No Corrupt Lobbyists in Government Act

This Act may be cited as the No Corrupt Lobbyists in Government Act.

(a) In general. No individual finally convicted of a bribery offense, an ethics violation, or a FARA violation may hold any executive branch position within 10 years of such final conviction.

(b) Certification requirement

(1) In general. Beginning on the date described in section 6, each individual in an executive branch position shall, prior to assuming such position, certify in writing, under penalty of perjury, that the individual is not prohibited from service under subsection (a).

(2) Form and retention. The Office of Personnel Management shall prescribe a standard certification form for purposes of paragraph (1) and shall retain all completed certifications for a period of not less than 10 years.

(a) Removal. Any individual serving in an executive branch position as of the effective date described in section 6 who, after a determination by the head of the relevant agency or the Office of Personnel Management, is found to be prohibited from such service under section 2 shall be removed from that position not later than 30 days after such determination.

(b) Fines

(1) In general. Except as provided in paragraph (2), the Director of the Office of Personnel Management may assess a fine of $50,000 for any individual found in violation of this Act.

(2) Resignation exception. Any individual in violation of this Act may avoid the fine assessed under paragraph (1) if such individual resigns from the executive branch position at issue within 90 days of the date of the determination under subsection (a).

(c) Referral. The head of an agency or the Director of the Office of Personnel Management shall, for the purposes of bringing a civil action in any appropriate United States district court, refer any individual determined under subsection (a) to be in violation of section 2 to—

(1) the Inspector General of the relevant agency;

(2) the Office of Special Counsel; and

(3) the Department of Justice, as appropriate.

(d) Civil penalty. Any individual who serves in an executive branch position in violation of section 2 shall be liable to the United States for a civil penalty in an amount not to exceed $100,000 for each day of such service.

(a) Screening. The Director of the Office of Personnel Management shall establish procedures to screen candidates for executive branch positions for prohibitive final convictions under section 2, including coordination with the Federal Bureau of Investigation and the Department of Justice as necessary.

(b) Guidance. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue guidance to all Federal agencies implementing the requirements of this Act.

(c) Request for information. The Office of Government Ethics may request information related to this Act from the Office of Personnel Management.

(d) Annual report. The Director of the Office of Personnel Management shall submit to Congress an annual report describing—

(1) the number of individuals screened under subsection (a);

(2) the number of individuals found to be prohibited from holding a position under section 2; and

(3) any enforcement actions taken under section 3 during the year that precedes such report.

In this Act:

(1) Bribery. The term bribery means a final conviction under section 201 of title 18, United States Code, or any substantially similar provision of Federal or State law.

(2) Ethics violation. The term ethics violation means a final conviction for—

(A) any offense willful, intentional, or purposeful occurring before, on, or after the date of enactment of this Act arising under—

(i) chapter 131 of title 5, United States Code;

(ii) the STOCK Act (Public Law 112–105);

(iii) subchapter III of chapter 73 of title 5, United States Code;

(iv) title 18, United States Code;

(v) sections 3729 through 3731 of title 31, United States Code (commonly known as the False Claims Act);

(vi) the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601);

(vii) the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611); or

(viii) any substantially similar Federal or State statute relating to public corruption or the abuse of a public trust; or

(B) any of the following willful, intentional, or purposeful violations:

(i) Embezzlement.

(ii) Theft.

(iii) Forgery.

(iv) Bribery.

(v) Falsification or destruction of records.

(vi) A violation of making a false statement.

(vii) Fraud relating to any procurement contract or Federal program.

(viii) Tax evasion.

(ix) A violation of a Federal criminal tax law.

(x) Receipt of stolen property.

(3) Executive branch position. The term executive branch position means, at or above, any position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation.

(4) FARA violation. The term FARA violation means a conviction for any offense under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611).

(5) Final conviction or finally convicted. The terms finally convicted and final conviction refer to a conviction—

(A) which has not been appealed and is no longer appealable because the time for taking an appeal has expired; or

(B) which has been appealed and the appeals process for which is completed.

(6) Lobbyist. The term lobbyist has the meaning given such term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).

This Act shall take effect on the date that is 90 days after the date of enactment of this Act.