Prohibition on covered Federal awards for special Government employees

(a) Prohibition Chapter 11 of title 18, United States Code, is amended by inserting after section 220 the following (and conforming the table of sections of such chapter accordingly): 221. Prohibition on covered Federal awards for special Government employees (a) Except as provided in subsection (c), any special Government employee who knowingly demands, seeks, receives, accepts, or agrees to receive or accept, directly or indirectly, any covered Federal award offered or issued by their employing agency shall be subject to the penalties set forth in section 216 of this title. (b) For purposes of subsection (a), a special Government employee indirectly demands, seeks, receives, accepts, or agrees to receive or accept a covered Federal award if— (1) such award is given, with the employee’s knowledge and acquiescence to the employee's parent, sibling, spouse, child, dependent relative, or a member of the employee's household because of that person's relationship to the employee or the employee’s spouse, minor child, or general partner; or (2) such award is given to any organization with whom the employee is an officer, director, trustee, general partner, or employee, or is negotiating for, or otherwise has an arrangement for employment, if— (A) the employee will aid or assist the organization in seeking, negotiating, or performing any part of the work under the covered Federal award; or (B) the employee will receive any compensation traceable to the covered Federal award. (c) Subsection (a) does not apply to a special Government employee who— (1) only serves as a member of an advisory committee; (2) has duties comparable to the duties of an individual in a position at GS–10 of the General Schedule or lower; or (3) has a position designated exclusively for students. (d) In this section: (1) The term advisory committee has the meaning given that term in section 1001 of title 5. (2) The term covered Federal award means a contract, grant, cooperative agreement, or other contract-like instrument, including an agreement entered into pursuant to other transaction authority, that awards to the recipient on an annual basis an amount that is more than $1,000,000.. (b) Revisions required Not later than 60 days after the date of the enactment of this section, part 3 of the Federal Acquisition Regulation and part 200, Code of Federal Regulations, shall be revised to prohibit any officer or employee of an executive branch agency or department from awarding a covered Federal award if to do so would violate section 2(a) of this Act in accordance with this section. (c) Guidance The Office of Government Ethics shall issue regulatory guidance on this section and the amendment made by this section.