Ethics Reform Act of 1989

Ethics Reform Act of 1989 - Title I: Post Employment Restrictions on the Executive and Legislative Branches - Amends the Federal criminal code to revise provisions regarding former officers or employees of the executive branch or the District of Columbia attempting to influence the Government or the District.

Prohibits such officers or employees for two years after Federal service ends, from representing or aiding and advising any person, with the intent to influence, regarding any trade or treaty negotiation in which the official participated personally and substantially within a period of two years before termination of employment.

Prohibits certain senior officials in the executive branch (including the President), for one year after such service ends, from attempting to influence the Government.

Prohibits former Members of Congress and elected officers of the Congress from attempting to influence any elected congressional official, or any congressional official in the House in which the ex-officer served, respectively, for one year after that individual leaves office regarding any matter pending before the Congress or any matter on which such former Member or elected officer seeks action by the Congress or by a congressional official in such official's official capacity.

Prohibits former personal staff employees of a Senator or Representative, within one year after that employment terminates, from attempting to influence any of the following persons in connection with any matter pending before the Congress or any matter on which such former employee seeks action by the Congress or by a congressional official in such official's official capacity: (1) the Member for whom that person was an employee; (2) any employee of such Member; or (3) any employee of the committees and subcommittees on which such Member serves as Chairman or Ranking Minority Member.

Prohibits former employees of a congressional committee, within one year after termination of such employment, from attempting to influence any current or former employee of such committee with respect to any matter pending before the Congress or any matter on which such former employee seeks action by the Congress or by a Member in the Member's official capacity.

Establishes a one-year ban for former Members or employees of the leadership staff of the House and Senate on attempting to influence certain parties in the Congress.

Prohibits former employees of any legislative office, within one year after termination of such employment, from attempting to influence current employees or officers of such office on any matter pending before such office or on any matter on which such individual seeks action by such employees or officers in an official capacity.

Declares that the prohibitions set forth in this Act apply only to acts done for compensation at a rate equal to or greater than the rate of pay for a GS-17.

Prohibits individuals subject to the prohibitions of this Act from representing the interests of a foreign entity before, or advising such entity to attempt to influence a decision of, any officer or employee of the Federal Government.

Revises the authority of the Director of the Office of Government Ethics in designating separate agencies and bureaus.

Makes specified prohibitions of this Act inapplicable to appearances or communications on behalf of, or advice to, an international organization of which the United States is a member.

Subjects violators of this title to penalties under the Federal criminal code.

Title II: Financial Disclosure of Federal Personnel - Amends the Ethics in Government Act of 1978 to add Members of Congress, congressional officers and employees, and specified presidential appointees to the list of Federal personnel required to file financial disclosure reports. Requires the reporting of income and honoraria exceeding $200 (currently, $100).

Revises financial reporting requirements for certain income by establishing new reporting categories above the current threshold of $100,000. Revises provisions excluding personal liabilities owed to a reporting individual by a relative by specifying that such exclusion applies only to liabilities owed by the spouse, parent, sibling, or child of the reporting individual.

Revises financial reporting requirements for assets, liabilities, and transactions in real property and securities by establishing new reporting categories above the current threshold of $250,000. Requires the reporting of gifts or reimbursements received by a dependent child of such individual which are not received independently of the relationship of the child to such individual.

Increases the civil penalties for violations of qualified blind trusts disclosure requirements.

Prohibits a reporting individual from being required to report the financial interests held by a widely held investment fund if such fund: (1) is publicly traded or the fund assets are widely diversified; and (2) the reporting individual does not exercise control over the financial interests held by the fund.

Revises provisions regarding the failure to file or the filing of false reports to: (1) increase the civil penalties for such offenses; (2) require each congressional ethics committee or the Chairman of the Judicial Ethics Committee to refer the names of individuals believed to have committed such offenses to the Attorney General; (3) authorize such officials to take any appropriate action against such individuals; and (4) require individuals filing later reports to pay a filing fee.

Applies public access requirements with respect to reports to supervising ethics offices. Exempts from public access reports filed by an independent counsel whose identity has not been disclosed. Increases the penalty for obtaining or using reports filed by individuals exempt from public disclosure reporting requirements.

Revises provisions with respect to the review of reports to: (1) set forth procedures for the review of such reports; and (2) authorize each supervising ethics office to render advisory opinions interpreting this title within its respective jurisdiction.

Authorizes each supervising ethics office (currently, the President) to require officers and employees under its jurisdiction (currently, executive branch officers and employees and special government employees) to file confidential financial disclosure reports in such form as the supervising ethics office may prescribe.

Requires the Comptroller General to conduct an annual study on whether financial disclosure requirements are being carried out effectively.

Prohibits Members of Congress or officers or employees covered by this title (other than special Government employees) from serving on the board of directors of: (1) any for-profit corporation or commercial enterprise; or (2) any nonprofit corporation or unincorporated nonprofit entity, if such officer or employee is receiving compensation for services. Allows such individuals to serve on the board of directors of a nonprofit corporation or unincorporated nonprofit entity if they are not receiving compensation for services. Authorizes the supervising ethics office for each branch to grant exemptions to such prohibitions for individuals or categories of individuals if such office or such a committee determines that there is an insignificant potential for conflicts-of-interests.

Makes technical amendments to provisions concerning notifications of actions to comply with ethics agreements.

Requires the Judicial Conference of the United States to establish and maintain a Judicial Ethics Committee which shall be responsible for developing the forms for reporting the information required by this title and for receiving and making available the reports described under this title.

