Sec. 3. Requirements relating to slowing the revolving door among certain executive branch employees
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/bill/116/s/156/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 terms designated agency ethics official and executive branch have the meanings given those terms under section 109. In this title: The term covered agency — means— an Executive agency; the Postal Service; and the Postal Rate Commission; includes the Executive Office of the President; and does not include the Government Accountability Office or the government of the District of Columbia.
The term covered employee means an officer or employee described in section 207(c)(2) of title 18, United States Code. The term Director means the Director of the Office of Government Ethics. The term Executive agency has the meaning given the term in section 105 of title 5, United States Code. 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 (after such service) on which the covered employee begins service in the Federal Government; and does not include— a person for whom a covered employee served as described in subparagraph
(A)if the service provided was limited to a speech or similar appearance; or a client of the former employer of the covered employee to whom the covered employee did not personally provide services described in subparagraph (A). 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 (after such service) on which the covered employee begins service in the Federal Government; and does not include— an entity in the Federal Government, including an Executive agency; a State or local government; or an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term State has the meaning given the term in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ). A covered employee shall not make, participate in making, or in any way attempt to use the official position of the covered employee to influence a particular matter that provides a direct and substantial pecuniary benefit for a former employer or former client of the covered employee. A covered employee shall recuse himself or herself from any official action that would violate subsection (a). 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)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 Director shall make each waiver granted under paragraph
(1)publicly available on the website of the Office of Government Ethics. Except as provided in subsection (c), and notwithstanding any other provision of law, a covered employee may not participate in any particular matter that involves, to the knowledge of the covered employee, an individual or entity with whom the covered employee is in negotiations of future employment or has an arrangement concerning prospective employment. If a covered employee begins any negotiations of future employment with another individual or entity, or an agent or intermediary of another individual or entity, or other discussion or communication with another individual or entity, or an agent or intermediary of another individual or entity, mutually conducted with a view toward reaching an agreement regarding possible employment of the covered employee, the covered employee shall notify the designated agency ethics official of the covered agency employing the covered employee regarding the negotiations, discussions, or communications. A designated agency ethics official receiving notice under paragraph (1), after consultation with the Director, shall inform the covered employee of any potential conflicts of interest involved in any negotiations, discussions, or communications with the other individual or entity and the applicable prohibitions. The head of a covered agency may only grant a waiver of the prohibition under subsection
(a)if— the head of the covered agency determines that exceptional circumstances exist; and the Director reviews the circumstances relating to the waiver and the determination of the head of the covered agency under subparagraph
(A)and determines that exceptional circumstances exist. For any waiver granted under paragraph (1), the Director shall make publicly available on the website of the Office of Government Ethics the waiver, which shall include— the name of each private individual or entity involved in the negotiations or arrangement concerning prospective employment; and the date on which the negotiations or arrangements commenced. For purposes of this section, the term negotiations of future employment is not limited to discussions of specific terms or conditions of employment in a specific position. The Director shall— receive all employment histories, recusal and waiver records, and other disclosure records for covered employees necessary for monitoring compliance with this title; not later than 180 days after the date of enactment of this title and in consultation with the Director of the Office of Personnel Management and the Attorney General, promulgate rules and regulations to implement this title; when appropriate, provide guidance and assistance to facilitate compliance with this title; review advice provided by designated agency ethics officials, and, when necessary, assist designated agency ethics officials in providing advice, to covered employees regarding compliance with this title; and if the Director determines that a violation of this title may have occurred, the Director shall, in consultation with the designated agency ethics official of the covered agency employing the covered employee alleged to have violated this title and the Counsel to the President, refer the compliance case to the United States Attorney for the District of Columbia for enforcement action. Any person who violates section 602 or 603 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 or 603 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 or 603. Upon proof by a preponderance of the evidence that a person violated section 602 or 603, 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 shall 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 or 603. 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 or 603. 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. 3
Requirements relating to slowing the revolving door among certain executive branch employees
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