To make technical changes in the Ethics Reform Act of 1989.
PL 101-280 (H.J.Res.553), enacted 05/04/1990

PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 149 
Public Law 101-280 
101st Congress 
Joint Resolution 
To make technical changes in the Ethics Reform Act of 1989. 
Resolved by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 1. PURPOSE. 
It is the purpose of this joint resolution to make technical correc-
tions in the Ethics Reform Act of 1989. 
SEC. 2. AMENDMENTS PERTAINING TO TITLE I. 
(a) AMENDMENTS TO SECTION 207 OF TITLE 18.—Section 207 of title 
18, United States Code, as amended by section 101 of the Ethics 
Reform Act of 1989 (Public Law 101-194), is amended as follows: 
(1) Subsection (aXl) is amended— 
(A) bv inserting "(including any special Government em-
ployee) after "employee" the first place it appears; 
(B) by striking "Government" after "United States" each 
place it appears; 
(C) by striking "and any special Grovernment employee"; 
(D) by striking "as the case may be," each place it 
appears; 
(E) by striking "(except the United States)" and inserting 
"(except the United States or the District of Columbia)'; 
and 
(F) in subparagraph (A) by inserting "or the District of 
Columbia" after "United States". 
(2) Subsection (aX2) is amended— 
(A) by strildng "(Government" the first place it appears 
and inserting "or the District of Columbia"; 
(B) by striking "(except the United States)" and inserting 
"(except the United States or the District of Ck)lumbia)'; 
(C) in subparagraph (A) by inserting "or the District of 
Columbia" after "United States"; and 
(D) in subparagraph (B) by striking "Government". 
(3) Subsection (a) is amended by adding at the end the follow-
ing: 
"(3) CLARIFICATION OF RESTRICTIONS.—The restrictions contained 
in paragraphs (1) and (2) shall apply— 
* (A) in the case of an officer or employee of the executive 
branch of the United States (including any independent 
agency), only with respect to communications to or appearances 
before any officer or employee of any department, agency, court, 
or court-martial of the United States on behalf of any other 
person (except the United States), and only with respect to a 
matter in which the United States is a party or has a direct and 
substantial interest; and 
"(B) in the case of an officer or employee of the District of 
Columbia, only with respect to communications to or appear-
ances before any officer or employee of any department, agency. 
May 4,1990 
[H.J. Res. 553] 
Government 
organization and 
employees. 
District of 
Columbia. 
5 u s e app. 101 
note. 
104 STAT. 150 
PUBLIC LAW 101-280—MAY 4, 1990 
or court of the District of Columbia on behalf of any other 
person (except the District of Columbia), and only with respect 
to a matter in which the District of Columbia is a party or has a 
direct and substantial interest.". 
(4) Subsection (b)(1) is amended— 
(A) by striking "a former officer or employee" and insert-
ing "a former officer or employee of the executive branch of 
the United States (including any independent agency) and 
is"; 
(B) by striking "and any person described in subsection 
(e)(7)" and inserting "or any person who is a former officer 
or employee of the legislative branch or a former Member 
of Congress"; 
(C) by striking "and which is so designated by the appro-
priate department or agency, shall not, on the basis of that 
information, which the person knew or should have known 
was so designated, knowingly represent" and inserting 
"which is so designated by the appropriate department or 
agency, and which the person knew or should have known 
was so designated, shall not, on the basis of that informa-
tion, knowingly represent"; 
(D) by inserting a period o f before "1 year"; and 
(E) by striking "Government". 
(5) Subsection (c) is amended— 
(A) in paragraph (1) by striking "of the executive branch" 
and inserting "(including any special Government em-
ployee) of the executive branch of the United States"; and 
(B) in paragraph (2)— 
(i) in subparagraph (AXi)— 
(I) by inserting "specified in or" after "pay" the 
first place it appears; and 
(II) by striking "or a comparable or greater rate 
of pay under other authority,"; 
(ii) in subparagraph (A)(ii) by striking "basic rate o f 
each place it appears and inserting "rate of basic"; and 
(iii) by striking subparagraph (C) and redesignating 
subparagraph (D) as subparagraph (C). 
(6) Subsection (d) is amended— 
(A) in paragraph (1)(B) by striking "paid" and inserting 
"in the executive branch of the United States (including 
any independent agency)"; and 
(B) in paragraph (2)— 
(i) by amending the paragraph caption to read as 
follows: "PERSONS WHO MAY NOT BE CONTACTED"; and 
(ii) in subparagraph (B) by striking "other". 
(7) Subsection (e) is amended— 
(A) in paragraph (6) by striking "basic rate o f each place 
it appears and inserting "rate of basic"; and 
(B) in paragraph (7) in subparagraphs (L) and (M) by 
inserting "on or 
before "after the effective date" each 
place it appears. 
