Sec. 8003. Requirements relating to slowing revolving door
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/bill/117/s/1/is/section-8003A 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 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. The term covered agency includes the Executive Office of the President. The term covered agency does not include— the Government Accountability Office; or the government of the District of Columbia. The term covered employee means an officer or employee referred to in subsection (c)(2) or (d)(1) of section 207 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 the term in section 109. The term former client , with respect to a covered employee, means a person for whom the covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the day before the date on which the covered employee begins service in the Federal Government. The term former client 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 included on the list published under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ); or the government of a territory or possession of the United States.
The term former employer , with respect to a covered employee, means a person for whom the covered employee served as an employee, officer, director, trustee, agent, attorney, consultant, or contractor during the 2-year period ending on the day before the date on which the covered employee begins service in the Federal Government. The term former employer 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 the term in section 207(i) of title 18, United States Code. A covered employee may not participate personally and substantially in any particular matter involving specific parties by which the covered employee knows that a material financial interest of a former employer or former client will be directly and predictably affected. The Director shall publish in the Federal Register regulations applicable to all or a portion of covered employees providing exemptions to the prohibition under paragraph (1).
The regulations under subparagraph
(A)shall include an exemption for any covered employee in a case in which a particular matter involves a financial interest described in paragraph
(1)that is too remote or too inconsequential to affect the integrity of the services provided by the covered employee. With respect to a 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 prohibition under subsection
(a)before the covered agency head engages in an action otherwise prohibited by that subsection, if the designated agency ethics official determines and certifies in writing that, in consideration of all relevant circumstances, the interest of the Federal Government in the participation of the covered agency head outweighs the concern that a reasonable person may question the integrity of the programs or operations of the covered agency. With respect to any covered employee not described in subparagraph (A), the head of the covered agency employing the covered employee, in consultation with the Director, may grant a written waiver of the prohibition under subsection
(a)before the covered employee engages in an action otherwise prohibited by that subsection, if the head of the covered agency determines and certifies in writing that, in consideration of all relevant circumstances, the interest of the Federal Government in the participation of the covered employee outweighs the concern that a reasonable person may question the integrity of the programs or operations of the covered agency. For any waiver granted under paragraph (1), the individual who granted the waiver shall— not later than 48 hours after the waiver is granted, submit to the Director a copy of the waiver; and not later than 30 calendar days after the date on which the waiver is granted, publish the waiver on the website of the applicable covered agency. On receipt of a written waiver under paragraph (2)(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 has an objection described in subparagraph (A)— provide reasons for the objection, in writing, to the head of the covered agency who granted the waiver by not later than 15 calendar days after the date on which the waiver was granted; and publish the objection on the website of the Office of Government Ethics by not later than 30 calendar days after the date on which 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 against the person a civil penalty of not more than the greater of— $100,000 for each violation; and 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 against a person under paragraph (1), 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 available by law to— the United States; or any other person. .
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