I 
116TH CONGRESS 
1ST SESSION 
H. R. 599 
To strengthen and enhance certain ethics requirements for the Federal 
Government, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 16, 2019 
Mr. CUMMINGS introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Oversight 
and Reform, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To strengthen and enhance certain ethics requirements for 
the Federal Government, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Executive Branch Con-
flict of Interest Act’’. 
SEC. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR 
GOVERNMENT SERVICE. 
Section 209 of title 18, United States Code, is 
amended— 
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(1) in subsection (a), by striking ‘‘any salary’’ 
and inserting ‘‘any salary (including a bonus)’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following: 
‘‘(2) For purposes of paragraph (1), a pension, 
retirement, group life, health or accident insurance, 
profit-sharing, stock bonus, or other employee wel-
fare or benefit plan that makes payment of any por-
tion of compensation contingent on accepting a posi-
tion in the United States Government shall not be 
considered bona fide.’’. 
SEC. 3. REQUIREMENTS RELATING TO SLOWING THE RE-
VOLVING DOOR. 
(a) IN GENERAL.—The Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by adding at the end 
the following: 
‘‘TITLE 
VI—ENHANCED 
RE-
QUIREMENTS FOR CERTAIN 
EMPLOYEES 
‘‘SEC. 601. DEFINITIONS. 
‘‘In this title: 
‘‘(1) COVERED
AGENCY.—The term ‘covered 
agency’— 
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‘‘(A) means an Executive agency, as de-
fined in section 105 of title 5, United States 
Code, the Postal Service and the Postal Rate 
Commission, but does not include the Govern-
ment Accountability Office or the Government 
of the District of Columbia; and 
‘‘(B) shall include the Executive Office of 
the President. 
‘‘(2) COVERED EMPLOYEE.—The term ‘covered 
employee’ means an officer or employee referred to 
in paragraph (2) of section 207(c) of title 18, 
United States Code. 
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Government Ethics. 
‘‘(4) EXECUTIVE BRANCH.—The term ‘execu-
tive branch’ has the meaning given that term in sec-
tion 109. 
‘‘(5) FORMER CLIENT.—The term ‘former cli-
ent’— 
‘‘(A) means a person for whom a covered 
employee served personally as an agent, attor-
ney, or consultant during the 2-year period end-
ing on the date before the date on which the 
covered employee begins service in the Federal 
Government; and 
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‘‘(B) does not include— 
‘‘(i) instances in which the service 
provided was limited to a speech or similar 
appearance by the covered employee; or 
‘‘(ii) a client of the former employer 
of the covered employee to whom the cov-
ered employee did not personally provide 
such services. 
‘‘(6) FORMER EMPLOYER.—The term ‘former 
employer’— 
‘‘(A) means a person for whom a covered 
employee served as an employee, officer, direc-
tor, 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 
‘‘(B) does not include— 
‘‘(i) an entity in the Federal Govern-
ment, including an executive branch agen-
cy; 
‘‘(ii) a State or local government; 
‘‘(iii) the District of Columbia; 
‘‘(iv) an Indian tribe, as defined in 
section 4 of the Indian Self-Determination 
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and Education Assistance Act (25 U.S.C. 
5304); or 
‘‘(v) the government of a territory or 
possession of the United States. 
‘‘(7) PARTICULAR
MATTER.—The term ‘par-
ticular matter’ has the meaning given that term in 
section 207(i) of title 18, United States Code. 
‘‘SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY 
STANDARDS. 
‘‘(a) IN GENERAL.—A covered employee may not use, 
or attempt to use, the official position of the covered em-
ployee to participate in a particular matter in which the 
covered employee knows a former employer or former cli-
ent of the covered employee has a financial interest. 
‘‘(b) WAIVER.— 
‘‘(1) IN GENERAL.—The head of the covered 
agency employing a covered employee, in consulta-
tion with the Director, may grant a written waiver 
of the restrictions under subsection (a) prior to en-
gaging in the action otherwise prohibited by sub-
section (a) if, and to the extent that, the head of the 
covered agency certifies in writing that— 
‘‘(A) the application of the restriction to 
the particular matter is inconsistent with the 
purposes of the restriction; or 
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‘‘(B) it is in the public interest to grant 
the waiver. 
‘‘(2) PUBLICATION.—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. 
‘‘SEC. 603. PENALTIES AND INJUNCTIONS. 