(8) Subsection (fKD is amended— 
(A) by striking "subsection (c), (d), or (e), as the case may 
be" and inserting "such subsection"; 
(B) in subparagraph (A)— 
(i) by striking "the interests of; and 
(ii) by striking "of the Government"; and 
PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 151 
(C) in subparagraph (B) by striking "of the Government". 
(9) Subsection (i) is amended by striking paragraph (1) and 
inserting the following: 
"(1) the term 'officer or employee', when used to describe the 
person to whom a communication is made or before whom an 
appearance is made, with the intent to influence, shall in-
clude— 
"(A) in subsections (a), (c), and (d), the President and the 
Vice President; and 
"(B) in subsection (f), the President, the Vice President, 
and Members of Congress;". 
(10) Subsection (j) is amended— 
(A) in paragraph (1)— 
(i) by striking "subsections (a), (c), (d), and (e)" and 
inserting "this section"; 
(ii) by striking "as an officer or employee o f and 
inserting "on behalf of; and 
(iii) by striking "Government" and inserting "or the 
District of (Dolumbia"; 
(B) in paragraph (3)— 
(i) by striking "subsections (c), (d), and (e)" and insert-
ing "this section"; and 
(ii) by striking "of which the United States is a 
member" and inserting "in which the United States 
participates, if the Secretary of State certifies in ad-
vance that such activity is in the interests of the 
United States"; 
(C) in paragraph (4)— 
(i) in the paragraph caption by striking "PERSONAL 
MATTERS AND SPECIAL" and inserting "SPECIAL"; 
(ii) by striking "apply to appearances" and all that 
follows through "subsections"; 
(iii) by striking "prevent a former officer or em-
ployee" and inserting "prevent an individual"; 
(iv) by striking "former officer's or employee's" and 
inserting "individual's"; and 
(v) by striking ", other than that regularly provided 
for by law or regulation for witnesses"; 
(D) in paragraph (5)— 
(i) by striking "(d), and (e)" and inserting "and (d)"; 
and 
(ii) by adding at the end the following: "For purposes 
of this paragraph, the term 'officer or employee' in-
cludes the Vice President."; and 
(E) in paragraph (6)— 
(i) in the first sentence by striking "a former 
Member" and all that follows through "employee)" and 
inserting "an individual"; and 
(ii) in the second sentence by striking "sentence, a 
former" and all that follows through the end of the 
paragraph and inserting the following: "sentence— 
"(A) a former officer or employee of the executive branch of 
the United States (including any independent agency) who is 
subject to the restrictions contained in subsection (a)(1) with 
respect to a particular matter may not, except pursuant to court 
order, serve as an expert witness for any other person (except 
the United States) in that matter; and 
104 STAT. 152 
PUBLIC LAW 101-280-MAY 4, 1990 
"(B) a former officer or employee of the District of Columbia 
who is subject to the restrictions contained in subsection (aXD 
with respect to a particular matter may not, except pursuant to 
court order, serve as an expert witness for any other person 
(except the District of Columbia) in that matter.". 
18 use 207 note. 
(b) EFFECTIVE DATE.—Section 102 of the Ethics Reform Act of 1989 
is amended— 
(1) in subsection (a)— 
(A) by striking "Subject to subsection (b)" and inserting 
"(1) Subject to paragraph (2) and to subsection (b)"; and 
(B) by adding at the end the following: 
"(2) Subject to subsection (b), the amendments made by section 101 
take effect at noon on January 3, 1991, with respect to Members of 
Congress (within the meaning of section 207 of title 18, United 
States Code)."; and 
(2) in subsection (b), by inserting ", the Vice President," after 
"Congress". 
SEC. 3. AMENDMENTS PERTAINING TO TITLE II. 
5 use app. 101 
Title I of the Ethics in Government Act of 1978 is amended as 
«'««9 
follows: 
(1) JUDICIAL CONFERENCE.—Title I is amended by striking "of 
the United States" after "Judicial Conference" each place it 
appears, except for section 109(9). 
5 use app. 101. 
(2) PERSONS REQUIRED TO FILE.—Section 101(e) is amended by 
striking "the later of May 15 or". 
5 use app. 102. 
(3) CONTENTS OF REPORTS.—Section 102 is amended— 
(A) in subsection (a)— 
, 
(i) in paragraph (IXA) by striking "such individuals" 
and inserting "the reporting individual"; 
(ii) in paragraph (3) by striking "parent, brother, 
sister, or child and inserting ", or by a parent, brother, 
sister, or child of the reporting individual or of the 
reporting individu£d's spouse,"; and 
(iii) in paragraph (4) by striking "relative" and 
inserting spouse, or a parent, brother, sister, or child 
of the reporting individual or of the reporting individ-
ual's spouse"; 
(B) in subsection (eXlXE) by inserting "of subsection (a)" 
after "(5)"; 
(C) in subsection (f)— 
(i) in paragraph (3)— 
(I) in subparagraph (AXiXH) by striking the 
comma after 'involved in"; 
(II) by amending subparagraph (AXiiXH) to read 
as follows: 
"(II) is not a partner of, or involved in any joint venture 
or other investment with, any interested party; and"; and 
(III) in subparagraph (F) by striking "this sec-
tion" and inserting title II of the Ethics Reform 
Act of 1989"; and 
(ii) in paragraph (6) (A) and (B) by striking "or neg-
ligently" each place it appears and inserting "and will-
fully, or negligently,"; and 
(D) by adding at the end of section 102 the following: 
"(i) A reporting individual shall not be required under this title to 
report— 
PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 153 
"(1) financial interests in or income derived from— 
"(A) any retirement system under title 5, United States 
Code (including the Thrift Savings Plan under subchapter 
III of chapter 84 of such title); or 
"(B) any other retirement system maintained by the 
United States for officers or employees of the United States, 
including the President, or for members of the uniformed 
services; or 
"(2) benefits received under the Social Security Act.". 