Amends rule XXXIV of the Standing Rules of the Senate to direct the Select Committee on Ethics to transmit a copy of each financial disclosure report filed with it to the head of the employing office of the individual filing the report.

Establishes the President's Commission on the Federal Appointment Process to study the simplification of the presidential appointment process by reducing the number and complexity of forms to be completed by nominees. Directs the Commission to submit a report of such study to the President.

Title III: Gifts and Travel - Revises provisions with respect to gifts to superiors to: (1) authorize the Office of Government Ethics to issue regulations exempting voluntary gifts given or received for special occasions such as marriage or retirement from prohibitions on gifts to superiors; and (2) repeal the requirement that employees violating such provisions be removed from the service to instead subject such an employee to appropriate disciplinary action by the employing agency or entity.

Authorizes heads of executive branch agencies to accept payment and reimbursement from non-Federal entities for travel expenses incurred by their employees for attending Government functions. Prohibits the acceptance of payments which attach conditions inconsistent with applicable laws or which are conditioned upon the expenditure of appropriated funds unless such expenditure has been authorized.

Directs executive branch agencies accepting such payments or reimbursements to report to the Office of Government Ethics on October 1 and April 1 of each year 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. Requires the Office to make each such report available to the public.

Prohibits Federal employees and officials and Members of Congress from soliciting or accepting anything of value from a person: (1) seeking official action from, doing business with, or 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. Authorizes each supervising ethics office to issue rules or regulations implementing such prohibition and providing for reasonable exceptions. Prohibits the acceptance of any gift by a Member, officer, or employee in return for being influenced in the performance of any official act. Provides that employees who violate such prohibition shall be subject to appropriate disciplinary and other remedial action.

Amends rule XXXV of the Standing Rules of the Senate to: (1) prohibit Members, officers, and employees of the Senate or their spouses or dependents from knowingly accepting any gifts totaling over $300 a year unless a waiver is granted by the Select Committee on Ethics; (2) increase from $35 to $75 the amount of gifts for which such prohibition does not apply; and (3) include entertainment within the definition of a gift. Provides that necessary expenses do not include expenses for food, lodging, or transportation for: (1) domestic travel in excess of three days and foreign travel in excess of seven days, unless such travel is approved by the Committee on Ethics; or (2) anyone accompanying Members, officers, or employees of the Senate other than their spouses or an employee acting as an aide to a Member.

Title IV: Amendments to Title 18 of the United States Code - Amends Federal criminal code provisions regarding the following to provide that the punishment for an offense under such provisions shall be imprisonment for not more than one year, or not more than five years for willful offenses, or a fine in accordance with the criminal code, or both: (1) compensation to Members of Congress, officers, and others in matters affecting the Government; (2) practice in the United States Claims Court or Court of Appeals for the Federal Circuit by such Members; (3) activities of officers and employees in claims against and other matters affecting the Government; (4) acts affecting a personal financial interest; and (5) salary of Government officials and employees payable only by the United States.

Includes officers and employees of the District of Columbia among individuals subject to provisions with respect to: (1) compensation to Members of Congress, officers, and others in matters affecting the Government; and (2) activities of officers and employees in claims against and other matters affecting the Government.

Prohibits provisions concerning acts affecting a personal financial interest from applying: (1) in the case of a special Government employee serving on an advisory committee if the official responsible for the employee's appointment certified 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 (2) if the financial interest that would be affected results solely from the interest of such officer or employee or his or her spouse or minor child in birthrights in certain Indian groups, or in an individual or tribal allotments, or claims fund if the covered matter does not involve such a group as a specific party or parties. Requires copies of any determination granting an exemption for such employees to be submitted to the Director of the Office of Government Ethics who shall make all such determinations available to the public. Requires the information from the financial disclosure reports describing the asset that necessitated the waiver to be available to the public. Prohibits public disclosure of information with respect to such employees that is classified information.

Authorizes the Attorney General to bring a civil action in the appropriate U.S. district court against any person who engages in conduct constituting an offense under such provisions. Subjects an individual proven to have engaged in such conduct by a preponderance of the evidence to a civil penalty of the greater of $50,000 for each violation or the amount of compensation the person received for the prohibited conduct. States that the imposition of a civil penalty or the filing of such a petition does not preclude any other remedy which is available by law to the United States or any other person. Provides that if the Attorney General believes that a person is engaging in conduct constituting an offense under such provisions he or she may petition an appropriate U.S. district court for an order enjoining such conduct.

Amends the Federal criminal code to prohibit any person from lobbying a Federal agency, commission, or court on behalf of anyone other than the United States if compensation for such lobbying is contingent on: (1) any action of the Congress or passage or defeat of legislation; or (2) the securing or denial of a Federal grant or contract or other Federal financial assistance. Excepts lobbying to collect a debt owed by the Government or a contract or tort claim against the Federal Government.

Title V: Other Ethics Reforms - Provides that if the Senate Ethics Committee determines that there is reason 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 investigate the matter.

Amends the Internal Revenue Code to provide for the nonrecognition of gains for sales of property to comply with conflict-of-interest requirements.

Amends the Federal Election Campaign Act of 1971 to: (1) repeal provisions that exempt Members of Congress in office on January 8, 1980, from the prohibition against converting excess campaign funds to personal use; and (2) treat an honorarium as being accepted only in the year in which it was earned.

Repeals a provision restricting payment to certain U.S. officers for furnishing war materials to the United States.

Title VI: Rulemaking Power of the Congress - States that the provisions of this Act applicable to Members, officers, or employees of the legislative branch are enacted by the Congress as an exercise of its rulemaking power with full recognition of the constitutional right of either House to change such rules.