,,ii #aafth ,,congress #ast ,session ,s4 #aef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #af1 #bjai ,ms4 ,baldwin introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to prevent conflicts of interest that stem from executive branch employees receiving bonuses or other compensation arrangements from non-,government sources1 from the revolving door that raises concerns about the independence of executive branch employees1 and from the revolving door that casts aspersions over the awarding of ,government contracts and other financial benefits4 #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 7a7-- 7,a7 by striking any salary and inserting any bonus or salary2 and 7,b7 by striking his services and inserting services rendered or to be rendered2 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 compensation contingent on accepting a position in the ,federal ,government shall not be considered bona fide4 7#c7 ,for purposes of paragraph 7#b71 compensation includes a retention award or bonus1 severance pay1 and any other payment linked to future service in the ,federal ,government in any way4 4 #c4 ,requirements relating to slowing the revolving door among certain executive branch employees 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 ,special requirements for certain executive branch employees #fja4 ,definitions 7a7 ,in general ,in this title1 the terms designated agency ethics official and executive branch have the meanings given those terms under section #aji4 7b7 ,other definitions ,in this title3 7#a7 ,covered agency ,the term covered agency-- 7,a7 means-- 7i7 an ,executive agency2 7ii7 the ,postal ,service2 and 7iii7 the ,postal ,rate ,commission2 7,b7 includes the ,executive ,office of the ,president2 and 7,c7 does not include the ,government ,accountability ,office or the government of the ,district of ,columbia4 7#b7 ,covered employee ,the term covered employee means an officer or employee described in section #bjg7;c77#b7 of title #ah1 ,united ,states ,code4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,government ,ethics4 7#d7 ,executive agency ,the term ,executive agency has the meaning given the term in section #aje of title #e1 ,united ,states ,code4 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 7after such service7 on which the covered employee begins service in the ,federal ,government2 and 7,b7 does not include-- 7i7 a person for whom a covered employee served as described in subparagraph 7,a7 if the service provided was limited to a speech or similar appearance2 or 7ii7 a client of the former employer of the covered employee to whom the covered employee did not personally provide services described in subparagraph 7,a74 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 7after such service7 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 agency2 7ii7 a ,state or local government2 or 7iii7 an ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#g7 ,state ,the term ,state has the meaning given the term in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 #fjb4 ,conflict of interest and eligibility standards for covered employees 7a7 ,in general ,a covered employee shall not make1 participate in making1 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 employee4 7b7 ,recusal ,a covered employee shall recuse himself or herself from any official action that would violate subsection 7a74 7c7 ,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 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 ,director shall make each waiver granted under paragraph 7#a7 publicly available on the website of the ,office of ,government ,ethics4 #fjc4 ,negotiating future private sector employment 7a7 ,prohibition ,except as provided in subsection 7c71 and notwithstanding any other provision of law1 a covered employee may not participate in any particular matter that involves1 to the knowledge of the covered employee1 an individual or entity with whom the covered employee is in negotiations of future employment or has an arrangement concerning prospective employment4 7b7 ,disclosure of employment negotiations 7#a7 ,in general ,if a covered employee begins any negotiations of future employment with another individual or entity1 or an agent or intermediary of another individual or entity1 or other discussion or communication with another individual or entity1 or an agent or intermediary of another individual or entity1 mutually conducted with a view toward reaching an agreement regarding possible employment of the covered employee1 the covered employee shall notify the designated agency ethics official of the covered agency employing the covered employee regarding the negotiations1 discussions1 or communications4 7#b7 ,information ,a designated agency ethics official receiving notice under paragraph 7#a71 after consultation with the ,director1 shall inform the covered employee of any potential conflicts of interest involved in any negotiations1 discussions1 or communications with the other individual or entity and the applicable prohibitions4 7c7 ,waivers