(4) FILING OF REPORTS.—Section 103 is amended— 
5 use app. 103. 
(A) in subsection (c) by inserting "individuals nominated 
to be judicial officers and" after "Houses of Congress other 
than"; 
(B) in subsection (d) by inserting "of the Office of Govern-
ment Ethics" after "Director"; 
(C) in subsection (e)— 
(i) by inserting "who is a candidate for nomination or 
election to the Office of President or Vice President" 
after "section 101(c)"; and 
(ii) by striking "Elections" and inserting "Election"; 
(D) in subsection (g) by striking "The Office of Govern-
ment Ethics" and inserting "Each supervising ethics 
office"; 
(E) by amending subsection (h)(l)(A)(i) to read as follows: 
"(AXi)(I) the Clerk of the House of Representatives, in the case 
of a Representative in Congress, a Delegate to Congress, the 
Resident Commissioner from Puerto Rico, an officer or em-
ployee of the Congress whose compensation is disbursed by the 
Clerk of the House of Representatives, an officer or employee of 
the Architect of the Capitol, the United States Botanic Garden, 
the Congressional Budget Office, the Government Printing 
Office, the Library of Congress, or the Copyright Royalty Tribu-
nal (including any individual terminating service, under section 
101(e), in any office or position referred to in this subclause), or 
an individual described in section 101(c) who is a candidate for 
nomination or election as a Representative in Congress, a Dele-
gate to Congress, or the Resident Commissioner from Puerto 
Rico; and 
"(II) the Secretary of the Senate, in the case of a Senator, an 
officer or employee of the Congress whose compensation is 
disbursed by the Secretary of the Senate, an officer or employee 
of the General Accounting Office, the Office of Technology 
Assessment, or the Office of the Attending Physician (including 
any individual terminating service, under section 101(e), in any 
office or position referred to in this subclause), or an individual 
described in section 101(c) who is a candidate for nomination or 
election as a Senator; and"; 
(F) in subsection (hXlXAXii)— 
(i) in subclause (I) by striking "congressional ethics 
committee" and inserting "Secretary of the Senate or 
the Clerk of the House of Representatives, as the case 
may be, as"; and 
(ii) in subclause (II)— 
(I) by striking "Senate Select Committee on 
Ethics' and inserting "Secretary of the Senate"; 
and 
104 STAT. 154 
PUBLIC LAW 101-280—MAY 4, 1990 
5 u s e app. 104. 
5 u s e app. 105. 
Public 
information. 
Defense and 
national 
security. 
eiassified 
information. 
(II) by striking "Committee on Standards of Offi-
cial Conduct" and inserting "Clerk"; and 
(G) by adding at the end of section 103 the following: 
"(i) A copy of each report filed under this title by a Member or an 
individual who is a candidate for the office of Member shall be sent 
by the Clerk of the House of Representatives or Secretary of the 
Senate, as the case may be, to the appropriate State officer des-
ignated under section 316(a) of the Federal Election Campaign Act 
of 1971 of the State represented by the Member or in which the 
individual is a candidate, as the case may be, within the 7-day period 
beginning on the day the report is filed with the Clerk or Secretary. 
"(jXD A copy of each report filed under this title with the Clerk of 
the House of Representatives shall be sent by the Clerk to the 
Committee on Standards of Official Conduct of the House of Rep-
resentatives within the 7-day period beginning on the day the report 
is filed. 
"(2) A copy of each report filed under this title with the Secretary 
of the Senate shall be sent by the Secretary to the Select Committee 
on Ethics of the Senate within the 7-day period beginning on the day 
the report is filed. 
"(k) In carrying out their responsibilities under this title with 
respect to candidates for office, the Clerk of the House of Represent-
atives and the Secretary of the Senate shall avail themselves of the 
assistance of the Federal Election Commission. The Commission 
shall make available to the Clerk and the Secretary on a regular 
basis a complete list of names and addresses of all candidates 
registered with the Commission, and shall cooperate and coordinate 
its candidate information and notification program with the Clerk 
and the Secretary to the greatest extent possible.". 
