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Library of Congress / Ethics 3/10/89 [OA 8747]
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323154567
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Library of Congress / Ethics 3/10/89 [OA 8747]
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Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Mark Davis Subject Files
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Originally Processed With FOIA(s):
FOIA Number:
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin:
Speechwriting, White House Office of
Series:
Davis, Mark, Files
Subseries:
Subject File, 1989-1991
OA/ID Number:
13872
Folder ID Number:
13872-013
Folder Title:
Library of Congress / Ethics, 3/10/89
Stack:
Row:
Section:
Shelf:
Position:
G
19
2
6
5
THE white HOUSE
WASHINGTON
- BOCA RAton?
- St. Petersburg
9860
MARTIN 215 878-7967 7967
w harten
pxo
185
&
125,
1/35 185
A great dray lib is the
diay of the human more.
G.
We are sending to the Hill today
We're an honest people, our values are
XXXXX theatened. no preaching no Carterisms- -
- no bis SERVICE MESSAGE, luid
Service not the central theme- -
but " gov. is a moule calling."
- VALUES: Family, public senure, have
pursonal sense of honor.
I Isay say
To the causal user, Asay this remide
officer Hill.
PRESS RELEASE
THE VICE PRESIDENT
OFFICE OF THE PRESS SECRETARY
July 26, 1988
FACT SHEET
VICE PRESIDENT'S SPEECH ON ETHICS IN GOVERNMENT
Speaking before Congressional Interns, the Vice President
outlined a comprehensive ethics in government program saying,
"What is intuitively right, will invariably be the written
rule."
The Ethics Program Rests on Six Principles
*
First, the right people. The recruitment of people
dedicated to public service is a sine qua non to any
ethics program. Talent and moral fiber will be the
yardstick by which candidates will be measured for
jobs in the Bush administration.
*
Second, bright-line and well understood rules of
conduct. The code of conduct for government
employees must be expressed in unambiguous terms,
with clear and concise definition.
*
Third, Congress must be covered by federal ethics
law. To hold otherwise is to set a double standard
that feeds public distrust and breeds cynicism.
*
Fourth, federal ethics law should provide for civil,
as well as enhanced criminal sanctions. This serves
two purposes: (i) it permits prosecutors to enforce
the law in a wider variety of situations and (ii)
it provides for penalties that are fair and
proportionate to the conduct under review.
*
Fifth, substantive provisions of federal ethics laws
should be amended to reach "revolving door" abuses
that are not proscribed under current law.
*
Sixth, the prestige and powers of the Office of
Government Ethics and Designated Agency Ethics
Officials should be enhanced and reinforced.
Simplification of the Government Ethics Code
*
The Vice President stated that he would simplify and
improve the current government ethics code to make
it clear and understandable. The standards of
conduct will be based on common sense. None will be
hyper-technical. What is intuitively correct will
invariably be the written rule.
White House Ethics Office
*
The Vice President will establish a White House
Ethics Office, the staff and resources of which are
dedicated solely to compliance with the federal
ethics program. The responsibilities of this office
would be to:
(i) Establish bright-line rules for White House
and executive branch personnel.
(ii) Issue advisory opinions to White House
personnel regarding conflict of interest
issues.
(iii) Investigate alleged ethical improprieties
committed by White House personnel.
(iv) Supervise mandatory annual ethics briefings
for White House personnel.
Designated Agency Ethics Officials ("DAEO's")
*
DAEO's are the front-line of the federal ethics
program. The Vice President proposes to increase
that profile and visibility and the resources
dedicated to agency ethics programs.
(i) He would establish a permanent ethics office
in each department and major agency, headed
by senior government officials of a rank such
as Deputy Assistant Secretary;
(ii) He would provide a permanent staff for each
such office dedicated solely to implementing
and monitoring compliance with the ethics
program;
- 2 -
(iii) The office/staff would be provided with
adequate funds to do the job and, indeed,
would be included as a separate line item in
the budget process;
(iv) The Vice President would require mandatory
annual briefings for all senior government
personnel by agency ethics officials.