only when exceptional circumstances exist 7#a7 ,in general ,the head of a covered agency may only grant a waiver of the prohibition under subsection 7a7 if-- 7,a7 the head of the covered agency determines that exceptional circumstances exist2 and 7,b7 the ,director reviews the circumstances relating to the waiver and the determination of the head of the covered agency under subparagraph 7,a7 and determines that exceptional circumstances exist4 7#b7 ,publication ,for any waiver granted under paragraph 7#a71 the ,director shall make publicly available on the website of the ,office of ,government ,ethics the waiver1 which shall include-- 7,a7 the name of each private individual or entity involved in the negotiations or arrangement concerning prospective employment2 and 7,b7 the date on which the negotiations or arrangements commenced4 7d7 ,scope ,for purposes of this section1 the term negotiations of future employment is not limited to discussions of specific terms or conditions of employment in a specific position4 #fjd4 ,recordkeeping ,the ,director shall-- 7#a7 receive all employment histories1 recusal and waiver records1 and other disclosure records for covered employees necessary for monitoring compliance with this title2 7#b7 not later than #ahj days after the date of enactment of this title and in consultation with the ,director of the ,office of ,personnel ,management and the ,attorney ,general1 promulgate rules and regulations to implement this title2 7#c7 when appropriate1 provide guidance and assistance to facilitate compliance with this title2 7#d7 review advice provided by designated agency ethics officials1 and1 when necessary1 assist designated agency ethics officials in providing advice1 to covered employees regarding compliance with this title2 and 7#e7 if the ,director determines that a violation of this title may have occurred1 the ,director shall1 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 ,president1 refer the compliance case to the ,united ,states ,attorney for the ,district of ,columbia for enforcement action4 #fje4 ,penalties and injunctions 7a7 ,criminal penalties 7#a7 ,in general ,any person who violates section #fjb or #fjc 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 or #fjc 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 #fjb or #fjc4 7#b7 ,civil penalty 7,a7 ,in general ,upon proof by a preponderance of the evidence that a person violated section #fjb or #fjc1 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 shall 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 #fjb or #fjc4 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 #fjb or #fjc4 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 consultant1 lawyer1 or lobbyist2 and 7ii7 by striking one year and inserting #b years2 and 7,b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 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 of a ,federal agency responsible for a ,government contract referred to in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a7 may not accept compensation from any division1 affiliate1 or subcontractor of the contractor during the #b-year period beginning on the last date on which the former official was employed by the ,federal agency4 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 title #da1 ,united ,states ,code1 is amended-- 7,a7 by redesignating section #bajg as section #bajh2 and 7,b7 by inserting after section #bajf the following3 #bajg4 ,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 striking the item relating to section #bajg and inserting the following3 #bajg4 ,prohibition on involvement by certain former contractor employees in procurements4 #bajh4 ,savings provisions4 4 7d7 ,regulations ,the ,administrator for ,federal ,procurement ,policy and the ,director of the ,office of ,management and ,budget shall1 with respect to chapter #ba of title #da1 ,united ,states ,code1 as amended by this section-- 7#a7 not later than #ahj days after the date of enactment of this ,act and 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 that chapter2 and 7#b7 in consultation with designated agency ethics officials 7as defined in section #fja of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app471 as added by section #c of this ,act71 monitor compliance with that chapter by individuals and agencies4 #e4 ,revolving door restrictions on certain covered employees moving into the private sector 7a7 ,in general ,section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7e7 through 7l7 as subsections 7f7 through 7m71 respectively2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,restrictions on employment for covered employees 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered employee has the meaning given the term in section #fja of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7,b7 the terms lobbying activities and lobbyist have the meanings given those terms in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 7#b7 ,in general ,in addition to the restrictions set forth in subsections 7a71 7b71 7c71 and 7d71 an