(5) FAILURE TO FILE.—Section 104 is amended— 
(A) in subsection (b), by striking "Chairman of the Ju-
dicial Conference" and inserting "Judicial Conference"; 
and 
(B) in subsection (dXD by striking "shall pay a filing fee of 
$200 to the miscellaneous receipts of the General Treasury" 
and inserting "shall, at the direction of and pursuant to 
regulations issued by the supervising ethics office, pay a 
filing fee of $200. All such fees shall be deposited in the 
miscellaneous receipts of the Treasury. The authority 
under this paragraph to direct the pajrment of a filing fee 
may be delegated by the supervising ethics office in the 
executive branch to other agencies in the executive 
branch.". 
(6) INDEPENDENT COUNSEL; CONFORMING AMENDMENTS.—(A) 
Section 105(a) is amended to read as follows: 
"SEC. 105. (a) Each agency, each supervising ethics office in the 
executive or judicial branch, the Clerk of the House of Representa-
tives, and the Secretary of the Senate shall make available to the 
public, in accordance with subsection 0>), each report filed under 
this title with such agency or office or with the Clerk or the 
Secretary of the Senate, except that— 
"(1) this section does not require public availability of a report 
filed by any individual in the Central Intelligence Agency, the 
Defense Intelligence Agency, or the National Security Agency, 
or any individual engaged in intelligence activities in any 
agency of the United States, if the President finds or has found 
that, due to the nature of the office or position occupied by such 
PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 155 
individual, public disclosure of such report would, be revealing 
the identity of the individual or other sensitive information, 
compromise the national interest of the United States; and such 
individuals may be authorized, notwithstanding section 104(a), 
to file such additional reports as are necessary to protect their 
identity from public disclosure if the President first finds or has 
found that such filing is necessary in the national interest; and 
"(2) any report filed by an independent counsel whose identity 
has not been disclosed by the division of the court under chapter 
40 of title 28, United States Code, and any report filed by any 
person appointed by that independent counsel under such chap-
ter, shall not be made available to the public under this title.'. 
(B) Section 105(bXl) is amended— 
5 USC app. 105. 
(i) in the first sentence— 
(I) by striking "and each supervising ethics office" 
and inserting ", each supervising ethics office in the 
executive or judicial branch, the Clerk of the House of 
Representatives, and the Secretary of the Senate"; and 
(II) by striking "bv such agency or office under this 
title" and inserting under this title by such agency or 
office or by the Clerk or the Secretary of the Senate, as 
the case may be,"; and 
(ii) in the second sentence by striking "or office" and 
inserting ", office. Clerk, or Secretary of the Senate, as the 
case may be"; and 
(C) Section 105(d) is amended— 
(i) by inserting "or to the Clerk of the House of Represent-
atives or the Secretary of the Senate" after "ethics office"; 
and 
(ii) by inserting "or by the Clerk or the Secretary of the 
Senate'^' after "or office'. 
(7) REVIEW OF REPORTS.—Section 106(b) is amended— 
5 use app. 106. 
(A) bv striking "the Chairman of the Judicial Con-
ference' each place it appears and inserting "a person 
designated by the Judicial Conference"; 
(B) in paragraph (1) by striking "Secretary concerned, 
designated agency ethics official, or" and inserting "the 
Secretary concerned, the designated agency ethics official,"; 
(C) in paragraph (2) by striking '^cretary concerned, 
designated agency ethics official or" and inserting "the 
Secretary concerned, the designated agency ethics official,"; 
(D) in paragraph (3) by striking 'Secretary concerned, 
designated agency ethics official, a congressional ethics 
committee, or the ' and inserting "the Secretary concerned, 
the designated agency ethics official, a person designated by 
a congressional ethics committee, or a person designated by 
the"; 
(E) in paragraph (4)— 
(i) by inserting "in the executive branch" after "posi-
tion"; and 
(ii) by striking "foreign service" and inserting "For-
eign Service"; 
(F) in paragraph (5) by striking "foreign service" and 
inserting "Foreign Service"; and 
(G) in paragraph (6) by striking "employee" and inserting 
"employee,". 
(8) DEFINITIONS.—Section 109 is amended— 
5 use app. 109. 