Recruitment of Talented People, Dedicated to Public Service
*
The centerpiece of any federal ethics program is the
recruitment and retention of talented people. The
Vice President pledged to seek people of
unquestioned character, integrity, and dedication to
public service.
Standards of Conduct
*
The Vice President pledged to establish unambiguous,
clearly defined bright-line rules for standards of
conduct of White House and Executive Branch
personnel. He proposes to include in the Code the
following, without limitation:
(i) All blind trusts will be managed by
institutions -- not individuals;
(ii) No Presidential appointee may receive outside
earned income for services rendered while
holding office;
(iii) The term "negotiations" for prospective
employment, for purposes of triggering
disqualification or refusal action under 18
U.S.C. 208, will mean any affirmative step
taken by a government employee to initiate
job discussions or to follow-up on a job
feeler.
(iv) Formal rules will be adopted to govern all
White House contacts with investigative
agencies, including the requirement that all
such contacts be made through the Office of
White House counsel.
- 3 -
Substantive Conflicts of Interest
*
18 U.S.C. 208 makes it a felony to act on certain
matters of a personal financial interest while in
office. The felony is punishable by up to two years
in jail and a fine of $10,000. It is limited in its
use and application as currently drawn. The Vice
President proposes to:
(i) Extend 18 U.S.C. 208's prohibitions on acting
on matters of a personal financial interest
to members and senior staff of Congress.
(ii) Prohibit the acceptance of anything of
monetary value -- e.g., meals, entertainment,
travel -- by members and staff of Congress
and executive branch personnel from
lobbyists.
(iii) Provide for civil sanctions and proof of
misconduct by a preponderance of the evidence
for violation of 208.
(iv) Provide for enhanced criminal sanctions for
conduct that is undertaken with corrupt
purpose and specific intent to violate
208's prohibitions against acting on matters
of a personal financial interest.
Post-Employment Restrictions
*
18 U.S.C. 207 makes it a felony to engage in certain
post-employment activities that raise questions of
conflicts of interest. The scope of the
post-employment restrictions imposed by the statute
is sometimes confused. The statute is therefore
limited in its use and application. Violation of
the statute is punishable by up to two years in
prison and a fine of $10,000. The Vice President
proposes to:
- 4 -
(i) Eliminate the power of the Office of
Government Ethics to subdivide agencies and
cabinet departments for purposes of defining
- the scope of post-employment restrictions
under 18 U.S.C. 207, as proposed in the
Senate's Integrity in Post-Employment Act of
1988 ("the 1988 Post-Employment Act").
(ii) Bar members of Congress (and senior
Congressional staff) from lobbying Congress
for one year -- a one-year "cooling-off"
period -- as proposed in the 1988
Post-Employment Act.
(iii) Provide for civil sanctions and proof of
misconduct by a preponderance of the evidence
for violation of 207's post-employment
restrictions, as proposed in the 1988
Post-Employment Act.
(iv) Provide for enhanced criminal sanctions for
knowing and intended violation of 207's
post-employment restrictions, as proposed in
the 1988 Post-Employment Act.
(v) Prohibit the use of confidential information
in post-employment activity with civil and
criminal sanctions impose both the former
employee and his/her new employer in the
private sector.
Amy Schwantz
Ethics Report/ Read Sunday, fact sheet
July at the Filnay of Corpuss -
LEGIS. HAS TO BE READY TODAY / almost identical
to report
[LEGIS BUILDING upon REC. of commision
- Hajin - last speed, he propred to
have a separate W.H. Ethics office w/ Staff personal
no such thing - HE ENDORSED animond
post-emptoynent live since that Reagan
Ascor vetoed.
A
REC, #11
(playing field w/)
-Honania /
Conflict of Intent
30
level w/ Coryins
QUESTION: Do you want to talk to about Corpus
B
Consolidated Executaire Standards.
1
Ethics
200 interns/90 pages/
TUESDAY, April 14
Lib. of Cong.
("AgREAt lib. is the DiAny ofthe human race. ")
Exhort young people to Retuen AMERICA
to THE UNIVES that MADE OUR wation SREAT.
AvoiD PREACHING tone, / MORE of APERSONAL
APPEAL.
