,i #aafth ,,congress #ast ,session ,h4 ,r4 #eii ,,in ,,the ,,house ,,of ,,representatives ,january #af1 #bjai,mr4 ,cummings introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,oversight and ,reform1 for a period to be subsequently determined by the ,speaker1 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 ,government1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,executive ,branch ,conflict of ,interest ,act4 #b4 ,restrictions on private sector payment for government service ,section #bji of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking any salary and inserting any salary 7including a bonus72 and 7#b7 in subsection 7b7-- 7,a7 by inserting 7#a7 after 7b72 and 7,b7 by adding at the end the following3 7#b7 ,for purposes of paragraph 7#a71 a pension1 retirement1 group life1 health or accident insurance1 profit-sharing1 stock bonus1 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 fide4 4 #c4 ,requirements relating to slowing the revolving door 7a7 ,in general ,the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 ,,vi ,enhanced ,requirements for ,certain ,employees #fja4 ,definitions ,in this title3 7#a7 ,covered agency ,the term covered agency-- 7,a7 means an ,executive agency1 as defined in section #aje of title #e1 ,united ,states ,code1 the ,postal ,service and the ,postal ,rate ,commission1 but does not include the ,government ,accountability ,office or the ,government of the ,district of ,columbia2 and 7,b7 shall include the ,executive ,office of the ,president4 7#b7 ,covered employee ,the term covered employee means an officer or employee referred to in paragraph 7#b7 of section #bjg7;c7 of title #ah1 ,united ,states ,code4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,government ,ethics4 7#d7 ,executive branch ,the term executive branch has the meaning given that term in section #aji4 7#e7 ,former client ,the term former client-- 7,a7 means a person for whom a covered employee served personally as an agent1 attorney1 or consultant during the #b-year period ending on the date before the date on which the covered employee begins service in the ,federal ,government2 and 7,b7 does not include-- 7i7 instances in which the service provided was limited to a speech or similar appearance by the covered employee2 or 7ii7 a client of the former employer of the covered employee to whom the covered employee did not personally provide such services4 7#f7 ,former employer ,the term former employer-- 7,a7 means a person for whom a covered employee served as an employee1 officer1 director1 trustee1 or general partner during the #b-year period ending on the date before the date on which the covered employee begins service in the ,federal ,government2 and 7,b7 does not include-- 7i7 an entity in the ,federal ,government1 including an executive branch agency2 7ii7 a ,state or local government2 7iii7 the ,district of ,columbia2 7iv7 an ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 or 7v7 the government of a territory or possession of the ,united ,states4 7#g7 ,particular matter ,the term particular matter has the meaning given that term in section #bjg7;i7 of title #ah1 ,united ,states ,code4 #fjb4 ,conflict of interest and eligibility standards 7a7 ,in general ,a covered employee may not use1 or attempt to use1 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 interest4 7b7 ,waiver 7#a7 ,in general ,the head of the covered agency employing a covered employee1 in consultation with the ,director1 may grant a written waiver of the restrictions under subsection 7a7 prior to engaging in the action otherwise prohibited by subsection 7a7 if1 and to the extent that1 the head of the covered agency certifies in writing that-- 7,a7 the application of the restriction to the particular matter is inconsistent with the purposes of the restriction2 or 7,b7 it is in the public interest to grant the waiver4 7#b7 ,publication ,the head of the covered agency shall provide a waiver under paragraph 7#a7 to the ,director and post the waiver on the website of the agency within #cj calendar days after granting such waiver4 #fjc4 ,penalties and injunctions 7a7 ,criminal penalties 7#a7 ,in general ,any person who violates section #fjb shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #a year1 or both4 7#b7 ,willful violations ,any person who willfully violates section #fjb shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7b7 ,civil enforcement 7#a7 ,in general ,the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states against any person who violates1 or whom the ,attorney ,general has reason to believe is engaging in conduct that violates1 section #fjb4 7#b7 ,civil penalty 7,a7 ,in general ,if the court finds by a preponderance of the evidence that a person violated section #fjb1 the court shall impose a civil penalty of not more than the greater of-- 7i7 #ajj1jjj for each violation2 or 7ii7 the amount of compensation the person received or was offered for the conduct constituting the violation4 7,b7 ,rule of construction ,a civil penalty under this subsection may be in addition to any other criminal or civil statutory1 common law1 or administrative remedy available to the ,united ,states or any other person4 7#c7 ,injunctive relief 7,a7 ,in general ,in a civil action brought under paragraph 7#a7 against a person1 the ,attorney ,general may petition the court for an order prohibiting the person from engaging in conduct that violates section #fjb4 7,b7 ,standard ,the court may issue an order under subparagraph 7,a7 if the court finds by a preponderance of the evidence that the conduct of the person violates section #fjb4 7,c7 ,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 person4 4 #d4 ,prohibition of procurement officers accepting employment from government contractors 7a7 ,expansion of prohibition on acceptance by former officials of compensation from contractors ,section #bajd of title #da1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking or consultant and inserting attorney1 consultant1 subcontractor1 or lobbyist2 and 7ii7 by striking one year and inserting #b years2 and 7,b7 in paragraph 7#c71 by striking personally made for the ,federal agency and inserting participated personally and substantially in2 and 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,prohibition on compensation from affiliates and subcontractors ,a former official responsible for a ,government contract referred to in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a7 may not accept compensation for #b years after awarding the contract from any division1 affiliate1 or subcontractor of the contractor4 4 7b7 ,requirement for procurement officers ,to disclose job offers made on behalf of relatives ,section #bajc7;a7 of title #da1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by inserting after that official the following3 1 or for a relative 7as defined in section #caaj of title #e7 of that official14 7c7 ,requirement on award of government contracts to former employers 7#a7 ,in general ,chapter #ba of division ,b of subtitle ,i of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bajh4 ,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 to1 or the administration of a contract awarded to1 a contractor that is a former employer of the employee during the #b-year period beginning on the date on which the employee leaves the employment of the contractor4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #ba of title #da1 ,united ,states ,code1 is amended by adding at the end the following new item3 #bajh4 ,prohibition on involvement by certain former contractor employees in procurements4 4 7d7 ,regulations ,the ,administrator for ,federal ,procurement ,policy and the ,director of the ,office of ,management and ,budget shall-- 7#a7 in consultation with the ,director of the ,office of ,personnel ,management and the ,counsel to the ,president1 promulgate regulations to carry out and ensure the enforcement of chapter #ba of title #da1 ,united ,states ,code1 as amended by this section2 and 7#b7 in consultation with designated agency ethics officials 7as that term is defined in section #aji7c7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app4771 monitor compliance with that chapter by individuals and agencies4 #e4 ,revolving door restrictions on employees moving into the private sector 7a7 ,in general ,subsection 7c7 of section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking ,one-year and inserting ,two-year2 7#b7 in paragraph 7#a71 by striking #a year in each instance and inserting #b years2 and 7#c7 in paragraph 7#b77;,b71 by striking #a-year and inserting #b-year4 7b7 ,application ,the amendments made by subsection 7a7 shall apply to any individual covered by subsection 7c7 of section #bjg of title #ah1 ,united ,states ,code1 separating from the civil service on or after the date of enactment of this ,act4 #f4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4