104 STAT. 156 
PUBLIC LAW 101-280—MAY 4, 1990 
(A) in paragraph (1) by striking "Senate Select Committee 
on Ethics" and inserting "Select Committee on Ethics of the 
Senate"; 
(B) in paragraph (4) by inserting ", other than the Gen-
eral Accounting Office," after "Code)"; 
(C) in paragraph (5)— 
(i) in subparagraph (C) by inserting ", the District 
of Columbia, or a State or local government or political 
subdivision thereof 
after "United States Govern-
ment"; 
(ii) by amending subparagraph (D) to read as follows: 
"(D) food and beverages which are not consumed in 
connection with a gift of overnight lodging;"; 
(iii) in subparagraph (E)— 
(I) by 
striking 
"individual" 
and 
inserting 
"individual,"; and 
(II) by adding "or" after the semicolon; and 
(iv) by adding after subparagraph (E) the following: 
"(F) consumable 
products 
provided 
by 
home-State 
businesses to the offices of a reporting individual who is an 
elected official, if those products are intended for consump-
tion by persons other than such reporting individual;"; 
(D) in paragraph (8)— 
(i) by striking "Tax Court," and inserting "United 
States Sentencing Commission, of the Tax Court, of the 
Claims Court,"; and 
(ii) by striking "who receives compensation" and all 
that follows through "Code" and inserting "who is paid 
at a rate of basic pay equal to or greater than the 
minimum rate of basic pay in effect for grade GS-16 of 
the General Schedule"; 
(E) in paragraph (10)— 
(i) by striking "the Canal Zone, Guam," and inserting 
"Guam, the Northern Mariana Islands,"; 
(ii) by striking "Court of Claims,"; and 
(iii) by inserting "Claims Court, Court of Veterans 
Appeals," after "Tax Court,"; 
(F) in paragraph (ISXBXD— 
(i) by striking "60 consecutive" and inserting "at 
least 60"; and 
(ii) by striking "equal to or in excess o f and insert-
ing "of basic pay equal to or greater than"; 
(G) in paragraph (15XA) by inserting ", the District of 
Columbia, or a State or local government or political sub-
division thereof after "Government"; 
(H) in paragraph (17)— 
(i) in subparagraph (A) by striking "and" after the 
semicolon; 
(ii) in subparagraph (B) by adding "and" after the 
semicolon; and 
(iii) by adding after subparagraph (B) the following: 
"(C) the Secretary of State, with respect to matters 
concerning the Foreign Service;"; and 
(I) in paragraph (18)— 
(i) in subparagraph (A) by striking "such committee" 
and inserting "the Secretary of the Senate"; 
PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 157 
(ii) in subparagraph (B) by striking "such committee" 
and inserting "the Clerk of the House of Representa-
tives"; and 
(iii) in subparagraph (D) by inserting "officers and" 
after "branch". 
(9) ADMINISTRATION OF PROVISIONS,—Section 111 is amended— 
5 use app. in. 
(A) in paragraph (2) by striking "Senate Select Committee 
on Ethics" and inserting "Select Committee on Ethics of the 
Senate"; 
(B) in paragraph (3) by striking "and clerk of the ap-
plicable court, as appropriate,"; and 
(C) by adding at the end the following: 
"The Judicial Conference may delegate any authority it has under 
this title to an ethics committee established by the Judicial Con-
ference.". 
(10) EFFECTIVE DATE FOR TITLE II.—(A) Section 112 of the 
Ethics in Government Act of 1978 (5 U.S.C. App.), as amended 
5 USC app. 112. 
by the Ethics Reform Act of 1989, is repealed. 
(B) Title II of the Ethics Reform Act of 1989 is amended by 
adding at the end the following: 
"SEC. 204. EFFECTIVE DATE. 
5 USC app. 101 
"The amendments made by this title and the repeal made by 
section 201 shall take effect on January 1, 1991, except that the 
provisions of section 102(fK4XB) of the Ethics in Government Act of 
1978, as amended by this title, shall be effective as of January 1, 
1990.". 
(C) The provisions of titles I, II, and III of the Ethics in 
5 USC app. lOl 
Government Act of 1978, as in effect on the day before the date 
note. 
of the enactment of the Ethics Reform Act of 1989, shall be 
effective for the period beginning on November 30, 1989, and 
ending on January 1, 1991, as if the Ethics Reform Act of 1989 
had not been enacted, except that the provisions of section 
202(fK4XB) of the Ethics in Government Act of 1978 shall be 5 USC app. 202. 
repealed as of January 1,1990. 
(D) Nothing in title II of the Ethics Reform Act of 1989 or the 5 USC app. lOl 
amendments made by such title shall be construed to prevent 
"o^e. 
the prosecution of civil actions against individuals for violations 
of the Ethics in Government Act of 1978 before January 1, 1991. 
SEC. 4. AMENDMENTS PERTAINING TO TITLE III. 
(a) GIFTS TO SUPERIORS.—Section 7351 of title 5, United States 
; 
Code, is amended— 
(1) in subsection (aX2) by inserting "or give a gift" after "gift"; 
and 
(2) in subsection (c)— 
(A) by striking "The Office of Government Ethics" and 
inserting "Each supervising ethics office (as defined in 
section 7353(dXl))"; and 
(B) by striking "similar circumstances" and inserting 
"circumstances in which gifts are traditionally given or 
exchanged". 
(h) REDESIGNATION.—(1) Section 1352 of title 31, United States 
Code, £is enacted by section 302 of the Ethics Reform Act of 1989, is 
amended by redesignating such section as section 1353. 
