Sec. 7003. 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) 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— instances in which the service provided was limited to a speech or similar appearance by the covered employee; or a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. The term former employer — 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 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 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. 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— the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or it is in the public interest to grant the waiver. 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. 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. 7003
Requirements relating to slowing the revolving door
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