KEEP clean of DRUGS -"to the 50-called 'CAUSAL DRUg'
ABUSER I SAY REMEMBER the slAin officen."
( ChARliE Hill)
11 Goo. is A NoblE calling." As Congussional
INTERNS, AS STUDENTS iNTERESTED in GOVERNMENT,
MANY OF you will SERUE - AS civil SERVANTS,
sov. official - AND some, AS Members
of Congress."
Weseek
- UT MOST inTEGRiTY
EQUITABLE ACROSS 3 branches
- No UNREASONABLE RESTRICTIVE REQUIREMENTS
TO DISCOURAGE ALL CITIZENS.
- FAIR, OBJECTIVE, common SENSE STANDARDS
QUESTIONS -
(1)
EmphAsis on Compro / egp. honoraria prosec. special
(z)
CRimiNAl penalties Appling to Comms - on
Supplemental SALARY.
(s)
themos -
PRESIDENT'S COMMISSION ON FEDERAL ETHICS LAW REFORM
U.S. Department of Justice
10th Street and Constitution Avenue, N.W.
Washington, D.C., 20530
202-633-3522
CHAIRMAN
Malcolm Richard Wilkey
VICE CHAIRMAN
Griffix B. Bell
March 10, 1989
Jan Witold Baran
Judith Hippler Bello
Lloyd N. Cutler
Fred Fisher Fielding
Harrison H. Schmitt
TO SERVE WITH HONOR:
R. James Woolsey
REPORT OF THE PRESIDENTS COMMISSION
EXECUTIVE DIRECTOR
ON FEDERAL ETHICS LAW REFORM
Amy L. Schwartz
(202-456-7953)
FACT SHEET
BACKGROUND
On January 25, 1989, President Bush issued Executive Order 12668 creating the eight-
member President's Commission on Federal Ethics Law Reform. The order called for
the Commission to "review Federal ethics laws, Executive orders, and policies and
...
make recommendations to the President for legislative, administrative, and other reforms
needed to ensure full public confidence in the integrity of all Federal public officials and
employees." The Commission was called upon to provide its report to the President by
March 9, 1989.
In his remarks during the signing ceremony, President Bush asked Commission
Chairman Malcolm R. Wilkey and Vice-Chairman Griffin B. Bell to take a "fresh look"
at federal ethical standards, and he emphasized four key principles to guide the
Commission:
"One, ethical standards for public servants must be exacting enough to
ensure that the officials act with the utmost integrity and live up to the
public's confidence in them."
"Two, standards must be fair, they must be objective and consistent with
common sense."
o
"Three, the standards must be equitable all across the three branches of
the federal government."
"And the fourth one, we cannot afford to have unreasonably restrictive
requirements that discourage able citizens from entering public service."
COMMISSION ACTIVITIES
The Commission held five public meetings during February and March. Although time
constraints prevented the Commission from taking oral testimony, the Commission
invited interested organizations and individuals to submit their views in writing, and
ultimately received approximately 50 such written submissions. The 27
recommendations included in the Commission's final report were distilled from over 80
issue papers considered by the Commission members.
HIGHLIGHTS OF THE COMMISSION'S RECOMMENDATIONS
Conflicts of Interest
o
The Commission is recommending the extension to legislative staff and to
the judiciary of 18 U.S.C. 208, the federal statute that prohibits employees
from taking actions that affect their own financial interests. The
Commission is also proposing that one portion of the statute which
prohibits employees from taking actions that affect entities with which they
are negotiating for employment -- also apply to Members of Congress.
0
The Commission is recommending legislation to give the Office of
Government Ethics the authority to issue regulations granting waivers to
executive branch employees from the conflict-of-interest statute. Currently,
only individual agencies can issue such regulations. (The Commission did
not make a specific recommendation concerning what entity would have
the authority to issue waivers to legislative or judicial personnel.)
0
The Commission is recommending that the Office of Government Ethics,
working with the Department of Justice, issue regulations that would
clarify the requirements of the conflict-of-interest statute.
The Commission is recommending legislation that would authorize deferral
of taxes when individuals are required to divest themselves of assets to
comply with conflict-of-interest requirements.
