Keith Mack
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. The Act was intended to combat government corruption and comprised six titles. The titles governed financial disclosure by executive branch officials, restricted lobbying efforts by public officials after leaving office, and established the United States Office of Government Ethics to oversee the federal ethics program. The Act has faced criticism for being either too weak or too strong, and a vote to repeal it took place in 1989, with the repeal coming into effect on January 1, 1991.
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What You'll Learn
The Ethics in Government Act of 1978
Improvements to the 1978 Act were made in 1989 through the Ethics Reform Act, which introduced civil penalties for appointees violating post-service employment regulations and expanded the scope to include all Executive Department employees holding a commission from the President.
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Criticisms of the Act
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 was intended to fight corruption in government. The Act created mandatory, public disclosure of financial and employment history for public officials and their immediate families. It also imposed restrictions on lobbying efforts by public officials after leaving public office and established the United States Office of Government Ethics to oversee the federal ethics program.
Favoring People with "Unearned" Wealth: Some critics argued that the Act favored individuals with "unearned" wealth, referring to those who already had substantial financial resources. In contrast, it was perceived to disadvantage those with "earned" additional income, often derived from law practices or other side endeavours. Democratic Representative David R. Bowen of Mississippi characterized the ethics climate shaped by the Act as a "witch-hunt."
Balancing the Provisions: Specific provisions of the Act have been criticized for being either too weak or too strong. The Special Prosecutor, established by Title VI, could initiate investigations with minimal evidence and was compelled to pursue accusations that the District Attorney could not refute. This dynamic enabled the legal harassment of political opponents, even in circumstances where prosecutors would typically have dismissed the case.
Violation of Separation of Powers: Justice Antonin Scalia, a judicial conservative, offered a dissenting opinion in the case of Morrison v. Olson. He argued that the Act violated the separation of powers principle enshrined in the U.S. Constitution. Scalia contended that the Act inappropriately extended the power to initiate criminal investigations to the United States House of Representatives and the Senate, powers that the Constitution grants exclusively to the Executive Branch.
Privacy Concerns: Critics have also raised concerns about the mandatory public disclosure requirements stipulated in the Act, arguing that they violate the privacy of public officials and their families. This criticism suggests that such disclosures may deter qualified individuals from pursuing public service due to the intrusive nature of these requirements.
Selective Enforcement: There are also concerns about the potential for selective enforcement of the Act's provisions. Critics point to instances of alleged abuse by Democrats during the Supreme Court case of Morrison v. Olson and the prolonged investigation of President Bill Clinton in the Monica Lewinsky scandal, suggesting partisan motivations.
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The Office of Government Ethics
The United States Office of Government Ethics (OGE) was created in 1978 by the Ethics in Government Act. The Act was passed in response to the Nixon Watergate scandal and the Saturday Night Massacre, with the aim of tackling corruption in government.
The OGE is an independent agency within the executive branch of the US Federal Government. It is responsible for providing oversight, policy, and guidance to the Executive Branch regarding ethics laws and policies. The OGE also directs executive branch policies relating to conflicts of interest involving federal executive branch officers and employees.
The OGE establishes the framework for public and confidential financial disclosure systems for executive branch employees. It also develops training and education programs for executive branch ethics officials and employees. The OGE ensures that individual agency ethics programs are functioning properly by setting, supporting, and reviewing requirements for them.
The Director of the OGE serves a five-year term, overlapping presidential terms, and is not subject to any term limit. The rest of the OGE employees are career civil servants. The OGE has the authority to grant limited regulatory exemptions, such as for certain financial interests arising from Native American birthrights.
The OGE also enforces various ethics laws and regulations, such as prohibitions on federal employees receiving compensation from outside sources or soliciting things of value in exchange for being influenced in the performance of their official duties.