individual who is a covered employee shall not-- 7,a7 during the #b-year period beginning on the date on which the employment of the individual as a covered employee ceases-- 7i7 knowingly act as agent or attorney for1 or otherwise represent1 any other person 7except the ,united ,states7 for compensation in any formal or informal appearance before2 7ii7 with the intent to influence1 make any oral or written communication on behalf of any other person 7except the ,united ,states7 to2 or 7iii7 knowingly aid1 advise1 or assist in-- 7,i7 representing any other person 7except the ,united ,states7 in any formal or informal appearance before2 or 7,,ii7 making1 with the intent to influence1 any oral or written communication on behalf of any other person 7except the ,united ,states7 to1 any court of the ,united ,states1 or any officer or employee thereof1 in connection with any judicial or other proceeding that was actually pending under the official responsibility of the individual as a covered employee during the #a-year period ending on the date on which the employment of the individual as a covered employee ceases or in which the individual participated personally and substantially as a covered employee2 or 7,b7 during the #b-year period beginning on the date on which the employment of the individual as a covered employee ceases-- 7i7 knowingly act as a lobbyist or agent for1 or otherwise represent1 any other person 7except the ,united ,states7 for compensation in any formal or informal appearance before2 7ii7 with the intent to influence1 make any oral or written communication or conduct any lobbying activities on behalf of any other person 7except the ,united ,states7 to2 or 7iii7 knowingly aid1 advise1 or assist in-- 7,i7 representing any other person 7except the ,united ,states7 in any formal or informal appearance before2 or 7,,ii7 making1 with the intent to influence1 any oral or written communication or conduct any lobbying activities on behalf of any other person 7except the ,united ,states7 to1 any department or agency of the executive branch or ,congress 7including any committee of ,congress71 or any officer or employee thereof1 in connection with any matter that is pending before the department1 the agency1 or ,congress4 7#c7 ,penalty ,any person who violates paragraph 7#b7 shall be punished as provided in section #baf4 4 7b7 ,technical and conforming amendments 7#a7 ,honest ,leadership and ,open ,government ,act of #bjjg ,section #ajc7;a7 of the ,honest ,leadership and ,open ,government ,act of #bjjg 7#b ,u4,s4,c4 #dgjb7;a77 is amended by striking section #bjg7;e7 each place it appears and inserting section #bjg7;f74 7#b7 ,internal ,revenue ,code of #aihf ,section #ghjb7;b77#c77;,b7 of the ,internal ,revenue ,code of #aihf is amended by striking and 7f7 of section #bjg and inserting and 7g7 of section #bjg4 7#c7 ,title #ah1 ,united ,states ,code ,section #bjg of title #ah1 ,united ,states ,code1 as amended by subsection 7a71 is amended-- 7,a7 in subsection 7g71 as so redesignated1 by striking or 7e7 and inserting or 7f72 7,b7 in subsection 7j77#a77;,b71 as so redesignated1 by striking subsection 7f7 and inserting subsection 7g72 and 7,c7 in subsection 7k71 as so redesignated-- 7i7 in paragraph 7#a77;,b71 by striking 7#be ,u4,s4,c4 #dej;i7j77 and inserting 7#be ,u4,s4,c4 #ecbc7;j772 7ii7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking and 7e7 and inserting 7e71 and 7f72 7iii7 in paragraph 7#d71 by striking and 7e7 and inserting 7e71 and 7f72 and 7iv7 in paragraph 7#g7-- 7,i7 in subparagraph 7,a71 by striking and 7e7 and inserting 7e71 and 7f72 and 7,,ii7 in subparagraph 7,b77ii71 in the matter preceding subclause 7,i71 by striking subsections 7c71 7d71 or 7e7 and inserting subsection 7c71 7d71 7e71 or 7f74 7#d7 ,title #di1 ,united ,states ,code ,section #ajf7p77#f77;,i77ii7 of title #di1 ,united ,states ,code1 is amended by striking and 7f7 of section #bjg and inserting and 7g7 of section #bjg4 7#e7 ,trade ,act of #aigd ,section #ada7;b77#d7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7;b77#d77 is amended by striking section #bjg7;f77#c7 and inserting #bjg7;g77#c74 7#f7 ,,usec ,privatization ,act ,section #caje7;c7 of the ,,usec ,privatization ,act 7#db ,u4,s4,c4 #bbig;h-#c7;c77 is amended by striking and 7d7 and inserting 7d71 and 7e74 #f4 ,restrictions on ,federal examiners and supervisors of financial institutions 7a7 ,in general ,section #aj7k7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbj7k77 is amended-- 7#a7 in the subsection heading-- 7,a7 by striking ,one-,year and inserting ,two-,year2 and 7,b7 by striking ,examiners and inserting ,examiners and ,supervisors2 7#b7 in paragraph 7#a7-- 7,a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 served-- 7i7 not less than #b months during the final #ab months of the employment of the person with that agency or entity as the senior examiner 7or a functionally equivalent position7 of a depository institution or depository institution holding company with continuing1 broad responsibility for the examination 7or inspection7 