Executive Branch Conflict of Interest Act
Bill: H.R.244 | Sponsor: Rep. Gomez, Jimmy (D-CA)
Policy area: Government Operations and Politics

Summary:
Executive Branch Conflict of Interest Act
This bill expands and establishes new prohibitions related to conflicts of interest involving certain federal government employees.
Specifically, the bill prohibits a federal government employee from accepting a bonus from a former private sector employer for entering government service.
The bill prohibits certain senior officials from using their position to participate in matters wherein a former employer or client has a financial interest, and it establishes penalties for an official who violates this prohibition. The bill also increases lobbying restrictions to two years for certain senior officials.
In addition, the bill expands prohibitions that prevent certain former officials who were responsible for specified government contracts from receiving compensation from a participating contractor, contractor's affiliate, or subcontractor. The bill also prohibits a procurement officer in the federal government from working for a company that received a contract overseen by the procurement officer during the officer's last two years in government service.

To strengthen and enhance certain ethics requirements for the Federal 
                  Government, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Executive Branch Conflict of 
Interest Act''.

SEC. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE.

    Section 209 of title 18, United States Code, is amended--
            (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 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 fide.''.

SEC. 3. REQUIREMENTS RELATING TO SLOWING THE REVOLVING 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 REQUIREMENTS FOR CERTAIN EMPLOYEES

``SEC. 601. DEFINITIONS.

    ``In this title:
            ``(1) Covered agency.--The term `covered agency'--
                    ``(A) means an Executive agency, as defined in 
                section 105 of title 5, United States Code, the Postal 
                Service and the Postal Rate Commission, but does not 
                include the Government 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 `executive branch' has 
        the meaning given that term in section 109.
            ``(5) Former client.--The term `former client'--
                    ``(A) 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 before the 
                date on which the covered employee begins service in 
                the Federal Government; and
                    ``(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 covered 
                        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, director, 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 Government, 
                        including an executive branch agency;
                            ``(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 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 `particular 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 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 interest.
    ``(b) Waiver.--
            ``(1) In general.--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) 
        prior to engaging in the action otherwise prohibited by 
        subsection (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
                    ``(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 violates, or whom the Attorney General 
        has reason to believe is engaging in conduct that violates, 
        section 602.
            ``(2) Civil penalty.--
                    ``(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 conduct 
                        constituting the violation.
                    ``(B) Rule of construction.--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.
            ``(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 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 ACCEPTING EMPLOYMENT FROM 
              GOVERNMENT CONTRACTORS.

    (a) Expansion of Prohibition on Acceptance by Former Officials of 
Compensation From Contractors.--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 
                        inserting ``attorney, consultant, 
                        subcontractor, or lobbyist''; and
                            (ii) by striking ``one year'' and inserting 
                        ``2 years''; and
                    (B) in paragraph (3), by striking ``personally made 
                for the Federal agency'' and inserting ``participated 
                personally and substantially in''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Prohibition on Compensation From Affiliates and 
Subcontractors.--A former official responsible for a Government 
contract referred to in paragraph (1), (2), or (3) of subsection (a) 
may not accept compensation for 2 years after awarding the contract 
from any division, affiliate, or subcontractor of the contractor.''.
    (b) Requirement for Procurement Officers To Disclose Job Offers 
Made on Behalf of Relatives.--Section 2103(a) of title 41, United 
States Code, is amended in the matter preceding paragraph (1) by 
inserting after ``that official'' the following: ``, or for a relative 
(as defined in section 3110 of title 5) of that official,''.
    (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 amended by adding at the end 
        the following new section:
``Sec. 2108. 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 to, or the 
administration of a contract awarded to, a contractor that is a former 
employer of the employee during the 2-year period beginning on the date 
on which the employee leaves the employment of the contractor.''.
            (2) Technical and conforming amendment.--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 Management and Budget shall--
            (1) in consultation with the Director of the Office 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 ethics 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.

SEC. 5. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE 
              PRIVATE SECTOR.

    (a) In General.--Subsection (c) of section 207 of title 18, United 
States Code, is amended--
            (1) in the subsection heading, by striking ``One-year'' and 
        inserting ``Two-year'';
            (2) in paragraph (1), by striking ``1 year'' in each 
        instance and inserting ``2 years''; and
            (3) in paragraph (2)(B), by striking ``1-year'' and 
        inserting ``2-year''.
    (b) Application.--The amendments made by subsection (a) shall apply 
to any individual covered by subsection (c) of section 207 of title 18, 
United States Code, separating from the civil service on or after the 
date of enactment of this Act.

SEC. 6. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.
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