Enforcement authority of the Director of the Office of Government Ethics
Division A — Preventing Abuses of Presidential Power › Title XIII — Enforcement Of The Foreign And Domestic Emoluments Clauses Of The Constitution
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(a) General authority Section 13122(a) of title 5, United States Code, is amended— (1) by striking The Director and inserting the following: (1) In general The Director; and (2) by adding at the end the following: (2) Overall direction The Director shall— (A) provide overall direction of executive branch policies related to compliance with the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act; and (B) shall have the authority, with respect to the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act, 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.. (b) Specific authorities Section 13122(b) of title 5, United States Code, is amended— (1) in paragraph (14), by striking and at the end; (2) in paragraph (15), by striking the period at the end and inserting; and; and (3) by adding at the end the following: (16) developing and promulgating rules and regulations to ensure compliance with the Foreign and Domestic Emoluments Enforcement Act, and the amendments made by that Act, 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)..