(2) The item relating to section 1352 of title 31, United States 
Code, as enacted by section 302 of the Ethics Reform Act of 1989, in 
104 STAT. 158 
PUBLIC LAW 101-280—MAY 4, 1990 
the table of sections at the beginning of chapter 13 of such title, is 
amended by striking "1352" and inserting "1353". 
(c) TRAVEL ACCEPTANCE AUTHORITY.—Section 1353 of title 31, 
United States Code, as redesignated by subsection (b) of this section, 
is amended— 
(1) in subsection (a) in the first sentence by striking "or 
employee in the executive branch may accept payment' and 
inserting "in the executive branch (including an independent 
agency) may accept payment, or authorize an employee of such 
agency to accept payment on the agency's behalf,"; 
(2) in subsection (b)— 
(A) by inserting "or 7342" after "section 4111"; and 
(B) in paragraph (2) by striking "(1)" and inserting "(1),"; 
and 
(3) in subsection (c)(1) by striking "any executive agency" and 
inserting "all executive agencies", 
(d) GIFTS TO FEDERAL EMPLOYEES.—Section 7353 of title 5, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1) by striking 
"branches" and inserting "branch"; and 
(B) in paragraph (1) by striking "regulated by the individ-
ual's employing agency" and inserting "regulated by, the 
individual's employing entity"; 
(2) in subsection (c) by striking "An employee" and inserting 
"A Member of Congress or an officer or employee"; and 
(3) in subsection (d)— 
(A) in parEigraph (1)— 
(i) in subparagraph (B) by striking "officers" and 
inserting "officers,"; and 
(ii) by amending subparagraph (E) to read as follows: 
"(E) in the case of legislative branch officers and 
employees other than those specified in subparagraphs 
(A) and (B), the committee referred to in either such 
subparagraph to which reports filed by such officers and 
employees under title I of the Ethics in Government Act of 
1978 are transmitted under such title, except that the 
authority of this section may be delegated by such commit-
tee with respect to such officers and employees; and"; and 
(B) in paragraph (2) by striking "Government" and insert-
ing "Government,". 
SEC. 5. AMENDMENTS PERTAINING TO TITLE IV. 
(a) DEFINITIONS.—(1) Section 202(c) of title 18, United States Code, 
is amended to read as follows: 
"(c) Except as otherwise provided in such sections, the terms 
'officer' and 'employee' in sections 203, 205, 207 through 209, and 218 
of this title shall not include the President, the Vice President, a 
Member of Congress, or a Federal judge.". 
(2) Section 202(d) of title 18, United States Code, is amended by 
striking "shall include" and inserting "means". 
(3) Section 202(e) of title 18, United States Code, is amended— 
(1) in paragraph (1) by striking "means any" and inserting 
"includes each"; and 
(2) in paragraph (3)— 
(A) by amending subparagraph (A) to read as follows: 
"(A) the Congress; and ; and 
PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 159 
(B) in subparagraph (B) by striking "an officer or em-
ployee" and inserting "the Office". 
O
t
)
) COMPENSATION IN MATTERS AFFECTING THE GOVERNMENT.— 
Section 203 of title 18, United States Code, is amended— 
(1) in subsection (aXlXB) by inserting "or Federal judge" after 
"employee"; 
(2) in subsection (aX2) by inserting "Commissioner Elect, Fed-
eral judge," after "Commissioner,"; 
(3) in subsection (bX2) by inserting "representational" before 
"services"; 
(4) in subsection (dXl) by striking "Government employee," 
and inserting "Government employee or as a special Govern-
ment employee"; and 
(5) by adding after subsection (e) the following new subsection: 
"(f) Nothing in this section prevents an individual from giving 
testimony under oath or from making statements required to be 
made under penalty of perjury.". 
(c) OTHER COMPENSATION OF OFFICERS AND EMPLOYEES.—Section 
205 of title 18, United States Code, is amended— 
(1) in subsection (aX2) by striking "any civil" and inserting 
"civil"; and 
(2) in subsection (bX2) by striking "any commission" and 
inserting "commission". 
(d) 
PENALTIES FOR PRIOR 
VIOLATIONS OF POST-EMPLOYMENT 
RESTRICTIONS.—Section 207 of title 18, United States Code, as in 
effect on the date of the enactment of this joint resolution, is 
amended by striking "shall be fined not more than $10,000 or 
imprisoned for not more than two years, or both" following subsec-
tion (c) and inserting "shall be subject to the penalties set forth in 
section 216 of this title". 
(e) ACTS AFFECTING A PERSONAL FINANCIAL INTEREST.—(1) Section 
208 of title 18, United States Code, is amended— 
(A) in subsection 03X2) by striking "paragraph (1)" and insert-
ing "subsection (a)"; 
(B) in subsection (bX3) by striking "section 107 of; and 
(C) by amending subsection (dXD to read as follows: 
"(dXl) Upon request, a copy of Euiy determination granting an 
Public 
exemption under subsection (bXD or 0^X3) shall be made available to 
information. 
the public by the agency granting the exemption pursuant to the 
procedures set forth in section 105 of the Ethics in Government Act 
of 1978. In making such determination available, the agency may 
withhold from disclosure any information contained in the deter-
mination that would be exempt from disclosure under section 552 of 
title 5. For purposes of determinations under subsection 0>X3), the 
information describing each financial interest shall be no more 
extensive than that required of the individual in his or her financial 
disclosure report under the Ethics in Government Act of 1978.". 
