Sec. 8003. Requirements relating to slowing the revolving door
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The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: In this title: The term covered agency — 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 shall include the Executive Office of the President. The term covered employee means an officer or employee referred to in paragraph
(2)of section 207(c) or paragraph
(1)of section 207(d) of title 18, United States Code. The term Director means the Director of the Office of Government Ethics. The term executive branch has the meaning given that term in section 109. The term former client — 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 does not include any agency or instrumentality of the Federal Government. The term former employer — means a person for whom a covered employee served as an employee, officer, director, trustee, agent, attorney, consultant, or contractor during the 2 year period ending on the date before the date on which the covered employee begins service in the Federal Government; and does not include— an entity in the Federal Government, including an executive branch agency; a State or local government; the District of Columbia; an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); or the government of a territory or possession of the United States. The term particular matter has the meaning given that term in section 207(i) of title 18, United States Code. A covered employee may not participate personally and substantially in a particular matter in which the covered employee knows or reasonably should have known that a former employer or former client of the covered employee has a financial interest. With respect to the head of a covered agency who is a covered employee, the Designated Agency Ethics Official for the Executive Office of the President, in consultation with the Director, may grant a written waiver of the restrictions under subsection
(a)before the head engages in the action otherwise prohibited by such subsection if the Designated Agency Ethics Official for the Executive Office of the President determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the head’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations. With respect to any covered employee not covered by subparagraph (A), the head of the covered agency employing the covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection
(a)before the covered employee engages in the action otherwise prohibited by such subsection if the head of the covered agency determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the covered employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations. For any waiver granted under paragraph (1), the individual who granted the waiver shall— provide a copy of the waiver to the Director not less than 48 hours after the waiver is granted; and publish the waiver on the website of the applicable agency within 30 calendar days after granting such waiver. Upon receiving a written waiver under paragraph (1)(A), the Director shall— review the waiver to determine whether the Director has any objection to the issuance of the waiver; and if the Director so objects— provide reasons for the objection in writing to the head of the agency who granted the waiver not less than 15 calendar days after the waiver was granted; and publish the written objection on the website of the Office of Government Ethics not less than 30 calendar days after the waiver was granted. Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. 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. 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. 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— $100,000 for each violation; or the amount of compensation the person received or was offered for the conduct constituting the violation. 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. 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. 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. 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. .
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Sec. 8003
Requirements relating to slowing the revolving door
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