.
(2) CALENDAR YEAR 1990- In the case of certifications required by section
371(f) of title 28, United States Code, for calendar year 1990--
(A) such certifications shall be based on the 10-month period beginning
on January 1, 1990, and ending on October 31, 1990, and shall be completed
not later than December 15, 1990;
(B) determinations of work performed under section 371(f) of title 28, United
States Code, shall be made pro rata on the basis of such 10-month period; and
(C) such certifications shall be deemed to be certifications made in
calendar year 1991.

bbdfd748db222a658de04e939679a22675bdfe8c81097862d3d894dbd412551e

(1) ADJUSTMENTS IN RATES OF PAY- (1) Notwithstanding any other provision
of law (including any provision of this Act or amendment made by this Act),
effective as provided in paragraph (2), the rate of pay of each office and
position of United States Senator, the President pro tempore of the Senate,
and the majority and minority leaders of the Senate shall be increased by--
(A) the percentage increase that would have taken effect in fiscal year 1988
if the provisions of section 601(a)(2) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 31(2)) were applied to the rate of pay of each such
office and position in effect on January 1, 1988 without regard to section
108 of the resolution entitled `Joint resolution making further continuing
appropriations for the fiscal year 1988, and for other purposes', approved
December 22, 1987 (101 Stat. 1329-434; 5 U.S.C. 5305 note);
(B) the percentage increase that would have taken effect in fiscal year 1989
if the provisions of section 601(a)(2) of the Legislative Reorganization Act
of 1946 (2 U.S.C. 31(2)) were applied to the rate of pay of each such office
and position in effect on January 1, 1989 (as adjusted under subparagraph
(A) of this paragraph) without regard to subsection (b) of section 620 of
the Treasury, Postal Service and General Government Appropriations Act,
1989 (Public Law 100-440; 102 Stat. 1757; 5 U.S.C. 5301 note); and
(C) the percentage increase that would take effect in fiscal year 1990
by the application of section 601(a)(2) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 31(2)) (as adjusted under subparagraphs (A) and (B)
of this paragraph) without regard to subsection (b) of section 616 of the
Treasury, Postal Service and General Government Appropriations Act, 1990
(Public Law 101-136).
(2) The increase in the rates of pay for each office and position described
under paragraph (1) shall be effective on the first day of the first pay
period beginning on or after January 1, 1990.
(b) REDUCTION OF HONORARIUM- Section 908(b) of the Supplemental
Appropriations Act, 1983 (2 U.S.C. 31-1) is amended by adding at the end
thereof the following new paragraph:
`(4) Notwithstanding the provisions of this subsection--
`(A) the percentage referred to under paragraphs (1) and (2) shall be 27
percent as such paragraphs apply to United States Senators in the calendar
year beginning on January 1, 1990; and
`(B)(i) beginning on and after January 1, 1991, if the aggregate salary
of a United States Senator is increased pursuant to section 601(a)(2)
of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)), section
225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.), or any other
provision of law, the percentage referred to under paragraphs (1) and (2)
(with respect to United States Senators) shall be reduced by a percentage
resulting in a dollar amount decrease in the limit of honorarium for each
dollar amount of increase of such aggregate salary.
`(ii) beginning on January 1 of the calendar year in which the adjustments
under clause (i) of this subparagraph result in a limitation of accepting
honoraria less than or equal to 1 percent of the aggregate salary paid
to United States Senators for service as Senators in such calendar year,
the acceptance of honoraria shall be prohibited, and thereafter no Senator
shall accept honoraria.'.

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TITLE XI

-PAY AND HONORARIA ADJUSTMENTS

The provisions of this Act 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.
Attest:
Secretary.
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Ethics Reform Act of 1989

Other Sections