Honoraria, Outside Activities, and Gifts
o
The Commission is recommending a ban on honoraria for all federal
officials and employees in all three branches of government.
0
The Commission is recommending the enactment of a statute creating a
uniform cap on the earned income that senior officials in all three
branches could receive. (The cap would be set as a percentage of each
individual's salary.) The President would have the authority to exempt
from the cap any category of earned income that he determined did not
2
present significant issues of ethical propriety or interfere with the full
performance of job duties.
The Commission is recommending that senior officials in all three
branches of government be barred from serving on the board of directors
of a for-profit enterprise and that requests by such employees to serve on
the boards of non-profit organizations be subject to case-by-case review.
o
The Commission is recommending the enactment of legislation making
uniform government-wide the authority for agencies and individuals to
accept gifts (including reimbursement of travel expenses, meals, etc.).
Post-Employment Restrictions
o
The Commission is recommending that the existing one-year post-
employment cooling-off period for senior executive branch employees also
apply to senior personnel in the legislative and judicial branches. (During
the cooling-off period, former employees are generally not permitted to
contact their former agencies.)
0
In connection with the one-year cooling-off period, the Commission is
recommending that "compartmentalization" of the Executive Office of the
President be terminated.
The Commission is recommending that Congress enact a new two-year bar,
applicable to executive and legislative personnel, against the disclosure, in
connection with a representation to the government or in connection with
aiding or advising a representation to the government, of defined non-
public government information, including procurement-related proprietary
or source selection information and, if specifically definable, information
about U.S strategy in international trade, disarmament, and finance
negotiations.
Financial Disclosure
0
The Commission is recommending legislation to change the seven
categories in the Ethics in Government Act for reporting assets and
income. It proposes that the cut-off for the highest category of asset
reporting be changed to "over $1 million" (from "over $250,000") and that
the highest category for income reporting be changed to "over $250,000"
(from "over $100,000").
o
The Commission is recommending that other categories for reporting of
assets and income be set by regulation rather than in the statute.
3
0
The Commission is recommending that political appointees no longer be
exempted from reporting liabilities in excess of $10,000 for home
mortgages and loans from relatives.
The Commission is recommending that financial reporting and review
requirements be made uniform across the three branches of government.
The Commission is recommending that officials from all three branches
coordinate in studying ways of simplifying the forms that must be filled out
by prospective presidential appointees for positions in the executive and
judicial branches.
Enforcement and Structure
Assuming the continued use of the Independent Counsel mechanism, the
Commission recommends the extension of the Independent Counsel statute
to cover the Congress.
The Commission is recommending the issuance of an updated Executive
Order setting ethical standards for executive branch employees and that a
consolidated set of standards-of-conduct regulations be issued to replace
most agency-specific regulations.
The Commission is recommending the creation of an independent ethics
office for the Congress, to be headed by an independent official, confirmed
by both houses.
The Commission supports the creation of a White House ethics council.
o
The Commission is recommending the enactment of additional remedies
for violation of criminal conflict of interest laws, including civil penalties,
misdemeanor penalties, injunctive relief, and, for post-employment-related
violations, expansion of administrative debarment authority.
PRESENTATION TO PRESIDENT BUSH
The Commission presented its report to President Bush yesterday, March 9, the date on
which the President had requested it. The eight Commission members will meet with
the President on Tuesday, March 14, to discuss their report and recommendations.
4
REQUIREMENT 31 TOO tar
ELiminATE ALL PACS
COULD - slide Ed., Mubamak - ethics lost
1) How ARE com Fortable in presenting
an a mooneys
thics legis ? Intalking About the whole
subject w/out sounDing preachy?
2) How FAR on Congress? PROGRAM incluas
NONORARIA, special prosec. / limits ON
"
I
supplemental SALARY.
STAND Disconft. EST, ARDS for self- influction
over Focused microscope
No
form
DRUGS
lime bulbco. / engs open -
not TOO stirt
some misure may
not into perception over
reality.
Albisn
eyec. orllen
4K
UniminD no of feans fe 2000
inx it well 8rad
A "2" & CARD "
the
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