‘‘(a) CRIMINAL PENALTIES.— 
‘‘(1) IN
GENERAL.—Any person who violates 
section 602 shall be fined under title 18, United 
States Code, imprisoned for not more than 1 year, 
or both. 
‘‘(2) WILLFUL VIOLATIONS.—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. 
‘‘(b) CIVIL ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Attorney General may 
bring a civil action in an appropriate district court 
of the United States against any person who vio-
lates, or whom the Attorney General has reason to 
believe is engaging in conduct that violates, section 
602. 
‘‘(2) CIVIL PENALTY.— 
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‘‘(A) IN GENERAL.—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— 
‘‘(i) $100,000 for each violation; or 
‘‘(ii) the amount of compensation the 
person received or was offered for the con-
duct constituting the violation. 
‘‘(B) RULE
OF
CONSTRUCTION.—A civil 
penalty under this subsection may be in addi-
tion to any other criminal or civil statutory, 
common law, or administrative remedy available 
to the United States or any other person. 
‘‘(3) INJUNCTIVE RELIEF.— 
‘‘(A) IN
GENERAL.—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. 
‘‘(B) STANDARD.—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. 
‘‘(C) RULE OF CONSTRUCTION.—The filing 
of a petition seeking injunctive relief under this 
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paragraph shall not preclude any other remedy 
that is available by law to the United States or 
any other person.’’. 
SEC. 4. PROHIBITION OF PROCUREMENT OFFICERS AC-
CEPTING EMPLOYMENT FROM GOVERNMENT 
CONTRACTORS. 
(a) EXPANSION OF PROHIBITION ON ACCEPTANCE 
BY FORMER OFFICIALS OF COMPENSATION FROM CON-
TRACTORS.—Section 2104 of title 41, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘or consultant’’ and in-
serting 
‘‘attorney, 
consultant, 
subcon-
tractor, or lobbyist’’; and 
(ii) by striking ‘‘one year’’ and insert-
ing ‘‘2 years’’; and 
(B) in paragraph (3), by striking ‘‘person-
ally made for the Federal agency’’ and inserting 
‘‘participated personally and substantially in’’; 
and 
(2) by striking subsection (b) and inserting the 
following: 
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‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI-
ATES AND SUBCONTRACTORS.—A former official respon-
sible for a Government contract referred to in paragraph 
(1), (2), or (3) of subsection (a) may not accept compensa-
tion for 2 years after awarding the contract from any divi-
sion, affiliate, or subcontractor of the contractor.’’. 
(b) REQUIREMENT
FOR PROCUREMENT OFFICERS 
TO DISCLOSE JOB OFFERS MADE ON BEHALF OF REL-
ATIVES.—Section 2103(a) of title 41, United States Code, 
is amended in the matter preceding paragraph (1) by in-
serting after ‘‘that official’’ the following: ‘‘, or for a rel-
ative (as defined in section 3110 of title 5) of that offi-
cial,’’. 
(c) REQUIREMENT
ON AWARD
OF GOVERNMENT 
CONTRACTS TO FORMER EMPLOYERS.— 
(1) IN GENERAL.—Chapter 21 of division B of 
subtitle I of title 41, United States Code, is amend-
ed by adding at the end the following new section: 
‘‘§ 2108. 
Prohibition 
on 
involvement 
by 
certain 
former contractor employees in procure-
ments 
‘‘An employee of the Federal Government may not 
be personally and substantially involved with any award 
of a contract to, or the administration of a contract award-
ed to, a contractor that is a former employer of the em-
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ployee during the 2-year period beginning on the date on 
which the employee leaves the employment of the con-
tractor.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 21 of title 
41, United States Code, is amended by adding at 
the end the following new item: 
‘‘2108. Prohibition on involvement by certain former contractor employees 
in procurements.’’. 
(d) REGULATIONS.—The Administrator for Federal 
Procurement Policy and the Director of the Office of Man-
agement and Budget shall— 
(1) in consultation with the Director of the Of-
fice of Personnel Management and the Counsel to 
the President, promulgate regulations to carry out 
and ensure the enforcement of chapter 21 of title 
41, United States Code, as amended by this section; 
and 
(2) in consultation with designated agency eth-
ics officials (as that term is defined in section 
109(3) of the Ethics in Government Act of 1978 (5 
U.S.C. App.)), monitor compliance with that chapter 
by individuals and agencies. 
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