(2) Section 405{1XC) of the Ethics Reform Act of 1989 is amended 
is USC 208. 
by inserting "each place it appears" before "and inserting". 
(f) PENALTIES.—Section 216 of title 18, United States Code, is 
amended— 
(1) in subsection (a) by striking "sections 203, 204, 205, 207, 
208, and 209" and inserting "section 203, 204, 205, 207, 208, or 
209"; and 
(2) in subsection (b) by striking "sections 203, 204, 205, 207, 
208, and 209" and inserting "section 203, 204, 205, 207, 208, or 
209". 
39-194 O - 91 - 7 : QL 3 Part 1 
104 STAT. 160 
PUBLIC LAW 101-280—MAY 4, 1990 
SEC. 6. AMENDMENTS PERTAINING TO TITLE V. 
(a) SALE OF PROPERTY TO COMPLY WITH CONFLICT OF INTEREST 
REQUIREMENTS.—(1) Subsection (b) of section 1043 of the Internal 
26 use 1043. 
Revenue Code of 1986 is amended by adding at the end thereof the 
following new paragraph: 
"(5) SPECIAL RULE FOR TRUSTS.—For purposes of this section, 
the trustee of a trust shall be treated as an eligible person with 
respect to property which is held in the trust if— 
"(A) any person referred to in paragraph (1)(A) has a 
beneficial interest in the principal or income of the trust, or 
"(B) any person referred to in paragraph (IXB) has a 
beneficial interest in the principal or income of the trust 
and such interest is attributable under any statute, regula-
tion, rule, or executive order referred to in paragraph (2) to 
a person referred to in paragraph (IXA).". 
26 use 1043 
(2XA) For purposes of section 1043 of such Code— 
"°**- 
(i) any property sold before June 19, 1990, shall be treated as 
sold pursuant to a certificate of divestiture (as defined in subsec-
tion (bX2) thereof) if such a certificate is issued with respect to 
such sale before such date, and 
(ii) in any such case, the 60-day period referred to in subsec-
tion (a) thereof shall not expire before the end of the 60-day 
period beginning on the date on which the certificate of divesti-
ture was issued. 
(B) Notwithstanding subparagraph (A), section 1043 of such Code 
shall not apply to any sale before April 19,1990, unless— 
(i) the sale was made in order to comply with an ethics 
agreement or pursuant to specific direction from the appro-
priate agency or confirming committee, and 
(ii) the justification for the sale meets the criteria set forth in 
subsection (bX2XA) thereof as implemented by the interim regu-
lations implementing such section 1043, published on April 18, 
1990. 
26 use 1043 
(3) The amendment made by paragraph (1) and the provisions of 
"°*®- 
paragraph (2) shall apply to ssdes after November 30, 1989. 
(b) USE OF GOVERNMENT VEHICLES.—Section 503 of the Ethics 
Reform Act of 1989 (31 U.S.C. 1344 note) is amended in the first 
sentence by striking "shall" and inserting "may". 
(c) INTERIOR APPROPRIATIONS.—Section 505(b) of the Ethics Reform 
18 use 208 note. 
Act of 1989 is amended by striking "Fiscal Year 1988" and inserting 
"Fiscal Year 1989". 
(d) OTHER AMENDMENTS TO TITLE V.—Section 506 of the Ethics 
5 use 3393. 
Reform Act of 1989 is amended— 
(1) by amending paragraph (2) of subsection (b) to read as 
follows: 
"(2) in section 3393(g), by inserting after '1215,' the following: 
'3393a,'; 
5 use 7701. 
(2) by amending paragraph (6) of subsection (b) to read as 
follows: 
"(6) in section 7701(cXlXA), by striking 'of and inserting in 
' 
lieu thereof the following: 'or a removal from the Senior Execu-
tive Service for failure to be recertified under section 3393a 
of;"; 
22 use 3945. 
<8) i« the tuaendment n»6tde j ^ «ibeeofa^i ^Xl)> by redeeignat-
ing the new subsection being inserted at the end of section 305 
PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 161 
of the Foreign Service Act of 1980 as subsection (d) (rather than 
subsection (c)); and 
(4) by amending subparagraph (B) of subsection (cX3) to read 
10 USC 1601. 
as follows: 
"(B) by striking the period at the end of paragraph (7) and 
inserting in lieu thereof the following:'; and'". 
SEC. 7. AMENDMENTS PERTAINING TO TITLE VI. 