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Restrictions on outside employment
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. The Act created mandatory, public disclosure of financial and employment history for public officials and their immediate families. It also established restrictions on lobbying efforts by public officials after leaving public office and formed the United States Office of Government Ethics to oversee federal ethics programs.
One of the key components of the Ethics in Government Act is the imposition of restrictions on outside employment for government employees. These restrictions aim to maintain impartiality and prevent conflicts of interest. Here is an overview of the provisions pertaining to outside employment:
- Limitations on Income and Compensation: Government employees are prohibited from receiving any salary, contributions, or supplementation of salary from outside sources as compensation for their government services. This ensures that their impartiality and integrity are not compromised.
- Restrictions on Representational Services: Federal employees are prohibited from directly or indirectly seeking or accepting compensation for representational services before a Federal court or government agency in matters involving the United States. Representational services include any communications with the intent to influence the government. However, there are limited exceptions, such as representing oneself, immediate family, or acting as a fiduciary.
- Restrictions on Acting as an Agent or Attorney: Statutes prohibit government employees from acting as agents or attorneys for anyone before a Federal court or agency, except in the proper discharge of their official duties.
- Prohibition on Using Public Office for Private Gain: Employees are prohibited from using their public office or position for their private gain or for the benefit of associated persons or organizations. They must not use their title or position to coerce others into providing benefits or endorse any product, service, or enterprise.
- Restrictions on Certain Outside Activities: Employees may need prior approval for certain outside activities, such as teaching and publishing. They are also encouraged to seek guidance from ethics officials to ensure compliance with restrictions.
- Post-Government Employment Restrictions: While the statute does not bar individuals from accepting post-government employment, it imposes restrictions on certain communications and appearances when they represent a third party back to the Federal Government.
- Financial Conflicts of Interest: Federal employees are prohibited from participating in matters where they have a financial conflict of interest. They must also take appropriate steps to avoid any appearance of loss of impartiality due to personal or business relationships.
- Supplemental Standards of Ethical Conduct: Employees of the Department of Justice are subject to supplemental standards, such as prior approval for outside activities related to their area of responsibility.
These restrictions on outside employment are designed to uphold the integrity of public service and prevent potential conflicts of interest that may arise from external engagements.
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Bribery of Public Officials Prohibition
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. The Act comprises six titles, which aim to fight corruption in government.
In addition to the Ethics in Government Act, there are other government-wide ethics laws that apply to federal employees. These laws, known as 18 U.S.C. §§ 201-209, include the Bribery of Public Officials Prohibition.
The Bribery of Public Officials Prohibition, or 18 U.S.C. § 201, prohibits federal employees from directly or indirectly receiving or soliciting anything of value in exchange for being influenced in the performance or non-performance of any official act. This includes giving testimony or committing fraud. The statute defines two distinct offenses: bribery and gratuities. Bribery, as defined in section 201(b), involves the giving or accepting of anything of value with the intent to influence an official act. Gratuities, as defined in section 201(c), involve a public official accepting something of value "for or because of" an official act, without the explicit quid pro quo of bribery. The distinction between bribery and gratuities is critical in terms of sentencing: a bribery conviction carries a maximum sentence of 15 years in prison, while a gratuity conviction carries a maximum sentence of 2 years.
In addition to the Bribery of Public Officials Prohibition, other ethics laws include restrictions on compensated representational activities and acting as an agent or attorney. These laws aim to maintain impartiality and avoid conflicts of interest for federal employees.
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Frequently asked questions
The Ethics in Government Act was created in 1978.
The Act was passed in the wake of the Nixon Watergate scandal and the Saturday Night Massacre. It was intended to fight corruption in government.
The Act created mandatory public disclosure of financial and employment history for public officials and their immediate families. It also placed restrictions on lobbying efforts by public officials after leaving office and established the United States Office of Government Ethics to oversee federal ethics programs.
Yes, specific provisions of the Act have been criticised as being either too weak or too strong. There have also been concerns about potential abuse of power and violations of the separation of powers.
