[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 244 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 244
To strengthen and enhance certain ethics requirements for the Federal
Government, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2021
Mr. Gomez (for himself and Mrs. Carolyn B. Maloney of New York)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Oversight and
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To strengthen and enhance certain ethics requirements for the Federal
Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Branch Conflict of
Interest Act''.
SEC. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE.
Section 209 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``any salary'' and
inserting ``any salary (including a bonus)''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) For purposes of paragraph (1), a pension, retirement,
group life, health or accident insurance, profit-sharing, stock
bonus, or other employee welfare or benefit plan that makes
payment of any portion of compensation contingent on accepting
a position in the United States Government shall not be
considered bona fide.''.
SEC. 3. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES
``SEC. 601. DEFINITIONS.
``In this title:
``(1) Covered agency.--The term `covered agency'--
``(A) means an Executive agency, as defined in
section 105 of title 5, United States Code, the Postal
Service and the Postal Rate Commission, but does not
include the Government Accountability Office or the
Government of the District of Columbia; and
``(B) shall include the Executive Office of the
President.
``(2) Covered employee.--The term `covered employee' means
an officer or employee referred to in paragraph (2) of section
207(c) of title 18, United States Code.
``(3) Director.--The term `Director' means the Director of
the Office of Government Ethics.
``(4) Executive branch.--The term `executive branch' has
the meaning given that term in section 109.
``(5) Former client.--The term `former client'--
``(A) means a person for whom a covered employee
served personally as an agent, attorney, or consultant
during the 2-year period ending on the date before the
date on which the covered employee begins service in
the Federal Government; and
``(B) does not include--
``(i) instances in which the service
provided was limited to a speech or similar
appearance by the covered employee; or
``(ii) a client of the former employer of
the covered employee to whom the covered
employee did not personally provide such
services.
``(6) Former employer.--The term `former employer'--
``(A) means a person for whom a covered employee
served as an employee, officer, director, trustee, or
general partner during the 2-year period ending on the
date before the date on which the covered employee
begins service in the Federal Government; and
``(B) does not include--
``(i) an entity in the Federal Government,
including an executive branch agency;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); or
``(v) the government of a territory or
possession of the United States.
``(7) Particular matter.--The term `particular matter' has
the meaning given that term in section 207(i) of title 18,
United States Code.
``SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS.
``(a) In General.--A covered employee may not use, or attempt to
use, the official position of the covered employee to participate in a
particular matter in which the covered employee knows a former employer
or former client of the covered employee has a financial interest.
``(b) Waiver.--
``(1) In general.--The head of the covered agency employing
a covered employee, in consultation with the Director, may
grant a written waiver of the restrictions under subsection (a)
prior to engaging in the action otherwise prohibited by
subsection (a) if, and to the extent that, the head of the
covered agency certifies in writing that--
``(A) the application of the restriction to the
particular matter is inconsistent with the purposes of
the restriction; or
``(B) it is in the public interest to grant the
waiver.
``(2) Publication.--The head of the covered agency shall
provide a waiver under paragraph (1) to the Director and post
the waiver on the website of the agency within 30 calendar days
after granting such waiver.
``SEC. 603. PENALTIES AND INJUNCTIONS.
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section 602
shall be fined under title 18, United States Code, imprisoned
for not more than 1 year, or both.
``(2) Willful violations.--Any person who willfully
violates section 602 shall be fined under title 18, United
States Code, imprisoned for not more than 5 years, or both.
``(b) Civil Enforcement.--
``(1) In general.--The Attorney General may bring a civil
action in an appropriate district court of the United States
against any person who violates, or whom the Attorney General
has reason to believe is engaging in conduct that violates,
section 602.
``(2) Civil penalty.--
``(A) In general.--If the court finds by a
preponderance of the evidence that a person violated
section 602, the court shall impose a civil penalty of
not more than the greater of--
``(i) $100,000 for each violation; or
``(ii) the amount of compensation the
person received or was offered for the conduct
constituting the violation.
``(B) Rule of construction.--A civil penalty under
this subsection may be in addition to any other
criminal or civil statutory, common law, or
administrative remedy available to the United States or
any other person.
``(3) Injunctive relief.--
``(A) In general.--In a civil action brought under
paragraph (1) against a person, the Attorney General
may petition the court for an order prohibiting the
person from engaging in conduct that violates section
602.
``(B) Standard.--The court may issue an order under
subparagraph (A) if the court finds by a preponderance
of the evidence that the conduct of the person violates
section 602.
``(C) Rule of construction.--The filing of a
petition seeking injunctive relief under this paragraph
shall not preclude any other remedy that is available
by law to the United States or any other person.''.
SEC. 4. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT FROM
GOVERNMENT CONTRACTORS.
(a) Expansion of Prohibition on Acceptance by Former Officials of
Compensation From Contractors.--Section 2104 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or consultant'' and
inserting ``attorney, consultant,
subcontractor, or lobbyist''; and
(ii) by striking ``one year'' and inserting
``2 years''; and
(B) in paragraph (3), by striking ``personally made
for the Federal agency'' and inserting ``participated
personally and substantially in''; and
(2) by striking subsection (b) and inserting the following:
``(b) Prohibition on Compensation From Affiliates and
Subcontractors.--A former official responsible for a Government
contract referred to in paragraph (1), (2), or (3) of subsection (a)
may not accept compensation for 2 years after awarding the contract
from any division, affiliate, or subcontractor of the contractor.''.
(b) Requirement for Procurement Officers To Disclose Job Offers
Made on Behalf of Relatives.--Section 2103(a) of title 41, United
States Code, is amended in the matter preceding paragraph (1) by
inserting after ``that official'' the following: ``, or for a relative
(as defined in section 3110 of title 5) of that official,''.
(c) Requirement on Award of Government Contracts to Former
Employers.--
(1) In general.--Chapter 21 of division B of subtitle I of
title 41, United States Code, is amended by adding at the end
the following new section:
``Sec. 2108. Prohibition on involvement by certain former contractor
employees in procurements
``An employee of the Federal Government may not be personally and
substantially involved with any award of a contract to, or the
administration of a contract awarded to, a contractor that is a former
employer of the employee during the 2-year period beginning on the date
on which the employee leaves the employment of the contractor.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 21 of title 41, United States Code, is
amended by adding at the end the following new item:
``2108. Prohibition on involvement by certain former contractor
employees in procurements.''.
(d) Regulations.--The Administrator for Federal Procurement Policy
and the Director of the Office of Management and Budget shall--
(1) in consultation with the Director of the Office of
Personnel Management and the Counsel to the President,
promulgate regulations to carry out and ensure the enforcement
of chapter 21 of title 41, United States Code, as amended by
this section; and
(2) in consultation with designated agency ethics officials
(as that term is defined in section 109(3) of the Ethics in
Government Act of 1978 (5 U.S.C. App.)), monitor compliance
with that chapter by individuals and agencies.
SEC. 5. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE
PRIVATE SECTOR.
(a) In General.--Subsection (c) of section 207 of title 18, United
States Code, is amended--
(1) in the subsection heading, by striking ``One-year'' and
inserting ``Two-year'';
(2) in paragraph (1), by striking ``1 year'' in each
instance and inserting ``2 years''; and
(3) in paragraph (2)(B), by striking ``1-year'' and
inserting ``2-year''.
(b) Application.--The amendments made by subsection (a) shall apply
to any individual covered by subsection (c) of section 207 of title 18,
United States Code, separating from the civil service on or after the
date of enactment of this Act.
SEC. 6. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
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