(a) CLARIFICATION OF SECTIONS 501(a) AND 502.—(1) Sections 501(a) 
(1) and (2) and 502 of the Ethics in Government Act of 1978, as 
amended by the Ethics Reform Act of 1989, are each amended by 
5 USC app. 501, 
striking "not a career civil servant" and inserting "a noncareer 
502. 
officer or employee". 
(2) Section 501(aX2) of the Ethics in Government Act of 1978, as 
amended by the Ethics Reform Act of 1989, is amended— 
(1) by striking "Member, officer or employee which" and 
inserting "Member or such an officer or employee which"; and 
(2) by striking "Member, officer or employee during" and 
inserting "Member or such officer or employee during". 
(b) CLARIFICATION OF SECTION 502.—Section 502 of the Ethics in 
Government Act of 1978, as amended by the Ethics Reform Act of 
1989, is amended— 
(1) in paragraph (1)— 
(A) by striking "affiliate with or be employed" and insert-
ing "receive compensation for affiliating with or being 
employed"; 
(B) by striking "to provide professional services which 
involves" and inserting "which provides professional serv-
ices involving"; and 
(C) by striking "for compensation"; and 
(2) in paragraph (3)— 
(A) by striking "practice" and inserting "receive com-
pensation for practicing"; and 
(B) by striking "for compensation". 
(c) ADMINISTRATION.—Section 503 of the Ethics in Government Act 
of 1978, as amended by the Ethics Reform Act of 1989, is amended by 
5 USC app. 503. 
amending paragraph (1) to read as follows: 
"(1) and administered by— 
"(A) the Committee on Standards of Official Conduct of 
the House of Representatives, with respect to Members, 
officers, and employees of the House of Representatives; 
and 
"(B) in the case of legislative branch officers and 
employees other than Senators, officers, and employees of 
the Senate and other than those officers and employees 
specified in subparagraph (A), the committee to which re-
ports filed by such officers and employees under title I are 
transmitted under such title, except that the authority of 
this section may be delegated by such committee with 
respect to such officers and employees;", 
(b) CONFORMING AMENDMENTS TO OTHER PROVISIONS OF LAW.—(1) 
Section 323(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441i(a)) is amended by inserting "or child after "spouse". 
(2) Section 908(a) of the Supplemental Appropriations Act, 1983 (2 
U.S.C. 31-l(a)), is amended in paragraphs (2) and (4) by inserting "or 
child" after "spouse" each place it appears. 
104 STAT. 162 
PUBLIC LAW 101-280—MAY 4, 1990 
5 u s e app. 105 
note. 
Public 
information. 
10 u s e 2397a 
note. 
SEC. 8. AMENDMENTS PERTAINING TO TITLE IX. 
Section 901 of the Ethics Reform Act of 1989 (2 U.S.C. 31-2) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (5)— 
(i) in subparagraph (B) by adding "or" after the 
semicolon; 
(ii) in subparagraph (C) by striking "; or" and insert-
ing a period; and 
(iii) by striking subparagraph (D); and 
(B) in paragraph (6)— 
(i) by redesignating subparagraphs (A) and (B) as 
subparagraphs (B) and (C), respectively; and 
(ii) by inserting after "subsection—" the following: 
"(A) the term 'foreign national' means a person acting 
directly or indirectly on behalf of a foreign corporation, 
partnership, or business enterprise, a foreign trade, cultur-
al, educational, or other association, a foreign political 
party, or a foreign government;"; and 
(2) in subsection Qy)— 
(A) by striking "(and 2 nights)"; 
(B) by striking "(and 6 nights)"; and 
(C) in the last sentence by striking "of a Member" and 
inserting "or child of such Member". 
SEC. 9. SAVINGS PROVISION. 
Those reports filed under title I, II, or III of the Ethics in Govern-
ment Act of 1978, as in effect before January 1, 1991, shall be made 
available to the public on or after such date in accordance with 
section 105 of that Act, as amended by the Ethics Reform Act of 
1989, and the provisions of such section shall apply with respect to 
those reports. 
SEC. 10. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF LAW. 
(a) SECTION 3730 OF TITLE 31.—Section 3730(e) of title 31, United 
States Code, is amended by striking "201(f)" and inserting "para-
graphs (1) through (8) of section 101(f)". 
(b) SECTION 2397a OF TITLE 10.—Section 2397a(aX4) of title 10, 
United States Code, is amended by striking "209(10)" and inserting 
"109(3)". 
(c) EFFECTIVE DATE.—The amendments made by subsections (a) 
and (b) shall take effect on January 1,1991. 
PUBLIC LAW 101-280—MAY 4, 1990 
104 STAT. 163 
SEC. 11. EFFECTIVE DATE. 
5 USC app. 101 
Except as otherwise provided in this joint resolution, this Act and 
the amendments made by this joint resolution take effect on the 
date of the enactment of this joint resolution. 
Approved May 4, 1990. 
LEGISLATIVE HISTORY—H.J. Res. 553: 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Apr. 24, considered and passed House. 
Apr. 26, considered and passed Senate.