Enforcement authority for Office of Government Ethics and financial disclosures
Title VI — Preventing Abuses of Presidential Power › Subtitle C — Enforcement of the Emoluments Clauses of the Constitution
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(a) Enforcement (1) In general Section 13122(a) of title 5, United States Code, is amended— (A) by striking The Director and inserting (1) In general.—The Director; and (B) by adding at the end the following: (2) Foreign payments (A) In general The Director shall provide overall direction of executive branch policies related to compliance with sections 7343 through 7345, and shall have authority to— (i) order individuals to take corrective action; and (ii) pursuant to section 7345, require disgorgement and divestiture of any foreign payment received, accepted, or retained by a senior Federal official without the consent of Congress to ensure compliance by a senior Federal official with paragraphs (16) and (17) of subsection (b) and (17), and with paragraphs (9) through (15) of section 13104(a). (B) Definitions In this paragraph and for purposes of subsection (b)(16), the terms foreign payment and senior Federal official have the meaning given those terms in section 7343(c). (3) Overall direction The Director shall— (A) provide overall direction of executive branch policies related to compliance with section 1303 and 1304 of the Foreign and Domestic Emoluments Enforcement Act and with paragraphs (9) through (15) of section 13104(a); and (B) shall have the authority, with respect to section 1303 and 1304 of the Foreign and Domestic Emoluments Enforcement Act and with paragraphs (9) through (15) of section 13104(a), to— (i) issue administrative fines to individuals for violations; (ii) order individuals to take corrective action, including disgorgement, divestiture, and recusal, as the Director deems necessary; and (iii) bring civil actions to enforce such fines and orders.. (2) Specific authority Section 13122(b) of title 5, United States Code, is amended— (A) in paragraph (14), by striking and at the end; (B) in paragraph (15), by striking the period at the end and inserting a semicolon; and (C) by adding after paragraph (15) the following: (16) developing and promulgating rules and regulations to ensure compliance with the requirements of sections 7343 through 7345, including establishing— (A) a process for making required reports and notifications to Congress; (B) a process for ensuring the surrender or requiring the disgorgement and divestiture of a foreign payment when Congress does not consent to retention of the foreign payment; (C) a process for notifying Congress of non-compliance with the requirements of section 7343 and 7344 or with any disapproval of retention of any foreign payment by a senior Federal official; and (D) such other matters as are necessary to ensure compliance with the requirements of section 7343 and 7344; and (17) developing and promulgating rules and regulations to ensure compliance with section 1303 and 1304 of the Foreign and Domestic Emoluments Enforcement Act and with paragraphs (9) through (15) of section 13104(a), including establishing— (A) requirements for reporting and disclosure; (B) a schedule of administrative fines that may be imposed by the Director for violations; and (C) a process for referral of matters to the Office of Special Counsel for investigation in compliance with section 1216(d).. (b) Disclosures Section 13104(a) of title 5, United States Code, as amended by this Act, is further amended by adding at the end the following: (13) Foreign payments Any foreign payment received by a senior Federal official on or before the date of filing during the preceding calendar year, including the source, date, type, amount or value, date of surrender, or the date of adoption by Congress of a concurrent resolution approving the retention of the foreign payment under section 7344. In this paragraph, the terms foreign payment and senior Federal official have the meaning given those terms in section 7343(c). (14) Payments to business interest Each business interest of a senior Federal official that is reasonably expected to result in the receipt of any foreign payment during the current calendar year. In this paragraph, the terms foreign payment and senior Federal official have the meaning given those terms in section 7343(c)..