of that depository institution or depository institution holding company on behalf of the relevant agency or ,federal reserve bank2 or 7ii7 as a supervisor of the senior examiner with responsibility for managing the oversight of not more than #e depository institutions or depository institution holding companies on behalf of the relevant agency or ,federal reserve bank2 and 2 and 7,b7 in subparagraph 7,c7-- 7i7 in the matter preceding clause 7i71 by striking #a year and inserting #b years2 7ii7 in clause 7i7-- 7,i7 by striking other company and inserting other company1 firm1 or association2 and 7,,ii7 by striking or at the end2 7iii7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7iv7 by adding at the end the following3 7iii7 a business entity1 firm1 or association that represents the depository institution or depository institution holding company for compensation4 2 7#c7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#c7 through 7#g71 respectively2 7#d7 by inserting after paragraph 7#a7 the following3 7#b7 ,application of penalties for supervisors ,a supervisor of a covered financial services regulator1 or a supervisor of a senior examiner described in paragraph 7#a77;,b77i71 shall be subject to the penalties described in paragraph 7#g7 if the supervisor knowingly accepts compensation during the #b-year period beginning on the date on which the service of the supervisor is terminated-- 7,a7 as-- 7i7 an employee2 7ii7 an officer2 7iii7 a director2 or 7iv7 a consultant2 and 7,b7 from-- 7i7 a depository institution2 7ii7 a depository institution holding company that is designated by the ,financial ,stability ,oversight ,council as a systemically important financial market utility under section #hjd of the ,payment1 ,clearing1 and ,settlement ,supervision ,act of #bjaj 7#ab ,u4,s4,c4 #edfc72 or 7iii7 a business entity1 firm1 or association that represents an institution described in clause 7ii7 for compensation4 2 7#e7 in paragraph 7#c71 as so redesignated-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7,b7 by inserting before subparagraph 7,c71 as so redesignated1 the following3 7,a7 the term covered financial services agency-- 7i7 means a primary financial regulatory agency 7as defined in section #b of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #ecja772 and 7ii7 includes-- 7,i7 the ,board of ,governors of the ,federal ,reserve ,system2 7,,ii7 the ,office of the ,comptroller of the ,currency2 7,,iii7 the ,federal ,deposit ,insurance ,corporation2 7,,iv7 the ,national ,credit ,union ,administration2 7,v7 the ,securities and ,exchange ,commission2 7,,vi7 the ,federal ,housing ,finance ,agency2 7,,vii7 the ,bureau of ,consumer ,financial ,protection2 7,,viii7 the ,commodity ,futures ,trading ,commission2 7,,ix7 the ,department of the ,treasury2 7,x7 the ,national ,economic ,council2 and 7,,xi7 the ,council of ,economic ,advisers2 7,b7 the term covered financial services regulator means an officer or employee of a covered financial services agency who occupies-- 7i7 a supervisory position classified above ,,gs-#ae of the ,general ,schedule2 7ii7 in the case of a position not under the ,general ,schedule1 a supervisory position for which the rate of basic pay is not less than #abj percent of the minimum rate of basic pay for ,,gs-#ae of the ,general ,schedule2 or 7iii7 any other supervisory position determined to be of equal classification as a position described in clause 7i7 by the ,director of the ,office of ,government ,ethics2 2 7#f7 in paragraph 7#d71 as so redesignated1 by striking or other company each place it appears and inserting or other company1 firm1 or association2 and 7#g7 in paragraph 7#g71 as so redesignated-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking other company and inserting other company1 firm1 or association2 and 7ii7 in clause 7i77,i71 by striking other company and inserting other company1 firm1 or association2 and 7,b7 in subparagraph 7,c71 by striking a company and inserting a company1 firm1 or association4 7b7 ,technical and conforming amendments ,section #aj7k7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbj7k77 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking paragraph 7#f7 and inserting paragraph 7#g72 7#b7 in paragraph 7#e77;,a71 as so redesignated1 by striking paragraph 7#a77;,b7 and inserting paragraphs 7#a77;,b7 and 7#b72 and 7#c7 in paragraph 7#g71 as so redesignated-- 7,a7 in subparagraph 7,a7-- 7i7 by striking subject to paragraph 7#a7 and inserting subject to paragraph 7#a7 or 7#b72 and 7ii7 by striking paragraph 7#a77;,c7 and inserting paragraph 7#a77;,c7 or 7#b72 and 7,b7 in subparagraph 7,c7-- 7i7 by striking person described in paragraph 7#a7 and inserting person described in paragraph 7#a7 or 7#b72 and 7ii7 by striking the functions described in paragraph 7#a77;,b7 and inserting the functions or duties described in paragraph 7#a77;,b7 or 7#b74 #g4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act and the application of the provision or amendment to any other person or circumstance shall not be affected4